Agenda packet — Foster City City Council, November 6, 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution

6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions

6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution

9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution

9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

11. 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.

12. CLOSED SESSION

12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922

12.2. Report Out from Closed Session

13. 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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

6 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/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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, November 06, 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 Recognizing November 2023 as Native American Heritage Month

4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month

4.3. Presentation of Certificates to Inaugural Class of Civics Academy

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 Regular Meeting Minutes of October 16, 2023

7. NEW BUSINESS

7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.2. Report Out from Closed Session

13. 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

7 4.1

4.1 Proclamation

8 4.2

4.2 Proclamation

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

REGULAR MEETING OF OCTOBER 16, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Regular Meeting of October 16, 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 Vice Mayor/Vice President Sullivan.

This meeting was held as a hybrid meeting.

ROLL CALL

The Communications Director/City Clerk/Recording 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; Diane Pitman,
Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Martin Ticas , Police Captain ; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Francine Magno , Senior Civil Engineer ; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician ; and Communications Director/City Clerk, Priscilla Schaus.

SPECIAL PRESENTATIONS

PRESENTATION FROM SAN MATEO COUNTY LIBRARIES ON FISCAL YEAR 2022 - 2023 ANNUAL REPORT

Julie Finklang, Foster City Library Branch Manager representing San Mateo County Libraries, presented the San Mateo County Libraries Fiscal Year 2022 -2023 Annual Report.

PUBLIC

6.1 6.1 Minutes

10 The following people addressed the City Council via email:

1. Evan Adams regarding Zoom-bombing and Council meeting recordings; and

2. Marrah Curry regarding the September 18 Council meeting.

Jon Froomin and Sam Hindi addressed the City Council in person regarding current world issues.

CONSENT CALENDAR

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

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of October 2, 2023;

2. City Resolution No. 2023-97, “A Resolution of the City Council of the City of Foster City Approving an Agreement with Elite Power Washing Company for Park System Routine Pressure Washing Services in an Amount Not to Exceed $35,000 Per Year for a Tota l of $105,000 Over a Three -Year Period from November 1, 2023 through June 30, 2026 with Optional Extensions through June 30, 2028;” and

3. City Resolution No. 2023-98, “A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Sole Source Professional Services Agreement with Verde Design, Inc. in the Amount of $49,800 to Provide Professional Design Services, Bidding Support, and Construction Support for CIP 301 -712 Edgewater Park Softball and Soccer Synthetic Resu rfacing (2023 -2024); and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3) and 15301(c) – Existing Facilities.”

ITEM PULLED FROM CONSENT

AGREEMENT WITH HINDERLITER DE LLAMAS & ASSOCIATES (HDL) IN AN AMOUNT NOT TO EXCEED $33,900 TO PROVIDE BUSINESS LICENSE TAX

ADMINISTRATION SERVICES AND APPROVE A SUPPLEMENTAL BUDGET APPROPRIATION OF $33,900 IN THE GENERAL FUND’S FINANCIAL SERVICES DEPARTMENT, ACCOUNT NUMBER 001 -1140-415-4251. CITY RESOLUTION NO. 2023-99.

Without objection from the City Council, Vice Mayor Sullivan removed this item from the Consent Calendar at the request of Mayor Froomin.

Finance Director Suen presented the staff report.

Discussion ensued.

6.1 6.1 Minutes

11 Motion by Mayor Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-99, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager or His Designee to Execute an Agreement With Hinderliter De Llamas & Associates (HdL) In An Amount Not To Exceed $33,900 To Provide Business License Tax Administration Services And Approve A Supplemental Budget Appropriation Of $33,900 In The General Fund’s Financial Services Department, Account Number 001-1140-415-4251.”

NEW BUSINESS

AUTHORIZE A ONE-TIME FUNDING CONTRIBUTION IN THE AMOUNT OF $10,000

TO THE CORA SPEAK UP CAMPAIGN, AND AUTHORIZE AN APPROPRIATION IN AN AMOUNT NOT -TO-EXCEED $10,000 TO THE COMMUNITY BENEFITS PROGRAM FUND, ACCOUNT NO. 005 -0110-413-4251, TO FUND THE CONTRIBUTION . CITY RESOLUTION NO. 2023-100.

Police Captain Ticas presented the staff report.

Pheobe Venkat addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Mayor Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2023 -100, “A Resolution of the City Council of the City of Foster City Authorizing a One-Time Funding Contribution in the Amount of $10,000 to the CORA Speak Up Campaign, and Authorizing an Appropriation in an Amount Not - to-Exceed $10,000 to the Community Benefits Program Fund, Account No. 005 -0110- 413-4251, to Fund the Contribution.”

REPORTS

LEVEE IMPROVEMENTS PROJECT (CIP 327 -657) – GENERAL UPDATE – AUGUST AND SEPTEMBER 2023. MINUTE ORDER NO. 1943.

Senior Civil Engineer Magno presented the staff report.

Discussion ensued.

Motion by Mayor Froomin, seconded by Councilmember Jimenez , and carried unanimously, 5-0-0, adopting Minute Order No. 1943, receiving and accepting the Levee Improvements Project (CIP 327-657) – General Update – August and September 2023.

PRELIMINARY REPORT ON POTENTIAL BUSINESS LICENSE TAX ORDINANCE AMENDMENT AND NOVEMBER 2024 GENERAL ELECTION BALLOT MEASURE .

MINUTE ORDER NO. 1944.

6.1 6.1 Minutes

12 Assistant City Manager Subhashini presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1944, to receive and accept the Preliminary Report on Potential Business License Tax Ordi nance Amendment and November 2024 General Election Ballot Measure, and provide policy direction to (1) R eissue the Request for Proposals (RFP) for BLT consulting services if responses received exceed the City Manager purchasing policy authority of $50,000; and (2) directing staff to continue efforts regarding placing a BLT ballot measure on the November 2024 General Election.

COMMUNICATIONS

CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on September 28, 2023 and October 5, 2023, and ACH were processed on October 5, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager Chatwin announced that Diane Pitman started as the Administrative Services Director on October 16. Staff thanked Council for their support on the many projects that have been occurring such as the Levee Improvements Project and the Recreation Center Rebuild Project.

Councilmember/Director Kiesel stated that he met with Parks and Recreation Director Schweigart after the recent storm that had resulted in fallen trees. He received a report at the Parks and Recreation Advisory Committee meeting that they had an arborist tag trees that have potential in causing damage.

Councilmember/Director Jimenez welcomed Administrative Services Director Pitman.

Councilmember/Director Hindi stated that on October 12 he attended the City/County Association of Governments (C/CAG) board meeting, where they received updates on the San Mateo 101 Express Lanes and discussed the Community Transportation Benefits Program that provides financial assistance to qualifying individuals . On October 4, he attended the SFO Airport/ Community Roundtable meeting. On October 11, he attended the Citizens Sustainability Advisory Committee (CSAC) meeting. He also w elcomed Administrative Services Director Pitman.

Mayor/President Froomin thanked staff for removing fallen trees that had been damaging the roadway and for responding to pre-meeting questions. He welcomed Administrative Services Director Pitman. He also thanked staff for their responsiveness to community requests for work. He stated he f ilmed another edition of Mayoral Minute that has been

6.1 6.1 Minutes

13 released. On October 11, he attended the San Mateo Consolidated Fire Board meeting.

On October 12, he met with participants in the recreational ceramics program to hear their input on the Recreation Center Rebuild Project . He t hanked Councilmember /Director Hindi for joining him in participating in their joint public comment.

Vice Mayor/Vice President Sullivan thanked the Council for their cooperation in working together. He w elcomed Administrative Services Director Pitman. On October 5, he attended the Planning Commission meeting. On Oct 7 , he attended the San Mateo Consolidated Fire Department Open House.

ADJOURNMENT

Hearing no objection from the City Council/EMID Board, Vice Mayor/Vice President Sullivan adjourned the meeting. Meeting adjourned at 8:20 p.m.

6.1 6.1 Minutes

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DATE: November 6, 2023

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: REAPPOINTMENT OF PAUL NORTON TO THE SAN MATEO

COUNTY MOSQUITO VECTOR AND CONTROL DISTRICT

BOARD OF TRUSTEES

RECOMMENDATION
It is recommended that the City Council consider the reappointment of Paul Norton to fill a full four-year term commencing January 1, 2024 through December 31, 2027 as the Foster City representative on the Board of Trustees of the San Mateo County Mosquito Vector and Control District.

EXECUTIVE SUMMARY
The San Mateo County Mosquito and Vector Control District uses an integrated pest management strategy to safeguard the health and comfort of the residents of San Mateo County. The Board of Trustees consists of 21 members, one from each city/town and one representative for the County at-large. Each trustee is appointed by their respective City Council to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve for a two-year or four-year term at a time and are highly dedicated to this community service.

Previously, on October 7, 2019, Catherine Mahanpour was appointed to the Board of Trustees of the San Mateo County Mosquito and Vector Control District during her tenure as Councilmember for a term from January 1, 2020 through December 31, 2023.

6.2 6.2 Staff Report

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On June 16, 2021, Ms. Mahanpour provided her resignation from the Board of Trustees effective July 5, 2021. A notice of vacancy, for a partial term, was advertised for four (4) weeks with one resident application received.

Paul Norton was appointed to the Board of Trustees of the San Mateo County Mosquito and Vector Control District on August 2, 2021 to fill a partial term from January 1, 2020 to December 31, 2023.

Mr. Norton has expressed interest to continue serving on the Board of Trustees for the San Mateo County Mosquito and Vector Control District and has been invited to the November 6th Council meeting.

A representative on the Board of Trustees of the San Mateo County Mosquito and Vector Control District can either be a Councilmember or a resident of the City.

According to the California Health and Safety Code, Section 2024: "The term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority."
California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact with this reappointment.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 - Resolution

6.2 6.2 Staff Report

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1 RESOLUTION NO.____________

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

REAPPOINTING PAUL NORTON AS THE FOSTER CITY REPRESENTATIVE TO THE

BOARD OF TRUSTEES OF THE SAN MATEO COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT TO A FOUR-YEAR TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2027

CITY OF FOSTER CITY
WHEREAS, the San Mateo County Mosquito and Vector Control District uses an integrated pest management strategy to safeguard the health and comfort of the residents of San Mateo County; and
WHEREAS, the Board of Trustees consists of 21 members, one from each city/town and one representative for the County at-large; and WHEREAS, each trustee is appointed by their respective City Council to govern the Mosquito and Vector Control District knowledgeably and effectively; and WHEREAS, there is a vacancy on the Board of Trustees to the San Mateo County Mosquito and Vector Control District; and
WHEREAS, it is the City's desire to continue having representation on the Board of Trustees to the San Mateo County Mosquito and Vector Control District.

NOW, THEREFORE, BE IT RESOLVED that Paul Norton is hereby reappointed to the San Mateo County Mosquito and Vector Control District Board of Trustees to fill a four-year term from January 1, 2024 through December 31, 2027.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 6th day of November, 2023, by the following vote AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

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DATE: November 6, 2023

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: CHANGING CANDIDATE STATEMENT DEPOSIT AMOUNT TO $900 AND INCLUDE ALL LANGUAGE TRANSLATIONS AS

REQUIRED BY LAW

RECOMMENDATION
It is recommended that the City Council adopt a resolution repealing City Resolution No. 2015-50 to change the candidate statement deposit amount from $400 to $900 to bear all costs associated with candidate statements, including all language translation as required by law, in sample ballots for the 2024 election cycle and future election years.

EXECUTIVE SUMMARY
Candidates who wish to file a statement of qualification/candidate statement must pay a deposit with the City to cover the costs associated with printing and translating the candidate statements in sample ballots. The current deposit amount is $400 but in recent years, the cost of printing and translating candidate statements has increased and $400 no longer covers the entire cost. Changing the candidate statement deposit amount to $900 ensures all costs associated with candidate statements, including language translation as required by law, are adequately funded. The $900 also considers the increasing cost over future election cycles.

The resolution (Attachment 1) will change the deposit amount to $900 and will update guidelines for candidate statements to include all language translation as required by law, not limiting to only Spanish and Chinese translation.

6.3 6.3 Staff Report

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BACKGROUND/ANALYSIS
On June 1, 2015, City Resolution No. 2015-50 (Attachment 2) was approved which required candidates to pay a deposit of $400 to the City if they wish to file a statement of qualification/candidate statement. The deposit covers the cost of publication of Statement of Qualifications in sample ballots with San Mateo County (County), including the cost of translation into Spanish and Chinese.

The cost of printing and translating candidate statements with the County has significantly increased since 2015. The County is also mandated by the state to provide election information in Spanish and Chinese and in recent years, has included Tagalog.

In the 2020 election, the total cost to print, handle, translate, and mail candidate statements for each candidate was approximately $250. In the 2022 election, the total cost to print, handle, translate, and mail candidate statements for each candidate was approximately $550, a 120% increase from the previous election cycle.

Due to the increase in cost, the $400 deposit did not cover the cost per candidate. Staff had to wait until late December for the County to remit exact costs of translation and printing before being able to request additional funds from the candidates. Further, staff struggled to obtain the funds from some candidates in a timely manner.

The new deposit amount of $900 considers the increasing print and translation costs over the next election years and minimizes the need for staff to return to City Council before every election cycle for approval. Obtaining a larger deposit up front allows leeway in the event that the total cost per candidate statement increases and will also save staff time from needing to go back and ask candidates for additional funds. It is preferred to receive a deposit that covers all costs and remit a refund of unused funds as needed. By increasing the deposit from $400 to $900, staff is hoping that it will cover the increases for print and translations costs for the 2024 and 2026 election cycles, before staff needs to come back to Council for additional changes to the candidate statement deposit amount.

Pursuant to Elections Code Section 1337, candidates will receive a written notice once the City receives their payment stating that their deposit will cover an estimated cost for the candidate statement.

Any unused funds will be refunded to the candidate. Similarly, any overage of cost will be invoiced to the candidate.

California Environmental Quality Act
The approval of the attached Resolution is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of

6.3 6.3 Staff Report

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Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no fiscal impact to the City as the financial responsibility of the candidate statement is designated to the candidate.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – City Resolution No. 2015-50

6.3 6.3 Staff Report

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7 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY REPEALING CITY RESOLUTION NO. 2015-50 AND CHANGING THE CANDIDATE STATEMENT DEPOSIT AMOUNT TO $900 AND INCLUDING ALL LANGUAGE TRANSLATIONS AS

REQUIRED BY LAW

CITY OF FOSTER CITY
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs of the candidate's statement and each candidate for elective office to be voted for at an election held in the City of Foster City on November 5, 2024 and thereafter may voluntarily prepare a candidate’s statement of an appropriate form provided to the City Clerk; and WHEREAS, the statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred words in length for the candidate’s education and qualifications expressed by the candidate himself or herself; and
WHEREAS, the statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations and shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed; and
WHEREAS, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period and such statement will be the only material sent with the sample ballots and no other material will be included for distribution; and WHEREAS, the City Council of the City of Foster City had by adoption of City Resolution No. 2015-50, designated a deposit amount of $400 from the candidate to bear the total cost associated with the printing, handling, translating, and mailing of candidate statements in voter sample ballots; and
WHEREAS, the City of Foster City finds that the actual cost associated with the printing, handling, translating, and mailing of candidate statements in voter sample ballots is more than $400, and the City needs to request additional payment from candidates.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby repeal City Resolution No. 2015-50 and designates a deposit amount of $900 from the candidate to bear the total cost associated with the printing, handling, translating, and mailing of candidate statements in voter sample ballots.

6.3 Attachment 1 - Resolution

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7 deposit of $900.00 to cover the cost of publication of such Statement of Qualifications, including the cost of translation of such statement into all languages as required by law, if requested by the candidate. Any unused funds will be refunded to the candidate.

Similarly, any overage of cost will be invoiced to the candidate.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 6th day of November, 2023, by the following vote AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

22 RESOLUTION NO. 2015-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY REPEALING RESOLUTION NO. 97-69 AND ADOPTING NEW REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES'

STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby repeal Resolution 97-69 and designates the candidate to bear the total cost associated with the printing, handling, translating, and mailing of candidate statements in voter sample ballots.

BE IT FURTHER RESOLVED, by the City Council of the City of Foster City that each candidate who requests that a Statement of Qualifications be published and distributed with the sample ballot for the Statewide General Election, shall be charged a deposit of $400.00 to cover the cost of publication of such Statement of Qualifications, including the cost of translation of such statement into Spanish and Chinese, if requested by the candidate. Any unused funds will be refunded back to the candidate.

Similarly, any overage of cost will be invoiced to the candidate.

BE IT FURTHER RESOLVED, that such Statement of Qualifications may not exceed two hundred words in length and such statement will be the only material sent with the sample ballots and no other material will be included for distribution.

6.3 Attachment 2 - City Resolution No. 2015-50

23 City Resolution No. 2015-50
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of June, of 2015 by the following vote:

AYES: Councilmembers Bronitsky, Okamoto, Perez, Pollard and Mayor Kiesel NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:

DORIS L. PALMER, CITY CLERK

6.3 Attachment 2 - City Resolution No. 2015-50

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DATE: November 6, 2023

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

FROM: Sofia Mangalam, Community Development Director
DEPARTMENT: Community Development
SUBJECT: SUPPLEMENTAL APPROPRIATION OF FUNDS FOR

CONSULTING SERVICES FOR HOUSING ELEMENT

CERTIFICATION AND IMPLEMENTATION

RECOMMENDATION
It is recommended that the City Council approve the attached resolution approving a supplemental appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 128-0838-419-42-51 for consulting services for continued assistance with Housing Element certification and implementation and finding the request exempt from the California Environmental Quality Act pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
In July 2022, the City submitted its first draft of the Housing Element Update to the State Department of Housing and Community Development (HCD) for review. Since then, staff submitted two (2) formal revisions with the last submittal on May 26, 2023.

To date staff have received three (3) formal comment letters from HCD and since the last comment letter received on July 25, 2023, staff has met with HCD reviewer(s) four (4) times to discuss the revisions for Housing Element.

On August 19, 2013, the City Council approved an agreement with Urban Planning Partners, Inc (UPP) to provide planning consulting services (see item 5.3.2). Leslie Carmichael from UPP has been assisting staff with the update of the Housing Element 2023-31. The work was initially anticipated to be completed by May 2023 upon the

6.4 6.4 Staff Report

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adoption of the Housing Element. However, HCD did not certify Foster City’s Housing Element and additional help from UPP staff is essential to achieve certification and implementation of the Housing Element. Thus, staff is requesting a supplemental appropriation of funds in the amount of $60,000 to the account 128-0838-419-42-51 to pay for consulting services for continued assistance with the Housing Element certification.

BACKGROUND/ANALYSIS
The City of Foster City has been diligently working on the Housing Element Update for more than three (3) years. After conducting an extensive analysis, incorporating substantial community input and ensuring compliance with various state laws, the City submitted its first draft to HCD for review in July 2022. Subsequently, City received its first comment letter from HCD on October 3, 2022.

Following this, significant changes were made in response to HCD and public comments, which were incorporated into the second draft dated February 16, 2023, On February 24, 2023, City submitted the revised draft of the Housing Element Update (second submittal) to HCD. After the 60-day review period, the City received a second comment letter on April 24, 2023. This led to another round of extensive analysis, revisions, and clean ups.

After these revisions, the draft Housing Element update was presented to the Planning Commission and City Council for adoption. On May 22, 2023, the City Council adopted a General Plan Amendment to rescind the 2015-2023 Housing Element and adopt the Housing Element of the General Plan for the period 2023-2031. Subsequently, on May 26, 2023, staff submitted its revised and adopted Housing Element (third submittal) for HCD’s review. HCD then sent a third comment letter on July 25, 2023.

Since the last HCD comment letter, staff have been informally collaborating with HCD reviewer(s) on further revisions to the adopted Housing Element, having met four (4) times with the reviewer and emailing multiple times for guidance. These meetings required a significant amount of staff and consultant time. Once the City receives an informal approval from the HCD reviewer that the proposed revisions are satisfactory, they need to be included in the formal Housing Element document. Additionally, once certified by HCD, staff along with the consultant will need to schedule Planning Commission and City Council public meetings for re-adoption of the Housing Element.

The Housing Element includes a wide range of policies and programs, most notably, Objective Design and Development Standards for multi-family and mixed-use developments (ODDS). Leslie Carmichael has been leading the efforts on ODDS and additional time and resources are needed to complete the work. Staff anticipates finalizing the ordinance for ODDS in the next 2-3 months.

As noted earlier, the work on the Housing Element began three (3) years ago. On

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October 19, 2020, City Council authorized an agreement with Baird + Driskell/21 Elements to assist staff with the next Housing Element Update in the amount of $54,500 (see item 6.2.1). Staff applied and received approval for supplemental grant funds through the California Department of Housing and Community Development Local Early Action Planning (LEAP) program for updating the Housing Element in the amount of $150,000. The grant money was used to pay for consulting services for Housing Element work. After the adoption of the Housing Element in May 2023, staff sent a final close out report to HCD after receiving reimbursement for the grant money.

Foster City has a General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance fee, which was established as part of the FY 2011-2012 budget. The fee provides funding for the unreimbursed State mandated costs of updating and maintaining the City’s General Plan, Title 15 Buildings and Construction Ordinance and Title 17 Zoning Ordinance Maintenance. The fee is collected at the time of building permit issuance and is based on the value of the application and provides a dedicated funding source for future General Plan updates and zoning and building code updates without relying on the General Fund. The fee was last updated on March 28, 2022. As of June 30, 2023, there is a projected amount of $1.9 million available in the General Plan Maintenance fund balance. Thus, staff is requesting a supplemental appropriation of $60,000 from said fund balance to account 128-0838-419-42-51 to continue the work on Housing Element certification and implementation.

Next Steps on the Housing Element
Incorporate all the proposed revisions per HCD’s comment letter dated July 25, 2023, to the adopted Housing Element and post if for a 7-day public review period. At the end of the public review period, submit the revised document to HCD for a formal review.

HCD has up to 60 days for review. HCD may have additional comments, in which case, staff and consultant will need to make further revisions and follow the process for a 7- day public review and formal submittal to HCD. If upon the formal submittal, HCD certifies Foster City’s Housing Element, staff will schedule two (2) public meetings, Planning Commission and City Council for re-adoption of the Housing Element. The work on the implementation of the Housing Element will continue for the cycle of the Housing Element and cities are required to submit an Annual Progress Report (APR) to HCD by April 1 every year.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Staff is requesting a supplemental appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 128-0838-419-42-51 for consulting services for continued assistance with Housing Element certification and implementation.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy

ATTACHMENTS
Attachment 1 - Resolution

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RESOLUTION NO. ____

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

RECOMMENDING CITY COUNCIL APPROVING A SUPPLEMENTAL
APPROPRIATION OF $60,000 FROM GENERAL PLAN MAINTENANCE FUND 128 TO ACCOUNT 128-0838-419-42-51 FOR CONSULTING SERVICES FOR CONTINUED

ASSISTANCE WITH HOUSING ELEMENT CERTIFICATION AND IMPLEMENTATION

AND FINDING THE REQUEST EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City has been diligently working on the Housing Element Update 2023-31 for more than three (3) years; and WHEREAS, the City submitted its first draft to Department of Housing and Community Development (HCD) for review in July 2022. Subsequently, City received its first comment letter from HCD on October 3, 2022; and
WHEREAS, on February 24, 2023, City submitted the revised draft of the Housing Element Update (second submittal) to HCD and after the 60-day review period, the City received a second comment letter on April 24, 2023; and WHEREAS, On May 22, 2023, the City Council adopted a General Plan Amendment to rescind the 2015-2023 Housing Element and adopt the Housing Element of the General Plan for the period 2023-2031; and
WHEREAS, on May 26, 2023, staff submitted its revised and adopted Housing Element (third submittal) for HCD’s review and received a third comment letter on July 25, 2023; and
WHEREAS, HCD is yet to certify Foster City’s Housing Element and additional help from UPP staff is essential to achieve certification and implementation of the Housing Element; and
WHEREAS, staff is requesting a supplemental appropriation of funds in the amount of $60,000 to the account 128-0838-419-42-51 to pay for consulting services for continued assistance with the Housing Element certification and implementation; and WHEREAS, the request for appropriation is exempt under the CEQA Guidelines Section 15061(b)(3), Common Sense Exemption; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the Foster City does hereby approve a supplemental appropriation of $60,000 from General Plan

6.4 Attachment 1 - Resolution

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Maintenance Fund 128 to Account 128-0838-419-42-51 for consulting services for continued assistance with Housing Element certification and implementation.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of November, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________

JON FROOMIN, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

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DATE: November 6, 2023

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

FROM: Andrew Brozyna, Public Works Director
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Civil Engineer
DEPARTMENT: Public Works
SUBJECT: TASK ORDER WITH BKF ENGINEERS FOR ON-CALL CIVIL ENGINEERING SERVICES IN THE AMOUNT OF $144,868 TO

PROVIDE ROADWAY ASSESSMENT, DESIGN SERVICES, AND
BID/CONSTRUCTION SUPPORT FOR CIP 301-716 STREET

REHABILITATION AND PARKS PATHWAY RESTORATION
(2023-2024)

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

1. The Mayor to execute Task Order BKF-2023-12 with BKF Engineers in the amount of $144,868 to provide roadway assessment, design services, and bid/construction support for CIP 301-716 Street Rehabilitation and Parks Pathway Project under the Master Professional Civil Engineering Services Agreement; and

2. The establishment of a contingency in the amount of $15,000 with authorization given to the City Manager or his designee, to execute contract amendments up to the contingency amount; and

3.The appropriation in the amount of $678,247.48 from Fund 301 to the existing project budget 301-0910-716-4251 for funds previously collected from Gilead Sciences, Inc., to be used towards the City’s Pavement Management Program.

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EXECUTIVE SUMMARY
CIP 301-716 consists of street rehabilitation and pavement maintenance on streets identified through analysis of the Metropolitan Transportation Commission’s (MTC) Pavement Management Program (PMP), and pathway restoration in parks identified by City Parks staff. The rehabilitation project will help to increase and maintain the City’s overall Pavement Condition Index (PCI) and the pathway restoration will improve the safety and enjoyment of parks for the public. Task Order BKF-2023-12 will provide the City with the needed technical assistance to prepare construction contract documents including roadway assessment, design services, and bid/construction support. The proposed fees in the amount of $144,868 have been reviewed by staff, negotiated and deemed appropriate based on the scope of services.

Funding in the amount of $1,800,000 has been budgeted and is available in the City CIP and Measure A funds. The City Council action will allow staff to award the project with anticipation of a roadway assessment during November 2023, bid package preparation from December 2023 to March 2024, and a tentative construction start date of May 2024. The timeline is necessary to ensure a construction period during the most ideal weather and logistical conditions.

BACKGROUND
Foster City has been recognized consistently by the MTC as having good overall street quality and as having one of the best maintained street systems in the MTC system.

The unit of measurement of this is PCI, which factors in pavement age, climate and precipitation, traffic loads, and available maintenance funding. As of the most recent MTC 2021 Pavement Conditions Summary, Foster City is at a “Good” PCI of 79, one point below “Very Good” PCI of 80.

CIP 301-716 is intended to repair/resurface public streets and improve the City’s PCI.

The streets selected for this CIP project will be determined primarily through the PMP analysis which is updated based on field inspection every two to three years. Locations identified include striping and signage improvements, utility adjustments if necessary, and the retrofitting of existing non-compliant curb ramps in conformance with the Americans with Disabilities Act (ADA).

Parks Pathway restoration is also included in CIP 301-716. Resurfacing park pathways will add surface life, enhance public safety, and prevent major repairs or replacements in the future.

As a Project condition of approval, payments are collected or rehabilitation of roads is performed by developers to offset the impacts to the City’s roadways resulting from construction vehicles on City streets. These street impact payments are reserved to be used to fund the City’s street rehabilitation program. Currently there is $678,247.48 in street impact payments that was previously collected as a result of Gilead Sciences, Inc. land development projects.

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On July 18, 2022, the City Council/EMID Board adopted Resolution No. 2022-87 and 3665 and approved a Master Professional Civil Engineering Services Agreement with BKF Engineers under which the City/District can utilize professional on-call civil engineering services to carry out specific tasks with the approval of a Task Order by the City/District Manager or City Council/EMID Board (depending on the scope of the task) from July 18, 2022 through July 17, 2025. BKF Engineers was selected through a competitive process, in accordance with the City’s purchasing policy, and was selected to provide on-call Civil Engineering Services along with one other firm. BKF Engineers has worked on several projects with Foster City and is fully qualified to manage, design, and support CIP 301-716.

ANALYSIS
The project will address the repairs of portions of streets specifically identified by City Staff and through the findings of the initial roadway assessment phase and analysis of the City’s PMP, with consideration toward the following parameters:
•Overall benefit to PCI
•Anticipated budget constraints
•Required supporting infrastructure improvements such as curb ramps, and crosswalks
•Overall budget impacts of the identified improvements
•Opportunities or requirements to implement Green Infrastructure BKF will provide recommendations for type of treatment for the roadways identified for rehabilitation based on the existing condition. Normal repair methods include crack seal, slurry seal, dig-out repairs, and surface overlays. Curb ramp replacement, striping and signage improvements, and traffic control plans will be included where necessary.

This project will also address two specific areas identified by City staff as described below:

The first area consists of an analysis at the intersection of East Hillsdale Blvd at Center Park Lane. The bricks comprising the decorative intersection have been damaged over time due to heavy traffic flow. BKF will analyze the damage to the bricks and concrete subsurface and recommend appropriate rehabilitation action to upkeep the appearance of the intersection.

The second area includes grade corrections to the portion of Shell Boulevard around the driveway adjacent to Beach Park Elementary School to ensure proper drainage.

This scope of work includes detailed survey, grading, and surface drainage considerations. The San Mateo-Foster City Elementary School District will be contributing funds for the corrections per term 4.b.iii. in the Memorandum of Understanding (MOU) between the School District and the City dated June 4, 2018.

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Public Works staff will assist BKF in coordinating with the Parks & Recreation Department to identify pathways for rehabilitation and repair within Killdeer, Boothbay, and Sea Cloud Parks with the Parks Pathway Restoration budget of up to $300,000.

Pathway restoration may involve removing and replacing failed and root-damaged asphalt pathways, installing root barriers, slurry sealing, and striping as needed to maintain public safety and extend infrastructure life.

Additionally, BKF will coordinate with staff to incorporate bike lanes, where appropriate, for street sections identified for repair, prior to design.

Project Schedule
Roadway Assessment November 2023
Plans, Specifications, and Estimate 50% November – December 2023 Plans, Specifications, and Estimate 90% January – February 2024 Plans, Specifications, and Estimate Final February – March 2024 Council Approval and Bid Period March – April 2024
Construction Begins May 2024
The timeline will allow construction to occur under the most ideal weather conditions.

The timeline is also logistically beneficial as school will be out of session, thereby reducing the amount of traffic disruption.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities.

FISCAL IMPACT
The proposed fees in the amount of $144,868 have been determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $15,000 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

Funding for CIP 301-716 is available in the Measure A ($1,500,000) and City CIP funds ($300,000). With an appropriation of $678,247.48, from developer road impact payments, the total project budget is $2,478,247.48.

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

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Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Task Order

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6 RESOLUTION NO.____________

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

AUTHORIZING THE EXECUTION OF A TASK ORDER WITH BKF ENGINEERS FOR ON-CALL CIVIL ENGINEERING SERVICES IN THE AMOUNT OF $144,868 TO

PROVIDE ROADWAY ASSESSMENT, DESIGN SERVICES, AND
BID/CONSTRUCTION SUPPORT FOR CIP 301-716 STREET REHABILITATION AND PARKS PATHWAY RESTORATION (2023-2024); APPROPRIATION IN THE AMOUNT OF $678,247.48 FROM FUND 301 TO THE EXISTING PROJECT BUDGET 301-0910- 716-4251; AND FINDING THE APPROVAL EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, CIP 301-716 is intended to repair/resurface public streets and improve the City’s Pavement Condition Index (PCI), which is currently at a “Good” PCI of 79, one point below “Very Good” PCI of 80; and
WHEREAS, CIP 301-716 also includes Parks Pathway restoration, intended to add surface life, enhance public safety, and prevent major repairs or replacements in the future in City Parks; and
WHEREAS, on July 18, 2022, the City Council/EMID approved a Master Professional Civil Engineering Services Agreement with BKF Engineers (BKF) under which the City can access on-call professional services by Task Order; and WHEREAS, BKF will identify and provide recommendations for roadways and pathways requiring rehabilitation through analysis of the City’s Pavement Management Program (PMP) and a roadway assessment, in addition to areas identified by City staff; and
WHEREAS, rehabilitation recommendations include crack seal, slurry seal, dig- out repairs, and surface overlays, and, where necessary, curb ramp replacement, striping and signage improvements, and traffic control plans; and WHEREAS, funding has been budgeted from Measure A ($1,500,000) and City CIP funds ($300,000); and
WHEREAS, additional funding in the amount of $678,247.48, from development impact payments was previously collected and available in Fund 301 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

6.5 Attachment 1 - Resolution

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6 1. The Mayor to execute Task Order BKF-2023-12 with BKF Engineers in the amount of $144,868 to provide project management, roadway assessment, design services, and bid/construction support for CIP 301-716 street rehabilitation and parks pathway project under the Master Professional Civil Engineering Services Agreement; and

2. The establishment of a contingency in the amount of $15,000 with authorization given to the City Manager, or his designee to execute contract amendments up to the contingency amount; and

3. The appropriation in the amount of $678,247.48 from Fund 301 to the existing project budget 301-0910-716-4251 for funds previously collected from Gilead Sciences, Inc., to be used toward the City’s pavement management program.

BE IT FURTHER RESOLVED, the Mayor is hereby authorized to execute the Task Order, with minor, non-substantive revisions that may be approved by the Mayor and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Task Order.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

37 TASK ORDER NO. BKF-2023-12

TO MASTER ENGINEERING SERVICES AGREEMENT

This Task Order No. BKF-2023-12 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and BKF Engineers ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Civil Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform professional Civil Engineering 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 $144,868 (including all hourly billings as well as reimbursable costs) at the rates and schedules specified in Exhibit B, attached hereto and incorporated herein by reference.

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: Brian Scott
Title: Mayor Title: Principal
Date: _________________________ Date: _____________________

6.5 Attachment 2 - Task Order

38 EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE,

PROFESSIONAL ON-CALL CIVIL ENGINEERING SERVICES

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 BKF Engineers, 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 PROJECT

See attached proposal.

6.5 Attachment 2 - Task Order

39 BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 BKF No. P2021145-07
June 6, 2023, revised October 16, 2023

Laura Galli, P.E.

Engineering Manager
City of Foster City | Estero Municipal Improvement District 610 Foster City Boulevard, Foster City, CA 94404
Transmitted Via Email:
[email protected]

Subject: Street Rehabilitation and Park Pathway Re storation Project (2023-2024)

Dear Laura:

BKF Engineers welcomes the opportunity to submit th is proposal for the following Street Rehabilitation Project. To arrive at the estimated effort required by our offi ce for this project, we have provided our understan ding of the project and outlined a proposed scope of services, assumptions, and associated fee. The project is discussed below.

I. PROJECT UNDERSTANDING

Foster City has been recognized consistently by the Metropolitan Transportation Commission (MTC) as ha ving excellent overall street quality and as having one of the best maintained street systems in the MTC sy stem. The unit of measurement of this is Pavement Condition Index (PCI), which factors in pavement age, climate and precipitation, traffic loads, and available maintenance funding. As of the most recent MTC 2021 Paveme nt Conditions Summary, Foster City is at a “Good” PCI of 79, one point below “Very Good” PCI of 80.

This project is intended to repair/resurface public streets and improve the City’s PCI. The streets selected for this CIP project will be determined primarily through the Pavement Management Program (PMP) analysis which is updated based on field inspection every two to three years. The normal repair methods include crack seal, slurry seal, dig-out repairs, and surface overlays. This project will address the repairs of portions of streets specifically identified by City staff and through the findings of the initial Roadway Assessment phase.

It should be noted that some repairs may include improvements that disturb existing pavement beyond th e top of the base course. Any improvements to base rock will be subject to the Municipal Regional Permit (MRP) version

3.0 requirements for creating and/or replacing impervious surface and necessitate Green Infrastructure (GI). The threshold of this pavement maintenance and improvement of the base course is a contiguous 5,000 SF to trigger GI requirements. While portions of the scope have b een identified by City staff through the proposal process, the Roadway Assessment phase will identify additional areas for improvement. During the Roadway Assessment phase, GI design will be evaluated and incorporated if necessary, taking into consideration geometric layout, grading, overall feasibility with the budget, groundwater elevations, soil permeability and infiltration potential. It is BKF’s understanding that this project is first and foremost a pavement repair project to increase PCI and funding should be applied to pavement improvements as much as possible.

As identified by City staff, the project will specifically include an analysis of the existing conditions for the intersection of East Hillsdale and the entrance to Metro Center. The decorative pavement in this inter section is failing and would be repaired. Special consideration will be given to the sub-slab and existing patch es with temporary removal of topping pavers for inspection of the concrete sub-slab. The City has identified t hat the median noses be reduced to not extend into the cros swalk area along East Hillsdale.

EXHIBIT A

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This project will be combined and coordinated with the Parks Pathway restoration project which involves removing and replacing failed and root-damaged asph alt pathways, installing root barriers, slurry sealing, and striping as needed. Resurfacing park pathways will add surface life, enhance public safety, and prevent major repairs or replacements in the future. For budgetary purposes, we have assumed one sheet for each par k with a relative level of detail that will be appropriate. BKF will coordinate with the Parks Department on wh ich paths are to be removed and repaired with the Parks Pathway restoration project budget of up to $300,000.

Plans and design for the pavement rehabilitation will be comparable to recent previous plans (CIP 301-702 & 703).

The City sets aside $1.5M per year for street resurfacing. This project will include $1.5M in paving and up to an additional $300,000 in park pathway restoration. From evaluating pavement condition, to selecting resurfacing and rehabilitation solutions, to implementing the criteria for design, we will consult Caltrans guidelines and standards.

In order to identify appropriate street resurfacing measures, BKF will review the City’s available Pavement Management Plan to identify areas for improvement. Typically, many street segments could be crack and slurry sealed for acceptable service and longevity. However, to meet higher expectations, grind and overlays may be desired. Grind and overlay will be better implement ed on the more heavily travelled street sections and sections that may have utility trench patches. These areas may be more critically identified in order to further stretch the budget and improve overall PCI. If any streets indicate base failures, they would require dig-outs which can marked prior to work and included on the plans. We can include optional geotechnical borings to further evaluate locations of questionable pavement integrity and provide recommendations for specific pavement repair design.

Accompanying pavement resurfacing are adjustments o f traffic striping, pavement markings, and utilities to grade.

The City shall provide design considerations to incorporate enhanced traffic striping for pedestrians, bicycle facilities, and lane width adjustments. BKF will coordinate with the City if bike lanes are necessary for street sections identified for repair prior to enhancement design. This is an opportune time to connect with the bicycle and pedestrian groups and committees.

With certain pavement rehabilitation projects, curb ramp and crosswalk accessibility compliance are re quired. The project will assess curb ramps within the project limits and upgrade to meet accessibility requirement s if necessary. Curb ramps adjacent to pavement replacem ent, grind/overlay, dig-outs, and slurry seal operations shall be considered. Design of ADA curb ramps shall be in accordance with current Caltrans standards. The nu mber of ramps to be designed shall be determined during the Roadway Assessment phase, keeping into account tha t curb ramp replacement contributes to the MRP 3.0 threshold. While detailed design of curb ramps is often desired, for this project we assume detailed survey will generally not be available or required, therefore no detailed design will be provided, and a field-fit of standard details will be appropriate. Direction to the contractor will be based on standards and performance specifications. At the northernmost driveway at Beach Park Elementary School on Shell Blvd, the City has requested detailed survey for grade corrections along the sidewalk and in the roadway where ponding occurs on the pavement surface based on City-provided videos. It is assumed no detailed evaluation and no design of other accessibility compliance measures along the corridor are included in this project. However, we will provide a high-level discussion of potential improvements to improve accessibility along each corridor for consideration of potential future projects.

EXHIBIT A

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II. SCOPE OF SERVICES
TASK 1: PROJECT MANAGEMENT
This task includes project monitoring and administr ation, attendance in project meetings, project coor dination, defining and tracking tasks, preparation of progres s schedules and quality assurance/quality control ( QA/QC) activities.
• Project Management – BKF will provide general pro ject management, prepare a detailed schedule and updates showing planned milestones and deliverables to be a chieved for completion of the project. BKF will als o track the budget and issue monthly invoices.
• Progress Meetings – We will schedule regular proj ect development meetings over the phone to discuss the status of the project, upcoming efforts, issues and other relevant information. BKF plans on schedulin g/ attending up to two (2) virtual meetings for a proje ct kick-off and review after submittal. We assumed up to 1- hour for each meeting.
• QA/QC – BKF will perform QA/QC checks for each su bmittal in accordance with BKF’s Quality Manual pri or to submitting to the City.

Deliverables: Schedule Updates, Invoices, and Email of Meeting Minutes and Action Items TASK 2: ROADWAY ASSESSMENT
BKF will review the City’s Pavement Management Plan to determine the limits of improvements and recommended methods for improving PCI including:

• Crack and Slurry Seal
• Grind and Overlay
• Dig-outs
• Root Barriers
• Curb Ramp replacement
• Striping improvements

In reviewing the roadways and paths suitable for re habilitation, BKF will consider and discuss the fol lowing parameters in evaluating the improvement limits:

• Overall benefit to PCI
• Anticipated budget constraints
• Required supporting infrastructure improvements suc h as curb ramps, and crosswalks • Opportunities or requirements to implement Green Infrastructure • Overall budget impacts of the identified improvements

Deliverables: Assessment Report and Exhibits, MRP Compliance Docu mentation, Project budget review.

TASK 3: PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
BKF will prepare a Schematic Plan based on the Asse ssment Report for general concurrence. After the Sc hematic Plan BKF will design and prepare plans, specificati ons, and cost estimates for the 50% and 90% level o f design for City review and comment. Final bid documents will i ncorporate all comments from previous reviews and accommodate any minor comments the City has after t he 90% comments have been incorporated.

Traffic Control Plans will be provided at the 50%, 90% and Final Plans for the intersection at East Hillsdale Boulevard and Metro Center.

The plans will be drawn using AutoCAD and plotted a t appropriate scales on City standard titleblock. E lectronic AutoCAD files being submitted will be compatible with AutoCAD Civil 3D 2018 and newer.

EXHIBIT A

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Technical specifications will be written in CSI Mas terFormat 1995 edition consistent with the City of Foster City standard contract book. Specification language and requirements will be consistent with Caltrans stand ard specifications, latest edition. The City will provide standard “front-end” specifications for revisions by BKF for project specific applications.

Schedule of bid items will address typical items of work. Provisions for alternate items may also be i ncluded as needed to keep the project within budget as directed by the City.

A cost estimate will be prepared in the format of the schedule of bid items.

Coordination with other agencies such as PG&E, EMID, AT&T, Comcast, etc. will include notifying the utility provider of the project and providing a project street list to allow coordination and needed repairs prior to t he start of this project.

Evaluation, design, and inclusion of Green Infrastr ucture opportunities will continue to develop but a t high level.

BKF will review site constraints in the field, basi c geometry, and existing storm drain infrastructure to determine if GI may be generally feasible and reasonable for new projects.

Deliverables: Schematic Plan, 50% and 90% PS&E submittals, related responses to comments documentation, Final Bid documents stamped and signed by BKF, Final engineering cost estimate.

TASK 4: FINAL BID PHASE AND BID PHASE SUPPORT
BKF will attend the pre-bid meeting and respond to questions concerning the plans, specifications, and estimates prior to bid opening and prepare contract addenda if needed.

Deliverables: Contract addenda as required, answers to bid questions.

TASK 5: DESIGN SUPPORT DURING CONSTRUCTION
BKF will attend the pre-construction meeting to res pond to questions concerning the plans, specificati ons, and estimates and be available to be called to the site in response to questions arising from the progress of work.

During construction, BKF will respond to Requests for Information (RFIs), prepare modifications or revisions that are related to the project’s original scope, and review contractor submittals. Time can be allocated from this budget item for site visits and in-person coordination with the contractor as necessary.

BKF will participate in the final site walk through the constructed project and prepare a “punch list” of needed work to finish the project.

After the contractor provides BKF with as-built inf ormation, BKF will provide Record Drawings to the C ity following completion of construction.

Deliverables: Submittal reviews, RFI responses, site visits, Cont ract Change Orders if necessary, and Record Drawings.

III. SCOPE ASSUMPTIONS
The scope above is developed based on the following Assumptions. In the event that the final project requirements differ from such assumptions, our services, schedule and compensation shall be adjusted accordingly.

1. Basemap for the plans is assumed to be GIS and Google Earth based and assumes no street grades will be significantly revised.

2. Additional detailed topographic survey will not be provided or required beyond the location specifical ly noted above in the project description. As such, detailed design of curb ramps will not be required. If a greater level of detail is needed, an additional service can be provided.

EXHIBIT A

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3. Landscape and irrigation designs are not included in this scope. They can be added to the scope as an amendment or reallocation of budget after the Roadway Assessment phase.

4. Storm drainage design is not included.

5. Plans, specs, and estimate will be of a similar detail and development to the abovementioned CIP 301-702 and 703 which were provided for reference.

6. Overall project limits may be dictated by available budget. If additional plan sheets and site visits are needed to expand the project limits, this would be considered an additional service.

7. City Specific Areas Identified:
a. The northernmost driveway at Beach Park Elementary School on Shell Blvd including detailed survey, grading, and surface drainage considerations.
b. East Hillsdale Blvd and Metro Center Shopping Mall Entrance intersection for paver repair throughout the intersection. Phased traffic control plans are required for this work.

IV. ESTIMATED PROJECT SCHEDULE
While an approximate schedule is provided below, BKF is open to discussing submittal timing and City review periods to tailor the schedule to availability of City staff.

Authorization to Proceed: October 2023
Roadway Assessment: 4 weeks
PS&E 50% and comments: 6 weeks
PS&E 90% and comments: 5 weeks
PS&E Final, minor comments, bid docs: 4 weeks
Construction: Q2/Q3 2024

EXHIBIT A

END OF EXHIBIT A

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V. COMPENSATION
BKF proposes to complete the scope of work outlined for a fee, based on time and material, not to exceed $144,868.

Because the project scope is not entirely defined yet, the fee is approximately 8% of the overall $1,800,000 budget allocation for the Street Rehabilitation and Park Pathway Restoration Project Listed below is the brea kdown of fees for each subtask. The City should anticipate a budget review and real location if necessary after Task 2 Roadway Assessment is complete as changes to the scope may require budgets to be shifted to fit the project scope.

Table 1: Fee Estimate for Street Rehabilitation and Park Pathway Restoration Project Task BKF Labor Sub-
Consultant Total
Task Description
Principal-
In-Charge
Project
Manager
Project
Engineer/
Surveyor
Survey
Crew
2-person
Callander
Associates
(Budget)
Total Fee
$288/hr $247/hr $186/hr $348/hr

1. Project Management 2 24 4 $7,248

2. Roadway Assessment
2A Engineering 2 24 18 $9,852
2B Topographic Survey 8 16 $7,056
2C Landscape Support $10,000 $10,000
3 Plans, Specs, Estimate
3A Schematic 4 32 48 $17,984
3B 50% 8 80 128 $45,872
3C 90% 6 28 56 $19,060
3D Final 2 16 24 $8,992

4. Bid Phase and Support 2 12 12 $5,772

5. Construction Support 4 24 32 $13,032
Total 30 240 330 16 $144,868

These figures are based on January 1, 2023, to Dece mber 31, 2023, billing rates and shall not be escal ated. Rate escalation will be in general conformance with the cost of living index for the San Francisco Bay Area. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer del iverable plots. Reimbursable expenses will be billed on a co st plus 10-percent markup basis and will be billed to the overall budget of the project. We will notify you in advanc e of work on issues that are outside the scope of w ork, thus not covered by this agreement. For tasks requested by the District not defined in this Scope of Services, BKF will identify them as potential Additional Services. We can provi de a scope and fee for these items or they may be t racked separately as Additional Services and billed on a time and materials per our attached rate schedule.

Thank you for the opportunity to present this propo sal. We look forward to assisting you on this proje ct. Please contact me at 650-482-6434 if you have any questions regarding our scope of services.

Respectfully,
BKF Engineers

Jason Yee, P.E.

Project Manager

EXHIBIT B

6.5 Attachment 2 - Task Order

45 BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2023

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal $288.00
Senior Associate Principal $268.00
Associate Principal $260.00
Senior Project Manager | Senior Technical Manager $253.00 Project Manager | Technical Manager $247.00
Engineering Manager | Surveying Manager | Planning Manager $228.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $212.00 Project Engineer | Project Surveyor | Project Planner $186.00 Design Engineer | Staff Surveyor | Staff Planner $162.00 BIM Specialist I, II, III $162.00 - $186.00 - $212.00
Technician I, II, III, IV $154.00 - $164.00 - $180.00 - $194.00 Drafter I, II, III, IV $121.00 - $133.00 - $143.00 - $159.00 Engineering Assistant | Surveying Assistant | Planning Assistant $101.00

FIELD SURVEYING
Survey Party Chief $212.00
Instrument Person $182.00
Survey Chainperson $136.00
Utility Locator I, II, III, IV $110.00 - $156.00 - $187.00 - $213.00 Apprentice I, II, III, IV $83.00 - $112.00 - $124.00 - $132.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $277.00
Senior Construction Administrator $241.00
Resident Engineer $179.00
Field Engineer I, II, III $162.00 - $186.00 - $212.00

FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $198.00
Funding Strategies Manager $181.00
Funding/Research Analyst I, II, III, IV $124.00 - $144.00 - $153.00 - $168.00

PROJECT ADMINISTRATION
Project Coordinator $135.00
Senior Project Assistant $117.00
Project Assistant $103.00
Clerical | Administrative Assistant $87.00
Expert witness rates are available upon request.

Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS

EXHIBIT B

END OF EXHIBIT B

6.5 Attachment 2 - Task Order

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DATE: November 6, 2023

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

FROM: Andrew Brozyna, Public Works Director
‘Andra Lorenz, Principal Management Analyst
DEPARTMENT: Public Works
SUBJECT: SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS TO THE

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) FOR ALL GRANT PROGRAMS AND

AUTHORIZING THE APPROPRIATION OF FUNDS RECEIVED
FROM FY 2022-2023 SB 1383 LOCAL ASSISTANCE GRANT TO
ACCOUNT NO. 141-0910-431-425

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

1. Authorizing the submittal of individual grant applications to CalRecycle for all grant programs for which the City of Foster City is eligible and authorizing the City Manager or his designee to execute all grant documents, including but not limited to applications, grant agreements, amendments and requests for payments, for a period of five years;

2. Authorizing the appropriation of funds received from FY 2022-2023 SB 1383 Local Assistance Grants to Account No. 141-0910-431-4251; and

3. Finding Approval of the Resolutions exempt under the California Environmental Quality Act (CEQA) Guidelines § 15061(b)(3)).

EXECUTIVE SUMMARY
Public Resources Code sections 48000 et seq. authorize CalRecycle to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts

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to reduce, recycle and reuse solid waste generated in the State. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

Approving the first attached resolution will authorize staff to submit applications to CalRecycle and the City Manager to execute grant documents, including applications, agreements, amendments, and requests for payment for all grants for which the City of Foster City is eligible. These authorizations will remain in effect for five years. This resolution will be submitted with all CalRecycle grant applications during this term.

Approving the second attached resolution will authorize the appropriation of funds received through the currently open SB 1383 Local Assistance Grant. This grant amount has been announced to be at least $75,000 for agencies the size of Foster City and are anticipated to be received from the program in April 2024.

BACKGROUND
Passed in September 2016, SB 1383 established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. It includes statewide goals to reduce the disposal of organic waste and recover edible food for human consumption.

Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. In furtherance of this authority, CalRecycle establishes procedures governing the application, awarding, and management of the grants.

In January 2022, CalRecycle offered its first round (Fiscal Year 2021-2022) SB 1383 Local Assistance Grant Program funding. These were non-competitive grants based upon population. Foster City applied for and received $47,314 which is currently being used to fund Foster City’s participation in a County-wide collaboration with the San Mateo Resource Conservation District in an effort to build in-County demand for compost in the agriculture sector as well as purchasing and distributing compost in pursuit of the City’s target compost procurement requirement of 2,526 tons annually as defined in SB 1383.

ANALYSIS

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CalRecycle grant application procedures require, among other things, the applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

Approving the first attached resolution authorizing the submittal of applications to CalRecycle and authorizing the City Manager to execute grant documents in the name of Foster City will streamline the grant application process for the SB 1383 Local Assistance Grant program that is currently open as well as for any other grant opportunities that become available for the next five years. This resolution will become part of the submittal for all grants during the authorization period.

The FY 2022-2023 SB 1383 Local Assistance Grant Program application period is currently open for a minimum grant amount of $75,000 for agencies the size of Foster City. Approving the second attached resolution will appropriate funding that is received from the FY 2022-2023 SB 1383 Local Assistance Grant Program, which is anticipated to be received in April 2024. Foster City has already met all of other conditions of the SB 1383 Local Assistance Grant program. Appropriating the funding will allow for expenditures to be made during FY 2023-2024 with remaining funding to be appropriated for expenditure in FY 2024-2025 and FY 2025-2026 as part of the regular budget process.

CEQA
The current grant will be used for the procurement and distribution of compost. The City does not know for certain how grant funds may be used over the five-year period, but anticipates that the majority of funds will be expended for the procurement and distribution of compost. All purchases used with grant funds will be individually analyzed to ensure compliance with CEQA.

FISCAL IMPACT
Approving the first attached resolution will allow the City to apply for funding from the State of California for mandated and voluntary solid waste prevention and reduction programs anticipated over the five-year authorization term. CalRecycle has periodic grant opportunities that are designed to help agencies meet their solid waste program mandates.

The FY 2022-2023 SB 1383 Local Assistance Grant application period is currently open. It consists of non-competitive funding of $75,000 for cities with Foster City’s population. Approving the second attached resolution will appropriate all funding received from the FY 2022-2023 SB 1383 Local Assistance Grant Program to Account No. 141-0910-431-4251, which will allow expenditure of the funds in the current fiscal year for the identified purposes.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
Facilities and Infrastructure
Innovation and Sustainability
ATTACHMENTS:

Attachment 1 - Resolution (Authorizing Grant Applications) Attachment 2 - Resolution (Appropriation of Funds)

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50 RESOLUTION NO. ___________

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

AUTHORIZING THE APPROPRIATION OF ALL FUNDING RECEIVED FROM THE FY 2022-2023 LOCAL ASSISTANCE GRANT PROGRAM TO ACCOUNT NUMBER 141- 0910-431-42.51; AND FINDING APPROVAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES § 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the application period is currently open for the non-competitive FY 2022-2023 SB 1383 Local Assistance Grant, with a minimum award of $75,000; and WHEREAS, the City Council has authorized the submittal of applications to the Department of Resources Recycling and Recovery (CalRecycle) for all grants for which the City of Foster City is eligible; and
WHEREAS, the FY 2022-2023 SB 1383 Local Assistance Grant is anticipated to be disbursed in April 2024; and
WHEREAS, appropriation of the funding is required in order to allow for expenditure in FY 2023-2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the appropriation of all funding received from the FY 2022- 2023 Local Assistance Grant Program to account number 141-0910-431-42.51; and BE IT FURTHER RESOLVED that this action is exempt under the California Environmental Quality Act (CEQA) Guidelines § 15061(b)(3)).

6.6 Attachment 1 - Resolution (Authorizing Grant Applications)

51 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution (Authorizing Grant Applications)

52 RESOLUTION NO. ___________

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

AUTHORIZING THE SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS TO THE

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)

FOR ALL GRANT PROGRAMS FOR WHICH CITY OF FOSTER CITY IS ELIGIBLE AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT

DOCUMENTS, INCLUDING BUT NOT LIMITED TO, APPLICATIONS, GRANT

AGREEMENTS, AMENDMENTS AND REQUESTS FOR PAYMENTS FOR A PERIOD OF FIVE YEARS; AND FINDING APPROVAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES § 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, Public Resources Code sections 48000 et seq. authorize CalRecycle to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the submittal of applications to CalRecycle for all grants for which the City of Foster City is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Foster City all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption; and
BE IT FURTHER RESOLVED that this action is exempt under the California Environmental Quality Act (CEQA) Guidelines § 15061(b)(3)).

6.6 Attachment 2 - Resolution (Appropriation of Funds)

53 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 2 - Resolution (Appropriation of Funds)

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DATE: November 6, 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/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works Department
SUBJECT: AWARD OF CONSTRUCTION SERVICES AGREEMENT WITH
MANITO CONSTRUCTION, INC. IN THE AMOUNT OF $4,353,252

FOR THE WATER TANKS AND FACILITIES IMPROVEMENT
PROJECT (CIP 405-660) AND THE SEISMIC IMPROVEMENTS
AT THE LAGOON PUMP STATION PROJECT (CIP 301-690);
EXECUTE CONTRACT AMENDMENT NO. 4 WITH CONSOR
NORTH AMERICA, INC. IN THE AMOUNT OF $121,270 FOR CIP
405-660; APPROPRIATE $100,000 FROM THE WATER
CONNECTION FEES FUND 409 TO THE PROJECT BUDGET
ACCOUNT 405-0910-660-4251; AND SUBSTITUTION OF $1
MILLION DOLLARS IN PROJECT FUNDING FOR CIP 405-660,
FROM FUND 405, WITH FUNDING FROM FUND 409

RECOMMENDATION
It is recommended that the City Council of the City of Foster City and the Board of Directors of the Estero Municipal Improvement District (EMID), adopt the attached resolutions (Attachments 1 & 2 respectively) authorizing:

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1. The Mayor/President to execute a construction services agreement with Manito Construction, Inc. in the amount of $4,353,252 for the construction of the Water Tanks and Facilities Improvement Project (CIP 405-660) ($4,270,502), and the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690) ($82,750) (Attachment 3); and

2. The establishment of a construction contingency for the Water Tanks and Facilities Improvement Project (CIP 405-660), in the amount of $640,000 with authorization given to the City/District Manager or his designee to execute contract change orders up to the contingency amount; and

3. The establishment of a construction contingency for the Lagoon Pump Station Project (CIP 301-690) in the amount of $13,000 with authorization given to the City/District Manager or his designee to execute contract change orders up to the contingency amount; and

4. The Mayor/President to execute Contract Amendment No. 4 (CA #4) to the professional services agreement with Consor North America, Inc. (formerly Murray Smith Inc.) in the amount of $121,270 for construction support and closeout services in connection with the Water Tanks and Facilities Improvement Project (CIP 405-660) (Attachment 4); and

5. The establishment of a contract contingency in the amount of $40,000 for the professional services agreement with Consor North America, Inc. for CIP 405- 660, with authorization given to the District Manager or his designee to execute contract amendments up to the contingency amount; and

6. The transfer and appropriation of $100,000 from Fund 409, Water Connection Fees, to the Water Tanks and Facilities Improvement Project Account 405-0910- 660-4251; and

7. The substitution of $1 million dollars in project funding for CIP 405-660, from the Water CIP- Fund 405, with funding derived from Water Connection Fees - Fund 409.

EXECUTIVE SUMMARY
CIPs 405-660 & 301-690 are comprised of five (5) projects previously identified in the approved Capital Improvement Project (CIP) budgets which were combined into one project package. The project includes various needed maintenance and improvements on EMID’s water storage tanks, water booster pump station, and the City’s lagoon pump house located at the City and District’s Corporation Yard.

Two (2) bids were received and opened on Tuesday, October 3, 2023. After reviewing the bids, the bid submitted by Manito Construction, Inc. in the amount of $4,353,252 was determined to be the lowest responsible and responsive bid. The bid for the work

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on the water tanks and water booster pump station under CIP 405-660, accounts for $4,270,502 of the construction contract, while the bid for the work for the Lagoon Pump House under CIP 301-690 accounts for $82,750 of the construction contract. Total funding of approximately $5 million is available in the approved budget for CIP 405-660.

A budget appropriation of $100,000 is requested to fully fund construction for CIP 405- 660. Total funding of approximately $460,000, is available in the approved budget for CIP 301-690, sufficient to fully fund the project through construction. To maximize the use of funds collected through Water Connection Fees, it is further recommended to substitute $1 million dollars in current funding for the project from the Water CIP Program, with $1 million dollars in funding derived from Water Connection Fees, an eligible use of these funds.

As the design of the project progressed, the role of Consor has expanded and therefore scope of needed construction support services for CIP 405-660 has expanded beyond what was originally identified when the project was developed in 2019. CA #4, in the amount of $121,270, will provide the budget for the needed construction and closeout services for the expanded role of Consor. Construction is anticipated to begin in January and to be completed by spring of 2025.

BACKGROUND
CIP 405-660 is comprised of the following four (4) projects that were previously identified in the capital improvement project budgets: (a) 405-660 Remove and Recoat Water Tanks 1, 2, and 3 (2016-2017); (b) 405-670 Water Quality Dosing and Tank Improvements (2017-2018); (c) 405-687 Seismic Improvements at Water Booster Pump Station (2019-2020); and (d) 405-688 Seismic Improvements at Water Tanks 1, 2, and 3 (2019-2020).

On August 5, 2019, the EMID Board adopted Resolution No. 3490, which included authorizing: (1) the award of a consultant agreement with MurraySmith (dba Consor North America, Inc.) in the amount of $393,013 to provide design and construction support for the former CIPs 405-660, 405-670, and 405-688; (2) combining three projects into a single project; and (3) renaming the single project: CIP 405-660 Water Tank Improvements Project.

On April 20, 2020, the EMID Board adopted Resolution No. 3508, which included authorizing: (1) the award of Contract Amendment No. 1 with Consor in the amount of $57,912 to include the design and construction support for CIP 405-687; (2) combining former CIPs 405-687 and 405-660 into a single project; and (c) renaming the single project: CIP 405-660 Water Tanks and Facilities Improvements Project.

On April 20, 2020, City Council adopted Resolution No. 2020-35 authorizing the award of contract in the amount of $88,075 for CIP 301-690 Seismic Improvements at the Lagoon Pump Station Project to Consor.

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Due to the work of the two projects having some overlap in type of work and sharing the same location, the projects were designed and packaged together as one in order to take advantage of economies of scale.

On September 28, 2020, the Council/Board accepted by Minute Order, the Report/Memo outlining project’s repair design recommendations for the overall Project.

In early 2021, the project was put on hold, while the Engineering Division worked on filling a number of staffing vacancies. The project was subsequently restarted in 2023.

At its July 17, 2023, City Council/Board meeting, the City Council adopted Resolution No. 2023-79 and the EMID Board adopted Resolution No. 3738 authorizing the Call for Bids for the subject project. The project bid period ran for a little over two months, from July 26 to October 3, 2023, to provide contractors time to assemble the multi-disciplinary team that is needed to deliver this project. The mandatory project bid walk occurred August 31, 2023, with 20 persons in attendance. The project was widely solicited with 18 contractors pulling plans from BarkerBlue and likely many more receiving them from various plan rooms.

ANALYSIS
Bid Analysis
Bids for this project were opened on Tuesday, October 3, 2023, at 2:00 PM, with the following results.

Over/(Under) Over/(Under)
Name of Company Amount
Engineer’s
Estimate
Engineer’s
Estimate
Manito Construction,
Inc.
$4,353,252 ($846,748) -16%
Engineer’s Estimate $5,200,000 -- --
Disney Construction,
Inc. $5,619,542 $419,542 8%
The apparent lowest responsible and responsive bid, in the amount of $4,353,252, was submitted by Manito Construction, Inc. As shown in the table above the low bid came in 16% under the engineer’s estimate. Manito Construction, Inc. has provided all the required documents and licenses. Staff is therefore recommending award to Manito Construction, Inc (Attachment 3).

Consor Contract Amendment No. 4
Since Consor North America, Inc. was hired in 2019, the original project and Consor’s role during construction has changed. Not only were the original scope and fees in

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2019 dollars but also estimated hours were based off the project understanding at that time. Originally, Consor’s scoped construction services included limited on-site assistance and oversight. Due to the complexity of the project, and available staff resources, it was determined essential for Consor to have a greater presence and be on-site to assist staff with the construction oversight role. Since the role requires services that are beyond the original scope of work, a contract amendment has been negotiated and is included as Attachment 4.

This contract amendment will cover:
•Increased estimated site visits and meetings hours (five meetings to thirty-nine meetings) to cover weekly progress meeting with the construction contractor based on the estimated construction duration.
•Increased estimated required specialty inspections and material testing to cover construction scope of project including tank coating, welding, compaction, concrete, and post installed anchors per project specifications. •Added scope for inspection and site visits from design subconsultants for electrical and structural disciplines for various project elements that require their oversight where there was originally none.
•Added oversight of scheduling (monthly), third party report review and processing of coating and welding inspections, and preparing and attending pre- installation meeting, per technical specs.
•Increased estimated hours to be spent on submittals, RFIs, and change orders based on the final plans and specifications.
•Increased estimated hours for final inspection and for creation and coordination of the final punchlist.
•Added project management scope to oversee project controls (coordination, invoicing, bill tracking, etc.) where none existed before. •Added scope to review certified payroll and ensure labor compliance per California law.
•Increased hourly rates from 2019 to 2023 rates.

Contract Amendment No. 4 for $121,270 brings the total for the agreement with Consor North America, Inc. to $798,686. This is approximately 18% of the construction costs.

Generally, design and construction support total to roughly 20% of the construction costs. The agreement with Consor, is a time and materials not to exceed contract. This means the City/District is billed at agreed upon hourly rates up to a maximum cost. This also means the City/District is billed based on actual effort rather than a preset amount.

If effort is not needed or used, any remaining budget will be returned to the originating fund. Ultimately, this contract amendment increases the overall projected time spent on the project to match the project construction duration and the needed role as it stands today compared to how it stood in 2019 before plans and specifications were finished.

Schedule

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After awarding the construction contract and before the start of construction, the contractor shall provide all the necessary paperwork and meet with the City for a preconstruction meeting. The contractor will have 400 calendar days to complete the project. Construction is anticipated to start in January 2024. Project management, inspections, and construction support will be performed by staff and Consor North America, Inc.

CEQA
Categorically Exempt pursuant to Section 15301(b) – Existing Facilities.

FISCAL IMPACT
Below is the project funding history for the Water Tanks & Facilities Improvement Project (CIP 405-660):

Project Budget Item Funding
2016/17 – Recoat Tanks Project Initiation (CIP 405-660) $ 50,000 2017/18 – Water Quality Dosing & Tank Improvements
(CIP 405-670)
$ 250,000
2018/19 – Recoat Tanks Project (CIP 405-660) $ 2,500,000 2019/20 – Seismic Improvements at Water Tanks 1, 2, & 3 (CIP 405-688)
$ 300,000
2019/20 – Seismic Improvements at Water Booster Pump
Station
(CIP 405-687)
$ 100,000
2021/22 – Budget $ 900,000
2022/23 – Budget $ 1,600,000
Total $ 5,700,000
Below is the project funding history for the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690):

Project Budget Item Funding
2019/20 – Budget (CIP 301-690) $ 150,000
2020/21 – Budget (CIP 301-690) $ 250,000
2022/23 – Budget (CIP 301-690) $ 150,000
Total $ 550,000

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Below is the proposed projected use of funds for both projects.

Item CIP 660 CIP 690
Approved Project Budget $ 5,700,000 $ 550,000 Anticipated Expenditures
Professional Services Agreement $ 798,686 $ 95,128 Professional Design Services --
Contingency $ 40,000 $ 5,000 Construction Bid $ 4,270,502 $ 82,750 Construction Contingency (15%) $ 640,000 $ 13,000 Misc (programmer, printing,
advertising, CEQA filing, etc.) $ 50,000 $ 3,000 Total Anticipated Expenditures $ 5,797,966 $ 198,878 Budget Shortfall $ 97,966 $ 0 Additional Project Budget Request $ 100,000 $ 0 The lowest responsible bid for the combined project was $4,353,252, 16% below the engineer’s estimate. The project is expected to have various miscellaneous expenses, such as bid advertising, small material purchase, and procuring an application programmer that are accounted for above. A 15% construction contingency is requested for unforeseen conditions as this project includes some underground work and work that cannot be fully quantified until destructive work has begun. Expenditures will be tracked for each project separately. Any remaining funds in the project budgets after completion of the project will be returned to the respective originating funds.

CIP 405-660 Budget Increase Analysis
Based on the bids, an appropriation of $100,000 is requested to fully fund the project.

New development connecting to the City of Foster City’s water and sewer systems is charged a one-time connection fee at the time of connection. The connection fee is based on the reasonable cost of capacity per service connection. Approximately $1.2 million dollars in funds from water connection fees is available in Fund 409. Connection fees may be used to expand the capacity of the system serving its customers including projects that extend the useful life of existing critical infrastructure. A new coating and lining for District’s water storage tanks will further protect them from premature degradation, and the retrofits to the tanks and booster pump station building will make the structures more seismically resilient extending their useful lives and the safety of the District’s water system. It is recommended that the City Council/District Board appropriate $100,000 from Fund 409, Water Connection Fees to the Water Tanks and Facilities Improvement Project budget (CIP 405-660). The appropriation would bring the total project funding to $5,800,000.

It further recommended to substitute $1 million from the current funding in the project budget with funding derived from water connection fees. The deallocation of $1 million

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dollars from Fund 405, and allocation of $1 million dollars from Fund 409 would be a prudent and appropriate use of the water connection fees and would provide some relief to the Water CIP Fund, funded by the ratepayers.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Construction Services Agreement with Manito Construction, Inc.

Attachment 4 – Contract Amendment No. 4 to Agreement with Consor North America, Inc.

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8 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING A CONSTRUCTION SERVICES AGREEMENT FOR CIP 405-660 WATER TANKS & FACILITIES IMPROVEMENT PROJECT AND CIP 301-690 SEISMIC

IMPROVEMENTS AT THE LAGOON PUMP STATION WITH MANITO
CONSTRUCTION INC IN THE AMOUNT OF $4,353,252; ESTABLISHING CONSTRUCTION CONTINGENCIES FOR CIP 405-660 AND CIP 301-690 IN THE AMOUNTS OF $640,000 AND $13,000 RESPECTIVELY; AUTHORIZING EXECUTION OF CONTRACT AMENDMENT NO. 4 WITH CONSOR, INC. IN THE AMOUNT OF $121,270 FOR CONSTRUCTION SUPPORT SERVICES FOR CIP 405-660; ESTABLISHING A CONTRACT CONTINGENCY IN THE AMOUNT OF $40,000 FOR CIP 405-660 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH CONSOR INC.; APPROPRIATION OF $100,000 FROM FUND 409 TO CIP 405-660; SUBSTITUTION OF $1 MILLION DOLLARS IN PROJECT FUNDING FROM FUND 405, WITH FUNDING FROM FUND 409; AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

CITY OF FOSTER CITY
WHERAS, CIP 405-660 Water Tanks and Facilities Improvement Project addresses the needed maintenance and improvements for the water storage tanks and water booster pump station; and
WHEREAS, CIP 301-690 Seismic Improvements at the Lagoon Pump Station Project addresses needed structural and seismic improvements for the lagoon pump station; and
WHEREAS, CIP 405-660 and CIP 301-690 were designed and bid as one construction package to be tracked and paid separately; and WHEREAS, on August 5, 2019, the EMID Board of Directors adopted Resolution No. 3490 awarding a consultant agreement for professional engineering services to MurraySmith (dba Consor Inc.) for the Water Tanks and Facilities Improvement Project (CIP 405-660); and
WHEREAS, on April 20, 2020, the City Council adopted Resolution No. 2020-35 awarding a consultant agreement for professional engineering services to MurraySmith (dba Consor Inc.) for the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690); and
WHEREAS, on July 17, 2023, the City Council/Board adopted Resolution No. 2023-79 and Resolution No. 3738 approving the plans and specifications, and authorizing the Call for Bids for CIP 405-660 and CIP 301-690; and

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8 WHEREAS, on October 3, 2023, Staff received and opened two bids from construction contractors; and
WHEREAS, Manito Construction, Inc. has provided the lowest responsive and responsible bid in the amount of $4,353,252; and
WHEREAS, the portion of the bid attributed to CIP 405-660 is $4,270,502 and the portion of the bid attributed to CIP 301-690 is $82,750; and WHEREAS, a project contingency in the amount of $640,000 for CIP 405-660 and in the amount $13,000 for CIP 301-690 will enable expedient resolution of changes resulting from unforeseen conditions during construction; and WHEREAS, CIP 301-690 has adequate funding to fully fund construction; and WHEREAS, an appropriation in the amount of $100,000 from Fund 409 is requested to fully fund construction for CIP 405-660; and WHEREAS, the authorization of Contract Amendment No. four (4) in the amount of $121,270, to the professional services agreement with Consor, Inc. for CIP 405-660, will provide for the increased construction support services effort that will be required to support the delivery of the project through construction; and WHEREAS, the fees for Contract Amendment No. four (4) are fair and reasonable for the level of effort for the scope of services involved; and WHEREAS, the contract contingency amount of $40,000 to the professional services agreement with Consor Inc. will provide for any necessary amendments to the agreement for construction support or post-construction activities; and WHEREAS, Fund 409 Water Connection Fees is restricted for use for projects that add to or prolong the life of the water system, making CIP 405-660 eligible to use this funding source; and
WHEREAS, approximately $1.2 million is available in the water connection fees fund 409; and
WHEREAS, substitution of $1 million dollars in existing project funding for CIP 405- 660 from the Water CIP Fund 405, with funding derived from the Water Connection Fees Fund 409, would provide some relief to Fund 405, funded by ratepayers; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

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

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8 1. The Mayor to execute a construction services agreement, dated November 6, 2023, with Manito Construction, Inc. in the amount of $4,353,252 for the construction of the Water Tanks and Facilities Improvement Project (CIP 405- 660) ($4,270,502), and the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690) ($82,750); and

2. The establishment of a construction contingency for the Water Tanks and Facilities Improvement Project (CIP 405-660) in the amount of $640,000 with authorization given to the City Manager or his designee to execute contract change orders up to the contingency amount; and

3. The establishment of a contingency for the Lagoon Pump Station Project (CIP 301-690) in the amount of $13,000 with authorization given to the City Manager or his designee to execute contract change orders up to the contingency amount; and

4. The Mayor to execute Contract Amendment No. 4, dated November 6, 2023, to the professional services agreement with Consor Inc. (formerly MurraySmith) in the amount of $121,270. for construction support and closeout services in connection with the Water Tanks and Facilities Improvement Project (CIP 405- 660); and

5. The establishment of a contract contingency in the amount of $40,000 for the professional services agreement with Consor Inc. for CIP 405-660, with authorization given to the City Manager or his designee to execute contract amendments up to the contingency amount; and

6. The transfer and appropriation of $100,000 from Fund 409, Water Connection Fee, to the Water Tanks and Facilities Improvement Project account 405-0910- 660-4251; and

7. The substitution of $1 million dollars in project funding for CIP 405-660, from Fund 405, with funding from Fund 409.

6.7 Attachment 1 - City Resolution

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3 7
8 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - City Resolution

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8 Appendix A: Budget Table
Item CIP 660 CIP 690
Approved Project Budget $ 5,700,000 $ 550,000 Anticipated Expenditures
Professional Services Agreement $ 798,686 $ 95,128 Professional Design Services --
Contingency $ 40,000 $ 5,000 Construction Bid $ 4,270,502 $ 82,750 Construction Contingency (15%) $ 640,000 $ 13,000 Misc (programmer, printing,
advertising, CEQA filing, etc.) $ 50,000 $ 3,000 Total Anticipated Expenditures $ 5,797,966 $ 198,878 Budget Shortfall $ 97,966 $ 0 Additional Project Budget Request $ 100,000 $ 0

6.7 Attachment 1 - City Resolution

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9 RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING A CONSTRUCTION SERVICES
AGREEMENT FOR CIP 405-660 WATER TANKS & FACILITIES IMPROVEMENT PROJECT AND CIP 301-690 SEISMIC IMPROVEMENTS AT THE LAGOON PUMP STATION WITH MANITO CONSTRUCTION INC. IN THE AMOUNT OF $4,353,252; ESTABLISHING CONSTRUCTION CONTINGENCIES FOR CIP 405-660 AND CIP 301- 690 IN THE AMOUNTS OF $640,000 AND $13,000 RESPECTIVELY; AUTHORIZING EXECUTION OF CONTRACT AMENDMENT NO. 4 WITH CONSOR, INC. IN THE AMOUNT OF $121,270 FOR CONSTRUCTION SUPPORT SERVICES FOR CIP 405- 660; ESTABLISHING A CONTRACT CONTINGENCY IN THE AMOUNT OF $40,000 FOR CIP 405-660 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH CONSOR INC.; APPROPRIATION OF $100,000 FROM FUND 409 TO CIP 405-660; SUBSTITUTION OF $1 MILLION DOLLARS IN PROJECT FUNDING FROM FUND 405, WITH FUNDING FROM FUND 409; AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHERAS, CIP 405-660 Water Tanks and Facilities Improvement Project addresses the needed maintenance and improvements for the water storage tanks and water booster pump station; and
WHEREAS, CIP 301-690 Seismic Improvements at the Lagoon Pump Station Project addresses needed structural and seismic improvements for the lagoon pump station; and
WHEREAS, CIP 405-660 and CIP 301-690 were designed and bid as one construction package to be tracked and paid separately; and WHEREAS, on August 5, 2019, the EMID Board of Directors adopted Resolution No. 3490 awarding a consultant agreement for professional engineering services to MurraySmith (dba Consor Inc.) for the Water Tanks and Facilities Improvement Project (CIP 405-660); and
WHEREAS, on April 20, 2020, the City Council adopted Resolution No. 2020-35 awarding a consultant agreement for professional engineering services to MurraySmith (dba Consor Inc.) for the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690); and
WHEREAS, on July 17, 2023, the City Council/Board adopted Resolution No. 2023-79 and Resolution No. 3738 approving the plans and specifications, and authorizing the Call for Bids for CIP 405-660 and CIP 301-690; and

6.7 Attachment 2 - EMID Resolution

68 1
3 7
9 WHEREAS, on October 3, 2023, Staff received and opened two bids from construction contractors; and
WHEREAS, Manito Construction, Inc. has provided the lowest responsive and responsible bid in the amount of $4,353,252; and
WHEREAS, the portion of the bid attributed to CIP 405-660 is $4,270,502 and the portion of the bid attributed to CIP 301-690 is $82,750; and WHEREAS, a project contingency in the amount of $640,000 for CIP 405-660 and in the amount $13,000 for CIP 301-690 will enable expedient resolution of changes resulting from unforeseen conditions during construction; and WHEREAS, CIP 301-690 has adequate funding to fully fund construction; and WHEREAS, an appropriation in the amount of $100,000 from Fund 409 is requested to fully fund construction for CIP 405-660; and WHEREAS, the authorization of Contract Amendment No. four (4) in the amount of $121,270, to the professional services agreement with Consor, Inc. for CIP 405-660, will provide for the increased construction support services effort that will be required to support the delivery of the project through construction; and WHEREAS, the fees for Contract Amendment No. four (4) are fair and reasonable for the level of effort for the scope of services involved; and WHEREAS, the contract contingency amount of $40,000 to the professional services agreement with Consor Inc. will provide for any necessary amendments to the agreement for construction support or post-construction activities; and WHEREAS, Fund 409 Water Connection Fees is restricted for use for projects that add to or prolong the life of the water system, making CIP 405-660 eligible to use this funding source; and
WHEREAS, approximately $1.2 dollars is available in the water connection fees fund 409; and
WHEREAS, substitution of $1 million dollars in existing project funding for CIP 405- 660 from the Water CIP Fund 405, with funding derived from the Water Connection Fees Fund 409, would provide some relief to Fund 405, funded by ratepayers; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

6.7 Attachment 2 - EMID Resolution

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9 1. The President to execute a construction services agreement, dated November 6, 2023, with Manito Construction, Inc. in the amount of $4,353,252 for the construction of the Water Tanks and Facilities Improvement Project (CIP 405- 660) ($4,270,502), and the Seismic Improvements at the Lagoon Pump Station Project (CIP 301-690) ($82,750); and

2. The establishment of a construction contingency for the Water Tanks and Facilities Improvement Project (CIP 405-660) in the amount of $640,000 with authorization given to the District Manager or his designee to execute contract change orders up to the contingency amount; and

3. The establishment of a contingency for the Lagoon Pump Station Project (CIP 301-690) in the amount of $13,000 with authorization given to the City/District Manager or his designee to execute contract change orders up to the contingency amount; and

4. The President to execute Contract Amendment No. 4, dated November 6, 2023, to the professional services agreement with Consor Inc. (formerly MurraySmith) in the amount of $121,270. for construction support and closeout services in connection with the Water Tanks and Facilities Improvement Project (CIP 405- 660); and

5. The establishment of a contract contingency in the amount of $40,000 for the professional services agreement with Consor Inc. for CIP 405-660, with authorization given to the District Manager or his designee to execute contract amendments up to the contingency amount; and

6. The transfer and appropriation of $100,000 from Fund 409, Water Connection Fee, to the Water Tanks and Facilities Improvement Project account 405-0910- 660-4251; and

7. The substitution of $1 million dollars in project funding for CIP 405-660, from Fund 405, with funding from Fund 409.

6.7 Attachment 2 - EMID Resolution

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3 7
9 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 2 - EMID Resolution

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9 Appendix A: Budget Table
Item CIP 660 CIP 690
Approved Project Budget $ 5,700,000 $ 550,000 Anticipated Expenditures
Professional Services Agreement $ 798,686 $ 95,128 Professional Design Services --
Contingency $ 40,000 $ 5,000 Construction Bid $ 4,270,502 $ 82,750 Construction Contingency (15%) $ 640,000 $ 13,000 Misc (programmer, printing,
advertising, CEQA filing, etc.) $ 50,000 $ 3,000 Total Anticipated Expenditures $ 5,797,966 $ 198,878 Budget Shortfall $ 97,966 $ 0 Additional Project Budget Request $ 100,000 $ 0

6.7 Attachment 2 - EMID Resolution

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Agreement 00 5200 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

AGREEMENT
THIS AGREEMENT, dated this 6th day of November, 2023, by and between Manito Construction, Inc. whose place of business is located at 1228 Quarry Lane Suite C, Pleasanton, CA 94566 (Contractor), and CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT, a political subdivision of the State of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. adopted on the 6 th day of November, 2023 awarded to Contractor the following Contract:

WATER TANKS AND FACILITIES IMPROVEMENTS PROJECT (PROJECT NO. 405-660) SEISMIC IMPROVEMENTS AT LAGOON PUMP STATION PROJECT (PROJECT NO. 301-690) at 100 Lincoln Center Dr, Foster City, CA 94404
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum ($4,353,252) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

B. The Contract Sum includes all allowances (if any).

C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

COMMENCEMENT AND COMPLETION OF WORK

1.03 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed (Commencement Date).

B. Owner reserves the right to modify or alter the Commencement Date.

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

1.04 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 370 Calendar Days from the Commencement Date.

B. Contractor shall achieve Final Completion of the entire Work within 400 Calendar Days from the Commencement Date.

ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated Ryan Marquez as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities.

B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated Jeff Perko as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.

B. Contractor has designated the following other Key Personnel for the Project:

Name Position
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner two thousand dollars ($2,000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL

4.01 Liquidated Damage Amounts
A. See Document 00 7200 (General Conditions) Paragraph 11.07.D for liquidated damages provisions pertaining to Key Personnel.

ARTICLE 5 CONTRACT DOCUMENTS

5.01Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

Document 00 5100 Notice of Award

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7301 Supplemental General Conditions
Document 00 7316 Supplemental Conditions – Insurance and Indemnification
Document 00 7320 COVID Requirements
Document 00 7380 Apprenticeship Program and Skilled and Trained Workforce Requirements
Document 00 9113 Addenda
Drawings, Table, Schedules, and Technical Specifications listed in Document 00 0115

5.02There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 MISCELLANEOUS

6.01Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03Pursuant 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.

6.04In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.05This Project is subject to the skilled and trained workforce requirements of Public Contract Code Sections 2600 et seq. Contractor shall comply with all such requirements.

6.06Copies 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 may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to Contractor’s

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
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 of the Contract Documents.

6.07This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Foster City, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Mateo, California.

IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CITY OF FOSTER CITY/ESTERO MUNICIPAL
IMPROVEMENT DISTRICT:

By: ______________________________
Jon Froomin
Mayor / President
CONTRACTOR:

Name: ______________________________
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
ATTEST:

By: ______________________________
Priscilla Schaus
City Clerk / District Secretary
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
1099 INFORMATION:

Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:

By: ____________________________
Bejamin Stock
City/District Attorney
APPROVED AS TO ADMINISTRATION:

By: ____________________________
Stefan Chatwin
City/District Manager

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Notice to Proceed 00 5500 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 5500

NOTICE TO PROCEED
Dated: ______________________, 20__
To:
(Contractor)
Address:

CONTRACT FOR:WATER TANKS AND FACILITIES IMPROVEMENTS PROJECT

SEISMIC IMPROVEMENTS AT LAGOON PUMP STATION PROJECT
AT 100 Lincoln Centre Dr, Foster City, CA 94404
You are notified that the Contract Time under the above Contract will commence to run on _____________________________________ [20__]. On that date, you are to start performing your obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 2 of Document 00 5200 (Agreement), the dates of Substantial Completion and Final Completion for the entire Work are _____________________________,[20__] and _________________________________, [20__], respectively.

Before you may start any Work at the Site, you must:

1. Submit certified Safety Program and related information

2. Submit copies of applicable permits

3. Submit Water Pollution Control Plan
OWNER: CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: _______________________________________________
Its: _______________________________________________

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Construction Performance Bond 00 6113.13 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project DOCUMENT 00 6113.13

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated [Month, Day], 202_ is in the amount of $4,353,252 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Manito Construction, Inc. (Contractor), [Insert name of Surety] (Surety), CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT (Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:
[Insert name of Contractor] [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Agreement for the City of Foster City/Estero Municipal Improvement District, Water Tanks and Facilities Improvements Project and the Seismic Improvements at Lagoon Pump Station Project located at 100 Lincoln Centre Dr, Foster City, CA 94404, dated [Month, Day], 202_, in the amount of [ Insert Amount].

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Construction Performance Bond 00 6113.13 - 2
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

BOND TERMS AND CONDITIONS

1.Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner and the State of California for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2.If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3.If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4.When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

4.4Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Construction Performance Bond 00 6113.13 - 3
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 7 below.

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

6.If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

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

6.2Contractor’s obligations to pay liquidated damages; and

6.3To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

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

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

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

10.Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11.Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Alameda, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Construction Performance Bond 00 6113.13 - 4
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12.All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Document 00 5200 (Agreement). Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

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

14. Definitions

14.1Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

14.3Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Document 00 7200 (General Conditions).

14.4Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Escrow Agreement for Security Deposits in Lieu of Retention 00 6290 - 1 Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 6113.16

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1.01THAT WHEREAS, CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT (Owner) has awarded to (Name of Contractor)
as Principal, Contract Number dated the day of
, 202__ (the Contract), titled the , Water Tanks and Facilities Improvements Project and the Seismic Improvements at Lagoon Pump Station Project in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:

Project Number 405-660 and 301-690 to construct the Water Tanks and Facilities Improvements Project and the Seismic Improvements at Lagoon Pump Station Project located at 100 Lincoln Centre Dr, Foster City, CA 94404.

1.02AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), 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.

1.04THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its 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 Contract, 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 Section 13020 of the State of California Unemployment Insurance Code 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.

1.05This 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.

1.06Surety, 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 Contract, 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 Contract, or to the work to be performed thereunder.

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Escrow Agreement for Security Deposits in Lieu of Retention 00 6290 - 2 Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

1.07Surety’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 Contract; 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.

1.08Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Escrow Agreement for Security Deposits in Lieu of Retention 00 6290 - 3 Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 6290

ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION Public Contract Code Section 22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this day of ________________, 202_, by and between City of Foster City/Estero Municipal Improvement District (“Owner”), whose address is 610 Foster City Blvd. Foster City, CA 94044, [Name of Contractor] (“Contractor”), whose principal place of business is located at [Contractor’s Address], and Owner, as escrow agent [OR] [Name of Bank], a state or federally chartered bank in the State of California, whose place of business is located at [Address] (“Escrow Agent”).

For the consideration hereinafter set forth, Owner, Contractor and Escrow Agent agree as follows:

1. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number entered into between Owner and Contractor for the Civic Center Campus Facilities Project in the amount of $ dated , 20__ (the “Contract”). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.

2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in Paragraph 1 of this Document 00 6290.

3. When Owner makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. Such expenses and payment terms shall be determined by Owner, Contractor, and Escrow Agent.

5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to withdrawal of amount sought to be withdrawn by Contractor.

7. Owner shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.

8. Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Escrow Agreement for Security Deposits in Lieu of Retention 00 6290 - 4 Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

9. Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Document 00 6290 and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.

10. Names of persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

ON BEHALF OF OWNER: ON BEHALF OF CONTRACTOR:
____________________________________ ___________________________________ Title Title
____________________________________ ___________________________________ Name Name
____________________________________ ___________________________________ Signature Signature
____________________________________ ___________________________________ Address Address
____________________________________ ___________________________________ City/State/Zip Code City/State/Zip Code
ON BEHALF OF ESCROW AGENT:
____________________________________
Title
____________________________________
Name
____________________________________
Signature
____________________________________
Address
____________________________________
City/State/Zip Code
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above.

OWNER: CONTRACTOR

CITY OF FOSTER CITY/ESTERO

MUNICIPAL IMPROVEMENT DISTRICT
_____________________________________
________________________________ _____________________________________ Title Title
________________________________ _____________________________________ Name Name
________________________________ _____________________________________ Signature Signature

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Escrow Agreement for Security Deposits in Lieu of Retention 00 6290 - 5 Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
ATTEST
_____________________________________
Signature
_____________________________________
Print Name
Secretary

ESCROW AGENT
_____________________________________
_____________________________________
Title
_____________________________________
Print Name
_____________________________________
Signature
REVIEWED AS TO FORM:
_____________________________________
Counsel for Owner
_____________________________________
Print Name
_____________________________________
Date
At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Document 00 6290.

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Substitution Request Form 00 6325 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 6325

SUBSTITUTION REQUEST FORM
To:CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT, Owner PROJECT: CITY OF FOSTER CITY/ESTERO

MUNICIPAL IMPROVEMENT DISTRICT, WATER

TANKS AND FACILITIES IMPROVEMENTS

PROJECT AND THE SEISMIC IMPROVEMENTS AT

LAGOON PUMP STATION PROJECT
Owner Project No: 405-660 and 301-690
Contractor:

Substitution
Request By:

Firm:

Transmittal Record Attn: Firm: Date Sent: Date
Rec’d:

Date
Due:

Contractor to Owner
Contractor to Architect
Owner / Architect to Consultant
Architect to Owner Representative
Owner Representative to Contractor
We hereby submit for your consideration the following product instead of the specified item for the Project:

Section / Drawing Article Specified Item
Proposed Substitution:

We have (a) attached manufacturer’s literature, including complete technical data and laboratory test results, if applicable, (b) attached an explanation of why proposed substitution is a true equivalent to specified item, (c) included complete information on changes to Contract Documents that the proposed substitution will require for its proper installation, and (d) filled in the blanks below:

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Substitution Request Form 00 6325 - 2
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
Contractor to complete questions that follow and certify to the accuracy of all answers:

A. Does the substitution affect dimensions shown on Drawings? Yes __ / No __. If No, please explain proposed mitigation and why substitution is equivalent to originally specified item:

B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes __ / No __. If No, please state reasons explain why substitution is equivalent to originally specified item:

C. What effect does the substitution have on other trades? No effect: __ / Some effect__. If substitution will affect other trades, please explain the effect and why substitution is equivalent to originally specified item:

D. Will substitution cause change to Project Schedule, or to critical delivery dates? Add? Shorten? If the substitution will add to schedule dates or affect critical activities, please explain why substitution is equivalent to originally specified item:

E. Please describe differences between proposed substitution and specified item? Please explain and identify any and all differences, and please explain why substitution is equivalent to originally specified item:

F. What is the Cost Differential to Contractor in original specified item and proposed substitution including all mark-ups? [If substitution requested during bid period, skip this question.] G. Are Manufacturer's guarantees for the proposed item the same as for item specified? Yes ____; No____. If No, please explain why substitution is equivalent to originally specified item:

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Substitution Request Form 00 6325 - 3
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
H. Contractor accepts full responsibility for delays caused by redesign of other items of the Work necessitated by substitution? Yes __ / No __. If No, please state reasons and explain why substitution is equivalent to originally specified item:

I. Contractor states that the function, appearance and quality are equivalent or superior to the specified item? Yes __ / No __. If No, please explain why substitution is equivalent to originally specified item:

We certify that the function, appearance, and quality of the proposed substitution are equivalent or superior to those of the specified item, except as we may specifically state otherwise in this request.

Submitted by: __________________________
Firm: _________________________________
Address: ______________________________
Signature: __________________________
Date: _________________________________
Phone / Fax: ______________________________
Remarks:

Consultant Response
__Accepted
__ Not Accepted
__ Accepted As Noted
__ Received Too Late
Owner Representative Response
__Accepted
__ Not Accepted
__ Accepted As Noted
__ Received Too Late
Remarks: ______________________
______________________________
______________________________
By: ___________________________
Remarks: ______________________
______________________________
______________________________
By: ___________________________

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Agreement and Release of All Claims 00 6530 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 6530

AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS
[Public Contract Code Section 7100]
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS (Agreement and Release), made and entered into this [ date ] day of [ Month ], [202__], by and between CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT (Owner), and [ Enter Name of Contractor ] (Contractor), whose place of business is at [ Enter Address of Contractor ].

RECITALS
A. Owner and Contractor entered into Contract (the “Contract”) for construction of Water Tanks and Facilities Improvements Project and the Seismic Improvements at Lagoon Pump Station Project, located at 100 Lincoln Centre Dr, Foster City, CA 94404.

B. The Work under the Contract has been completed.

AGREEMENT
NOW THEREFORE, it is mutually agreed between Owner and Contractor as follows:

1. Contractor will not be assessed liquidated damages except as detailed below:

Original Contract Sum $ ___________________________________ Modified Contract Sum $ ___________________________________ Payment to Date $ ___________________________________
Liquidated Damages $ ___________________________________ Payment Due Contractor $ ___________________________________

2. Subject to the provisions of this Agreement and Release, Owner will forthwith pay to Contractor the sum of [________________________________________________________ Dollars and ____________ Cents ($_____________________)] under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment.

3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in Paragraph 4 of this Document 00 6530. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against Owner, and all if its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in Paragraph 4 of this Document 00 6530. Nothing in this Agreement and Release shall limit or modify Contractor’s continuing obligations described in Paragraph 6 of this Document 00 6530.

4. The following claims submitted under Document 00 7200 (General Conditions), Article 12, are disputed (Disputed Claims) and are specifically excluded from the operation of this Agreement and Release.

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Agreement and Release of All Claims 00 6530 - 2
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
[Insert information in Chart below, affix attachment if necessary] CLAIM NO. DATE

SUBMITTED

DESCRIPTION OF CLAIM AMOUNT OF
CLAIM

5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in Paragraph 2 of this Document 00 6530, Contractor hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract.

6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents.

7. Contractor shall immediately defend, indemnify and hold harmless Owner, any of the Owner’s Representatives, Project Manager, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor’s suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in Paragraph 4 of this Document 00 6530.

8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provide as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.

10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Agreement and Release of All Claims 00 6530 - 3
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

11. All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.
* * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * OWNER: CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
[CONTRACTOR]
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
[CONTRACTOR]
By: ___________________________________________________ Signature
Name: ________________________________________________
Print
Its: ___________________________________________________ Title
REVIEWED AS TO FORM:

Dated: ___________________________, [20__]
By: ______________________________________________________ Counsel for Owner
Name: __________________________________________________ Print

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Guaranty 00 6536 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 6536

GUARANTY
TO: The CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT (Owner), for construction of the Water Tanks and Facilities Improvements Project and the Seismic Improvements at Lagoon Pump Station Project, located at 100 Lincoln Centre Dr, Foster City, CA 94404 The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.

1.01Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, 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 in connection with the Work.

1.02Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.

1.03If within one year after the date of Final Acceptance, or such other period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents or any extended warranty or guaranty, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to comply promptly with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. 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.

1.04Contractor shall respond within 72 hours to any claim made by Owner pursuant to this guaranty.

1.05Observation and inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

1.06This Guaranty is in addition to any other Contractor warranties contained in the Contract Documents, and not in lieu of, any and all other Contractor liability imposed under the Contract Documents or at law. In the event of any conflict or inconsistency between the terms of this Guaranty and any Contractor warranty or obligation Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the greater protection to Owner. (Signature line on next page)

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Guaranty 00 6536 - 2
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
Date: _______________________________, 20___
Contractor's Name
By:

Signature
Print Name
Title
Street Address
City, State, Zip code

END OF DOCUMENT

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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General Conditions 00 7200 - i
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
DOCUMENT 00 7200

GENERAL CONDITIONS
Page
ARTICLE 1 - INTERPRETATION OF CONTRACT DOCUMENTS..............................................................1

1.01 Interpretation of Documents................................................................................................1

1.02 Order of Precedence of Documents ...................................................................................1 ARTICLE 2 - PRE-BID INVESTIGATIONS...................................................................................................1

2.01 Pre-Bid Investigations Required .........................................................................................1

2.02 Limited Reliance Permitted On Owner’s Existing Conditions Data.....................................2

2.03 Pre-Bid Investigation Requirements For Excavation and Utilities Relocation Projects ...............................................................................................................................2 ARTICLE 3 - SUBCONTRACTORS .............................................................................................................2

3.01 Subcontractor Listing Law...................................................................................................3

3.02 Subcontracts .......................................................................................................................3 ARTICLE 4 - DRAWINGS AND SPECIFICATIONS .....................................................................................3

4.01 Intent of Drawings and Specifications.................................................................................3

4.02 Checking of Drawings and Specifications...........................................................................3

4.03 Interpretation of Drawings and Specifications.....................................................................4

4.04 Use of Drawings and Specifications ...................................................................................4 ARTICLE 5 - COMMENCEMENT OF THE WORK.......................................................................................4

5.01 Submission of Required Schedules ....................................................................................4

5.02 Commencement Date of Contract Time .............................................................................5 ARTICLE 6 - CONTRACTOR’S ORGANIZATION AND EQUIPMENT.........................................................5

6.01 Contractor’s Legal Address.................................................................................................5

6.02 Contractor’s Superintendents or Forepersons ....................................................................5

6.03 Proficiency In English..........................................................................................................5

6.04 Contractor’s and Subcontractors’ Employees.....................................................................5

6.05 Contractor’s Use of The Site...............................................................................................5

6.06 Contractor’s Site Office .......................................................................................................6 ARTICLE 7 - OWNER’S ADMINISTRATION OF WORK..............................................................................6

7.01 Owner’s Representative(s) .................................................................................................6

7.02 Owner’s Observation of The Work......................................................................................6

7.03 Consultant’s Observation of Work ......................................................................................6

7.04 Owner’s and Consultant’s Exercise of Contract Responsibilities........................................7

7.05 Owner’s Right of Access to The Work ................................................................................7

7.06 Owner’s Right of Separate Construction.............................................................................7

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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General Conditions 00 7200 - ii
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project
ARTICLE 8 - CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK ................................7

8.01 Contractor to Supervise The Work......................................................................................7

8.02 Contractor to Maintain Cost Data........................................................................................8

8.03 Contractor to Supply Sufficient Workers and Materials ......................................................8

8.04 Contractor to Maintain Project Record Documents.............................................................9

8.05 Contractor to Not Disrupt Owner Operation........................................................................9

8.06 Contractor to Provide Temporary Facilities and Controls ...................................................9 ARTICLE 9 - WARRANTY, GUARANTY, AND INSPECTION OF WORK ...................................................9

9.01 Warranty and Guaranty.......................................................................................................9

9.02 Inspection of Work ............................................................................................................10

9.03 Correction of Defective Work ............................................................................................11

9.04 Acceptance of Defective Work..........................................................................................12

9.05 Rights upon Inspection, Correction or Acceptance...........................................................12

9.06 Proof of Compliance of Contract Provisions .....................................................................12

9.07 Correction Period and Project Warranty Period................................................................13

9.08 No Waiver .........................................................................................................................13 ARTICLE 10 - MODIFICATIONS OF CONTRACT DOCUMENTS.............................................................13

10.01 Owner’s Right to Direct Changed Work ............................................................................13

10.02 Required Documentation for Changed Work ....................................................................14

10.03 Procedures and Pricing of Changed Work........................................................................14 ARTICLE 11 - TIME ALLOWANCES..........................................................................................................14

11.01 Time Allowances...............................................................................................................14

11.02 Excusable Delay and Inexcusable Delay Defined ............................................................14

11.03 Notice of Delay..................................................................................................................15

11.04 Compensable Time Extensions ........................................................................................15

11.05 Non-Compensable Time Extensions ................................................................................15

11.06 Adverse Weather ..............................................................................................................15

11.07 Liquidated Damages .........................................................................................................16 ARTICLE 12 - CLAIMS BY CONTRACTOR...............................................................................................17

12.01 Obligation to File Claims for Disputed Work .....................................................................17

12.02 Form and Contents of Claim .............................................................................................17

12.03 Administration During/After Claim Submission .................................................................17

12.04 Compliance .......................................................................................................................18

12.05 Mediation ..........................................................................................................................18 ARTICLE 13 - UNDERGROUND CONDITIONS ........................................................................................18

13.01 Contractor to Locate Underground Facilities ....................................................................18

13.02 Contractor to Protect Underground Facilities....................................................................19

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General Conditions 00 7200 - iii
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

13.03 Concealed or Unknown Conditions...................................................................................20

13.04 Notice of Hazardous Waste or Materials Conditions ........................................................21 ARTICLE 14 - LEGAL AND MISCELLANEOUS.........................................................................................22

14.01 Laws and Regulations.......................................................................................................22

14.02 Permits and Taxes ............................................................................................................22

14.03 Communications and Information Distribution ..................................................................22

14.04 Suspension of Work..........................................................................................................23

14.05 Termination of Contract for Cause....................................................................................23

14.06 Termination of Contract for Convenience .........................................................................24

14.07 Contingent Assignment of Subcontracts...........................................................................24

14.08 Remedies and Contract Integration ..................................................................................24

14.09 Interpretation.....................................................................................................................25

14.10 Patents..............................................................................................................................25

14.11 Substitution for Patented and Specified Articles ...............................................................25

14.12 Interest of Public Officers..................................................................................................26

14.13 Limit of Liability .................................................................................................................26

14.14 Public Records Act............................................................................................................26 ARTICLE 15 - WORKING CONDITIONS AND PREVAILING WAGES......................................................26

15.01 Use of Site/Sanitary Rules ................................................................................................26

15.02 Protection of Work, Persons, and Property.......................................................................27

15.03 Responsibility For Safety and Health................................................................................27

15.04 Emergencies .....................................................................................................................28

15.05 Use of Roadways and Walkways......................................................................................28

15.06 Nondiscrimination .............................................................................................................28

15.07 Prevailing Wages and Working Hours ..............................................................................28

15.08 Environmental Controls.....................................................................................................30

15.09 Shoring Safety Plan ..........................................................................................................30

6.7 Attachment 3 - Construction Services Agreement with Manito Construction, Inc.

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Supplemental General Conditions 00 7301 - 1
Water Tanks & Facilities Improvements Project Seismic Improvements at Lagoon Pump Station Project

GENERAL CONDITIONS
ARTICLE 1 INTERPRETATION OF CONTRACT DOCUMENTS

1.01 Interpretation of Documents
A. Documents are complementary; what is called for by one is as binding as if called for by all.

B. Contract Documents subdivide at first level into Articles, and then into paragraphs.

1.02 Order of Precedence of Documents
A. In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall prevail:

1. Modifications in inverse chronological order (i.e., most recent first), and in the same order as specific portions they are modifying;

2. Contract Forms (Document 00 5200 and other 5000 and 6000 series Documents), and terms and conditions referenced therein;

3. Supplemental General Conditions (Document 00 7301 and other 7300 series Documents), if included;

4. General Conditions (Document 00 7200);

5. Division 01 General Requirements, if included;

6. Drawings and Technical Specifications (Division 02 and above);

7. Written words over figures, unless obviously incorrect;

8. Figured dimensions over scaled dimensions;

9. Large-scale Drawings over small-scale Drawings.

B. Any conflict between Drawings and Technical Specifications (Division 2 and above) will be resolved in favor of the document of the latest date (i.e., the most recent document), and if the dates are the same or not determinable, then in favor of Specifications.

C. Any conflict between a bill or list of materials shown in the Contract Documents and the actual quantities required to complete Work required by Contract Documents, will be resolved in favor of the actual quantities.

D. All Technical Specifications included in the Project manual shall be included within the Contract Documents unless identified otherwise.

ARTICLE 2 PRE-BID INVESTIGATIONS

2.01 Pre-Bid Investigations Required
A. Prior to and as a condition of submitting a Bid and executing Document 00 5200 (Agreement), Contractor shall make reasonable efforts to investigate fully the Work of the Contract. Contractor shall visit the Site, examine thoroughly and understand fully the nature and extent of the Contract Documents, Work, Site, locality, actual conditions and as-built conditions.

B. Contractor’s investigation shall include, without limitation, requesting and thoroughly examining of all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, product specification(s) or reports, made available by Owner for pre-bidding or contracting purposes or during Contractor’s pre-bid investigations, of existing above ground and (to the extent applicable) below ground conditions (together, Existing Conditions Data), including, as applicable, Underground Facilities, geotechnical data, as-built data, utility surveys, record documents of all types, hazardous materials surveys, or similar materials which may appear or be referenced in the Project Manual or the in the Contract Documents, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

C. Contractor’s investigations shall consider fully the fact that Existing Conditions Data is in many cases based on information furnished to Owner by others (e.g., the prior owner or builders), and that due to their age or their chain of custody since preparation, may not meet current industry standards for accuracy. Contractor shall also: (i.) provide Owner with prompt written notice of all

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conflicts, errors, ambiguities, or discrepancies of any type, that it discovered in or among the Contract Documents and the Existing Conditions Data, and (ii.) subject to Owner’s approval, conduct any such additional or supplementary examinations, investigations, explorations, tests, studies and data compilations, concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which Contractor may deem necessary in order to perform and furnish the Work in accordance with the terms and conditions of Contract Documents.

D. During performance of the Contract, Contractor will be charged with knowledge of all information that it should have learned in performing these pre-bid investigations and other obligations, and shall not be entitled to Change Orders (time or compensation) due to any information, error, inconsistency, omission, or conditions that Contractor should have known as a part of this Work.

Contractor shall be responsible for the resultant losses, including, without limitation, the cost of correcting Defective Work.

2.02 Limited Reliance Permitted On Owner’s Existing Conditions Data A. Regarding aboveground and as-built conditions shown on the Contract Documents or supplied by Owner, such information has been compiled in good faith, however, Owner does not expressly or impliedly warrant or represent that such information is correctly shown or indicated, or otherwise complete for construction purposes. Contractor must independently verify such information as part of its pre-bid investigations, and where conditions are not reasonably verifiable or discrepancies are identified, bring such matters to Owner’s attention through written question issued during the bid period. In executing Document 00 5200 (Agreement), Contractor shall rely on the results of its own independent investigation and shall not rely on Owner-supplied information regarding aboveground conditions and as-built conditions, and Contractor shall accept full responsibility for its verification work sufficient to complete the Work as intended.

B. Regarding subsurface conditions other than Underground Facilities shown on the Contract Documents or otherwise supplied by Owner, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated in the Contract Documents.

Owner is not responsible for the completeness of any subsurface condition information, Contractor’s conclusions or opinions drawn from any subsurface condition information, or subsurface conditions that are not specifically shown. (For example, Owner is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown.)

2.03 Pre-Bid Investigation Requirements For Excavation and Utilities Relocation Projects A. As part of its pre-bid investigations for Projects involving excavation and/or relocation of existing utilities, Contractor shall make reasonable efforts to verify information regarding Underground Facilities including, without limitation, requesting additional information or verification of information as necessary.

B. Because of the nature and location of Owner and the Project, the existence of Underground Facilities is deemed inherent in the Work of the Contract, as is the fact that Underground Facilities are not always accurately shown or completely shown on as-built records, both as to their depth and location. Contractor shall, therefore, take care to note the existence and potential existence of Underground Facilities, in particular, above and below grade structures, drainage lines, storm drains, sewers, water, gas, electrical, chemical, hot water, and other similar items and utilities. Contractor shall carefully consider all supplied information, request additional information Contractor may deem necessary, and visually inspect the Site for above ground indications of Underground Facilities (such as, for example not by way of limitation, the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, manholes, new asphalt, meters and junction boxes, on or adjacent to the Site). Contractor shall also consider local underground conditions and typical practices for Underground Facilities, either through its own direct knowledge or through its subcontractors, and fully consider this knowledge in assessing the existing information and the reasonableness of its reliance.

ARTICLE 3 SUBCONTRACTORS

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3.01 Subcontractor Listing Law
A. Contractor shall comply with the Subcontractor Listing law, Public Contract Code Sections 4101, et seq. Contractor shall not substitute any other person or firm in place of any Subcontractor listed in the Bid except as may be allowed by law.

B. Subcontractors shall not assign or transfer their subcontracts or permit them to be performed by any other contractor without Owner’s written approval. At Owner’s request, Contractor shall provide Owner with a complete copy of all executed subcontracts or final commercial agreements with Subcontractors and/or suppliers.

3.02 Subcontracts
A. Subcontract agreements shall preserve and protect the rights of Owner under the Contract Documents so that subcontracting will not prejudice such rights. To the extent of the Work to be performed by a Subcontractor, Contractor shall require the Subcontractor’s written agreement (i) to be bound to the terms of Contract Documents and (ii) to assume vis-à-vis Contractor all the obligations and responsibilities that Contractor assumes toward Owner under the Contract Documents. (These agreements include, without limitation, all warranties, claims procedures and rules governing submittals of all types to which Contractor is subject under the Contract Documents.)
B. Contractor shall provide for the assignment to Owner of all rights any Subcontractor (of any tier) may have against any manufacturer, supplier, or distributor for breach of warranties and guarantees relating to the Work performed by the Subcontractor under the Contract Documents.

Subcontracts shall provide and acknowledge Owner as an intended third-party beneficiary of each subcontract and supply contract (of any tier).

ARTICLE 4 DRAWINGS AND SPECIFICATIONS

4.01 Intent of Drawings and Specifications
A. Contractor shall interpret words or phrases used to describe Work (including services), materials, or equipment that have well-known technical or construction industry or trade meaning in accordance with that meaning. Drawings’ intent specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

B. As part of the Work, Contractor shall provide all labor, materials, equipment, machinery, tools, facilities, services, employee training and testing, hoisting facilities, Shop Drawings, storage, testing, security, transportation, disposal, the securing of all necessary or required field dimensions, the cutting or patching of existing materials, notices, permits, documents, reports, agreements and any other items required or necessary to timely and fully complete Work described and the results intended by Contract Documents and, in particular, Drawings and Specifications. Divisions and Specification Sections and the identification on any Drawings shall not control Contractor in dividing Work among Subcontractors or suppliers or delineating the Work to be performed by any specific trade.

C. Contractor shall perform reasonably implied parts of Work as incidental work although absent from Drawings and Specifications. Incidental work includes any work not shown on Drawings or described in Specifications that is necessary or normally or customarily required as a part of the Work shown on Drawings or described in Specifications. Incidental work includes any work necessary or required to make each installation satisfactory, legally operable, functional, and consistent with the intent of Drawings and Specifications or the requirements of Contract Documents. Contractor shall perform incidental work without extra cost to Owner. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and the expense of incidental work shall be included in price Bid and Contract Sum.

4.02 Checking of Drawings and Specifications
A. Before undertaking each part of Work, Contractor shall carefully study and compare Contract Documents and check and verify pertinent figures shown in the Contract Documents and all applicable field measurements. Contractor shall be responsible for any errors that might have been avoided by such comparison. Figures shown on Drawings shall be followed; Contractor shall not scale measurements. Contractor shall promptly report to Owner, in writing, any conflict,

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error, ambiguity or discrepancy that Contractor may discover. Contractor shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby.

Contractor shall provide Owner with a follow-up correspondence every ten Days until it receives a satisfactory interpretation or clarification.

4.03 Interpretation of Drawings and Specifications
A. A typical or representative detail on Drawings shall constitute the standard for workmanship and material throughout corresponding parts of Work. Where necessary, and where reasonably inferable from Drawings, Contractor shall adapt such representative detail for application to such corresponding parts of Work. The details of such adaptation shall be subject to prior approval by Owner. Repetitive features shown in outline on Drawings shall be in exact accordance with corresponding features completely shown.

B. Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in Drawings and Specifications, or should Contractor have any questions or requests relating to Drawings or Specifications, Contractor shall refer the matter to Owner, in writing, with a copy to the Architect/Engineer. Owner will issue (or cause to be issued) with reasonable promptness written responses, clarifications or interpretations as Owner may determine necessary. All written responses, clarifications and interpretations under this Paragraph shall be consistent with the intent of and be reasonably inferable from Contract Documents, and binding upon Contractor. If Contractor believes that a written response, clarification or interpretation justifies an adjustment in the Contract Sum or Contract Time, Contractor shall give Owner prompt written notice. If the parties are unable to agree to the amount or extent of the adjustment, if any, then Contractor shall perform the Work in conformance with Owner’s response, clarification, or interpretation and may make a written claim for the adjustment as provided in Article 12.

C. The following general specifications shall apply wherever in the Specifications, or in any directions given by Owner in accordance with or supplementing Specifications, it is provided that Contractor shall furnish materials or manufactured articles or shall do Work for which no detailed specifications are shown. Materials or manufactured articles shall be of the best grade, in quality and workmanship, obtainable in the market from firms of established good reputation. If not ordinarily carried in stock, the materials or manufactured articles shall conform to industry standards for first class materials or articles of the kind required, with due consideration of the use to which they are to be put. Work shall conform to the usual standards or codes, such as those cited herein, for first class work of the kind required. Contractor shall specify in writing to Owner, at least 10 Business Days prior to furnishing such materials or performing such Work, the materials to be used or Work to be performed under this Paragraph.

4.04 Use of Drawings and Specifications
A. Drawings, Specifications and other Contract Documents were prepared for use for Work of Contract Documents only. No part of Contract Documents shall be used for any other construction or for any other purpose except with the written consent of Owner. Any unauthorized use of Contract Documents is prohibited and at the sole liability of the user.

ARTICLE 5 COMMENCEMENT OF THE WORK

5.01 Submission of Required Schedules
A. Unless otherwise indicated in Contract Documents, Contractor shall submit to Owner in draft for review and discussion at the Preconstruction Conference, and in final prior to the first payment application, the following schedules:

1. Schedule of Values;

2. Progress Schedule, and

3. Schedule of Submittals.

B. No progress payment shall be due or owing to Contractor until such schedules are submitted to and acceptable to Owner and/or Architect/Engineer as meeting the requirements of the Contract Documents. In Owner’s sole discretion, Owner may elect to instead withhold a portion of any progress payment for unacceptable compliance with contract requirements for such schedules.

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C. Owner’s acceptance of Contractor’s schedules will not create any duty of care or impose on Owner any responsibility for the sequencing, scheduling or progress of Work, nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefore.

5.02 Commencement Date of Contract Time
A. The Contract Time will commence to run on the 60th Day after the issuance of the Notice of Award or, if a Notice to Proceed is given, on the date indicated in the Notice to Proceed.

B. Owner may give a Notice to Proceed at any time within 60 Days after the Notice of Award.

Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run.

ARTICLE 6 CONTRACTOR’S ORGANIZATION AND EQUIPMENT

6.01 Contractor’s Legal Address
A. Address and facsimile number given in Contractor’s Bid are hereby designated as Contractor’s legal address and facsimile number. Contractor may change its legal address and facsimile number by notice in writing, delivered to Owner, which in conspicuous language advises Owner of a change in legal address or facsimile number, and which Owner accepts in writing. Delivery to Contractor’s legal address or depositing in any post office or post office box regularly maintained by the United States Postal Service, in a wrapper with postage affixed, directed to Contractor at Contractor’s legal address, or of any drawings, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Contractor. Facsimile to Contractor’s designated facsimile number of any letter, memorandum, or other communication on standard or legal sized paper, with proof of facsimile transmission, shall be deemed legal and sufficient service thereof upon Contractor.

6.02 Contractor’s Superintendents or Forepersons
A. Contractor shall at all times be represented on Site by one or more superintendents or forepersons authorized and competent to receive and carry out any instructions that Owner may give, and shall be liable for faithful observance of instructions delivered to Contractor or to authorized representative or representatives on Site.

6.03 Proficiency In English
A. Supervisors, security guards, safety personnel and employees who have unescorted access to the Site shall possess proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.

6.04 Contractor’s and Subcontractors’ Employees
A. Contractor shall employ, and shall permit its Subcontractors to employ, only competent and skillful personnel to do Work. If Owner notifies Contractor that any of its employees, or any of its Subcontractors’ employees on Work is incompetent, unfaithful, disorderly or profane, or fails to observe customary standards of conduct or refuses to carry out any provision of the Contract Documents, or uses threatening or abusive language to any person on Work representing Owner, or violates sanitary rules, or is otherwise unsatisfactory, and if Owner requests that such person be discharged from Work, then Contractor or its Subcontractor shall immediately discharge such person from Work and the discharged person shall not be re-employed on the Work except with consent of Owner.

6.05 Contractor’s Use of The Site
A. Contractor shall not make any arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between Owner and any Owner, former Owner or tenant of such land, structure or buildings. Contractor may not occupy Owner-owned property outside the limit of the Work as indicated on the Drawings unless it obtains prior approval from Owner.

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6.06 Contractor’s Site Office
A. Unless expressly provided otherwise in the Contract Documents, Contractor shall provide a site office staffed by a resident project manager or job superintendent.

ARTICLE 7 OWNER’S ADMINISTRATION OF WORK

7.01 Owner’s Representative(s)
A. Owner’s Representative(s) will have limited authority to act on behalf of Owner as set forth in the Contract Documents.

B. Except as otherwise provided in these Contract Documents or subsequently identified in writing by Owner, Owner will issue all communications to Contractor through Owner’s Representative, and Contractor shall issue all communications to Owner through Owner’s Representative in a written document delivered to Owner.

C. Should any direct communications between Contractor and Owner’s consultants, architects or engineers not identified in Article 2 of Document 00 5200 (Agreement) occur during field visits or by telephone, Contractor shall immediately confirm them in a written document copied to Owner.

7.02 Owner’s Observation of The Work
A. Work shall be performed under Owner’s general observation and administration. Contractor shall comply with Owner’s directions and instructions in accordance with the terms of Contract Documents, but nothing contained in these General Conditions shall be taken to relieve Contractor of any obligations or liabilities under the Contract Documents. Owner’s failure to review or, upon review, failure to object to any aspect of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of Work.

B. Subject to those rights specifically reserved in the Contract Documents, Owner will not supervise, or direct, or have control over, or be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or Contractor’s failure to comply with laws and regulations applicable to the furnishing or performance of Work. Owner will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with Contract Documents.

7.03 Consultant’s Observation of Work
A. Owner may engage one or more of the following to assist in administering the Work: an Architect/Engineer, Project Manager, Construction Manager, or any other independent consultant (collectively for purposes of this Article 7, Consultant). If so engaged, Consultant will advise and consult with Owner, but will have authority to act on behalf of Owner only to extent provided in the Contract Documents or as set forth in writing by Owner. Consultant will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with Work. Consultant will not be responsible for or have control over the acts or omissions of Contractor, Subcontractors or their agents or employees, or any other persons performing Work.

B. Consultant may review Contractor’s Submittals, such as Shop Drawings, Product Data, and Samples, but only for conformance with design concept of Work and with information given in the Contract Documents.

C. Consultant may visit the Site at intervals appropriate to stage of construction to become familiar generally with the progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. Based on its observations, Consultant may recommend to Owner that it disapproves or rejects Work that Consultant believes to be Defective or will not produce a complete Project that conforms to Contract Documents, or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by Contract Documents. Consultant may also recommend to Owner special inspection or testing of Work, whether or not the Work is fabricated, installed, or completed.

D. Consultant may conduct observations or inspections to recommend to Owner the dates that Contractor has achieved Substantial Completion and Final Completion, and will receive and forward to Owner for review written warranties and related documents required by Contract Documents.

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7.04 Owner’s and Consultant’s Exercise of Contract Responsibilities A. Owner, Consultant, and all Owner’s representatives, in performing their duties and responsibilities under the Contract Documents, accept no duties, responsibilities or duty of care, nor may the same be implied or inferred, towards Contractor, any Subcontractor, sub-Subcontractor or supplier, except those set forth expressly in the Contract Documents.

7.05 Owner’s Right of Access to The Work
A. During performance of Work, Owner, Consultant, and all Owner’s representatives may at any time enter upon Work, shops or studios where any part of the Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe facilities for this purpose, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as Owner’s interests may require. Other contractors performing work for Owner may also enter upon Work for all purposes required by their respective contracts. Subject to the rights reserved in the Contract Documents, Contractor shall have sole care, custody, and control of the Site and its Work areas.

7.06 Owner’s Right of Separate Construction
A. Owner may perform with its own forces, construction or operations related to the Project, or the Site during Contractor’s operations. Owner may also award separate contracts in connection with other portions of the Project or other construction or operations, on the Site or areas contiguous to the Site, under conditions similar to these Contract Documents, or may have utility Owners perform other work.

B. Contractor shall adjust its schedule and fully coordinate with and shall afford all other contractors, utility districts and Owner (if Owner is performing work with its own forces), proper and safe access to the Site, and reasonable opportunity for the installation and storage of their materials.

Contractor shall ensure that the execution of its Work properly connects and coordinates with others’ work, do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, and shall cooperate with them to facilitate the progress of the Work.

C. To the extent that any part of Contractor’s Work is to interface with work performed or installed by other contractors or utility owners, Contractor shall inspect and measure the in-place work.

Contractor shall promptly report to Owner in writing any defect in in-place work that will impede or increase the cost of Contractor’s interface unless corrected.

ARTICLE 8 CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK

8.01 Contractor to Supervise The Work
A. Subject to those rights specifically reserved in the Contract Documents, Contractor shall supervise, direct, have control over, and be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, safety precautions and programs incident thereto, and compliance with laws and regulations applicable to the furnishing or performance of Work.

B. Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent, who shall not be replaced without Owner’s express written consent and, if applicable, payment of liquidated damages as required by Document 00 5200 (Agreement). The Superintendent shall be Contractor’s representative at the Site and shall have complete authority to act on behalf of Contractor. All communications to and from the Superintendent shall be as binding as if given to or by Contractor.

C. Contractor shall supervise, inspect, and direct Work competently and efficiently, devoting the attention and applying such personal skills and expertise as may be required and necessary to perform Work in accordance with Contract Documents. Contractor shall be solely responsible for and have control and charge of construction means, methods, techniques, sequences and procedures, safety precautions and programs in connection with the Work. Contractor shall be responsible to see that the completed Work complies accurately with Contract Documents.

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D. Contractor is fully responsible for Contractor’s own acts and omissions. Contractor is responsible for all acts and omissions of its Subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract with Contractor.

E. Contractor shall conduct monthly Contractor Safety Committee meetings, and weekly toolbox safety talks.

8.02 Contractor to Maintain Cost Data
A. Contractor shall maintain full and correct information as to the number of workers employed in connection with each subdivision of Work, the classification and rate of pay of each worker in form of certified payrolls, the cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and the amount of each class of materials used in each subdivision of Work. Contractor shall provide Owner with monthly summaries of this information. If Contractor maintains or is capable of generating summaries or reports comparing actual Project costs with Bid estimates or budgets, Contractor shall provide Owner with a copy of such report upon Owner’s request.

B. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers on Site, Work activities, problems encountered and delays. Contractor shall provide Owner with copies for each Day Contractor works on the Project, to be delivered to Owner either the same Day or the following morning before starting work at the Site. Contractor shall take pre-construction and monthly progress photographs of all areas of the Work.

Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors.

C. Owner shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including, without limitation, financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, Owner shall have the right to inspect and obtain copies of all Contract Documents, planning and design documents, Bid proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. Owner and any other applicable governmental entity shall have the right to inspect all information and documents maintained hereunder at any time during the Project and for a period of five years following Final Completion, in accordance with the provisions of Government Code Section 8546.7. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract Documents.

This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract Documents.

8.03 Contractor to Supply Sufficient Workers and Materials A. Unless otherwise required by Owner under the terms of Contract Documents, Contractor shall at all times keep on the Site materials and employ qualified workers sufficient to prosecute Work at a rate and in a sequence and manner necessary to complete Work within the Contract Time.

This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

B. At any time during progress of Work should Contractor directly or indirectly (through Subcontractors) refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the Work as required, then Owner may require Contractor to accelerate the Work and/or furnish additional qualified workers or materials as Owner may consider necessary, at no cost to Owner. If Contractor does not comply with the notice within three Business Days of date of service thereof, Owner shall have the right (but not a duty) to provide materials and qualified workers to finish the Work or any affected portion of Work, as Owner may elect. Owner may, at its discretion, exclude Contractor from the Site, or portions of the Site or separate work elements during the time period that Owner exercises this right. Owner will deduct from moneys due or which may thereafter become due under the Contract Documents, the sums necessary to meet expenses thereby incurred and paid to persons supplying materials and doing Work.

Owner will deduct from funds or appropriations set aside for purposes of Contract Documents the

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amount of such payments and charge them to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of Owner from claims of others.

C. Exercise by Owner of the rights conferred upon Owner in this subparagraph is entirely discretionary on the part of Owner. Owner shall have no duty or obligation to exercise the rights referred to in this subparagraph and its failure to exercise such rights shall not be deemed an approval of existing Work progress or a waiver or limitation of Owner’s right to exercise such rights in other concurrent or future similar circumstances. (The rights conferred upon Owner under this subparagraph are, like all other such rights, cumulative to Owner’s other rights under any provision of the Contract Documents.)

8.04 Contractor to Maintain Project Record Documents
A. As more specifically described in Section 01 7839, Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Contract Modifications, Change Orders, Work Directives, Force Account orders, and written interpretations and clarifications in good order and annotated to show all as-built changes made during construction. These Project Record Documents, together with all approved Samples and a counterpart of all approved Shop Drawings, shall be maintained and available to Owner for reference. Upon completion of the Work, Contractor shall deliver to Owner, the Project Record Documents, Samples and Shop Drawings and as-built drawings.

B. Throughout Contractor’s performance of the Work of the Project, Contractor shall maintain construction records to include: shop drawings; product data/material data sheets; samples; submittal; purchases; materials; equipment; inspections; applicable handbooks; applicable codes and standards; maintenance and operating manuals and instructions; RFI Log; Submittal Log; other related documents and revisions which arise out of the Construction Contracts. Contractor shall maintain records of principal building layout lines, elevations for the bottom of footings, floor levels, and key site elevations (certified by a qualified surveyor or professional engineer).

Contractor shall make all records available to Owner. At the completion of the Project, Contractor shall deliver all such records to the Owner to have a complete set of record as-built drawings.

8.05 Contractor to Not Disrupt Owner Operation
A. Contractor shall schedule and execute all Work in a manner that does not interfere with or disrupt Owner operations including, without limitation, parking, utilities (electricity, gas, water), noise, access by employees and administration, access by vendors, physicians, patients and any other person or entity using Owner facilities or doing business with Owner. Contractor shall produce and supply coordination plans and requests to Owner, following Owner procedures, for all necessary interference of construction with Owner, which Owner will reasonably cooperate with.

8.06 Contractor to Provide Temporary Facilities and Controls A. Unless expressly provided otherwise in the Contract Documents, Contractor shall provide all temporary utilities (including without limitation electricity, water, natural gas), lighting, heating, cooling and ventilating devices, telephone, sanitary facilities, barriers, fences and enclosures, tree and plant protection, fire protection, pollution, erosion, Storm Water Pollution Prevention controls, noise and traffic control, and any other necessary services required for construction, testing or completion of the Work.

ARTICLE 9 WARRANTY, GUARANTY, AND INSPECTION OF WORK

9.01 Warranty and Guaranty
A. General Representations and Warranties: Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing every Phase of the Work and to complete Work in accordance with the terms of Contract Documents. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of Contract Documents.

Contractor warrants that Work including, without limitation, each item of materials and equipment

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incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship.

Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Drawings and Specifications and all descriptions set forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible, however, for the negligence of others in the specification of specific equipment, materials, design parameters and means or methods of construction where that is specifically shown and expressly required by Contract Documents.

B. Extended Warranties: Any warranty exceeding one year provided by the supplier or manufacturer of any equipment or materials used in the Project shall be extended for such term. Contractor expressly agrees to act as co-guarantor of such equipment and materials and shall supply Owner with all warranty and guarantee documents relative to equipment and materials incorporated in the Project and guaranteed by their suppliers or manufacturers.

C. Environmental and Toxics Warranty: The covenants, warranties and representations contained in this Paragraph are effective continuously during Contractor’s Work on the Project and following cessation of labor for any reason including, without limitation, Project completion. Contractor covenants, warrants and represents to Owner that:

1. To Contractor’s knowledge after due inquiry, no lead or Asbestos-containing materials were installed or discovered in the Project at any time during Contractor’s construction thereof. If any lead or Asbestos-containing materials were discovered, Contractor made immediate written disclosure to Owner.

2. To Contractor’s knowledge after due inquiry, no electrical transformers, light fixtures with ballasts or other equipment containing PCBs are or were located on the Project at any time during Contractor’s construction thereof.

3. To Contractor’s knowledge after due inquiry, no storage tanks for gasoline or any other toxic substance are or were located on the Project at any time during Contractor’s construction thereof. If any such materials were discovered, Contractor made immediate written disclosure to Owner.

4. Contractor’s operations concerning the Project are and were not in violation of any applicable environmental federal, state, or local statute, law or regulation dealing with hazardous materials substances or toxic substances and no notice from any governmental body has been served upon Contractor claiming any violation of any such law, ordinance, code or regulation, or requiring or calling attention to the need for any Work, repairs, construction, alteration, or installation on or in connection with the Project in order to comply with any such laws, ordinances, codes, or regulations, with which Contractor has not complied. If there are any such notices with which Contractor has complied, Contractor shall provide Owner with copies thereof.

9.02 Inspection of Work
A. Work and materials, and manufacture and preparation of materials, from beginning of construction until Final Completion and acceptance of Work, shall be subject to inspection and rejection by Owner, its agents, representatives or independent contractors retained by Owner to perform inspection services, or governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and program so that they may comply therewith as applicable. Upon request or where specified, Owner shall be afforded access for inspection at the source of supply, manufacture or assembly of any item of material or equipment, with reasonable accommodations supplied for making such inspections.

B. Contractor shall furnish, in such quantities and sizes as may be required for proper examination and tests, Samples or test specimens of all materials to be used or offered for use in connection with Work. Contractor shall prepare Samples or test specimens at its expense and furnish them to Owner. Contractor shall submit all Samples in ample time to enable Owner to make any necessary tests, examinations, or analyses before the time it is desired to incorporate the material into the Work.

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C. Contractor shall give Owner timely notice of readiness of Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

D. Upon advance notice as set forth above, Owner will endeavor to schedule required inspections, but if resources are not available, Contractor may need to reschedule the Work at no additional cost to the Owner.

E. If applicable laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, and furnish Owner with the required certificates of inspection, or approval. Owner will pay the cost of initial testing and Contractor shall pay all costs in connection with any follow-up or additional testing. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

F. If Contractor covers any Work, or the work of others, prior to any required inspection, test or approval without written approval of Owner, Contractor shall uncover the Work at Owner’s request. Contractor shall bear the expense of uncovering Work and replacing Work. In any case where Contractor covers Work contrary to Owner’s request, Contractor shall uncover Work for Owner’s observation or inspection at Owner’s request. Contractor shall bear the cost of uncovering Work.

G. Whenever required by Owner, Contractor shall furnish tools, labor and materials necessary to make examination of Work that may be completed or in progress, even to extent of uncovering or taking down portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of reconstruction shall be borne by Contractor. If Work is found to be satisfactory, Owner, in manner herein prescribed for paying for alterations, Modifications, and extra Work, except as otherwise herein specified, will pay for examination.

H. Inspection of the Work by or on behalf of Owner, or Owner’s failure to do so, shall not under any circumstances be deemed a waiver or approval of any non-conforming aspect of the Work.

Contractor shall have an absolute duty, in the absence of a written Change Order signed by Owner, to perform Work in conformance with the Contract Documents and to immediately correct Defective Work immediately upon Contractor’s knowledge.

I. Any inspection, evaluation, or test performed by or on behalf of Owner relating to the Work is solely for the benefit of Owner, and shall not be relied upon by Contractor. Contractor shall not be relieved of the obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty, warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by Owner, whether or not such inspections, evaluations, or tests are permitted or required under the Contract Documents. Contractor shall be solely responsible for testing and inspecting Work already performed to determine whether such Work is in proper condition to receive later Work.

9.03 Correction of Defective Work
A. Owner may direct Contractor to correct any Defective Work or remove it from the Site and replace it with Work that is not Defective and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting from the correction or removal. Also, if Contractor fails to supply sufficient skilled workers, suitable materials or equipment, or to furnish or perform the Work in such a way that the completed Work will conform to Contract Documents, Owner may direct Contractor to perform the Work in accordance with the Contract Documents, correct or replace any such Defective Work, or stop any portion of Work.

B. Owner may correct and remedy the Defective Work or perform any other work, corrective or otherwise, if, after five Days’ written notice to Contractor, Contractor fails to correct Defective Work or to remove and replace rejected Work; or provide a plan for correction of Defective Work acceptable to Owner; or perform Work in accordance with Contract Documents. In connection with such corrective and remedial action, Owner may exclude Contractor from all or part of the Site; take possession of all or part of Work and suspend Contractor’s Work related thereto; take

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possession of all or part of Contractor’s tools, appliances, construction equipment and machinery at the Site; and incorporate in Work any materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, its representatives, agents, employees, and other contractors and consultants’ access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.

C. Contractor shall be responsible for all claims, costs, losses, damages, expenses and liabilities incurred or sustained by Owner in exercising rights and remedies under this Paragraph.

Contractor shall be responsible for any and all claims, costs, losses and damages caused by or resulting from such correction or removal. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum.

If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may decide the proper amount or, in its discretion may elect to leave the Contract Sum unchanged and deduct from monies due Contractor, all such claims, costs, losses and damages caused by or resulting from exercising its rights and remedies. If Contractor disagrees with Owner’s calculations, it may make a claim as provided in Article 12 of this Document 00 7200.

D. These Owner rights and remedies are entirely discretionary on the part of Owner, and shall not give rise to any duty on the part of Owner to exercise the rights for the benefit of Contractor or any other party. Owner’s rights under this Paragraph shall be in addition to any other rights it may have under the Contract Documents or by law. Owner’s failure to demand correction of defective work does not relieve the Contractor from delivering a Project that comports with the Project’s plans and specifications.

9.04 Acceptance of Defective Work
A. Owner may in its sole discretion elect to accept Defective Work. Contractor shall pay all claims, costs, losses and damages attributable to Owner’s evaluation of and determination to accept such Defective Work. If Owner accepts any Defective Work prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, Owner may deduct from monies due Contractor, all claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If Contractor disagrees with Owner’s calculations, Contractor may make a claim as provided in Article 12 of this Document 00 7200. If Owner accepts any Defective Work after final payment, Contractor shall pay to Owner, an appropriate amount as determined by Owner.

9.05 Rights upon Inspection, Correction or Acceptance
A. Contractor shall not be allowed an extension of Contract Time because of any delay in the performance of Work attributable to the exercise by Owner of its rights and remedies under this Article. Where Owner exercises its rights under this Article, it retains and may still exercise all other rights it has by law or under the Contract Documents including, without limitation, the right to terminate Contractor’s right to proceed with the Work under the Contract Documents for cause and/or make a claim or back charge where a Change Order cannot be agreed upon.

B. Observation or inspection by Owner or its authorized agents or representatives shall not relieve Contractor of its obligation to have furnished material and workmanship in accordance with Contract Documents. Payment for Work completed through periodic progress payments, final payment or otherwise shall not operate to waive Owner’s right to require full compliance with Contract Documents and shall in no way be deemed as acceptance of any defective Work paid therefor. Contractor’s obligation to complete the Work in accordance with Contract Documents shall be absolute, unless Owner agrees otherwise in writing.

9.06 Proof of Compliance of Contract Provisions
A. In order that Owner may determine whether Contractor has complied or is complying with requirements of Contract Documents not readily enforceable through inspection and tests of Work and materials, Contractor shall at any time, when requested, submit to Owner properly authenticated documents or other satisfactory proofs of compliance with all applicable requirements.

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B. Before commencing any portion of Work, Contractor shall inform Owner in writing as to time and place at which Contractor wishes to commence Work, and nature of Work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to Owner a reasonable time in advance of time at which Contractor proposes to begin Work, so that Owner may complete necessary preliminary work without inconvenience or delay to Contractor.

9.07 Correction Period and Project Warranty Period
A. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws, regulations or by the terms of Contract Documents or any extended warranty or guaranty, any Work (completed or incomplete) is found to be Defective, Contractor shall promptly without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. 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.

B. In special circumstances where a part of the Work is occupied or a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that part of Work or that item may start to run from an earlier date if so provided by Change Order.

C. Where Defective Work or rejected Work (and damage to other Work resulting therefrom) has been corrected, removed, or replaced under this Paragraph after the commencement of the correction period, the correction period hereunder with respect to such Work shall be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

9.08 No Waiver
A. Neither recordation of Final Acceptance, nor final certificate for payment, nor provision of the Contract, nor partial or entire use or occupancy of premises by Owner shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

B. If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be unsatisfactory to Owner, Owner shall have the right to operate and use materials or equipment until said materials and equipment can, without damage to Owner, be taken out of service for correction or replacement. Period of use of Defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.

C. Nothing in the Contract Documents shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and equipment suppliers’ liability to Owner for damages sustained as result of latent defects in materials or equipment caused by negligence of Contractor, its agents, suppliers, employees, or Subcontractors.

ARTICLE 10 MODIFICATIONS OF CONTRACT DOCUMENTS

10.01 Owner’s Right to Direct Changed Work
A. Owner may, without notice to the sureties and without invalidating the Contract, make changes in the Work (Changed Work), including without limitation: alterations, deviations, additions to, or deletions from Contract Documents; increase or decrease the quantity of any item or portion of the Work; expand, reduce or otherwise change the Contract Time; delete any item or portion of the Work; and require extra Work. Contractor shall perform such Work under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the

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change is ordered. In the case of any ordered extra Work, Owner reserves the right to furnish all or portions of associated labor, material, and equipment, which Contractor shall accept and use without payment for costs, markup, profit, or otherwise for such Owner-furnished labor, materials, and equipment.

B. If Changed Work is of such a nature as to increase or decrease the time or cost of any part of Work, price fixed in Contract shall be increased or decreased by amount as the Contractor and Owner may agree upon as reasonable and proper allowance for increase or decrease in cost of Work using the cost guidelines set forth in this Article, and absent such agreement, then as Owner may direct (with Contractor retaining its rights under Article 12 herein).

10.02 Required Documentation for Changed Work
A. Changes affecting the Contract Time or Contract Sum of the Work shall be set forth in a written Change Order or Change Directive that shall specify:

1. The Work performed in connection with the change to be made;

2. The amount of the adjustment of the Contract Sum, if any, and the basis for compensation for the Work ordered; and

3. The extent of the adjustment in the Contract Time, if any.

B. A Change Order or Change Directive will become effective when signed by Owner, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided Owner indicates same thereon (by indicating it as a “unilateral change order”).

C. All changes in any plans and specifications approved by any authority with jurisdiction may also require addenda or change orders approved by that authority.

D. Where Owner requests, a performance bond rider covering the changed Work must be executed and delivered to Owner before proceeding with the changed Work or shortly in time thereafter.

10.03 Procedures and Pricing of Changed Work
A. Procedures for changed work and pricing of changed work, claims and all forms of extra compensation, are set forth in Section 01 2600 (Modification Procedures).

ARTICLE 11 TIME ALLOWANCES

11.01 Time Allowances
A. Time is of the essence. Contract Time may only be changed by Change Order, and all time limits stated in the Contract Documents are to mean that time is of the essence.

B. Float. Float shall be treated as a Project resource. Contractor shall not be entitled to a time extension for impacts that consume float, but do not impact the critical path.

C. Time extensions will not be granted unless substantiated by the Critical Path Method (CPM) Schedule, and then not until the CPM project float becomes zero. If Contractor fails to submit a Time Impact Evaluation (TIE), as required by Section 01 2600 (Modification Procedures) and Section 01 3200 (Progress Schedules and Reports), within the required time period, then Contractor shall be deemed to have agreed that there is no time impact and that Contractor has irrevocably waived its rights to any additional Contract Time.

11.02 Excusable Delay and Inexcusable Delay Defined
A. Excusable Delay. Subject to the provisions on Notice of Delay below, Contract Time may be adjusted in an amount equal to the time lost due to:

1. Changes in the Work ordered by Owner (Changes);

2. Acts or neglect by Owner, Architect, any Owner Representative, utility owners or other contractors performing other work, not permitted or provided for in the Contract Documents, provided that Contractor has performed its responsibilities under the Contract Documents (including, without limitation, pre-bid investigations) (Acts or Neglect); or

3. Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters

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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).

B. Inexcusable Delay. Contract Time shall not be extended for any period of time where Contractor (and/or any Subcontractor) is delayed or prevented from completing any part of the Work due to a cause that is within Contractor’s risk or responsibility under the Contract Documents. Delays attributable to or within the control of a Subcontractor, or its subcontractors, or supplier, are deemed delays within the control of Contractor.

11.03 Notice of Delay
A. Within seven Days of the beginning of any delay (excepting adverse weather delays), Contractor shall notify Owner in writing, by submitting a notice of delay that shall describe the anticipated delays resulting from the delay event in question. If Contractor requests an extension of time, Contractor shall submit a TIE, in accordance with by Section 01 2600 (Modification Procedures) and Section 01 3200 (Progress Schedules and Reports), within ten days of the notice of delay.

Owner will determine all claims and adjustments in the Contract Time. No claim for an adjustment in the Contract Time will be valid and such claim will be waived if not submitted in accordance with the requirements of this subparagraph. In cases of substantial compliance with the seven-day notice requirement here (but not to exceed twenty-one days from the beginning of the delay event), Owner may in its sole discretion recognize a claim for delay accompanied with the proper TIE, provided Contractor also shows good faith and a manifest lack of prejudice to Owner from the late notice.

11.04 Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Sum in addition to Contract Time for:

1. Excusable delay caused solely by Changes in the Work ordered by Owner, as provided above, and/or

2. Excusable delay caused solely by Acts or Neglect by Owner or other person, as provided above.

11.05 Non-Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Time only, without adjustment in Contract Sum, for

1. Periods of excusable delay caused solely by weather or Force Majeure events as provided above in this Article, or

2. Periods of concurrent delay, where delay results from two or more causes, one of which is compensable (resulting from Changes or Acts or Neglect as set forth above in this Article), and the other of which is non-compensable or unexcusable, such as: acts or neglect of Contractor, Subcontractors or others for whom Contractor is responsible; other acts, omissions and conditions which would not entitle Contractor to adjustment in Contract Time; adverse weather; and/or actions of Force Majeure as provided above in this Article.

11.06 Adverse Weather
A. Adverse weather delays may be allowed only if the number of workdays of adverse weather exceeds the parameters listed or referenced immediately below in this subparagraph and Contractor proves that adverse weather actually caused delays to work on the critical path.

Contractor shall give written notice of intent to claim an adverse weather day within one Day of the adverse weather day occurring.

B. Claims for extension of time for rain delay will not be granted unless the number of days work is prevented by rain exceeds 100% of the historical average number of rain days for the period of

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the Contract Time, based on the records of the National Oceanic & Atmospheric Administration (NOAA) weather station identified in Supplemental Conditions or, if not, the station closest to the Project Site (in either case, Weather Station), as measured and reported by NOAA. (For example, for California, Oregon and Washington, these figures are contained in the “>=0.10 inch” column at the applicable weather station’s “General Climate Summary Table” for “Precipitation” at http://www.wrcc.dri.edu/climate-summaries/), pro-rated in the individual month Contractor starts and finishes Work. Delays due to adverse weather conditions will not be allowed for weather conditions that fall within these parameters.

C. In order to qualify as an adverse weather delay day with respect to the foregoing parameters, daily rainfall must exceed 0.1 inch at the Weather Station, as measured and reported by NOAA.

Notwithstanding these allowances, Contractor shall at all times employ all available mitigation measures to enable Work to continue, Contractor shall take reasonable steps to mitigate potential weather delays, such as dewatering the Site, lime treatment, and covering Work and material that could be affected adversely by weather. Failure to do so shall be cause for Owner to not grant a time extension due to adverse weather, where Contractor could have avoided or mitigated the potential delay by exercising reasonable care.

D. Contractor shall include the foregoing precipitation parameters as a monthly activity in its progress schedule. As Work on the critical path is affected by precipitation, Contractor shall notify Owner and request that the days be moved to the affected activities. Any adverse weather days remaining shall be considered Project float available to either Owner or Contractor.

E. Adverse weather delay for precipitation shall be recognized for the actual period of time Contractor proves it was delayed by precipitation exceeding the specified parameters. For example, and not by way of limitation, if precipitation exceeding the specified parameters does not in fact delay Contractor’s progress on the critical path, then no time extension shall be recognized; and conversely, if Contractor proves to Owner’s satisfaction that precipitation exceeding the specified parameters causes delay to Contractor for a period longer than the number of precipitation days incurred (e.g., if it rains or snows during grading work), then Contractor shall be entitled to a time extension equal to the actual period of such delay.

F. During unfavorable weather, wet ground, or other unsuitable construction conditions, Contractor shall employ best practices to protect the Work, manage the construction site and rainwater during inclement weather. Persons performing the Work shall examine surfaces to receive their Work and shall report in writing to Contractor, with copy to Owner representative and the Architect conditions detrimental to the Work. Failure to examine and report discrepancies makes the Contractor responsible, at no increase in Contract Sum, for corrections Owner may require.

Commencement of Work constitutes acceptance of surface.

11.07 Liquidated Damages
A. Time is of the essence. Execution of Contract Documents by Contractor shall constitute its acknowledgement that Owner will actually sustain damages in the form of Contract administration expenses (such as Project management and consultant expenses) in the amount fixed in the Contract Documents for each and every Day during which completion of Work required is delayed beyond expiration of time fixed for completion plus extensions of time allowed pursuant to provisions hereof.

B. 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.

C. 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

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extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

ARTICLE 12 CLAIMS BY CONTRACTOR

12.01 Obligation to File Claims for Disputed Work
A. Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of this Contract, performance of the Contract, and/or compliance with Contract procedures, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (collectively, Disputed Work), then Contractor shall first follow procedures set forth in the Contract Documents (including, without limitation, Paragraphs 11.03, 11.04, 13.03 and 13.04 of this Document 00 7200 and Section 01 2600.) If a dispute remains, then Contractor shall give written notice to Owner that expressly invokes this Article 12. Owner shall decide the issue in writing within 15 days; and Owner’s written decision shall be final and conclusive. If Contractor disagrees with Owner’s decision, or if Contractor contends that Owner failed to provide a decision timely, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim within the time limits set forth in Paragraph 12.02 of this Article setting forth Contractor’s position as required herein.

B. Duty to Work During Disputes. Notwithstanding any dispute or Disputed Work, Contractor shall continue to prosecute the Work and the Disputed Work in accordance with the Owner’s determinations. Contractor’s SOLE AND EXCLUSIVE REMEDY for Disputed Work is to file a written claim within the time limits set forth in Paragraph 12.02 of this Article setting forth Contractor’s position as required herein.

12.02 Form and Contents of Claim
A. Contractor’s written claim must identify itself as a Claim under this Article 12 and must include the following: (i) a narrative of pertinent events; (ii) citation to contract provisions; (iii) theory of entitlement; (iv) complete pricing of all cost impacts; (v) a Time Impact Evaluation of all time delays that shows actual time impact on the critical path; (vi) documentation supporting items (i) through (v); and (vii) a verification under penalty of perjury of the claim’s accuracy. The Claim shall be submitted to Owner within thirty (30) calendar days of receiving Owner’s written decision, or the date Contractor contends such decision was due, and shall be priced like a change order according to Section 01 2600, and must be updated monthly as to cost and entitlement if a continuing claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a claim. Contractor shall bear all costs incurred in the preparation and submission of a claim.

B. Regarding delay and impact costs of any nature, Contractor may not seek delay compensation for on-Site or off-Site costs based on formulas, e.g., “Eichleay” or other formula. Rather, Contractor shall prove actual costs resulting from such delays. If Contractor requests compensation for delay to the construction, then Contractor shall prove and document actual costs plus markup per the cost categories and procedures in Section 01 2600 (Modification Procedures) in order to request, claim or prove compensation for delay.

12.03 Administration During/After Claim Submission
A. Owner may render a final determination based on the Claim or may in its discretion conduct an administrative hearing on Contractor’s claim, in which case Contractor shall appear, participate, answer questions and inquiries, and present any further evidence or analysis requested by Owner prior to rendering a final determination. Should Owner take no action on the Claim within 45 days of submission, it shall be deemed denied.

B. Notwithstanding and pending the resolution of any claim or dispute, Contractor shall diligently prosecute the disputed work to final completion in accordance with Owner’s determination.

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C. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. See Section 01 4100.

12.04 Compliance
A. The provisions of this Article 12 constitute a non-judicial claim settlement procedure that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to submission of a valid Government Code Claim under the Government Code. Contractor shall bear all costs incurred in the preparation, submission and administration of a claim. Any claims presented in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the claims procedure herein and the previous dispositions under Paragraph

12.03 above of the claims asserted. No suit may be brought against Owner arising out of or in connection with the Project unless and until Contractor presents to Owner a statutory Government Code Claim, in accordance with Government Code Sections 910, et seq. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial completion or termination of the contract, whichever occurs first; in all other respects, the Government Code shall apply unchanged.

B. Failure to submit and administer claims as required in Article 12 shall waive Contractor’s right to claim on any specific issues not included in a timely submitted claim. Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this Article 12 may not be asserted in any subsequent litigation, Government Code Claim, or legal action.

C. Contractor shall present as its claims all Subcontractor, sub-Subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. Owner shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project.

D. Owner shall not be deemed to waive any provision under this Article 12, if at Owner’s sole discretion, a claim is administered in a manner not in accord with this Article 12. Waivers or modifications of this Article 12 may only be made a signed change order approved as to form by legal counsel for both Owner and Contractor; oral or implied modifications shall be ineffective.

12.05 Mediation
A. All Contractor claims not otherwise subject to Public Contract Code Sections 20104, et seq., shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in Foster City, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 20 years’ experience in the construction industry.

B. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. All unresolved Contractor claims shall be submitted to the same mediator. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010, et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will have jurisdiction to resolve any discovery disputes relating to the Mediation.

ARTICLE 13 UNDERGROUND CONDITIONS

13.01 Contractor to Locate Underground Facilities

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A. During construction, Contractor shall comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, an excavator planning to conduct an excavation shall notify the appropriate regional notification center of the excavator’s intent to excavate at least two working days, and not more than 14 calendar days, before beginning that excavation. The date of the notification shall not count as part of the two- working-day notice. If an excavator gives less notice than the legal excavation start date and time and the excavation is not an emergency, the regional notification center will take the information and provide a ticket, but an operator has until the legal excavation start date and time to respond.

However, an excavator and an operator may mutually agree to a different notice and start date.

The contact information for operators notified shall be available to the excavator.” B. Contractor shall contact USA, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide Owner with copies of all USA records secured by Contractor. Contractor shall advise Owner of any conflict between information provided in Document 00 3132 (Geotechnical Data and Existing Conditions), the Drawings and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract Documents.

C. Contractor shall also investigate the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, manholes, new asphalt, meters and junction boxes, on or adjacent to the Site, even if not shown or indicated in Existing Conditions Data, Contract Documents, or USA records, or discovered during Contractor’s pre- or post-bid investigation. Contractor shall immediately secure all such available information and notify Owner and the utility owner, in writing, of its discovery.

13.02 Contractor to Protect Underground Facilities
A. At all times during construction, all operating Underground Facilities shall remain in operation, unless the Contract Documents expressly indicate otherwise. Contractor shall maintain such Underground Facilities in service where appropriate; shall repair any damage to them caused by the Work; and shall incorporate them into the Work, including reasonable adjustments to the design location (including minor relocations) of the existing or new installations. Contractor shall take immediate action to restore any in service installations damaged by Contractor’s operations.

B. Prior to performing Work at the Site, Contractor shall lay out the locations of Underground Facilities that are to remain in service and other significant known underground installations indicated by the Existing Conditions Data, Contract Documents, USA records, or any material otherwise reasonably available to Contractor or discovered during Contractor’s pre- or post-bid investigations. Contractor shall further locate, by carefully excavating with small equipment, potholing and principally by hand, all such utilities or installations that are to remain and that are subject to damage. If additional utilities whose locations are unknown are discovered, Contractor shall immediately report to Owner for disposition of the same. Additional compensation or extension of time on account of utilities not shown or otherwise brought to Contractor’s attention, including reasonable action taken to protect or repair damage, shall be determined as provided in this Document 00 7200.

C. If during construction, an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, indicated, or discovered in the materials and investigations described in Paragraph 13.02B, above, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven Days), and prior to performing any Work in connection therewith (except in an emergency), identify the owner of such Underground Facility and give written notice to that owner and to Owner. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including, without limitation, Existing Conditions Data, and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract Documents or reasonably available information, or indicated by visual observation including, without limitation, and by way of example only, through

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performance of all pre-Bid investigations required by this Document 00 7200 and Bidding Documents and post-Bid investigations required by this Document 00 7200, and by engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.

E. 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. Owner will compensate for the cost of locating and repairing damage not due to Contractor’s failure to exercise reasonable care, removing and relocating such main or trunk line utility facilities not indicated in the Contract Documents or information made available for bidding with reasonable accuracy, and equipment on the Project necessarily idled during such Work. Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of Owner or the utility to provide for removal or relocation of such utility facilities.

13.03 Concealed or Unknown Conditions
A. If either of the following conditions is encountered at Site when digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall give a written Notice of Differing Site Conditions to Owner promptly before conditions are disturbed, except in an emergency as set forth in this Document 00 7200, and in no event later than seven Days after first observance of:

1. Subsurface or Latent physical conditions which differ materially from those indicated in the Contract Documents; or

2. Unknown physical conditions of an unusual nature or which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

B. In response to Contractor’s Notice of Differing Site Conditions under this Paragraph, Owner will investigate the identified conditions, and if they differ materially and cause increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, Owner will negotiate the appropriate change order following the procedures set forth in the Contract Documents. If Owner determines that physical conditions at the Site are not Latent or are not materially different from those indicated in Contract Documents or that no change in terms of the Contract Documents is justified, Owner will so notify Contractor in writing, stating reasons (with Contractor retaining its rights under Article 12 of this Document 00 7200.) C. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed Latent or materially different Site conditions (whether above or below grade) if Contractor knew or should have known of the existence of such conditions at the time Contractor submitted its Bid, failed to give proper notice, or relied upon information, conclusions, opinions or deductions of the kind that the Contract Documents preclude reliance upon.

D. Regarding Underground Facilities, Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by Owner only where the Underground Facility:

1. Was not shown or indicated in the Contract Documents or in the information supplied for bidding purposes or in information on file at USA; and

2. Contractor did not know of it; and

3. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available. (For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then an increase in the Contract Sum or an extension of the Contract Time will not be due, even if the Underground Facility was not indicated in the

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Contract Documents, in the information supplied to Contractor for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor.) E. Contractor shall bear the risk that Underground Facilities not owned or built by Owner may differ in nature or locations shown in information made available by Owner for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor. Underground Facilities are inherent in construction involving digging of trenches or other excavations on Owner’s Project, and Contractor is to apply its skill and industry to verify the information available.

F. Contractor’s compensation for claimed Latent or materially different Site conditions shall be limited to the actual, reasonable, incremental increase in cost of that portion of the Work, resulting from the claimed Latent or materially different Site conditions. Such calculation shall take into account the estimated value of that portion of the Work and the actual value of that portion of the Work, using for guidance Contractor’s or its subcontractor’s bid amount and actual amounts incurred for that portion of the Work and the reasonable expectation (if any) of differing or difficult site conditions in the Work area based on the available records and locale of the Work. For example, if Contractor excavates in an area unexpected, then such costs would be recoverable entirely; while if Contractor extends an existing excavation, then such costs would be recoverable if the resulting excavation costs in that work area exceeded the reasonable expectations therefore.

13.04 Notice of Hazardous Waste or Materials Conditions A. Contractor shall give a written Notice of Hazardous Materials Condition to Owner promptly, before any of the following conditions are disturbed (except in an emergency as set forth in this Document 00 7200), and in no event later than 24 hours after first observance of any:

1. Material that Contractor believes may be hazardous waste or hazardous material, as defined in Section 25117 of the California Health and Safety Code (including, without limitation, Asbestos, lead, PCBs, petroleum and related hydrocarbons, and radioactive material) that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law (hazardous material); or

2. Other material that may present an imminent substantial danger to persons or property exposed thereto in connection with Work at the Site (other materials).

B. Except as otherwise provided in the Contract Documents or as provided by applicable law, Contractor shall not be required to give any notice for the disturbance or observation of any such hazardous materials or other materials where such matter is disturbed or observed as part of the scope of Work under the Contract Documents (such as hazardous waste or hazardous material investigation, remediation or disposal activities which are identified as the subject of Work under the Contract Documents), where Contractor complies with all requirements in the Contract Documents and applicable law respecting such materials.

C. Contractor’s Notice of Hazardous Materials Condition shall indicate whether the hazardous materials or other materials were shown or indicated in the Contract Documents to be within the scope of Work, and whether the hazardous materials or other materials were brought to the Site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is responsible.

D. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed hazardous waste or materials if:

1. Contractor knew of the existence of such hazardous materials or other materials at the time Contractor submitted its Bid; or

2. Contractor should have known of the existence of such hazardous material or other materials as a result of its having the responsibility to obtain additional or supplementary examinations, investigation, explorations, tests, studies, and data concerning the conditions at or contiguous to the Site prior to submitting its Bid; or

3. Contractor failed to give the written notice within the required timeframe set forth below.

E. If Owner determines that conditions involve hazardous materials or other materials and that a change in Contract Document terms is justified, Owner will issue either a Request for Proposal or Construction Change Directive under the procedures described in the Contract Documents. If

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Owner determines that conditions do not involve hazardous materials or other materials or that no change in Contract Document terms is justified, Owner will notify Contractor in writing, stating the reasons for its determination.

F. In addition to the parties’ other rights under this Document 00 7200, if Contractor does not agree to resume Work based on a reasonable belief that it is unsafe, or does not agree to resume Work under special conditions, Owner may order the disputed portion of Work deleted from the Work, or performed by others, or Owner may invoke its right to terminate Contractor’s right to proceed under the Contract Documents in whole or in part, for convenience or for cause as the facts may warrant.

G. If Contractor does not agree with any Owner determination of any adjustment in the Contract Sum or Contract Time under this Article, Contractor may make a claim as provided in Article 12 of this Document 00 7200.

ARTICLE 14 LEGAL AND MISCELLANEOUS

14.01 Laws and Regulations
A. Contractor shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders of any properly constituted authority affecting the Contract Documents, Work and persons connected with Work, and shall protect and indemnify Owner and its officers, employees, consultants and agents against any claim or liability, including attorney’s fees, arising from or based on violation of law, ordinance, regulation or order, whether by Contractor or by Subcontractors, employees or agents. Authorized persons may at any time enter upon any part of Work to ascertain compliance of all applicable laws, ordinances, regulations and orders.

14.02 Permits and Taxes
A. Contractor shall procure all permits and licenses applicable to the Work (including environmental matters to the extent applicable); pay all charges and fees, including fees for street opening permits; comply with, implement and acknowledge effectiveness of all permits; initiate and cooperate in securing all required notifications or approvals therefore; and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein.

Owner will pay applicable building permits, sanitation and water fees for the completed construction, except as otherwise provided in the Contract Documents. Contractor shall pay all sales and/or use taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against equipment or other property used in connection with Work, without any increase in the Contract Sum. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads, and other works in advance of operations, even where Owner may have already obtained permits for the Work.

14.03 Communications and Information Distribution
A. All communications recognized under the Contract Documents shall be in writing, in the form of a serialized document, by type of communication. For example, RFIs shall be serialized beginning with RFI No. 1; payment applications shall be serialized beginning with Payment Application No. 1, submittals shall be serialized per specification section and transmitted with transmittal sheets beginning with Transmittal No. 1; and correspondence shall be serialized beginning with letter No.

1. Contractor may propose other record management and identification systems or protocols, intended to facilitate orderly transmittal of project information, storage and retrieval of such information, which Owner will review consistent with these stated objectives, and accept or reject in its sole discretion.

B. Documents Requiring Signatures. All documents requiring signatures for approval prior to implementing action, as stipulated in other portions of Contract Documents, shall require a manually signed, serialized letter delivered to the other party at its address for notice otherwise specified in the Contract Documents, either personally or by mail.

C. Electronic data transfer of such correspondence will serve to expedite preliminary concurrence of information, only. Receipt of “hard copy” signature on forms is required prior to implementing action or work as the conditions may require. For example, change orders and authorizations for

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extra cost, require signatures. A party may acknowledge receipt of PDF copies of required correspondence by e-mail, but in the absence of such acknowledgment, mail or personal delivery is required.

D. All emails shall be copied to Owner’s and Contractor’s Project Representative. Owner reserves the right to preclude e-mail communication, in whole or in part, as Project needs may require.

Communication between Owner and Contractor shall not be via Twitter, Facebook, or other types of instant text message systems. Any such communications shall be inadmissible for any purpose related to this Contract.

14.04 Suspension of Work
A. Owner may, without cause, order Contractor in writing to suspend, delay or interrupt Work in whole or in part for such period of time as Owner may determine. An adjustment shall be made for increases in cost of performance of Work of the Contract Documents caused by any such suspension, delay or interruption, calculated using the measures set forth in Section 01 2600 (Modification Procedures). No adjustment shall be made to extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible.

14.05 Termination of Contract for Cause
A. Owner may declare Contractor in default and terminate Contractor’s right to proceed under the Contract Documents, for cause, should Contractor be the subject of a voluntary or involuntary petition in bankruptcy or admit in writing its inability to pay debts as they may become due. The Contractor shall be in default of the Contract Documents and Owner may terminate the Contractor's right to proceed under the Contract Documents, for cause, in whole or in part, should the Contractor commit a material breach of the Contract Documents and not cure such breach within ten (10) calendar days of the date of notice from Owner to the Contractor demanding such cure; or, if such breach is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for the Contractor to avail itself of a time period in excess of 10 calendar days, the Contractor must provide Owner within the ten (10) day period with a written cure plan acceptable to Owner that demonstrates actual resources, personnel and a schedule to promptly to cure said breach, and then diligently commence and continue such cure according to the written plan) B. If Owner at any time reasonably believes that Contractor is or may be in default under the Contract Documents as provided above, then Owner may in its sole discretion notify Contractor of this fact and request written assurances from Contractor of performance of Contract Documents and a written plan from Contractor to remedy any default under the terms of Contract Documents that Owner may advise Contractor of in writing. Contractor shall, within ten (10) Days of Owner’s request, deliver a written cure plan that meets the requirements of the written cure plan as defined above. Failure of Contractor to provide such written assurances of performance and the required written cure plan within ten (10) Days of request will constitute a material breach of Contract Documents sufficient to justify termination for cause.

C. In the event of termination by Owner for cause as provided herein, the Contractor shall deliver to Owner possession of the Work in its then condition including, without limitation, all designs, engineering, Project records, cost data of all types, plans and specifications and contracts with vendors and subcontractors, all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing the Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the construction period. The Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Section shall not be interpreted to diminish any right that Owner may have to claim and recover damages for any breach of the Contract Documents or otherwise, but rather, the Contractor shall compensate Owner for all loss, cost, damage, expense, and/or liability suffered by Owner as a result of such termination and/or failure to comply with the Contract Documents.

D. In the event a termination for cause is later determined to have been made wrongfully or without cause, then the termination shall be treated as a termination for convenience, and the Contractor

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shall have no greater rights than it would have had following a termination for convenience. Any Contractor claim arising out of a termination for cause shall be made in accord with Article 12 herein. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by the Contractor.

14.06 Termination of Contract for Convenience
A. Owner may terminate performance of the Work under the Contract Documents in accordance with this clause in whole, or from time to time in part, whenever Owner shall determine that termination is in Owner’s best interest. Termination shall be effected by Owner delivering to the Contractor notice of termination specifying the extent to which performance of the Work under the Contract Documents is terminated, and the effective date of the termination.

B. Contractor shall comply strictly with Owner’s direction regarding the effective date of the termination, the extent of the termination, and shall stop work on the date and to the extent specified.

C. Contractor shall be entitled to a total payment on account of the Contract work so terminated measured by (i.) the actual cost to Contractor of Work actually performed, up to the date of the termination, with profit and overhead limited to twelve percent (12%) of actual cost of work performed, up to but not exceeding the actual contract value of the work completed as measured by the Schedule of Values and Progress Schedule, (ii.) offset by payments made and other contract credits. In connection with any such calculation, however, Owner shall retain all rights under the Contract Documents including, without limitation, claims, indemnities, or setoffs.

D. Under no circumstances may Contractor recover legal costs of any nature, nor may Contract recover costs incurred after the date of the termination.

14.07 Contingent Assignment of Subcontracts
A. Contractor hereby assigns to Owner each Subcontract for a portion of the Work, provided that:

1. The assignment is effective only after Owner’s termination of Contractor’s right to proceed under the Contract Documents (or portion thereof relating to that Subcontract) as set forth herein.

2. The assignment is effective only for the Subcontracts which Owner expressly accepts by notifying the Subcontractor in writing;

3. The assignment is subject to the prior rights, if any, of the Surety, obligated by Document 00 6113.13 (Construction Performance Bond) provided under the Contract Documents, where the Surety exercises its rights to complete the Contract;

4. After the effectiveness of an assignment, Contractor shall, at its sole cost and expense (except as otherwise provided in this Document 00 7200), sign all instruments and take all actions reasonably requested by Owner to evidence and confirm the effectiveness of the assignment in Owner; and

5. Nothing in this Paragraph shall modify or limit any of Contractor’s obligations to Owner arising from acts or omissions occurring before the effectiveness of any Subcontract assignment including, without limitation, all defense, indemnity and hold-harmless obligations arising from or related to the assigned Subcontract.

14.08 Remedies and Contract Integration
A. Subject to Contract Documents provisions regarding Contractor claims, claim review, and claim resolution, and subject to the limitations therein, the exclusive jurisdiction and venue for resolving all claims, counter claims, disputes and other matters in question between Owner and Contractor arising out of or relating to Contract Documents, any breach thereof or the Project shall be the applicable court of competent jurisdiction located in the State and County where the Project is located. All Owner remedies provided in the Contract Documents shall be taken and construed as cumulative and not exclusive; that is, in addition to each and every other remedy herein provided; and in all instances Owner shall have any and all other equitable and legal rights and remedies which it would have according to law.

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B. The Contract Documents, any Contract Modifications, Change Orders and Change Directives, as further described in Section 01 2600, shall represent the entire and integrated agreement between Owner and Contractor regarding the subject matters hereof and thereof and shall constitute the exclusive statement of the terms of the parties’ agreement. The Contract Documents, and any Contract Modifications and Change Orders, shall supersede any and all prior negotiations, representations or agreements, written or oral, express or implied, that relate in any way to the subject matter of the Contract Documents or written Modifications. Owner and Contractor represent and agree that, except as otherwise expressly provided in the Contract Documents, they are entering into the Contract Documents and any subsequent written Modification in sole reliance upon the information set forth or referenced in the Contract Documents or Contract Modifications; the parties are not and will not rely on any other information, which shall be inadmissible in any proceeding to enforce these documents.

C. Either party’s waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding.

D. Neither acceptance of the whole or any part of Work by Owner nor any verbal statements on behalf of Owner or its authorized agents or representatives shall operate as a waiver or modification of any provision of the Contract Documents, or of any power reserved to Owner herein nor any right to damages provided in the Contract Documents.

14.09 Interpretation
A. Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).

B. Contract Documents shall not be construed to create a contractual relationship of any kind between (i) Project Manager or any Owner’s representative and Contractor; (ii) Owner and/or its Representatives and a Subcontractor, sub-Subcontractor, or supplier of any Project labor, materials, or equipment; or (iii) between any persons or entities other than Owner and Contractor.

14.10 Patents
A. Fees or claims for any patented invention, article or arrangement that may be used upon or in any manner connected with performance of the Work or any part thereof shall be included in the Bid price for doing the Work. Contractor shall defend, indemnify and hold harmless Owner and each of its officers, employees, consultants and agents including, without limitation, the Board and each Owner’s Representative, from all damages, claims for damages, costs or expenses in law or equity, including attorney’s fees, arising from or relating to any claim that any article supplied or to be supplied under the Contract Documents infringes on the patent rights, copyright, trade name, trademark, service mark, trade secret or other intellectual property right of any person or persons or that the person or entity supplying the article does not have a lawful right to sell the same.

Such costs or expenses for which Contractor agrees to indemnify and hold harmless the above indemnities include but are not limited to any and all license fees, whether such fees are agreed by any indemnitee or ordered by a court or administrative body of any competent jurisdiction.

14.11 Substitution for Patented and Specified Articles

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A. Except as noted specifically in Document 00 2113 (Instructions to Bidders) or in Contract Documents, whenever in Specifications, material or process is designated by patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words “or Approved Equal.” Contractor may offer any substitute material or process that Contractor considers “Equal” in every respect to that so designated and if material or process offered by Contractor is, in opinion of Owner, Equal in every respect to that so designated, its use will be approved. However, Contractor may utilize this right only by timely submitting Document 00 6325 (Substitution Request Form) as provided in Document 00 2113 (Instructions to Bidders). A substitution will be approved only if it is a true “or Equal” item in every aspect of its design and quality including, without limitation, its dimensions, weights, service requirements, durability, functioning, impact on contiguous construction elements, overall schedule and design.

14.12 Interest of Public Officers
A. No representative, officer, or employee of Owner no member of the governing body of the locality in which the Project is situated, no member of the locality in which Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project, during the tenure of the official or for one year thereafter, shall, as principal, agent, attorney or otherwise, be directly or indirectly interested, in the Contract Documents or the proceeds thereof.

14.13 Limit of Liability
A. OWNER, AND EACH OF ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, CONSULTANTS

AND AGENTS INCLUDING, WITHOUT LIMITATION, PROJECT MANAGER AND EACH OTHER

OWNER REPRESENTATIVE, SHALL HAVE NO LIABILITY TO CONTRACTOR FOR SPECIAL,

CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EXCEPT TO THE LIMITED EXTENT THAT

THESE CONTRACT DOCUMENTS OR APPLICABLE PUBLIC CONTRACTING STATUTES MAY SPECIFY THEIR RECOVERY.

14.14 Public Records Act.

A. Contractor is aware that this Contract 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 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.

ARTICLE 15 WORKING CONDITIONS AND PREVAILING WAGES

15.01 Use of Site/Sanitary Rules
A. All portions of the Work shall be maintained at all times in neat, clean and sanitary condition.

Contractor shall furnish toilets for use of Contractor’s and Subcontractors’ employees on the Site where needed, and their use shall be strictly enforced. All toilets shall be properly secluded from public observation, and shall be located, constructed and maintained subject to Owner’s approval.

B. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Site and land areas identified in and permitted by Contract Documents and other land and areas permitted by applicable laws and regulations, rights of way, permits and easements or as designated by Owner, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, any improvement located thereon, or to Owner or occupant thereof resulting from the performance of Work.

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C. During the progress of the Work, Contractor shall keep the Site and the Project free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, Contractor shall clean the site, remove all waste materials, rubbish and debris from and about the Site as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the premises clean and ready for occupancy by Owner at Substantial Completion of Work. Contractor shall restore to original condition all property not designated for alteration by Contract Documents.

D. Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner that will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. Contractor shall conduct all necessary existing conditions investigation regarding structural, mechanical, electrical or any other system existing, shall perform Work consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the Work.

15.02 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.

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 any City, County and/or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work shall be obtained and paid for by the Contractor before executing the work within such right-of-ways.

15.03 Responsibility For Safety and Health
A. Contractor shall ensure that its and each tier of Subcontractors’ employees, agents and invitees comply with applicable health and safety laws while at the Site. These laws include the Occupational Safety and Health Act of 1970 and rules and regulations issued pursuant thereto, and Owner’s safety regulations as amended from time to time. Contractor shall comply with all Owner directions regarding protective clothing and gear.

B. Contractor shall be fully responsible for the safety of its and its Subcontractors’ employees, agents and invitees on the Site. Contractor shall notify Owner, in writing, of the existence of

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hazardous conditions, property or equipment at the Site that are not under Contractor’s control.

Contractor shall be responsible for taking all the necessary precautions against injury to persons or damage to the property of Contractor, Subcontractors or persons from recognized hazards until the responsible party corrects the hazard.

C. Contractor shall confine all persons acting on its or its Subcontractors’ behalf to that portion of the Site where Work under the Contract Documents is to be performed, Owner-designated routes for ingress and egress thereto, and any other Owner-designated area. Except those routes for ingress and egress over which Contractor has no right of control, within such areas, Contractor shall provide safe means of access to all places at which persons may at any time have occasion to be present.

15.04 Emergencies
A. In emergencies affecting the safety or protection of persons or Work or property at the Site or adjacent thereto, Contractor, without special instruction or authorization from Owner, is obligated to act to prevent threat and damage, injury or loss, until directed otherwise by Owner. Contractor shall give Owner prompt written notice if Contractor believes that any significant changes in Work or variations from Contract Documents have been caused thereby. If Owner determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order or Construction Change Directive will be issued to document the consequences of such action.

15.05 Use of Roadways and Walkways
A. Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for vehicular or pedestrian traffic. Before beginning any interference and only with Owner’s prior concurrence, Contractor may provide detour or temporary bridge for traffic to pass around or over the interference, which Contractor shall maintain in satisfactory condition as long as interference continues. Unless otherwise provided in the Contract Documents, Contractor shall bear the cost of these temporary facilities.

15.06 Nondiscrimination
A. No person or entity shall discriminate in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in Government Code Section 12940. Every contractor for public works violating the provisions of Labor Code Section 1735 is subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the California Labor Code.

15.07 Prevailing Wages and Working Hours
A. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (i) work of a similar character in the locality in which the Work is performed and (ii) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site.

B. Contractor shall forfeit, as a penalty to Owner, $200.00 for each laborer, worker, or mechanic employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof, that such laborer, worker or mechanic is paid less than the said stipulated rates for any Work done under the Contract Documents by him or her or by any Subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the Labor Code. The sums and amounts that are forfeited pursuant to this Paragraph and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under the Contract Documents, pursuant to this Document 00 7200 and the Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation

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by either the State Department of Industrial Relations or by Owner. The Labor Commissioner pursuant to Labor Code Section 1775 shall determine the final amount of forfeiture.

C. Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of Work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code.

D. Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation, Labor Code Sections 1776 and 1810-1815. Failure to so comply shall constitute a default under this Contract.

E. Contractor and its Subcontractors shall be responsible for compliance with Labor Code Sections 1810-1815.

1. Eight hours of labor performed in execution of the Contract constitutes a legal day’s work.

The time of service of any worker employed on the Project is limited and restricted to 8 hours during any one calendar day, and 40 hours during any one calendar week.

2. Contractor and its Subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the Project. The record shall be kept open at all reasonable hours to the inspection Owner and to the Division of Labor Standards Enforcement.

3. Contractor or its Subcontractors shall, as a penalty to Owner, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract Documents by the respective Contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code Sections 1810-1815.

4. Work performed on the Project by employees of Contractor or its Subcontractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

F. Contractor and its Subcontractors shall be responsible for compliance with Labor Code Section 1776. This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.

1. Contractor and Subcontractors must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work of the Contract Documents. Each payroll record shall contain or be verified by a written declaration as required by Labor Code Section 1776.

2. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor as required by Labor Code Section 1776.
(a) Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
(b) Contractor or Subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated above. In the event that the Contractor or Subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to Owner on whose behalf the contract is made or awarded, forfeit $100.00 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Contractor is not

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subject to a penalty assessment pursuant to this Paragraph due to the failure of a Subcontractor to comply with this Paragraph.

3. With each payment application, Contractor shall also deliver certified payrolls to Owner as set forth above in this Document 00 7200 (General Conditions), and concurrently therewith (but in no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner.

4. Contractor shall post all jobsite notices if and when prescribed by regulation.

15.08 Environmental Controls
A. Contractor shall comply with all rules, regulations, ordinances, and statutes that apply to any Work performed under the Contract Documents including, without limitation, any toxic, water, stormwater management and soil pollution controls and air pollution controls specified in Government Code Section 11017. Contractor shall be responsible for insuring that Contractor’s Employees, Subcontractors, and the public are protected from exposure to airborne hazards or contaminated water, soil, or other toxic materials used during or generated by activities on the Site or associated with the Project.

15.09 Shoring Safety Plan
A. Any conflict between this Paragraph and the Technical Specifications shall be resolved in favor of the most stringent requirement.

B. At least five Days in advance of any excavation five feet or more in depth, Contractor shall submit to Owner a detailed plan showing the shoring, bracing and sloping design (including calculations) and other provisions to be made for worker protection from the hazard of caving ground during the excavation, as required by Labor Code Section 6705. A civil or structural engineer registered in California shall prepare and sign any plan that varies from the shoring system standards established by the State Construction Safety Orders.

C. During the course of Work, Contractor shall be responsible for determining where sloping, shoring, and/or bracing is necessary and the adequacy of the design, installation, and maintenance of all shoring and bracing for all excavation, including any excavation less than five feet in depth. Contractor will be solely responsible for any damage or injuries that may result from excavating or trenching. Owner’s acceptance of any drawings showing the shoring or bracing design or Work schedule shall not relieve Contractor of its responsibilities under this Paragraph.

D. Appoint a qualified supervisory employee who shall be responsible to determine the sloping or shoring system to be used depending on local soil type, water table, stratification, depth, etc.

END OF DOCUMENT

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DOCUMENT 00 7316
SUPPLEMENTAL CONDITIONS – INSURANCE AND INDEMNIFICATION ARTICLE 1 INSURANCE

1.01At or before the date specified in Document 00 2113 (Instructions to Bidders), Contractor shall furnish to Owner satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following classes of insurance in the form and with limits and deductibles specified below, unless otherwise specified in Contract Documents:

A. Comprehensive General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage not less than that of a Standard Commercial General Liability Insurance policy (Occurrence Form). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations for one year after Final Completion and acceptance of the final payment for the Work, contractual liability, and coverage for explosion, collapse, and underground hazards. The limits of such insurance shall not be coverage of less than $5,000,000 each occurrence, $5,000,000 general aggregate limit, and $5,000,000 aggregate for products and completed operations. The policy shall be endorsed to provide Broad Form Property Damage Coverage.

B. Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles.

Such insurance shall provide coverage not less than the standard Comprehensive Automobile Liability policy with limits not less than [$2,000,000] each person Bodily Injury, [$2,000,000] each occurrence Bodily Injury, and [$2,000,000] each occurrence Property Damage.

C. All-Risk Course of Construction Insurance including damage to property owned by Owner, Contractor or third parties caused by fire. Insurance shall be in the amount of 100 percent of the completed value of the Work to be performed under this Contract. Deductible shall not exceed [$10,000]. Each loss shall be borne by Contractor.

D. Workers’ Compensation Insurance for all persons whom the Contractor may employ in carrying out Work contemplated under Contract Documents, in accordance with the Act of Legislature of State of California, known as “Workers’ Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount.

E. Any deductibles or self-insured retentions must be declared to and approved by the City/EMID. At the option of the City/EMID, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City/EMID, their officers, officials, employees, and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City/EMID guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

1.02If Contractor normally carries insurance in an amount greater than the minimum amounts required by Owner in Paragraph 1.01 above, that greater amount shall become the minimum required amount of insurance for purposes of the Contract. Therefore, Contractor hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Contract.

1.03All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) for all insurance policies except Workers’ Compensation shall have an A. M. Best Company rating of [A-, VIII] or better, unless otherwise specified in Contract Documents. Required minimum amounts of insurance may be increased should conditions of Work, in opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

1.04Required Endorsements: The policies required under Document 00 7200 (General Conditions) and this Document 00 7316 (including any umbrella or excess liability policy(ies)) shall be endorsed as follows and provided prior to execution of the Contract Documents.

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A. Commercial General Liability Endorsement
Contractor shall furnish to the City the “Commercial General Liability Endorsement” as provided in this Document 00 7316. The preferred form is a CG 20 10 11 85, but the Contractor may substitute an alternative endorsement, with prior approval by the City/EMID, provided the endorsement references “your work” and contains the following minimum specific components:

1. The insurance policy number.

2. A statement that includes the following language: “The City of Foster City and the Estero Municipal Improvement District, including the officers, officials, employees, and volunteers, are included as insureds.”

3. A statement acknowledging the insured's insurance as primary as respects the City of Foster City and the Estero Municipal Utility District and that any other insurance maintained by the City of Foster City and the Estero Municipal Utility District shall be in excess of the insured's insurance and shall not be called upon to contribute with it.

4. A statement that the policy shall not be canceled except after thirty (30) days prior written notice to the City of Foster City/Estero Municipal Improvement District.

5. An original, authorized signature.

6. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

An alternative to the submission of a CG 20 10 11 85 form is available. A CG 20 10 10 01 or a CG 20 33 10 01 (or similarly worded document) along with a CG 20 37 10 01 will be acceptable in lieu of a CG 20 10 11 85 form.

Note: Policies that include endorsement numbers CG 22 94 10 01 and/or CG 22 95 10 01, or have the endorsement wording written into the policy language, are not acceptable.

B. Automobile Liability Special Endorsement
Contractor shall furnish to the City/EMID the “Automobile Liability Special Endorsement” as provided in this Document 00 7316. The Contractor may substitute an alternative endorsement with prior approval by the City/EMID, provided the endorsement contains the following minimum specific components:

1. The insurance policy number.

2. A statement that includes the following language: “The City of Foster City and the Estero Utility District, including their officers, officials, employees, and volunteers, are included as insureds.”

3. A statement acknowledging the insured's insurance as primary as respects the City of Foster City and the Estero Utility District and that any other insurance maintained by the City of Foster City and the Estero Utility District shall be in excess of the insured's insurance and shall not be called upon to contribute with it.

4. A statement that the policy shall not be canceled except after thirty days prior written notice to the City of Foster City/Estero Municipal Improvement District.

5. An original, authorized signature.

6. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto).

C. Workers' Compensation and Employer's Liability Special Endorsement

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Contractor shall furnish to the City/EMID the “Workers' Compensation and Employer's Liability Special Endorsement” as provided in this Document 00 7316. The Contractor may substitute an alternative endorsement with prior approval by the City/EMID, provided the endorsement contains the following minimum specific components:

1. A waiver of subrogation clause which states the following:
“This insurance company agrees to waive all rights of subrogation against the City of Foster City and the Estero Utility District, their officers, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work performed by the named insured for Foster City/Estero Municipal Utility District.”

2. The insurance policy number.

3. A statement that the policy shall not be canceled except after thirty days prior written notice to the City of Foster City/Estero Municipal Improvement District.

4. An original, authorized signature.

5. Contractor shall maintain limits for employer's liability no less than $1,000,000 per accident for bodily injury or disease.

As an alternative, the City/EMID will accept State Compensation Insurance Fund endorsement documentation in lieu of the form of endorsement provided in this Document 00 7316, provided that the documentation contains State Fund endorsement numbers 2065 and 2570.

D. Each such policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of the insurance company’s liability required hereunder.

Should any of the policies identified herein contain a “cross-suits” exclusion, such exclusion must not apply to any additional insureds.

E. Contractor or its insurance broker shall submit to Owner a copy of the “Declarations Page” for each policy identified under Paragraph 1.01 above. The Declarations Page shall include the name of the insurance carrier, the applicable policy number, the types of coverage and limits of insurance provided, the effective date(s) of the policy, the insurance broker’s name and license number, and a list of all coverage forms and endorsements.

F. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner as an additional insured.

The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

1.05Certificates of insurance and endorsements shall have clearly typed thereon Owner Contract Number and title of Contract Documents. Written notice of cancellation, non-renewal, or reduction in coverage of any policy shall be mailed to Owner (Attention: Owner Risk Manager / Purchasing Agent) at the address listed in Document 00 5200 (Agreement), 60 Days in advance of the effective date of the cancellation, non-renewal, or reduction in coverage. Written notice of cancellation for non-payment shall be mailed within 10 Days of cancellation. Contractor shall maintain all insurance in full force and effect during entire period of performance of Contract Documents, including warranty and guarantee periods. However, Contractor may discontinue All-Risk Course of Construction Insurance after Final Payment and shall maintain General Liability Insurance throughout the entire Extended Term specified Paragraph 1.01 above. At time of making application for extension of time, and during all periods exceeding the Contract Time resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time. Upon Owner’s request, Contractor shall submit to Owner, within 30 Days, copies of the actual insurance policies or renewals or replacements.

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1.06Contractor shall pay all insurance premiums, including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, Owner may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under Contract Documents.

1.07If injury occurs to any employee of Contractor, Subcontractor or sub-subcontractor for which the employee, or the employee’s dependents in the event of employee’s death, is entitled to compensation from Owner under provisions of the Workers’ Compensation Insurance and Safety Act, as amended, or for which compensation is claimed from Owner, Owner may retain out of sums due Contractor under Contract Documents, amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If Owner is compelled to pay compensation, Owner may, in its discretion, either deduct and retain from the Contract Sum the amount so paid, or require Contractor to reimburse Owner.

1.08Nothing herein shall be construed as limiting in any way the extent to which Contractor or any Subcontractor may be held responsible for payment of damages resulting from their operations.

1.09Except for Comprehensive General Liability Insurance, of which Subcontractors need only obtain [$1,000,000] in coverage, all Subcontractors shall maintain the same insurance required to be maintained by Contractor with respect to their portions of the Work unless otherwise indicated in Contract Documents, and Contractor shall cause the Subcontractors to furnish proof thereof to Owner within ten Days of Owner’s request.

1.10The following provisions apply to any licensed professional engaged by Contractor to perform portions of the Work (Professional).

A. Each Professional shall maintain the following insurance, unless otherwise specified in Contract Documents:

B. Professional Liability Insurance, insuring against professional errors and omissions arising from Professional’s Work on the Project, in an amount not less than [$1,000,000] combined single limit for each occurrence. If Professional cannot provide an occurrence policy, Professional shall provide insurance covering claims made as a result of performance of Work on this Project and shall maintain such insurance in effect for not less than two years following Final Completion of the Project.

1. Professional shall satisfy all other provisions of this Document 00 7316 relating to that insurance, including without limitation providing required insurance certificates (containing the required endorsements) before commencing its Work on the Project.

ARTICLE 2 RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION

2.01Owner and each of its officers, employees, consultants and agents including, without limitation, the Board, Project Manager and each Owner’s Representative, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.

2.02To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), Contractor shall defend, indemnify, and hold harmless, Owner and each of its officers, officials, employees, consultants and agents including, without limitation, the governing board, Project Manager and each Owner’s Representative, from claims, suits, actions, losses and liability of every kind, nature and description including, without limitation, claims and fines of regulatory agencies and attorney’s fees and consultant’s fees, directly or indirectly arising out of, connected with, or

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resulting from performance of the Work, failure to perform the Work, or condition of the Work that is caused in whole or part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, resulting from any cause whatsoever except for liability for loss, damage, or expense arising from Owner’s sole negligence, willful misconduct, or active negligence.

2.03With respect to third-party claims against Contractor, Contractor waives any and all rights to any type of express or implied indemnity including, without limitation, costs of defense, against Owner and each of its officers, officials, employees, consultants and agents including, without limitation, Owner, the governing board, Project Manager and each Owner’s Representative. Owner shall provide timely notice to Contractor of any third-party claim relating to the Contract Documents, in accordance with Public Contract Code Section 9201.

2.04Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.

2.05To the furthest extent permitted by law (including, without limitation, Civil Code §2782), the indemnities, releases of liability and limitations of liability, claims procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of Contract, passive negligence, fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents. If Contractor fails to perform any of these defense or indemnity obligations, Owner may in its discretion back charge Contractor for Owner’s costs and damages resulting therefrom and withhold such sums from progress payments or other Contract moneys which may become due.

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(CONTRACT AGREEMENT PACKAGE)
(Attach completed Contractor's Commercial General Liability “Certificate of Insurance” to this page)

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(Attach completed Contractor's “Commercial General Liability Endorsement” to this page.)

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(CONTRACT AGREEMENT PACKAGE)
(Attach completed Contractor's “Workers' Compensation and Employer's Liability Special Endorsement” to this page.)

END OF DOCUMENT

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DOCUMENT 00 7320

COVID REQUIREMENTS
ARTICLE 3 DEFINITIONS

3.01The following definitions apply to this Document 00 7320:

A. The 2019 novel coronavirus (including all variants) 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 Contractor (which for purposes herein includes all subcontractors and suppliers) and beyond its reasonable control, including without limitation COVID-19 Proclamations and supply chain disruptions due to COVID- 19, and other circumstances concerning COVID-19 not caused by Contractor and which are beyond its reasonable control.

C. A COVID-19 Proclamation includes without limitation 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, including without limitation the CDC, OSHA, Cal/OSHA, County or Owner, including without limitation the CalOSHA COVID-19 Prevention Emergency Temporary Standards.

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

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

E. An Unknown COVID-19 Cost is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable under the circumstances; (iii) is not the result of 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 the Project Site or in connection with performance of the Work.

ARTICLE 4 COVID-19 CONDITIONS AND BID.

4.01Contractor 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 Contractor’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, Contractor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition ARTICLE 5 COMPLIANCE WITH COVID-19 PROCLAMATIONS.

5.01Contractor shall comply with COVID-19 Proclamations in performance of the Work, irrespective of when the COVID-19 Proclamations are issued, and as they pertain to performance of the Work.

The cost of such compliance is non-compensable, except as otherwise expressly stated in this Document 00 7320.

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5.02Contractor 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 portion of the Work.

ARTICLE 6 DELAY.

6.01Contractor is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

ARTICLE 7 OWNER DIRECTED SUSPENSION.

7.01Owner may suspend work at the Project site due to COVID-19 health concerns, even though Contractor may be allowed to proceed with Work based on COVID-19 Proclamations. Owner may suspend the work for its convenience. 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.

ARTICLE 8 COMPENSATION FOR COVID-19 COSTS.

8.01Owner will reimburse Contractor for costs attributable to COVID-19, and which are not included in the Schedule of Values, only if the cost is an Unknown COVID-19 Cost ARTICLE 9 SAFE WORK PRACTICES.

9.01Contractor 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.

ARTICLE 10 MONITORING AND REPORTING.

10.01Owner may require 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 Fahrenheit and shortness of breath. Contractor shall immediately report to Owner any outbreaks of COVID-19 among its workers. Contractor shall not knowingly allow any worker who has tested positive with COVID-19 to enter an Owner building. In the event of an outbreak or an exposure to COVID-19, Owner may impose appropriate mitigation strategies which may be in consultation with the public health officer.

ARTICLE 11 PRECEDENCE.

11.01This Document 00 7320 shall take precedence over any other conflicting Contract Document.

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DOCUMENT 00 7380

APPRENTICESHIP PROGRAM AND SKILLED AND TRAINED WORKFORCE REQUIREMENTS ARTICLE 1 COMPLIANCE REQUIRED

1.01Contractor and Subcontractors shall comply with the requirements of Labor Code Sections 1776, 1777.5, and 1777.6 concerning the employment of apprentices by Contractor or Subcontractors.

Willful failure to comply may result in penalties, including loss of the right to Bid on or receive public works contracts.

ARTICLE 2 CERTIFICATION OF APPROVAL

2.01Labor Code Section 1777.5, as amended, requires a Contractor or Subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval. The certificate shall also fix the ratio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except:

A. When unemployment for the previous three month period in the area exceeds an average of 15 percent;
B. When the number of apprentices in training in the area exceeds a ratio of one to five; C. When a trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally; or
D. Assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.

ARTICLE 3 FUND CONTRIBUTIONS

3.01Contractor is required to make contributions to funds established for administration of apprenticeship programs if Contractor employs registered apprentices or journeypersons in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

ARTICLE 4 APPRENTICESHIP STANDARDS

4.01Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 5 APPRENTICESHIP STANDARDS

5.01Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 6 SKILLED AND TRAINED WORKFORCE REQUIREMENTS

6.01Contractor, if and to the extent otherwise required by law, shall meet the requirements of Public Contract Code § 2601(d) subject to certain exceptions set forth therein, that the required percentage of the skilled journeypersons or skilled journeyperson hours employed to perform work

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on the Project by the Contractor and all subcontractors are graduates of an apprenticeship program for the applicable apprenticeable occupation.
“Skilled Journeyperson” means a worker who either:

A. Graduated from an apprenticeship program for the applicable occupation that was approved by the Chief or apprenticeship program located outside California and approved for federal purposes, pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor.

B. Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program that is approved by the Chief.

A graduate of an apprenticeship program means either of the following:

C. An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council for completing an apprenticeship program approved by the Chief pursuant to Section 3075 pf the Labor Code; or
D. An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.

Pursuant to Public Contract Code section 2602 and if and to the extent otherwise required by law, Contractor shall certify that it, and all its contractors and subcontractors at every tier will comply with the Skilled and Trained Workforce Requirements of Public Contract Code Chapter 2.9 (Sections 2600 through 2603). Prime Contractor also understands and acknowledges that it shall provide the Owner a monthly report, in the form in Attachment A below or a substantially similar form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in Public Contract Code Chapter 2.9 (Sections 2600 through 2603). If Contractor fails to provide the monthly report, or a report that is incomplete, Owner will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Section 2600-2603 are hereby incorporated by reference and made a part of this agreement.

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Attachment A
Skilled and Trained Workforce Monthly Compliance Report DIRECTIONS: This form is required to be submitted by the Contractor for all contractors regardless of tier by the 15th of the following month for work performed corresponding to this reporting period. Items with a red asterisk (*) indicate a required field.

Project Title:
*Project Number:
*Prime Contractor:
*Subcontractor:
*Contact Name:
*Contact Number:

Month Year
Exceptions:*
*Work Month & Year:
*Report: Please fill out the following report of all apprenticeable occupations utilized in this reporting period.

SKILLED JOURNEYPERSON (SJ) REPORT
Number of Skilled
Journeypersons (SJ)
employed by the
contractor to perform
work on the project
Number of hours
worked by SJ employed
by the contractor to
perform work on the
project
*Apprenticeab
le Occupation
*Required
minimum
SJ:

Apprentic
e
Graduate
% (see 2nd
page
attachmen
t)
*SJ:

Apprentic
e
Graduate
*SJ: On-
The-Job
Experien
ce
SJ ratio
between
the
number
of SJ:

Apprentic
e
Graduate
s to SJ:

On-The-
Job
Experien
ce
Workers
*SJ:

Apprentic
e
Graduate
*SJ: On-
The- Job
Experien
ce
SJ ratio
of hours
worked
by SJ:

Apprentic
e
Graduate
s
compare
d with SJ:

On-The-
Job
Experien
ce
Workers
**EXAMPLE**
Laborer
40% 7 3 70% 30 70 30%
Terms Definitions
Apprentice Defined in Labor Code 3077
Skilled Journeyperson: Apprentice Graduate Defined in Public Contracts Code 2601 (e) (1) Skilled Journeyperson: On-The-Job-Experience Defined in Public Contracts Code 2601 (e) (2)

END OF DOCUMENT

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DOCUMENT 00 9113

ADDENDA

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT WATER TANKS AND FACILITIES IMPROVEMENTS PROJECT (CIP 405-660) SEISMIC IMPROVEMENTS AT LAGOON PUMP STATION PROJECT (CIP 301-690) The following Addenda were issued, modifying the Project Manual:

Addendum No. 1, issued on September 21, 2023
Addendum No. 2, issued on September 26, 2023
Addendum No. 2, issued on September 28, 2023
(Addenda have been incorporated into the conformed Project Manual.)

END OF DOCUMENT

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ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CONTRACT AMENDMENT NO. FOUR (4)
DATE: November 6, 2023 ACCOUNT NO.: 405-0910-660-4251 PROJECT: WATER TANK AND FACILITIES IMPROVEMENTS PROJECT (CIP 405-660)
TO: CONSOR NORTH AMERICA, INC. dba MURRAYSMITH, INC.

CHANGE REQUESTED BY: Consor North America, Inc. dba MurraySmith Inc. and the Estero Municipal Improvement District
Based on mutual agreement, the City of Foster City and Consor North America Inc. dba MurraySmith Inc. agree to amend the original Agreement dated August 5, 2019 (“Agreement”) pursuant to Section 17 of the Agreement to include the following additional services and compensation adjustments:

ORIGINAL CONTRACT AMOUNT
$ 393,013
AMOUNT OF CONTRACT TO DATE $ 677,416
AMOUNT OF CONTRACT AMENDMENT NO. FOUR (4) $ 121,270
Additional Services Compensation
Task 5 – Provide Construction Support

1. Increased estimated site visit and meetings (five to thirty nine) to cover weekly progress calls with contractor and increased site visits to oversee work progress.

2. Increased and added required specialty inspections to cover specification required inspections including coating (NACE Level 3), compaction, concrete, post installed anchors, welding (visual and x-ray), and laboratory testing of materials per project requirements. Additionally, inspection and site visits from design consultants for electrical and structural.

3. Added oversight including scheduling review (monthly), inspector report review and processing of coating and
welding inspections, and attending including Pre-Installation meeting, per technical specs.
$

116,662

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1 3
3 2

4. Increased estimated hours to be spent on submittals, RFIs, and CCOs based on final project documents and added
subconsultants (cathodic protection, seismic/structural, and electrical) effort in reviewing related submittals and possible CCOs..

5. Increased estimated hours for punchlist to match expected time spent on creating and coordinating punchlist.

6. Increased estimated hours for final inspection to match estimated construction scope.

7. Added project management scope to oversee project
controls (coordination, invoicing, bill tracking, etc.)

8. Added scope to review certified payroll and ensure labor compliance per CA law.

9. Increased hourly rates from 2019 to 2023-24 rates, which are attached hereto and hereinafter incorporated by
reference as Exhibit 1.

Task 6 – Prepare Record Drawings

1. Increased hourly rates from 2019 to 2023-24 rates, which are attached hereto and hereinafter incorporated by
reference as Exhibit 1.

Task 7 – Warranty Inspection

1. Increased hourly rates from 2019 to 2023-24 rates, which are attached hereto and hereinafter incorporated by
reference as Exhibit 1.
$
$
2,859
1,749
Subtotal $ 121,270
REVISED CONTRACT AMOUNT $ 798,686
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

Consor North America Inc. dba MurraySmith Inc. have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

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1 3
3 2
CONSULTANT: CONSOR NORTH AMERICA, INC. dba
MURRAYSMITH, INC.

LINDA SCROGGS, DATE

PRINCIPAL ENGINEER
APPROVAL RECOMMENDED:

RYAN MARQUEZ, DATE

PROJECT MANAGER
APPROVAL RECOMMENDED:
_____________________________________

ANDREW BROZYNA, DATE

DIRECTOR OF PUBLIC WORKS
APPROVED FOR DISTRICT:
_____________________________________

STEFAN CHATWIN, DATE

EMID DISTRICT MANAGER
ATTEST:

BY:

PRISCILLA SCHAUS,

DISTRICT SECRETARY
APPROVED AS TO FORM:

BY:

BENJAMIN STOCK,

DISTRICT GENERAL COUNSEL

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1 3
3 2
EXHIBIT NO. 1-2023-24 HOURLY RATES

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DATE: November 6, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
Dane Hutchings, Managing Director, Renne Public Policy Group (RPPG)
DEPARTMENT: City Manager
SUBJECT: DRAFT 2024 STATE LEGISLATIVE PLATFORM AND POLICY

RECOMMENDATION
It is recommended that the City Council, by Minute Order, review, discuss, and provide feedback on the attached Draft 2024 State Legislative Platform and Policy.

EXECUTIVE SUMMARY
State legislation has the potential to have direct and significant impacts on a city’s legal authority; fiscal, operational, and environmental stability. Active legislative engagement protects and enhances the interests of Foster City’s residents and businesses. A legislative platform and corresponding policy enable the City to proactively engage on a wide variety of state legislative proposals that may impact the City’s ability to operate effectively. The platforms convey to legislators, policymakers, and the public where the City stands on important policy issues and legislative proposals. Upon City Council approval, the platform will assist staff and the City’s legislative advocacy firm, RPPG, to respond swiftly to the rapidly changing nature of legislative proposals throughout the year.

Earlier this year, the City Council adopted its key priorities and initiatives for Calendar Year 2023. One of the goals that the Council identified was to establish a legislative platform to guide and advance the City’s advocacy efforts. A deliverable identified

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under this goal was to present a legislative platform and policy for Council consideration and adoption.

In August, City staff and RPPG held one-on-one deep dive sessions with each member of the Council for the purposes of developing the legislative platform. The ultimate goal was to craft a legislative platform that provides a framework that staff, and the consultant can continue to build upon each year. A primary takeaway from those meetings was the desire that staff bring back a reduced version of the platform for discussion versus the more comprehensive platform that was presented to Council in 2021.

As such, the 2024 Draft State Legislative Platform and Policy attached (Attachment 1) is a simplified version of what was presented to Council back in 2021. Should Council find the draft acceptable, staff proposes to bring back the final legislative platform and policy document for Council’s consideration and adoption as a consent item at the December 18, 2023, City Council Regular Meeting.

BACKGROUND/ANALYSIS
At its core, legislative advocacy is working with individual lawmakers both within the City’s legislative district and those throughout the state, committee staff, the Governor’s administration and regulatory officials to support the City’s cause, initiatives, goals, policies, and priorities.

A legislative platform is a set of guiding principles that reflects the overarching ideals and priorities of the Council. In 2023 alone, the State legislature introduced a total of 3,030 individual pieces legislative and budgetary items. Having a legislative platform is critical in the effectiveness of an overall legislative advocacy program as it provides broad policy statements that enables the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session while elevating those measures that fall within the scope of the platform. The practice of adopting a legislative platform and policy is commonplace for public agencies that wish to have a sustained and engaged presence in the State legislative process.

The platform is made up of policy statements, adopted by the City Council, that provides the framework for a city to respond to legislative issues of importance in a timely manner. A “legislative policy” is the procedure or approved process of adopting positions that align with the spirit of the legislative platform.

As noted previously, by adopting a legislative platform and policy, the City will enhance its ability to monitor, analyze, and respond to complex and swift moving legislation in a timely manner. Near the end of the legislative session each year, hundreds of bills are amended and move quickly through the process. Some of these bills could have detrimental effects or unintended consequences for public agencies. A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact Foster City.

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Additionally, it is important to recognize that the State legislative process does not face the same scrutiny and transparency requirements imposed on local government (e.g., Ralph M. Brown Act compliance). The State legislative cycle moves fast and does not comport with the local government deliberate process (e.g., bringing each bill of interest to the Council for review, and adoption of a formal position). Through the legislative platform, the Council would grant flexibility for staff and RPPG to continue to engage on legislation that aligns with and/or defends the principles of the Council-adopted legislative platform. Actions may include reissuance of city position letters, negotiating on specific amendments and actions to ensure the City’s position is well represented in State policies.

Earlier this year, the City Council adopted its key priorities and initiatives for the calendar year 2023. One of the goals that the Council identified was to establish a legislative platform to guide and advance the City’s advocacy efforts. A deliverable identified under this goal was to present a legislative platform and policy for Council consideration and adoption.

In August, City staff and RPPG held one-on-one deep dive sessions with each member of the Council as well as spent considerable time with department heads and the City Managers Office for the purposes of developing the legislative platform. Meetings primarily focused on the following:
•State policies that have an impact on departmental operations •Assessing major issues/projects/initiatives that Council deemed important to the City and its residents.
•How best RPPG can support the City’s legislative advocacy efforts.

Addressing the City Council’s top priorities requires a multi-layered approach.

Maintaining and updating the legislative platform is an important component for the City’s overall legislative advocacy program. As a living document, it is recommended that the City’s legislative platform be reviewed and amended every other year in conjunction with the beginning of each two-year legislative session. However, should Council express an interest to make adjustments sooner, the process can be conducted on an annual basis.

Sustained engagement would include allowing staff and by extension, RPPG, to update and reissue policy letters as legislation is amended, actively engage with the City’s legislative delegation and other stakeholders on legislation that the Council has adopted a position on, as well as negotiate on bills and seek amendments in legislation to best position the City.

Each legislative session, the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic priorities, or other factors deemed appropriate by the City to ensure its policy statements reflect the direction of the Council.

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Using the approved Legislative Platform as a guide, the legislative policy outlines the formal process for responding to legislative proposals in a streamlined manner as follows:

1. Once a determination is made that a legislative proposal may impact the City, a letter outlining the City’s position (support, support if amended, oppose, oppose unless amended) will be drafted for the Mayor’s signature.

2. If the Mayor is unavailable, the Vice Mayor will sign the position letter.

3. If a legislative issue is not addressed in the adopted Legislative Platform but impacts the City, staff will place the matter on the City Council agenda for consideration.

4. The position letter will be sent to the bill’s author, the City’s legislative representatives, League of California Cities (Cal Cities), and other stakeholders as deemed appropriate.

5. A copy of the final letter will be distributed to the full City Council from the City Managers Office.

California Environmental Quality Act
The action proposed herein is exempt from the California Environmental Quality Act (CEQA), pursuant to state CEQA Guidelines Section 15061 (b)(3).

FISCAL IMPACT
There is no fiscal impact associated with this effort. However, future funding will be required for continued legislative advocacy support services.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 - 2024 Draft State Legislative Platform and Policy

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1 CITY OF FOSTER CITY

LEGISLATIVE PLATFORM

PURPOSE

Foster City’ s State Legislative Platform affirms the City Council’s position on current issues with the potential to directly or indirectly impact the City. The legislative platform is a guiding document that the City will continue to work with constituents, legislative consultants, and elected representatives to promote and preserve the City’s interest at the State level.

In advance of each new legislative session – or each year should Council request , the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic goals and priorities, or other factors deemed appropriate by the City to ensure its policy statements reflect the direction of the Council.

Below are the Guiding Principles and Policy Statements that will allow City staff to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

GUIDING PRINCIPLES

I. STRATEGIC PRIORITIES
Support measures that enhance the ability for Council to achieve its annual strategic goals and priorities. Oppose legislation that seeks to undermine the ability for Council to enact its long-term vision and mission for the City of Foster City.

II. RETAIN LOCAL DECISION MAKING
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local decision-making authority. Local agencies should preserve authority and accountability for revenues raised and services provided.

III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local

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2 decision-making authority and actions over local government budgeting.

Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.

IV. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding. Support funding for programs with combined benefits to air quality, water quality, affordable housing, public safety, and public health.

LEGISLATIVE PLATFORM STATEMENTS

City Administration

1. Support legislation that promotes efforts to advance Diversity Equity and Inclusion (DEI) practices and principles at the workplace.

2. Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of fire services.

3. Monitor and evaluate legislation and ballot propositions that create new unfunded mandates to local governments and taxpayers or cause negative fiscal impact and affect local tax allocations.

4. Support long-term statutory solution s to adequately reimburse cities from the Vehicle License Fee (VLF) Swap of 2004 as well as short -term, temporary adjustments, and oppose attempts from the state of California that aim to claw back VLF revenues.

5. Oppose measures that reduce local decision-making authority over employee relations issues, including service contracting, or mandate new or enhanced local government employee benefits.

6. Support efforts to maintain fiscal solvency with respect to unfunded pension and retiree healthcare liability.

Governmental Transparency and Public Access

1. Support legislation that balances increased public trust , increased civil and respectful civic participation and engagement and access to public meetings while realizing the fiscal and operational constraints of local government.

2. Support legislation that would increase civil and respectful civic participation and engagement, including the continued allowance of legislative subcommittees, advisory committees, and commission s to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act.

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3 3. Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions.

Economic Development

1. Support policies, projects, programs, and regulations for diversifying Foster City’s primary economic base and facilitating investment that will result in strengthening local jobs and creating an environment that is attractive to current and emerging industries.

2. Support efforts to provide funding mechanisms for economic development tools, including infrastructure investment, affordable or workforce housing, and economic development.

3. Support economic development initiatives that preserve and enhance a positive business climate and strengthen and diversify the business tax base.

4. Support policies, programs, and regulations that allow for the continued disbursement of sales and use taxes which reflect the needs of Foster City.

Sustainability

1. Support legislation that provides funding opportunities for the City focused on coordinating sustainable planning in transportation, affordable housing, and economic development.

2. Support continued funding and incentives to local agencies to work together to improve air quality through the reduction of greenhouse gas emissions, use of clean energy, and advancing economic and technological developments.

3. Support policies, guidelines, incentives, and funding for programs with combined benefits to air quality, water quality, infrastructure, and public health.

4. Support policies and explore funding opportunities to increase access and promote increased electrification and Electric Vehicle (EV) Charging infrastructure in Foster City.

5. Support legislation that promotes the development and long-term sustainability of Peninsula Clean Energy (PCE) and locally run Community Choice Aggregators (CCA) across California.

Hazard Mitigation

1. Support programs which provide funding to hazard mitigation projects, such as flood protection measures, including those identified in a FEMA-approved Local Hazard Mitigation Plan.

2. Support funding of State efforts to update and prepare earthquake hazard mapping.

Solid Waste and Recycling

1. Support measures that maintain and enhance local authority and economic

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4 flexibility to regulate solid waste and recyclables.

2. Support measures that promote procurement and market development of recyclable and recycled materials.

3. Support legislation that facilitates development of local and regional recycling and composting facilities that results in increasing diversion of waste toward recycling, composting, and reuse.

Water Supply

1. Support and monitor legislation that would increase the availability of water supply and drought relief measures as well as increased funding for, water conservation, water reuse technologies, water recycling, local water storage , and other water supply technologies.

2. Support legislation or regulatory efforts that reflect the realities of persistent drought conditions and impacts associated with reduced water supply including meeting State-mandated Regional Housing Needs Assessment (RHNA) targets.

California Environmental Quality Act (CEQA)

1. Support all efforts to create efficiencies within CEQA and support local discretion and planning efforts to limit delays.

2. Support legislation that prevents CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.

3. Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation.

Land Use Planning and Housing

1. Support efforts to strengthen the legal and fiscal capability of Foster City to prepare, adopt , and implement plans for orderly growth, development, beautification, and conservation of local planning areas.

2. Support housing measures that promote the preservation and development of existing and new affordable housing while retaining local decision -making authority.

3. Support affordable housing funding opportunities that are made available to Foster City through statewide bond and grant efforts.

4. Oppose measures which would undermine local land use and zoning regulations and the planning vision of Foster City that has detrimental impacts on the community.

5. Support measures which meet the State’s planning goals in a collaborative manner with Foster City, ensuring communities evolve in a manner that reflects the will of the residents, and protects the public’s health, safety, and welfare.

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5 Parks, Open Space, and Recreation

1. Support legislation and funding opportunities ( e.g., federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, and the arts and cultural resources.

2. Support legislation that seeks to preserve and enhance parks, open space , and recreational amenities within Foster City.

Public Safety

1. Support legislation that strengthens community-oriented public safety policies.

2. Support legislation that strengthens local law enforcement.

3. Support legislation that strengthens penalties for repeat drug organized retail and property crime offenders.

4. Monitor legislation on implementation of best practices regarding law enforcement procedures.

Fire and Emergency Medical Services

1. Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.

2. Monitor legislation that reduces building and fire code standards aimed at protecting the health and safety of our residents.

Transportation

1. Support legislation that would provide responsible and sustainable funding for local transportation projects, including road resurfacing projects, local transit projects, adding bicycle lanes, sidewalks, and trails throughout the city where appropriate, including programs that facilitate transit dependability and enhanced pedestrian safety.

2. Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities.

3. Support joint planning efforts and projects with Foster City’s border cities on traffic congestion relief projects.

4. Oppose efforts to raise Bay Area bridge tolls through state legislative proposals.

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6 LEGISLATIVE POLICY

In alignment with Council approved annually adopted strategic priorities, the intent of the legislative policy is to codify a process to allow the City to have quick and sustained engagement on legislative issues important to the City.

The City Manager or designee will identify and inform Council on proposed legislation and other policy related matters that may have a direct and significant impact on the City’s fiscal, operational, and environmental health, and the overall quality of life enjoyed by Foster City residents and other stakeholders. This policy is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state that they are speaking for themselves, not on behalf of the Council or the City.

Position Adoption

In consultation with the City staff, the City Manager or designee shall be permitted to exercise discretion to adopt a formal legislative position without taking item s to the full Council so long as the proposed position is clearly in accordance with the City Council’s adopted legislative platform.

In the case where a pending State legislative proposal falls outside of the scope of the approved legislative platform or if there is any ambiguity , that item will be placed on a future Council agenda for review and consideration by the full Council.

Legislative Positions

The City’s legislative positions, as further defined below, may be supported with additional advocacy efforts, including but not limited to:
• Position letters, including updating said letters as legislation is amended and/or advances through the process, fact sheets, and other legislative advocacy support materials.
• Preparing staff and Councilmember testimony to legislative committees and other legislative and regulatory bodies; and
• In person meeting s and phone calls with members of legislative and regulatory agencies.

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7 Possible positions that can be adopted on legislation include:
• Support – A support position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question. • Support if Amended – A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question, if the requested changes are adopted. • Oppose – An oppose position indicates to the legislature, regulatory agency, and other stakeholders that Foster City is against the legislation in question. • Oppose Unless Amended – An oppose unless amended position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is against the legislation in question, unless the requested changes are adopted. • Neutral – A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is impartial on the legislation in question and does not wish to take a position or has formally removed their prior adopted position due to changes being made to the legislation or proposal (e.g., a bill that the city had an “oppose unless amended” position on was amended to address concerns, therefore the City is formally withdrawin g its opposition and moving to a “Neutral” position).
• Watch – A watch is traditionally an internal position which indicates the City of Foster City is monitoring the legislation. Should the bill be amended the City reserves its right to adopt a position as indicated above.

Council Communication

In order to ensure that the full Council is apprised of the City’s position, the City Manager or designee shall notify the Council of an adopted legislative position . Furthermore, the City’s legislative consultant and/or staff shall provide monthly state legislative tracking documents outlining priority legislation , status, and the City’s position if one has been adopted. The City’s legislative consultant and/or City staff shall provide monthly written updates to the full Council during key state legislative deadlines throughout each year.

Upon request by the Council, the City staff along with its legislative consultant can be asked to provide formal legislative updates to the full Council during a regularly scheduled Council meeting.

Using the approved Legislative Platform as a guide, the legislative policy outlines the formal process for responding to legislative proposals in a streamlined manner as follows:

2. If the Mayor is unavailable, the Vice Mayor will sign the position letter.

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8 3. If a legislative issue is not addressed in the adopted Legislative Platform but impacts the City, staff will place the matter on the City Council agenda for consideration.

4. The position letter will be sent to the bill’s author, the City’s legislative representatives, League of California Cities (Cal Cities), and other stakeholders as deemed appropriate.

5. A copy of the final letter will be distributed to the full City Council from the City Managers Office.

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DATE: November 6, 2023

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

FROM: Derek Schweigart, Parks & Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: RECREATION CENTER REBUILD PROJECT (CIP 301-778)

UPDATE ON PROPOSED RECREATION CENTER TEMPORARY

FACILITIES AND OPERATIONS PLAN DURING NEW

RECREATION CENTER CONSTRUCTION

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report by staff providing an update on the proposed Recreation Center temporary facilities and operations plan during construction of the Recreation Center Rebuild Project (Project), including alternate operation locations for staff, rentals and programs, and financial impacts.

EXECUTIVE SUMMARY
At the regular City Council meeting on September 18, 2023, the City Council approved the schematic design and the project budget. As a result of the City Council’s acceptance via Minute Order No. 1940 of the report, the Project is currently in the Design Development phase. Given construction is scheduled to begin in September 2024, City staff have been developing a temporary facilities and operations plan during the closure of the Recreation Center.

The Recreation Center currently has eleven (11) general-use rooms available for rent or classes, comprising a total of 12,279 square feet of space. Staff plans to move programs to The Vibe Teen Center, Community Center, and school multipurpose rooms

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(MPR) through the San Mateo-Foster City School District Joint Use Agreement (JUA), when space is available. Considering the limited available space, staff has chosen to explore using modular buildings as supplementary programming facilities, following the approach taken by neighboring cities during their own reconstruction projects.

After reviewing all current class offerings and regular facility rentals, staff foresee a challenge in accommodating the Ceramics program as it requires dedicated space for its equipment and materials. Designating a room exclusively for a single purpose use will limit the capacity to accommodate other users and activities. In addition, staff anticipates larger rentals that are often held in the Lagoon Room will be impacted during the construction period as we are unable to offer a comparable space. Due to space constraints that will be caused by the closure of the Recreation Center, other programs may need to be modified in terms of frequency, days of the week, or times in an effort to include all users during this transition period.

Staff is committed to maintaining the tradition of hosting community events in Leo J.

Ryan Park throughout the construction phase, whether they are City-sponsored or organized by private groups who go through the City's Interdepartmental Evaluation Committee (IDEC) process. Once the location for the temporary facilities is determined, staff will gain a better understanding of the construction zone for the project. Staff can then review each special event or program to determine its feasibility and if or how it can be executed within the specified parameters.

Staff is seeking the City Council's confirmation and guidance of the proposed temporary facilities and operations plan to be implemented during the anticipated two-year construction period of the Project. Staff plans to return to the City Council at its regular meeting on December 18, 2023, with a final plan for approval.

BACKGROUND
On November 21, 2022, the City Council approved an agreement with Group 4 Architecture, Research + Planning, Inc. (“Group 4”) for professional design, bidding, and construction support services for the Recreation Center Rebuild Project (CIP 301-678).

During the first seven months, Group 4 worked closely with staff to complete the conceptual design phase which included conducting extensive community outreach for feedback on key design layouts and features.

At the regular City Council meeting on May 15, 2023, the City Council confirmed: 1) the preferred conceptual two-story building design and site plan with the parking option that extended the exiting parking lot to the north, 2) confirmed alternates for consideration at end of schematic design, and 3) received an update on the conceptual design cost estimate and project budget.

On September 18, 2023, the City Council approved the schematic design and project budget. As a result of the City Council’s acceptance by Minute Order No. 1940 of the

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report, the project has now entered the Design Development phase for the Project.

With construction scheduled to begin in September 2024, staff continue to review and plan for the temporary operations when the Recreation Center closes. Staff first began preparation for the Recreation Center’s temporary operations in 2018 when the City worked with Burkes Toma Architects. Staff revisited the transition plan last year and again earlier this month to verify its continued relevance and confirmed which classes and program could continue during closure.

ANALYSIS
The Recreation Center currently accommodates many classes, programs, and facility rentals within eleven (11) rooms which equates to 12,279 sq. ft of space. Staff plans to move programs to The Vibe Teen Center, Community Center, and multipurpose rooms (MPR) through the San Mateo-Foster City School District Joint Use Agreement (JUA), when space is available. While some programs can be relocated from the Recreation Center to these other venues, there is still a need for extra space as these other facilities are already accommodating some existing programs and rentals. The Vibe Teen Center and MPR rooms also have restrictions related to their availability and layout. Due to insufficient available space, staff explored the use of modular buildings to accommodate existing programming and rentals based on current needs. Another alternative that may be explored for additional space is the availability of unused commercial space within Foster City. While this may be a possibility, there are a number of prohibitive factors including less than ideal locations, high lease costs, and considerable improvements needed for the commercial space to function as a safe and usable recreation space.

Table 1: List of City’s Recreation Facilities’ Programmable/Rentable Space

City Facility Programmable Square
Footage
Number of Programmable
Rooms
Recreation Center
(Bluebird, Bow, Clipper, Crane,
Gull, Lagoon, Mallard, Mist, Spirit,
Spray, and Sunfish Rooms)
12,279 sq ft 11
Community Center
(Port, Sail, Starboard, and Wind
Rooms)
4,434 sq ft 4
The Vibe Teen Center
(Activity, Kitchen, and Main
Floor)
3,906 sq ft 3
TOTAL 20,619 sq ft 18

Staff met with staff from various cities that recently rebuilt their Recreation/Community Centers to gain insight from their experience operating out of temporary facilities. The

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cities of Millbrae and Burlingame utilized modular buildings during their transition phase.

While Burlingame decided to lease units, Millbrae chose to purchase custom-built modular buildings as their rebuild project was a result of an unforeseen incident and staff anticipated their transition period would be longer than a traditional rebuild. The City of Millbrae was interested in selling their modular buildings to the City. However, upon evaluation, staff did not move forward with that option due to the cost, size, and storage concerns. Burlingame chose to rent from a local modular unit company to temporarily house their staff and programming space during their construction. After several meetings with the City of Burlingame, staff believe leasing modular units is the preferred option for acquiring the necessary space to operate programs. Griffin Structures, Inc., the City’s construction manager, also worked with Burlingame in setting up their modular buildings.

Modular Units

It was determined that three (3) modular buildings and one (1) restroom trailer would be sufficient to help fill the gap that would be caused by the loss of the Recreation Center’s rooms. When deciding the desired size of the modulars, it was important to select room sizes that would meet the need of most of our current users, which is comprised of class participants and renters. Outside of the larger event spaces, rooms that can accommodate 20-30 people are the most used. It was determined that the standard modular classroom (24'x40') is the optimal choice due to its size, versatility and cost- effectiveness since it doesn’t have to be custom built. In addition to having two standard modular classrooms, adding one larger meeting space would not only accommodate larger classes but it would also meet the need for a space that can fit up to 60 attendees. Although the addition of modular units won't fully compensate for the loss of 12,279 sq ft of program space due to the closure of the Recreation Center, the temporary spaces will help mitigate much of the loss.

When the Recreation Center closes, park patrons would only be able to access restroom facilities located at the top of the Leo Ryan Park amphitheater or at The Vibe.

Including a restroom trailer with separate entrances for men and women would not only help meet the needs of park users on the south end of the park but also serve the guests and patrons using the modular classrooms. The addition of the restroom trailer helps to cover the loss of restroom facilities that were available to the public inside the Recreation Center. The modular buildings would be ADA accessible, including ramps, and have access to power, water, and sewage.

Table 2: List of City’s Recreation Facilities’ Programmable/Rentable Space with Proposed Modular Buildings
Facility Programmable Square
Footage
Number of Programmable
Rooms
Community Center 4,434 sq ft 4
The Vibe Teen Center 3,906 sq ft 3
Modular Buildings 3,840 sq ft 3
TOTAL 12,180 sq ft 10

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Working with Griffin Structures, staff explored two possible locations for the modular buildings and restroom trailer. Both of the desired locations are in Leo Ryan Park since it is anticipated that the Vibe will serve as the Parks and Recreation Department’s primary registration counter and most of the staff will be housed in either the Vibe or Community Center. The locations include: 1) South end of the main parking lot and 2) Leo J. Ryan Park tennis courts. Although it is anticipated that repairs may be necessary to address any damage the tennis courts might sustain when the modulars are removed, placement on the two existing tennis courts is preferred to retain as much of the parking lot as possible for park and facility users. The City’s construction manager also indicated that some of the parking lot will be needed for staging during construction which would reduce the overall parking spaces for both the temporary operations and for park patrons. To facilitate easy access and service to the restroom trailer or water and sewer connections, Griffin Structures recommends placing the restroom trailer in the southern parking lot. If the modular classrooms are located on the tennis courts, the restroom trailer can be in the small parking lot behind The Vibe. See Attachment 1 for Map of Proposed Modular and Restroom Trailer Locations.

The rental cost for the modular classrooms and restroom trailer for a two (2) year duration is $375,777. The fees also cover delivery, setup, and the disassembly and transportation of the buildings at the conclusion of the rental period. For water and sewage connections, it was determined the cost for an installation of a water and sewer connection ($44,300-$57,110) would be more cost-effective than using a third-party vendor to service the restrooms 3x weekly ($100,000). The current Recreation Center Rebuild Project budget includes a $380,000 allocation for the Temporary Facilities- Relocation Services line item.

Facility Rentals
The Recreation Center currently offers eleven (11) meeting/general-use rooms for rent (12,279 sq. ft of space). We anticipate being able to accommodate most small to medium-sized rentals (under 50 persons) by moving them to one of the alternative locations identified. However, Lagoon Room rentals will be the most challenging to accommodate as it is our largest room and accommodates up to 220 people. In an average year, sixty percent of our Lagoon Room rentals are for events over 115 people.

Though The Vibe and the Wind Room at the Community Center are often good alternatives to the Lagoon Room, they are not large enough to host over 115 people and the amenities and layout are very different. The Community Center’s Wind Room is smaller than the Lagoon Room, lacks a kitchen, and does not offer the same views of the water as the Lagoon Room. Though The Vibe is larger than the Wind Room, its layout does not allow for a formal seating arrangement as the space consists of multiple rooms and fixed features.

The anticipated loss of revenue from Lagoon Room rentals is estimated to be $68,307 each fiscal year during construction for a total of $136,614 during the two-year construction period.

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Bright Horizon Chinese School is the only City concessionaire that operates in the Recreation Center. They are the City’s highest revenue producing concessionaire averaging $215,000 in revenue annually. Staff would like to support this program as it fulfills a significant community need for afterschool care and cultural education for over 100 youth, while a significant revenue source for the City.

Classes / Programs
In order to accommodate the maximum number of patrons and make the best use of the limited available space during construction, staff recommend that rooms not be dedicated for specific purposes, therefore allowing for greater flexibility.

Most of the Recreation Department sponsored classes offered on site serve between 15-30 students. Programs of this size can be moved to rooms over at the Community Center, The Vibe, and modular buildings. Larger classes, specifically fitness programs, will need to utilize larger spaces such as the Community Center’s Wind Room, the main floor of The Vibe, a school’s multi-purpose room (MPR), or a park during the warmer months. Staff also recognizes that some programs may need to change frequency, days, or times during the transition, to accommodate all facility users. As an example, the free weekly movie viewing for seniors might be rescheduled to an earlier time of the day to avoid any scheduling conflicts with other afternoon programs. While discussions with affected participants and facility users have initially started, staff will provide an update to all patrons after transition plans are finalized.

After staff reviewed all the current class offerings, the only class the City is unable to accommodate is Ceramics. The Ceramics program requires dedicated space and specific equipment, materials, and tools that must be stored for the program to function.

Additionally, the program needs to accommodate large kilns that require proper ventilation. While the Ceramics program cannot be accommodated during construction, staff began compiling a list of alternative locations where Ceramics students can attend classes while the program is suspended temporarily for construction. The anticipated loss of revenue due to the hiatus of the Ceramics program is approximately $89,175 per fiscal year, totaling $178,350 during the two-year construction period.

Staff are developing plans on how best to utilize The Vibe during construction. The intent is for the facility to continue to meet the needs of teens but also simultaneously serve as the new point of contact for general recreation services for the public. The final plans will be included in the update to the City Council in December.

Staffing
With the Recreation Center closure, full-time staff will move to offices at the Community Center, The Vibe Teen Center, and Corporation Yard. Front desk services (general customer services inquiries and class registration) will be set up at the front counters at the Community Center and The Vibe. The Recreation Division will continue to use part-

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time staff to assist after normal business hours and on weekends in their usual capacity as recreation leaders and building attendants.

City and Non-City Sponsored Special Events
Staff intends to continue hosting community events during construction whether they are city-sponsored or through private organizers who go through the city’s Interdepartmental Evaluation Committee (IDEC) process. Staff began discussions with previous IDEC participants by providing project updates and extending invitations for individual meetings to explore options for resuming their events during the construction period. It is expected that all event logistics will need to be adjusted and modified to accommodate the construction work around the Recreation Center project. Once staff receives direction and confirmation from the City Council regarding the placement of temporary facilities, staff will continue to collaborate with Griffin Structures to determine the construction zone and where staging will be located. After the construction site is identified, staff will reassess each special event and determine if and how it can be executed within the given parameters. Examples of event modifications may include, but are not limited to, changing the site location, reducing the event footprint, or adjusting event components, among others. In certain cases, some events may need to be canceled until the Recreation Center reopens if staff determines that an event cannot be executed safely or does not align with our goal of hosting a quality program.

Project Milestones Timeline
Below is a tentative timeline of key milestones for the Recreation Center Rebuild Project as it pertains to transitioning out of the current facility to alternative locations.

January 2024: Public notified of Recreation Center closure and temporary operation sites through news releases, social media, utility bill inserts, posters, etc.

July 2024: All facility rentals at the Recreation Center cease, except for Lagoon Room rentals. Classes and programs continue through the end of July.

Staff begin to move equipment to alternative sites or storage.

Modular buildings arrive and are set up on site including utility connections. Temporary offices are set up.

August 2024: Recreation Center is closed to the public. Programs and staff transfer to alternative sites.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This is an item that seeks direction from the Council on administrative matters, so it is

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not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. However, the City has prepared and issued a Notice of Intent (NOI) for Public Review of the Initial Study/Mitigated Negative Declaration for the RCRP Project (File No. UP2023-0003/ CIP 301-678). The Administrative Draft of the IS/MND was published for public review on July 26, 2023, and ended on August 15, 2023 and the comment period has closed. The IS/MND will be considered at the Planning Commission meeting on November 16, 2023, as part of the consideration of the Use Permit to demolish the existing recreation center and construct the new Recreation Center.

FISCAL IMPACT
The below table provides a summary of the anticipated revenue loss due to the hiatus of the Ceramics program and the loss of large (over 115 attendees) Lagoon Room rentals which may not be accommodated elsewhere. The annual estimated loss resulting from these displaced programs is approximately $157,482 per year, or $314,964 over the entire two-year construction period.

Table 3: Estimated Revenue Loss for Displaced Programs
Annual Revenue Loss*
Ceramics Program $89,175
Lagoon Room
(for rentals over 115 ppl)
$68,307
TOTAL PER FISCAL YEAR $157,482
TOTAL FOR PROJECT DURATION $314,964
*Based on average revenue from the past two Fiscal Years To address the programming and facility rental requirements during the Recreation Center's closure, staff has researched the cost of renting three (3) modular buildings and one (1) restroom trailer, along with the associated fees for providing access to electricity, water, and sewer services. The below table reflects the anticipated costs associated with the modular setup during construction. The current Recreation Center Rebuild Project budget includes a $380,000 allocation for the Temporary Facilities- Relocation Services line item.

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Table 4: Estimated Costs Associated with Rental of Modular Classrooms and Restroom Trailer
Item Estimated Cost
Two (2) Modular 24’x40’ Classrooms, One (1) 48’x40’
Classroom, and One (1) 12’x40’ Restroom Trailer
$375,777
Electrical- equipment rental, breakers, installation, removal, delivery, and removal.
$33,863
Water and Sewer Connection for Restroom Trailer^ $44,300-$57,110 TOTAL $453,940 - $466,750
^Price will be determined by trailer placement

When staff presents the final plans for temporary operations to the City Council in December, it will include the comprehensive transition plan and budget in full detail.

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

Attachment 1 – Map of Proposed Modular and Restroom Trailer Locations

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Attachment 1: Map of Proposed Modular Buildings and Restroom Trailer Proposed Location 1: Main Parking Lot
Proposed Location 2: Tennis Courts and Parking Lot

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168

DATE: November 6, 2023

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Edmund Suen, Finance Director

SUBJECT: FISCAL YEAR 2022-23 FOURTH QUARTER FINANCIAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report on the FY 2022-23 Fourth Quarter Financial Update.

EXECUTIVE SUMMARY
Attached is the FY 2022-23 Fourth Quarter report. While the residual effects of the COVID-19 pandemic continued to impact the City’s transient occupancy tax (TOT), many of the other General Fund (Funds 001 to 003) categories have now surpassed pre-pandemic revenue levels. Growth in property tax, including robust Educational Revenue Augmentation Fund (ERAF) receipts, the State's backfill of property tax in lieu of vehicle license fees, and better than expected sales tax revenues culminated in an overall positive actual to budgeted revenue results. FY 2022-23 General Fund revenues and expenditures totaled $65.9 million and $48.4 million respectively, while Net Transfers Out was $3.52 million. Transfers Out included $3.50 million to the City’s Capital Improvement Projects Fund and $41,983 to the Housing Successor Fund for 20% of the loan repayment from the Successor Agency. Transfers In of $21,287 were from the Foundation Fund for the summer concerts.

Total General Fund (Funds 001 to 003) revenues exceeded adopted budget estimates by $8.90 million. Property tax revenues beat expectations by $2.8 million as assessed value growth was aided by gains in the price of home sales, completed development projects, and better than conservatively budgeted ERAF revenues. Property tax In- Lieu of Vehicle License Fee revenues was $1.1 million higher than budget as the State provided backfill for the previous years shortfalls. Sales tax revenues exceeded budget

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by $1.28 million. The adverse impacts of COVID-19 including the increased use of remote meetings in lieu in-person sessions on transient occupancy tax continued.

Although TOT exceeded budget by $975,000, they were nonetheless at 78.1% of pre- pandemic levels. Due largely to the 350 basis points rise in the Federal Funds rate orchestrated by the Federal Reserve to combat inflation and strong demand for facility use and rentals, interest and rental income were $1.75 million higher than originally forecasted.

General Fund (Funds 001 to 003) expenditures savings (as compared to the amended budget) totaled $6.1 million as each department finished out the fiscal year within their respective General Fund budgets, with the largest favorable variances coming from Police, Public Works, Parks and Recreation, Community Development, and Human Resources of $1,684,000, $1,478,000, $1,095,000, $704,000, and $443,000 respectively. The combination of employee retirements/separations and a very tight labor market resulted in many unfilled vacancies, which contributed to both employee services expenditure savings as well as supplies and contract services savings from the lack of personnel.

The City’s June 30, 2023 Unrestricted General Fund balance (Funds 001 to 003) was approximately $58.6 million or 100% of FY 2023-24 budgeted expenditures. This level is well above the 33 1/3% to 50.0% reserve policy level established by the City Council.

The City's Capital Improvement Projects fund, internal Service funds, and the District's water and wastewater enterprise funds also ended the fiscal year with generally healthy reserve levels.

BACKGROUND & ANALYSIS
The City Council and City staff have committed to provide quarterly financial updates at City Council meetings to review quarterly financial performance and identify general economic trends and specific issues that may affect, positively and negatively, the City’s financial situation.

The report is intended to provide high level financial information for the City Council, City Departments, and the community as a whole. Supplemental revenue and expenditure analyses are also provided for those readers desiring more detailed financial information.

FISCAL IMPACT
There is no fiscal impact with the acceptance of this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence

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Attachments:
•Attachment 1 - Foster City Financial Update FY 2022-23 Q4 (for the twelve months ended June 30, 2023)
•Attachment 2 - Changes in Fund Balances (for the twelve months ended June 30, 2023)
•Attachment 3 - Comparison of Budget vs. Actual and Prior Year’s Revenues (for the twelve months ended June 30, 2023)
•Attachment 4 - Comparison of Budget vs. Actual and Prior Year’s Expenditures (for the twelve months ended June 30, 2023)

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Live, Work & Play
in Foster City
City of Foster City
Financial Services Dept.

General Fund Unrestricted Reserves Ends Year at $58.6 million including receipt of the 2nd tranche of ARPA relief funds for $4.05 million.

The City’s General Fund Reserves (Funds 001to
003) ended FY 22/23 with an Unrestricted Reserve
balance of $58.6 million. This balance represents a
reserve level of 100% of FY 23/24 budgeted ex-
penditures of $53.5 million.

Total FY 22/23 General F und Revenues, including
$4.05 million of American Rescue Plan Act (ARPA)
were $65.9 million, surpassing adopted budget esti-
mates by $8.9 million. To tal expenditures, exclud-
ing net Transfers Out were $48.4 million. Total
transfers out of $3.52 million included $3.5 million
to the City CIP Fund and $41,983 for Successor
Agency loan repayment designated to the Housing
Successor Fund. A transfer in of $21,287 were
from the Foundation Fund for the summer con-
certs.

Significant General Fund revenues are discussed
below.

Property Taxes: $37.2 million (includes $3.3 million
of Education Revenue Augmentation Fund “ERAF”
refunds from San Mateo County) or $2.8 million
above budgeted expectation s due primarily to a
$1.7 million variance in ERAF and moderate
growth in organic property tax revenues. ERAF
refunds are expected to have continued volatility
and subject to the State’s potential scrutiny. Real
estate transfer taxes totaled $211,000 and fell
short of budget by $94, 000 as the inventory of
homes available for sale diminished with the rise of
mortgage rates following the profusion of refi-
nancings when 30 year mortgage rates were in the
3% range.

Property Tax In Lieu of Vehicle License Fees (VLF):
$5.7 million or $1.1 million above budget as the
State provided backfill for prior period shortfalls.

Since the County’s distri bution of VLF revenues
are impacted by the number of non-basic aid
school districts; with dec lines impacting the availa- bility of monies for distri bution to the cities, the
recovery of any shortfalls from the State has inher-
ent uncertainty. Thus far, the State has approved
funding 2 years after the occurrence of annual VLF
shortfalls, but has not been supportive of a legisla-
tive fix to the VLF issue.

Transient Occupancy tax (TOT): $3.4 million or
$975,000 above the adopted budget estimates. Alt-
hough these revenues are st ill not at pre-pandemic
levels, the recovery trend is promising.

Sales tax revenues: $4.4 million or $1.3 million
above budget estimates. The higher price of gas and
merchandise along with st rong consumer spending
contributed to the robust results.

Business License Tax (BLT): $1.7 million, bettering
estimates by $254,000.

Interest and rental income: $3.2 million or $1.7 mil-
lion higher than estimates as the Federal Reserve’s
Federal Funds rate ascended 350 basis points in FY
2022-23 and demand for facility rentals accelerated.

Recreation fees/charges: $1.4 million or $157,000
above budget with solid demand for programing and
classes.

Total General Fund (Funds 001to 003) expenditures
were $48.4 million or $6.1 million below the amend-
ed budget. Personnel rela ted savings accounted for
$3.9 million and supplies and contract services $2.1
million. While the City was ab le to fill some posi-
tions, the multitude of staff vacancies and supply
chain disruptions contributed to the unexpended
employee services budget as well as delays and post-
ponement of work plans and related procurements.

During the year, the City made strong process in the
Levee CIP project and is expecting substantial com-
pletion by January 2024. Th e acquisition of 22 work-
force housing units were completed in August 2022.

Both the Water and Wastewater enterprises had
gains in its overall Net Positions and exceeded its
25% reserve levels for its operating funds and its $2
million minimum level for its capital improvement
projects program.

The City’s overall fiscal health at the conclusion of FY 2022-23 remains positive. However, the expiration
of ARPA funding, higher costs associated with adjust-
ments made from the results of the classification and
compensation studies, new labor agreements, and an
increase in head counts approved in the FY 2023-24
budget are contributing to anticipated multi-year
structural deficits to the City’s General Fund.

Foster City Financial
Update FY 22/23 Q4

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172

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

CHANGE IN FUND BALANCES
FOR THE TWELVE MONTHS ENDED JUNE 30, 2023

CAPITAL ASSETS/ AVAILABLE
TOTAL
FUND
ACTUAL
FY 2022-23

REVENUES
12 MONTHS
ACTUAL
FY 2022-23
TOTAL
FUND

NON-SPENDABLE/ (UNRESTRICTED)

RESTRICTED/

COMMITTED/
ASSIGNED*
FUND

BALANCE
AS OF 7/1/2022

EXPENDITURES
12 MONTHS

TRANSFERS
IN

TRANSFERS
OUT

BALANCE
AS OF 6/30/23

BALANCE
AS OF 6/30/23*
001 GENERAL FUND
002 EMID
003 RECREATION
GENERAL FUND (001-003)
$
$
$
$
$
$
$
$
$
$
$
$
42,898,671
1,913,113
-
$
$
$
$
$
$
$
$
$
$
$
$
25,106,768 $ (46,180,980) $ 38,639,409 $
$
(3,541,983) $
$
$
$
$
$
$
$
$
$
$
$
56,921,885
1,845,803
36,980
$
$
$
$
$
$
$
$
$
$
$
$
(164,144) $
$
$
$
$
$
$
$
$
$
$
$
56,757,741
38,908,107
1,919,185
65,934,060
35,605
38,635
2,066
$
$
(336,008) (38,639,409) -
-
1,845,803
(1,903,492) $
$
$
$
$
$
$
$
$
$
21,287 36,980
44,811,784
1,260,075
3,098
$ (48,420,480) 38,660,696 $ (42,181,392) 58,804,668
1,180,393
41,733
(164,144)
(1,180,393)
(41,733)
(68,884)
(61,859)
(24,853)
(94,514)
(2,474,874)
(207,804)
58,640,524
005
006
007
008
009
010
011
012

GENERAL FUND - COMMUNITY BENEFITS PROGRAM

GENERAL FUND - DARE
$
$
$
$
$
$
$
$
(115,287) - $
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -

GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM

GENERAL FUND - RENTAL ASSISTANCE PROGRAM

GENERAL FUND - ASSET SEIZURE/FORFEITURE

GENERAL FUND - PENSION STABILIZATION

GENERAL FUND - FACILITIES REPLACEMENT

GENERAL FUND - SUSTAINABLE FOSTER CITY
75,818 (9,000) - 68,884
60,063 1,796 - - 61,859
22,759 2,094 - - 24,853
91,769 2,745 -
-
-
-
94,514
2,403,005
165,474
71,869
8,896
2,474,874
207,804(16,566) 50,000
TOTAL ALL GENERAL FUND (FUNDS 001-009) $ 48,893,845 $ 66,097,766 $ (48,561,333) $ 38,710,696 $ (42,181,392) $ 62,959,582 $ (4,319,058) $ 58,640,524

SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY
102 MEASURE "A"
103 GAS TAX
104 PARK-IN-LIEU FEES
105 MEASURE "M"
108 SLESF/COPS GRANT
114 CALOPPS
116 FOSTER CITY FOUNDATION
119 SB 1 ROAD MAINTENANCE AND REHAB
122 HOUSING SUCCESSOR-LMIHF
124 FC AFFORDABLE HOUSING FUND
125 SUSTAINABLE FOSTER CITY FUND (MOVED TO FUND 012)
127 BAERS (PROGRAM WAS CLOSED OUT IN FY 2020-21)
128 GENERAL PLAN MAINTENANCE
129 CONSTRUCTION AND DEMO RECYCLING
130 TECHNOLOGY MAINTENANCE
131 SB 1186
132 SMIP FEE
133 CRV GRANT FUND
134 CURBSIDE RECLYCLING
135 GREEN BUILDING FEE
136 MEASURE W
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
11,303
4,038,372
756,674
2,818,645
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
39,827
1,065,257
877,787
84,300
119,300
165,271
562,700
42,818
782,575
137,531
211,414
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(43,633) $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
7,497
4,686,950
517,184
2,902,945
-
$
$
$
$
$
$
$
$
$
-
(2,753,588)
(290,000)
(745,435)
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
7,497
1,933,362
227,184
2,157,510
-
(416,679) - -
(1,117,277) - -
- - -
(119,300) - -
- (165,271) - - - - -
353,299
418,501
1,375,033
2,332,763
4,554,895
-
(456,664) - - 459,335
413,212
863,817
2,441,355
4,642,671
-
- 459,335
379,837
808,760
2,441,355
619,094
-
(26,820) - (21,287) (33,375)
(55,057)(1,293,791) - -
(70,922) 41,983 -
(123,638) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(4,023,577)
- - -
- - - - - - -
1,819,646
690,009
214,836
32,105
5,163
727,803
182,389
93,114
7,513
222
(620,255) - 1,927,194
758,768
226,770
39,618
5,385
- 1,927,194
758,768
226,770
39,618
5,385
(63,630) (50,000) -
(81,180) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -
- -
8,970 8,910
35,414
789
(3,756) 14,124
253,249
6,928
- 14,124
253,249
6,928
217,835
6,139
- -
- -
1,050,460
571,505
227,344
31,132
-
442,708
17,093
6,799
292,300
22,418
1,273
-
(258,285) 1,234,883
588,598
234,143
158,351
22,418
31,221
-
(715,215) 519,668
588,598
234,143
158,351
22,418
31,221
-
137 COMMERCIAL LINKAGE FEE
138 TENANT RELOCATION ASSISTANCE
139 WORKFORCE HOUSING
140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
141 SB 1383 IMPLEMENTATION
142 PARK FACILITIES IMPACT FEE
143 PUBLIC SAFETY IMPACT FEE
144 TRANSPORTATION IMPACT FEE
- -
-
-
-
-
-
-
-
-
(165,081)
-
47,347
-
(17,399)
-
-
-
- - - -
- - - -
TOTAL SPECIAL REVENUE FUNDS $ 21,581,976 $ 5,927,525 $ (5,043,581) $ 41,983 $ (71,287) $ 22,436,616 $ (8,616,247) $ 13,820,369

Page 1 of 2 ends

Foster City City CouncilNovember 6, 2023

Foster City City Council
November 6, 2023