Foster City City Council
May 20, 2024

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

140

Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mqrc.com
Quote # Q-438425
412312024 2:24:45 PM
Lease Quotation and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

141

Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mqrc.com
Lease Quotation and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:

Return Permit
Prepare Equipment For Removal
Cleaning Fee
Additional Labor, Rolling On Removal
Return Haulage Fuel
RNT, Removal
Restroom, l2x40 HCD (lteml094)(BG) (Boy/Girl
or Male/Female.Configuration and Fixture Count
Varies.Size excludes 3' towbar.No windows.)
Return
Return Pilot
Return Permit
Prepare Equipment For Removal
Foundation, Removal
Cleaning Fee
Installation, Towbar/Hitch
Skirting, Removal
RNT, Removal
$144.00
$9,289.00
$450.00
$3,780.00
$27.00
$1,512.00
$811.00
$538.00
$147.00
$604.00
$215.00
$450.00
$211 .00
$20.00
$1 ,966.00
$576.00
$9,289.00
$1 ,800.00
$3,780.00
$108.00
$1,512.00
$811 .00
$538.00
$147.00
$604.00
$1 ,290.00
$450.00
$211 .00
$2,080.00
$1 ,966.00
Estimated Charges Upon Return Subtotal:

N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
$53,830.00
z _ i z _ t - - -==-=-==anii ni niuiiai- - -- ===-=-l I = - === -iii+iuiiiuiii - - I uJJ__ _ l - I inuu - --=- } l I -lL_ _ 1111 -= -@i -aal i'qa " ' Subtotal of Monthly Rent $9,324.00 -
Personal Property Expense $0.00
Taxes on Monthly Charqes _$897.46
Total Charqes per Month (including tax) ___$10221.46 Charges Upon Delivery (including tax) $84,T13.82
Estimated Charges Upon Return (including tax)" $53,830.00 Estimated Initial Invoice" $94,935.28
"Charges upon return will be charged at Lessor's then-current rates for lease terms greater than 12 months.

Quote # Q-438425
4/23/2024 2:24:45 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

142

Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mqrc.com
Lease Quotat on and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:
a-axro - ,. ' . , ." aa'i#l ' .. . . . . .
jl6 24ffiU USA classroo witi;ffill:+et '?le tlooring, one 4Bx40t)'S7'71assroom with carpet hle tlff6)'lhd 3%@:1 g(y, J 2@4Q,} I-ICD restroom building with vinyl flooring. The bullm7s will be4ainted @31 standard CJdJJBsa Broad!;olors. Buildings <';an be nhinted custom colors for an arlrlijiinal charqt"l General: Customer's site must be dry, compacted, level and accessible by normal truck delivery. Pricing does not include any clearing or grading of sites, obstruction removal, site or Final buildirig clean up, any asphalt transitions, dolly, crane, forklift, electrical or plumbing connections, window coverings, furniture, casework, appliances, doorstops, phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil i and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits, security screens, door bars and any item not specifically listed as being included. : Yes - Prevailing Wage: Pricing includes prevailing wage and certified payroll for installation and dismantle work performed on site.

I Fire Related Items: Unless noted, fire related items (alarms, sprinklers, smoke & heat detectors, and fire-rated walls, etc.) are not included.

Restroom buildings: Restrooms are not self-contained. @l'olds ar@ ("l(;i% jnglUdBd '!:t'i6tlkl eie supJzd, 335BglJ@Jind conn(.gjBd 5y 0j)lBla4. Water & sewer stub-out locations may vary. Paper & soap dispensers, sanitary and trash receptacles are not provided.
j
Prefab Metal Stairs and Ramps: Site conditions may affect ramp configuration and cost. Customer is responsible for itransition From end of ramp to grade and For extended or custom rails, if needed. Mobile Modular provides L:i:lJareiifl"':!sih.e:raJ".4:ilun'Jeiw.nriaxm4-s-:-rJ=JvJ:::ibilieinf-oJ-FJuJc:I-aJne=oJ'-l."f-..........................miinn.==-===========-=========-=-=========----==-=-=-===-====-==-====-======-===- " * I I ' - * " d @ a ' I
*Quoteisvalidfor 30 days.
* Lessee's site must be dry, compacted, leve! and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paidby Lessee. Unless noted, prices do not include permits, ramp removal, stairs, foundation systems, foundation system removal,temporary power, skirting, skirting removal, engineering, taxes or utility hookups. a Sublect to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances providedare previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request. ii For lease transactions, Lessor reserves the right to substitute equal or better equipment prior to delivery without notice. a This transaction is subject to prior credit approval. Security deposit and payment in advance may be required. ii Sales Tax will be calculated based on the tax rate at the time of invoicing. ii Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages. '- . - I i * " - " . -
- The Estimated Equipment Value is listed below. Lessee is solely responsible for complying with all insurance requirements set forth, in the Lease Terms and Conditions attached hereto. ffi x _ !Illlllllllll!illllffillN!IT!llif'illa __xbl & _* # jll *i II "" "" f(gl41lYflFF-nlClassroom, 24x40 DSA (ltem1001) 2 ' (RH) $85,500.00Classroom, 48x40 DSA (NonStd) j 1128,700.00 Restroom, 12x40 HCD (lteml094)(BG) 1 $98,750.00
Quote # Q-438425
4/23/2024 2.24:45 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

143

Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
WWW. m q rC. Cam
Lease Quotation and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:

This Lease Quotation and Agreement is entered into by and between Lessor and Lessee effecUve as of the date signed byLessee. This Lease Quotation and Agreement includes the terms and conditions set forth in the following two documents(collectively, the 'aAgreement"), each of which is incorporated herein by this reference:

1. Lease Terms and Conditions attached hereto; and

2. Supplemental Lease Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as thesame may be updated from time to time in the sole and absolute discretion of Lessor.

IN THE EVENT THE LESSOR AND LESSEE HAVE ENTERED INTO A MASTER LEASE AGREEMENT, THE TERMS OFSUCH MASTER LEASE AGREEMENT ARE INCORPORATED HEREIN BY THIS REFERENCE, ARE DEEMED A PART OFTHIS AGREEMENT, AND TAKE PRECEDENCE OVER ANY CONFLICTING TERMS IN THIS AGREEMENT.

By signing below, Lessee: (1 ) acknowledges and agrees that it has received, read and understands the terms of this Agreementand agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Lessor to makeappropriate arrangements for the preparation and delivery of the Equipment identified herein. This Agreement may be executedin one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original andall of which shall constitute one and the same Agreement. Upon execution of this Agreement, Lessor shall generate a LeaseAgreement Number, which shall be referenced on all Lessor invoices.

No document provided by Lessee, including, without limitation, Lessee's purchase orders, work orders, bills of lading, or formsfor receipt or acknowledgment or authorization ("Lessee Forms"), nor the terms and conditions associated with such LesseeForms, shall amend, modify, supplement, waive, or release any term or condition of this Agreement (or the Master LeaseAgreement, as applicable) even if such Lessee Forms are signed by an agent or representative of Lessor. The terms andconditions of this Agreement (or the Master Lease Agreement, as applicable) shall prevail over any Lessee Forms, and anyinconsistent or additional terms and conditions in Lessee Forms shall be deemed void ab initio and of no force or effect.

The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of theparties hereto.

LESSOR:

Mobile Modular Management Corporation
a Division of McGrath RentCorp
LESSEE:

Foster City Parks and Rec
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

Quote # Q-438425
4/23/2024 224:45 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

144

4 Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mqrc.com
Lease Quotation and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:

LEASE TERMS AND CONDITIONS

1. LEASE. Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment (as defined below). The lease ofany Equipment is governed by the terms of this Agreement. The Equipment is and shall remain the personal property of Seller.

2. TERMS. All capitalized terms used and not otherwise defined herein, will have the meanings set forth in this Agreement. As used inthis Agreement, the following definitions shall apply: "Accessories'a shall mean any additions, attachments, or accessories to the modularbuildings, or ancillary services, provided by Lessor to Lessee and identified in this AgreemenI a'Equipment" shall mean the modularbuildings, Accessories, and/or Services identified in this Agreement, together with any replacements, repairs, additions, attachments oraccessories hereafter rented to Lessee under this Agreement.

3. PAYMENTS AND PRICE ADJLISTMENTS. Lessee agrees to pay to Lessor each payment specified herein on a net invoice basis.Payment terms are net due upon receipt unless otherwise agreed upon in writing. All payments due From Lessee pursuant to this Agreementshall be made by Lessee without any abatement or setoff of any kind whatsoever arising from any cause whatsoever. Prices will beincreased by Lessor for unknown circumstances or conditions, including, but not limited to, driver waiting time, specral transport permits,difficult site conditions and/or increases in fuel prices.

4. LEASE TERM; EARLY TERMINATION. The Lease Term and Monthly Rent, each of which are specified in this Agreement, shallcommence on the date the Equipment is delivered to the Site (the "Start Rent Date'), unless a different date ts mutually agreed upon in wri5ng,and shall continue thereafter for the number of months specified in this Agreement as the Lease Term. Lessee agrees to pay the Total Chargesper Month specified in this Agreement (as may be adjusted pursuant to Section 5 below) Tor each month during the Lease Term and anyextensions thereof. A month is defined as thirty (30) calendar days; rent will be billed monthly unless otherwise specified in this Agreement (butrent shall be due and owing even in the absence of actual receipt by Lessee of an invoice or bill). In the event tha( Lessee terminates thisAgreement prior to the expiration of the Lease Term, Lessor shall be entitled to charge an early termination fee, even if such termination occursprior to delivery of the Equipment. Such fee shall be determined by Lessor, in its sole discretion, following the receipt of the termination request.Such early termination fee may include, but shall not be limited to, charges related to the preparation of the Equipment for delivery and/or therental value of this Agreement. In no event shall any such early termination fee exceed the total value of this Agreement. Lessor shall not beliable to Lessee for any failure or delay in obtaining, delivering or setting up the Equipment. If Lessee delays delivery of the Equipment for anyreason for thirty (30) days or longer from the original delivery date mutually agreed upon between both parties, Lessor may, in Lessor's solediscretion, charge Lessee a monthly storage fee equal to the Monthly Rent starting on the original delivery date, and/or termtnate this Agreement,subject to the early termination provisions set forth above.

5. EXTENSION OF LEASE TERM. Upon expiration of the initial Lease Term set forth in this Agreement, the lease of the Equipment shallautomatically be extended on a month-to-month basis until the Equipment is returned to Lessor. This Agreement does not expire and theterms and conditions hereof shall remain in full force and effect for any extension of the Lease Term, unless otherwise agreed upon byLessor and Lessee in writing. Lessor may periodically revise the Total Charges per Month from those reflected in this Agreement if the leaseof the Equipment is extended beyond the initial Lease Term. If the lease of the Equipment is extended beyond the initial Lease Term, Lessormay revise the charges for the Charges Upon Return from those specified in this Agreement to reflect Lessor's then-current market rates forsuch services.

6. PREPARATION FOR REMOVAL OF THE EQUIPMENT. Prior to the scheduled removal of the Equipment, Lessee shall, at a minimum:(a) provide clear access to the Equipment for Lessor to dismantle and remove the Equipment From the Site by industry-standard truckingmethods; (b) disconnect all utilities (c) remove all personal property of Lessee's from the Equipment; and (d) rn the case of Equipment thatincludes plumbing, flush the plumbing lines clean and ensure that no Foreign matter remarns in any fixtures. Plumbing must be properlydisconnected by Lessee at its sole cost and expense. Lessee will be responsible for costs of repair required by improper plumbingdisconnection to the extent that the Equipment is damaged. Any components, parts or accessories supplied by Lessor must be returned withthe Equipment. In the event that Lessee fails to meet the requirements herein, additional charges may be incurred by Lessee for additionallabor, waiting time, or dry-runs in the event that Lessor is unable to return the Equipment as scheduled.

7. RETURN OF EQIJIPMENT. Lessee must provide a minimum of thirty (30) days prior, written notice to Lessor when requesting to returnthe Equipment. Lessee is responsible for complying with the requirements set forth in the "Preparation for Removal of the Equipment" sectionor these Lease Terms and Conditions. Unless otherwise agreed upon by Lessor in writing, Lessee shall continue to be responsible for paymentof the Total Charges per Month set forth in this Agreement (as may be adjusted pursuant to Section 5 hereto) until return of the Equipment toLessor is completed. The Total Charges per Month will be prorated in one-half (1/2) month increments only. If the Equipment is returned withinthe first fifieen (15) days of the billing period, Lessee shall be responsible for paying half of the Total Charges per Month: if Equipment isreturned between the sixteenth (16th) and thirtieth (30th) days of the billing period, Lessee shall be responsible for paying the entire amount ofthe Total Charges per Month. The charges reflected in this Agreement for Charges Upon Return will be adjusted for any Lease Term longerthan twelve (12) months or if the Lease is extended beyond the initial Lease Term, pursuant to Section 5.

8. WARRANTIES; DISCLAIMER. Lessor warrants to Lessee that the Equipment, when delivered and set up and under normal use andregular service and maintenance by Lessee, shall be free from major defects in materials and workmanship that prevent any normal use andoperation. Accessories supplied by Lessor pursuant to this Agreement but not owned by Lessor shall not be subject to the foregoingwarranty, but shall carry the applicable warranty of the Accessory owner, which Lessor hereby assigns to Lessee to the extent transferable.Lessor's liability under this warranty shall be limited to the replacement or repair of the defective Equipment (during Lessor's normal workinghours), at Lessor's option: provided, however, that Lessee shall provide written notice of any Failure or defect to Lessor within Tour (4) daysafter discovery, and within the applicable warranty period, and failure to provide such notice in a timely manner may result in a limitation ofthis warranty at Lessor's sole option. If Lessee does not grant clear, unobstructed access (or any such repairs between 8:00 a.m. and 5:00p.m., Monday through Friday, Lessee shall bear the cost of repair rates for labor at the applicable overtime rates. This warranty does not Quote # Q-438425
4/23/2024 2:24:45 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

145

IL 1115 Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
WWW.mqrC.COm
Lease Quotation and Agreement
Quote # Q-438425
Date of Quote 03/1 3/2024
Quote Expiration Date:

Lease Term: 22 Months
Lessee PO#:
extend to any Equipment sublected to improper application, damaged by accident or abuse, or repaired or altered outside of Lessor's facilitieswithoutpriorwritten authorization from Lessor. THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE

LESSOR'S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE EQUIPMENT AND SERVICES, AND ARE IN LIEU

OF AND EXCLUDE ALI OTHER WARRANTIES, GUARANTEES, PROMISES, AFFIRMATION OR REPRESENTATIONS OF

ANY KIND, EXPRESSED OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE EQUIPMENT OR SERVICES,

INCLUDING WITHOUT LIMITATION, THE CONDITION OF THEEQUIPMENT, ITSMERCHANTABILITY OR ITS FITNESS

FOR ANY PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT OR AS TO TITLE, WARRANTIES ARISING FROM COURSE OF DEALING OR US AGE OR TRADE OR ANY OTHER M ATTER. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL EQUIPMENT AND SERVICES ARE BEING PROVIDED "AS IS", "WHERE IS, WITH ALL FAULTS". LESSOR

SPECIFICALLY DISCLAIMS ANY WARRANTY, GU ARANTY OR REPRESENT ATION, ORAL OR WRITTEN, PAST OR PRESENT, THERETO. LESSEE HAS SELECTED ALL EQUIPMENT FOR LESSEE'S INTENDED USE AND RECOGNIZES THAT LESSOR IS NOT ADESIGNER OR MANUFACTURER OF ANYEQulPMENT.

9. TAXES. Lessee agrees to be responsible for all charges, fees and taxes (local, state and federal) levied or assessed upon Lessee or Lessor relating to the ownership, leasing, rental, sale, possession, use or operation of the Equipment (including, without limitation, sales, use and personal property taxes) provided, however, that the foregoing obligation shall not apply to any local, state or federal income tax assessed against the Lessor as a result of this Agreement which shall continue to be the obligation of Lessor. Lessee shall pay all such taxes for which it is responsible to the appropriate taxing authorities or, if directed or invoiced by Lessor, pay such amounts to Lessor for remittance by Lessor to the appropriate taxing authorities.

10. LOSS OR DAMAGE. Upon delivery and until the Equipment is removed from the Site by Lessor or its authorized agent, Lessee assumes all risk of loss or damage to the Equipment. Should any Equipment damaged be capable of repair, the Equipment shall be repaired and restored to its condition existing prior to such damage, at Lessee's sole cost and expense. In the event any of the Equipment is damaged beyond repair or is lost, stolen or wholly destroyed, this Agreement shall cease and terminate as to such Equipment as of the date of the event, accident or occurrence causing such loss or destruction, and Lessee shall pay Lessor within forty-five (45) days thereafier, an amount equal to the full replacement value of the Equipment, which payment obligation shall survive the termination of this Agreement.

11. INSURANCE. Lessee shall procure and maintain, at its sole expense (including all premiums, deductibles and self-insured retentions), (i) property insurance covering the loss, theft, destruction, or damage to the Equipment in an amount not less than the full replacement value thereof (and with a deductible no higher than $25,000), naming Lessor as loss payee of the proceeds, and (ii) commercial general liability insurance (minimum of $1,000,000 per occurrence and $2,000,000 in the aggregate) (and with a deductible no higher than $25,000), naming Lessor and its designees as additional named insureds. Lessee's insurance shall be primary and non-contributory to any insurance maintained by Lessor or any other additional insureds or additional named insureds. The liability insurance policy shall contain coverage for all contractual indemnity obligations of Lessee set forth in this Agreement, cross-liability and waiver of subrogation provisions in favor of Lessor and any other additional insureds All evidence of all required insurance shall be in a form reasonably acceptable to Lessor and with a company having an A.M. Best rating of A- (Vll) or better, and shall not be su5lect to cancellation without thirty (30) days' prior written notice to Lessor. Lessee shall provide to Lessor insurance certificates and endorsements (including without limitation, additional insured and loss payee endorsements) evidencing compliance with the insurance requirements of this Agreement (including without limitation, the deductible amounts and waiver of subrogation) prior to delivery of the Equipment and shall maintain all required insurance coverage until the Equipment is returned to Lessee. Lessor will not and does not provide insurance for any of Lessee's personal property that may be in or on any Equipment.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY.
(a) LESSEE ON BEHALF OF ITSELF, ITS SUCCESSORS, ASSIGNS, PARENTS, SUBSIDIARIES, VENDORS, SLIBCONTRACTORS,

AND AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH, A "LESSEE PARTY," AND COLLECTIVELY, THE "LESSEE PARTIES") SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS LESSOR, ITS SuCCESSORS, ASSIGNS, PARENTS, SuBSIDIARIES, VENDORS, CONTRACTORS, AND AFFILIATES, AND

THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, VENDORS, MEMBERS, SHAREHOLDERS, PARTNERS, CONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (EACH A "LESSOR INDEMNIFIED PARTY," AND COLLECTIVELY, THE "LESSOR INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, FEES, COSTS, EXPENSES, CLAIMS, LIABILITIES, DAMAGES, PENALTIES, FINES, FORFEITURES, AND SulTS (INCLUDING COSTS OF

DEFENSE, SETTLEMENT AND REASONABLE ATTORNEYS' FEES, ENVIRONMENTAL CONSULTANTS AND EXPERT WITNESS FEES AT TRIAL AND ON APPEAL) (COLLECTIVELY, "LOSSES") RELATING TO, ARISING OUT OF OR IN CONNECTION WITH: (1) ANY BREACH OR NON-FULFILLMENT OF ANY COVENANT, AGREEMENT, OR OBLIGATION TO BE

PERFORMED BY LESSEE PURSUANT TO THIS AGREEMENT, OR ANY INACCURACY IN OR BREACH OF ANY OF THE REPRESENT ATIONS OF LESSEE SET FORTH IN THIS AGREEMENT; (2) THE OCCURRENCE OF ANY EVENT SET FORTH IN SECTION 13; (3) THE SELECTION, USE, POSSESSION, DELIVERY, RENTING, LEASING, SuBLEASING, OPERATION,

TRANSPORT, MAINTENANCE, CONDITION, REPAIR, REPLACEMENT, REPOSSESSION, RETURN OR STORAGE OF ANY EQUIPMENT OR ANY SERVICES; (4) ANY FAILURE BY ANY LESSEE PARTY TO COMPLY WITH ANY APPLICABLE LAW IN CONNECTION WITH ANY EQUIPMENT OR THE SERVICES OR THIS AGREEMENT; (5) ANY DEATH OR BODILY INJURY TO

ANY PERSON OR DESTRUCTION OR DAMAGE TO ANY PROPERTY TO WHICH THE ACTS OR OMISSIONS OF A LESSEE PARTY CONTRIBUTED; OR (6) ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF ANY LESSEE PARTY FOR ANY ACTION RELATED TO OR ANY USE OF ANY EQUIPMENT. THIS INDEMNITY SHALL APPLY EVEN IF SAID LOSSES ARE

OCCASIONED, BROUGHT ABOUT OR CAUSED BY THE CONCURRENT NEGLIGENCE OF ANY LESSOR INDEMNIFIED PARTY,

UNLESS A COURT OF COMPETENT JURISDICTION SHOULD DETERMINE THAT THE LOSSES WERE PROXIM ATELY CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF A LESSOR INDEMNIFIED PARTY. IF THE FOREGOING Quote # Q-438425
4/23/2024 2:24:45 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

146

4 Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www.mqrc.com
Lease Quotation and Agreement
Quote# Q-438425
Date ofQuote 03/13/2024
Quote Expiration Date:

LeaseTerm: 22Months
Lessee PO#:

OBLIGATIONS ARE NOT ENFORCEABLE AGAINST LESSEE UNDER APPLICABLE LAW, LESSEE AGREES TO INDEMNIFY,

DEFEND, RELEASE AND HOLD HARMLESS LESSOR INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES TO THE FuLLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLuDING, WITHOUT LIMIT ATION, TO THE EXTENT OF THE ACTS OR OMISSIONS OF THE LESSEE PARTIES' NEGLIGENT OR WORSE CONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. (b) TOTHEFULLESTEXTENTNOTPROHIBITEDBYLAW,LESSOR'SLIABILITY,IFANY,SHALLBELIMITEDTOTHEVALUEOF

RENT AL FEES AND ALL OTHER AMOUNTS PAID BY LESSEE AND RECEIVED BY LESSOR UNDER THIS AGREEMENT FOR

THE EQUIPMENT AND/OR SERVICES, AND LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY THIRD-PARTY FOR

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

13. EVENTS OF DEFAULT; REMEDIES. Each of the following shall constitute an "Event or Default"' (1 )failure by Lessee to make any payment within ten (10) days after its due date: (2) failure by Lessee to perform any other obligation under this Agreement, and the continuance of such default for ten (10) days afler written notice thereof by Lessor to Lessee (3) any material misrepresentation or false statement of fact by Lessee; (4) the loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any o( the Equipment; or (5) Lessee's dissolution, termination of existence, discontinuance of business, insolvency, or the commencement of any bankruptcy proceedings by or against, Lessee. Lessee acknowledges that any Event of Default will substantially impair the lease value of the Equipment hereof. Upon the occurrence of any Event of Default, Lessor may, without notice, exercise one or more of the following remedies (1) declare all unpaid payments under this Agreement to be immediately due and payable; (2) terminate this Agreement as to any or all items of the Equipment; (3) take possession of the Equipment wherever found, and for this purpose enter upon any premises of Lessee and remove the Equipment, without any liability to Lessee (4) direct Lessee at its expense to promptly prepare the Equipment for pickup by Lessor; (5) proceed by appropriate action either in law or in equity to enforce performance by Lessee of the terms of this Agreement or to recover damages for the breach hereof, including attorneys' fees and any other expenses paid or incurred by Lessor in connection with the repossession of the Equipment: (6) apply the security deposit specified in this Agreement ('aSecurity Deposit") to payment of Lessor's costs, expenses and attorney fees in enforcing the terms of this Agreement and to indemnify Lessor against any damages sustained by Lessor, and/or (7) recover the replacement cost of any Equipment which Lessor is unable to repossess.. Lessor's waiver of any Event of Default shall not constitute a waiver of any other Event of Default or of any term or condition of this Agreement. No right or remedy referred to herein is intended to be exclusive and each may be exercised concurrently or separately and from time to time. In the event of repossession, Lessee waives any bond posting requirement.

Lease Terms and Conditions, Rev. 07/Cll/2022
Quote # Q-438425
4/23/2024 2:2445 PM

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

147

(1> 1 .i
I'mn,=.=..

I
Ramp 6' Ramp 6' Ramp 6'
o l
""- [3 7

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

148

I Ramp 6' Ramp 6' Ramp 6' Iet.el Let.xl

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

149

2flO = 6' (l'a
3T (l'a
i?xx!Ozl-\c2)"?cS+roe=?(o

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

150

Rev. 0
February 2022
DOCUMENT 00 4315

BOND ACCOMPANYING BID
KNOW ALL BY THESE PRESENTS:

That the undersigned
McGrath RentCorp dba Mobile Modular Management Corporation (Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF FOSTER CITY, as obligee, in the penal sum of (Dollar Amount In Words) TenPercenioftheTotalAmountBid Dollars($ 10%)IawfulmoneyoftheUnitedStatesofAmerica being at least ten percent (1 0%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for Owner Agreement Number C1P301-678, Recreation Center Modular Buildings Project at 650 Shell Blvd, Foster City, CA. 94404.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Agreement be awarded to said Principal and said Principal shall, within the required periods, enter into the Agreement so awarded and provide any required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00 2115 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this 3 day of March , 2024
(Month)
(Corporate Seal)
McGr4th RentCorp qlba Mobile,lodular Management Corporation BV//
By RLI Insurance Company
(Corporate Seal) BY
Surety
Attorns'i Faff Edith Garibay, Attorney-in-Fact

END OF DOCUMENT
Bond Accompanying Bid
City of Foster City 00 4315-1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

151

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

StateofCalifornia )
Countyof Orange )
@n 0 ')-l i-20 'i'\ before me, Kim Heredia, Notary Public Data Here Insert Name and Title of the Officer
personally appeared Ed'h Gart5ay
Name(s) of Signer(s)
wsuhboscprrlboevdedt0tothmeeW5:i,hn.InthlnestbrausmisenotfasnadtisafcakcntooryWIeedvgideednce mtoebtheatth,e/psehres/ot:!y whose nameQ is/@'e I tg executed the same ip
authorized capacity(iyO), and that by 14/her/t56ir signature(s2 on the instrument the perso4), upon behalf of which the personp Acted, executed the irfstrument.40rt/hheere/tnhfty lil*JH,c,.M,'-o"'a"cCmomwmo'mliaK'PmsmuQbmH'.lIiErc.'#t'Ca2Jn4:D"ll5w'lf5:r5l0Jiy",lzao2Bi i, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Kim Heredia Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual € Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:

Signer Is Representing:

Signer's Name:
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual € Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:

Signer Is Representinq:
@2014NationalNotaryAssociatiorrwww.NationalNotary.org'l-800-USNOTARY(1-800-876-6827) ltem#5907

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

152

POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
KnowAllMen by ThesePresents:

That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.

That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:

Eugene T. Zondlo, Edith Garibay, William R. Curtis, John F. Momoe, Kim E. Heredia, Kassandra De Leon, Edith Garibay, jointly or severally
in the City of Irvine , State of California its hue and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation.

The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers ofthe Company.

RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretaiy, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the coiporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this l7th day of October . 2023
BartonW.Davis VicePresident
CountyofPeoria ) CERTIFICATE
On this day of 2023 before me, a Notary Public,
personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation.

Catherine D. Geiger Notary Public
I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Icnos,urpaanncye,Cosmllftipany andad/yoOrf\Aiatrraccthors Bondin,gnaand Insurance RLI Insurance Company
Contractors Bonding and Insurance Company
By: Jeffrey (h /) 'f' 4 Corporate Secretary
0458247020112
AOO58D19

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

153

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

State of California
County of Alameda
S / (insert name and title of the officer)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

COMM. #2439487 z

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

154

mmoo9urar -p
Your Projed - Our Commitment
4/25/24
Re: Modular Building Project 301-678
Good afternoon:

Thank you for the opportunity to bid on your modular building needs and our bid is enclosed. We have followed the bid package closely, but we have added these clarifications/exceptions to our proposal. Our bid is based on these clarifications and should be considered as part of our proposal:

The restroom building will be HCD approved. In addition, the plumb tree/manifold is not included and should be supplied, assembled and connected by your site plumber. Plumbing and electrical connections to be performed by others also. Paper and soap dispensers, sanitary and trash receptacles are not provided.

The exterior colors for all buildings are our standard Camel/Mesa Brown. The buildings can be painted custom colors for an additional charge.

The stand alone alarms are merely a pull station and horn and are not connected to a central hub or location. The smoke detectors are stand battery detectors and any future battery changes would be the responsibility of the customer. Each classroom will contain a standard fire extinguisher.

If an order is placed this week, we could have the buildings ready for delivery as soon as July 8.

Once delivered, set up will take approximately 6-8 work days.

The bid bond has been included. Payment and performance bonds can be provided if we are awarded the project.

We take exception to the skilled and trained workforce program. The set up contractor is a licensed CA contractor and its workers are skilled, trained and experienced in the set up of modular buildings.

Pricing does not include any obstruction removal, site restoration upon building removal, electrical or plumbing connections, furniture, casework, appliances, door stops, phone and/or data lines, gutters, downspouts or tie in, fire sprinklers, temporary power, temporary fencing, traffic control, flagmen, fees associated with inspections, city or county submittals and/or use permits.

Thank you again for the opportunity to provide this proposal. Please contact me for any questions or comments.

Regards,
vyE,..,
Matt Benas
Sales Representative
800.944.3442
MobileModularRents.com
(orporate Headquarters
5700 Las F)ositas Rd
Liwimore, CA 9455 l
T 925.606.9000
F 925.453.320'l
Southern California
11450 Mission Blvd
Mira Loma, CA 91752
T 951 .360.6600
F 95 l 360.6622
Texas
4445 East Sam Houston Pkwy S
Pasadena, TX 77505
T 28i.487.9222
F 28 l .487. l 289
Florida
PO BOX 470817
Celebration, FL 34141
T 407.873.i431
F 800.295.8036

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

155

6 4
0 DATE: May 20, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO SHAW
INTEGRATED AND TURF SOLUTIONS, INC. DBA SHAW

SPORTS SYNTHETIC TURF FOR THE CONSTRUCTION OF

THE EDGEWATER PARK SOFTBALL AND SOCCER
SYNTHETIC RESURFACING PROJECT (CIP 301-712)

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

1. The Mayor to execute an agreement with Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf in the amount of $698,937.20 for the construction of the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301- 712); and

2. The establishment of a contingency in the amount of $140,000.00 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount.

EXECUTIVE SUMMARY

6.6 6.6 Staff Report

156

6 4
0 CIP 301-712 consists of removing and replacing approximately 80,000 square feet of existing synthetic turf. The new turf will have updated striping to optimize the field usage.

Four (4) bids for the construction of the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712) were received and opened on Monday, April 29, 2024.

Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf submitted the lowest responsive and responsible bid in the amount of $698,937.20.

Total funding in the amount of $900,000 is available in the approved project budget, which is sufficient to fund the construction of this project.

Construction is anticipated to start in July 2024 and is estimated to take seven (7) weeks to complete. City staff and design consultant, Verde Designs, Inc. will provide construction support and inspection services as part of their agreement approved by the City Council on October 16, 2023.

BACKGROUND
The Edgewater Park softball and soccer synthetic field was installed in fiscal year 2013- 2014 and requires replacement every ten years to maintain the integrity of the highly used field. The project consists of removing and replacing approximately 80,000 square feet of existing synthetic turf. For this project, the subsurface is still in good condition and will require minor repairs. The existing striping will be modified based on user feedback to optimize field usage and the City’s needs.

On October 16, 2023, the City entered into an agreement with Verde Design Inc. to prepare construction documents for synthetic field replacement and provide construction support services.

On April 1, 2024, the City Council adopted Resolution No. 2024-23 approving the plans and specifications for CIP 301-712 and authorizing the call for bids. Out of four (4) bids received and opened, the low, responsive, and responsible bid was $698,937.20 submitted by Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf (Shaw Sports). It was noted before the call for bids that the engineer’s estimate was over the existing budget, and additional funding may be required. Based on the low responsive and responsible bid, additional funding is not necessary.

The scope of work for the base bid consists of replacing the synthetic turf field with new turf and replacing the existing rubber infill. The existing rubber infill will be replaced with a natural infill. Minor repairs will be done to the base and modifications to the striping layout will be performed to optimize the field’s usage.

After awarding the construction contract and before the start of construction, the contractor shall provide all their necessary paperwork and meet with the City for a preconstruction meeting.

6.6 6.6 Staff Report

157

6 4
0 ANALYSIS
The bid results are as follows:

Company Name Received Bids Difference from Engineer’s
Estimate
$ %
Sprinturf LLC $682,550.20 ($220,282.80) (28%)
Shaw Integrated and
Turf Solutions, Inc.
dba Shaw Sports
Synthetic Turf
$698,937.20
($203,895.80) (25%)
American Sports
Construction Inc.
$806,134.80 ($96,698.20) (11%)
FieldTurf USA, Inc. $849,155.00 ($53,678.00) (6%)
Engineer’s Estimate $902,833 - -

The apparent low bid from Sprinturf LLC in the amount of $682,550.20 was found to be nonresponsive. The contractor submitted a conditional bid such that the work could not be completed at the bid price if their substitution requests were rejected. Conditional bids are considered to be nonresponsive.

The lowest bidder that met all the bid requirements is Shaw Sports. Their contractor license is current and active according to the Contractors State License Board (CSLB).

Construction is anticipated to start on July 15, 2024, and be completed before September 2, 2024 (Labor Day). These dates were selected to be the least disruptive to athletic programs and sports user groups that regularly use the field. Project management, inspections, construction support, and field coordination will be done by City staff and the Verde Design, Inc.

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

FISCAL IMPACT
Funding of $900,000 is currently available for design and construction in the approved CIP 301-712 budget.

6.6 6.6 Staff Report

158

6 4
0 The construction bids came in below the engineer’s estimate. It is not anticipated that additional funding will be required.

A contingency of $140,000 or approximately 20% of the total bid is requested to pay for any unforeseen conditions during construction. A larger contingency is being requested due to the unknown nature of the disposal costs for the existing rubber material being removed. The material will likely be tested following the removal and may require additional costs for disposal depending on the test results.

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

Attachment 1 – Resolution
Attachment 2 – Construction Agreement
Attachment 3 – Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

6.6 6.6 Staff Report

159

2 1
0 5
RESOLUTION NO. ___________

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

AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACT TO SHAW
INTEGRATED AND TURF SOLUTIONS, INC. DBA SHAW SPORTS SYNTHETIC TURF

FOR THE CONSTRUCTION OF THE EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT (CIP 301-712) AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(B)(3) AND 15301(C) – EXISTING

FACILITIES

CITY OF FOSTER CITY
WHEREAS, at the meeting on April 1, 2024, the City Council adopted Resolution No. 2024-24 approving the plans and specifications, and authorizing the Call for Bids for the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712); and
WHEREAS, out of four (4) bids received and opened on April 29, 2024, Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf submitted the lowest responsible and responsive bid in the amount of $698,937.20; and WHEREAS, a project contingency in the amount of $140,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act; and
WHEREAS, funding in the amount of $900,000 was approved for the project budget for CIP 301-712.

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

1. The Mayor to execute an agreement with Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf, dated May 20, 2024 in the amount of $698,937.20 for the construction of the Edgewater Park Softball and Soccer Synthetic Resurfacing (CIP 301-712); and

2. The establishment of a contingency in the amount of $140,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount.

6.6 Attachment 1 - Resolution

160

2 1
0 5
BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

161

CITY OF FOSTER CITY (OWNER)
610 Foster City Boulevard, Foster City, CA 94404

CONTRACT
EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT, DATE: May 20, 2024
Contract 03/22 v1
City of Foster City 00-5205 - 1

1. Identification of Contractor.

CONTRACTOR: Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf
LICENSE NO: 1104309

2. Scope of The Work.See Scope of Work attached as Appendix A.

Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is
$698,937.20, to be paid as (check one): (1) ☐ lump sum; (2) ☒ lump sum with progress payments; (3) ☐ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $ 698,937.20. All payments (check one): ☒ shall ☐ shall not be subject to a five percent retention.

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

3. Schedule of Performance for the Work. Contractor shall commence and complete the Work by the following dates:

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

Substantial Completion Date: Within 40 calendar days of Commencement Date.

Final Completion Date: Within 4 calendar days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A.As liquidated damages for delay Contractor shall pay Owner Seven Hundred Fifty Dollars ($750) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B.As liquidated damages for delay Contractor shall pay Owner Seven Hundred Fifty Dollars ($750) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A.Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B.Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

4. Terms and Conditions.

4.01Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

A.Appendix A – Scope of Work
B.Appendix B – General Conditions
C.Appendix C – Insurance
D.Appendix D – Construction Performance Bond
E.Appendix E – Construction Labor and Materials Payment Bond F.Appendix F – Supplemental Conditions, if applicable
G.Appendix G – COVID-19 Amendment/Attachment
H.Appendix H – Technical Requirements

4.02The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect.

Agreement number must appear on all invoices and correspondence.

Send invoices in duplicate immediately upon performance of Work ordered hereon to:

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

By: _______________________________________
Patrick Sullivan, Mayor
APPROVED AS TO FORM:

By: ___________________________________
Benjamin Stock, City Attorney

CONTRACTOR
Name: ____________________________________
By: _______________________________________
(signature)
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) By: _______________________________________
(signature)
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) 1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes☐ No

6.6 Attachment 2 - Construction Agreement

162

City of Foster City 00 5205 - 2
Contract 02/22 v1
Appendix A to Contract

SCOPE OF WORK
Work includes but is not limited to the removal of the existing synthetic turf playing surface and installation of a new synthetic turf playing surface as called out in the contract documents for Edgewater Park. Work shall also include minor base fine tuning and infill installation as called out in the documents.
(End of Appendix A)

6.6 Attachment 2 - Construction Agreement

163

Appendix B to Contract

GENERAL CONDITIONS
City of Foster City 00 5205 - 3
Contract 02/22 v1
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.

1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.

1.03 Performance of Work/No Assignment. Time is of the
essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner, and any assignment without Owner’s prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

ARTICLE 2 LEGAL AND MISCELLANEOUS

2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as Owner’s responsibility.

2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its council members, officers, directors, representatives, agents, employees, and volunteers (Owner Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination

6.6 Attachment 2 - Construction Agreement

164

Contract 03/22 v1
City of Foster City 00-5205 - 4
based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault.

Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in the City of Foster City, California.

Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.09 Mandatory Contractor and Subcontractor Registration.

Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

2.11 Construction Performance Bond; Construction Labor
and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond.

Contractor may not substitute cash in lieu of the required bond(s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

2.12 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

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

2.14 Claims.

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

B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost

6.6 Attachment 2 - Construction Agreement

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Contract 03/22 v1
City of Foster City 00-5205 - 5
or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

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

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

2.15 Force Majeure. Except for defaults of subcontractors at any tier, Contractor shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of Contractor, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
(End of Appendix B)

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166

Appendix C to Contract

INSURANCE
City of Foster City 00 5205 - 6
Contract 02/22 v1

1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $4,000,000 general aggregate and $2,000,000 each occurrence, subject to a deductible of not more than $1,000 payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than $2,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $1,000 payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000, per statute.. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against City of Foster City, its council members, officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

4. Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $10,000 for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Installation Floater covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than $10,000 payable by Contractor.

6. Pollution Liability Insurance, with limits of not less than Five Million dollars ($5,000,000) per occurrence and in the annual aggregate, covering losses involving hazardous material(s) and caused by pollution incidents or conditions that arise from the Project or under this Agreement or might be required by federal, state, regional, municipal and local laws, including coverage for bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death, property damage including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed, and defense costs.

7.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 Indemnities as Additional Insureds. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

8.Insurance policies in this Appendix C shall contain an endorsement containing the following terms:

8.01Owner Indemnities shall be named as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and Additional Insured. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.

8.02The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8.03Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City of Foster City thirty (30) days in advance of the effective date thereof.

8.04Contractor insurance shall be primary insurance as to Owner and no other insurance or self-insured retention carried or held by any named or Additional Insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

8.05Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 8.03 above. Contractor shall furnish the Owner with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9.All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of A-, VII or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

10.The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner and Additional Insureds, to the extent required by this Agreement, before the Owner’s insurance or self-insurance may be called upon to protect Owner as a named insured.

11.All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.

12.Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.

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

6.6 Attachment 2 - Construction Agreement

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Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND
City of Foster City 00 5205 - 7
Contract 02/22 v1
KNOW ALL PERSONS BY THESE PRESENTS:

1.THAT WHEREAS, City of Foster City (Owner) has awarded to Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf, as Principal, a Purchase Order Agreement, dated the 20 th day of May, 2024 (Agreement), titled THE EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT in the amount
of $698,937.20, which Agreement is by this reference made a part hereof, for the work described as follows:

Removal of the existing synthetic turf playing surface and installation of a new synthetic turf playing surface as called out in the contract documents. Work shall also include minor base fine tuning as called out in the documents.

2.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3.NOW, THEREFORE, we, the undersigned Principal and
Berkshire Hathaway Specialty Insurance Company as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5.No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6.Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7.Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

8.No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9.Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

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

IN WITNESS WHEREOF, we have hereunto set our hands
this 20th day of May, 2024.

CONTRACTOR AS PRINCIPLE
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
__________________________________________
City, State, Zip Code
(End of Appendix D)

6.6 Attachment 2 - Construction Agreement

168

Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
City of Foster City 00 5205 - 8
Contract 02/22 v1
KNOW ALL PERSONS BY THESE PRESENTS:

1.THAT WHEREAS, City of Foster City (Owner) has awarded to Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf, as Principal, a Construction Services Agreement, dated the 20 th day of May, 2024 (Agreement), titled THE EDGEWATER PARK

SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT
located at Edgewater Park, Foster City, CA, 94404 in the amount of $698,937.20, which Agreement is by this reference made a part hereof, for the work described as follows:

Removal of the existing synthetic turf playing surface and installation of a new synthetic turf playing surface as called out in the contract documents. Work shall also include minor base fine tuning as called out in the documents.

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

3.NOW, THEREFORE, we, the undersigned Principal and
Berkshire Hathaway Specialty Insurance Company as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($698,937.20), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5.This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6.Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7.Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

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

IN WITNESS WHEREOF, we have hereunto set our hands this 20th day of May, 2024.

CONTRACTOR AS PRINCIPLE
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
SURETY
Company: (Corp. Seal)
_____________________________________________
Signature
_____________________________________________
Name
_____________________________________________
Title
_____________________________________________
Street Address
_____________________________________________
City, State, Zip Code
(End of Appendix E)

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169

Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Foster City 00 5205 - 9
Contract 02/22 v1

PART 1 - GENERAL

1.1 DEFINITIONS
Wherever in the specifications and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

A. City/District: The City of Foster City/Estero Municipal Improvement District.

B. Council: The City Council of the City of Foster City.

C. Board of Directors: The Board of Directors of the Estero Municipal Improvement District.

D. Proposer: Any individual, partnership, joint venture, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

E. Contractor: The individual, partnership, joint venture, or corporation with whom the contract is made by the City/District.

F. Engineer: The City/District Engineer acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. See Paragraph 1.08 regarding the authority of the Engineer.

G. Manager: The City Manager or District Manager of the City of Foster City/Estero Municipal Improvement District.

H. Days: Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.

1.2 TRANSFER OF INTEREST
No interest in the contract shall be transferred to any other party without permission of the City.

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

Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.

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

C. City holidays are:

New Year’s Day
Martin Luther King's Birthday
Presidents’ Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day and following Friday

6.6 Attachment 2 - Construction Agreement

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Contract 03/22 v1
City of Foster City 00-5205 - 10
Christmas Eve
Christmas Day
New Year's Eve

1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby. Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.

B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor.

D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material personnel engaged upon the Contractor's work. It shall be the Contractor's duty to see that all of the subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers is made good by them or by the Contractor at the Contractor's expense.

E. The City will not undertake to settle differences between the Contractor and their subcontractors or between subcontractors.

F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the work which are specified to be performed by specialty contractors.

1.5 CHANGES
A. General:

The City reserves the right to make such alterations, deviations, additions to or deletions from the drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.

Work will be issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the

6.6 Attachment 2 - Construction Agreement

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Contract 03/22 v1
City of Foster City 00-5205 - 11
Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.

B. Increases or Decreases in Unit Price Quantities:

1. Increased or Decreased Quantities:

Increases or decreases in the quantity of a contract item of work will be determined by comparing the quantity of work as listed in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City shall have the right to make changes in the plans and/or specifications and the Contractor shall perform the work as changed.

No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event the number of repair locations are increased or decreased from the scheduled maintenance program. All work performed shall be measured and paid based on the contract unit price included in the proposal schedule.

2. Eliminated Items:
a. The City of Foster City reserves the right to eliminate any of the scheduled work. The unit price shall not be subject to change based on the deletion of work.

Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
b. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted. c. The actual costs or charges to be paid by the City to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.

C. Protest Procedure (Change Orders):

1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of

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the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

3. When the protest concerning an approved work order relates to the adjustment of contract time for the completion of the work, the time to be allowed will be determined as provided in Paragraph 1.15 of this section.

D. Extra Work:

Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.

E. REPORTING, INVOICING, AND PAYMENT

1. All work shall be reported monthly upon Total Work Order Sheets furnished by the Engineer to the Contractor and signed by both parties, which monthly reports shall thereafter be considered the true record of work done.

2. Contractor shall submit a record of work completed with each payment request.

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

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

1.6 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City personnel will be as shown in the currently adopted rate schedule, available at the Public Works office. There will be no charges for the inspection of overtime work ordered by the Engineer.

1.7 CHANGES AT THE CONTRACTOR'S REQUEST
If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with this Specification and applies in writing for a modification of the requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City. The Contractor's written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.

1.8 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of

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contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.

B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.

C. Authority and Duties of Engineer's Field Representatives:

1. Field representatives of the Engineer may be stationed on the project site to report to the Engineer as to the progress of the work, the manner in which it is being performed, and to report whenever it appears that material furnished and work performed by the Contractor fail to fulfill the requirements of the contract documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular.

2. In case any dispute arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents. Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.

1.9 INSPECTION BY CITY, QUALITY ASSURANCE BY CONTRACTOR, TESTING A. All materials furnished and work done under this contract will be subject to inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.

B. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.

C. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. If such tests were not required to be performed by the Contractor by the contract documents, the cost of testing will be paid for by the City when tests show that materials or equipment comply with the contract documents, and shall be paid for by the

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Contractor when tests show that materials or equipment fail to comply with the contract documents.

1.10 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as the Engineer may desire respecting the character of the materials and the progress and manner of work, including information necessary to determine its costs, such as the number of personnel employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.

1.11 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.

B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.

1.12 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto.

Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.

1.13 LINES, GRADES, AND MEASUREMENTS
All lines and grades shall be established by the Contractor. The cost of surveying to establish lines and grades shall be included in the various items of work and no separate payments will be made.

1.14 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City.

B. The City will provide the appropriate rights of way and property for pipelines and structures. The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City property.

C. In case areas in addition to those available on the City’s right of way or property are required by the Contractor for the Contractor's operations, the Contractor shall make arrangements with the property owners for the use of such additional areas at the Contractor's own expense.

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1.15 DELAYS AND EXTENSION OF TIME
A. If any delay having a direct effect on the work is caused by factors within the Contractor's control, it is non-excusable and the Contractor will not be entitled to compensation for damages resulting directly or indirectly therefrom, or for any extension of time.

B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.

Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10-year period from 2006 to 2015 is as follows:

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

1.16 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City. When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.

1.17 ROADS AND FENCES
Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.

1.18 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions,

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processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding final payment under this contract may have been made.

1.19 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility:

Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

B. Public Safety:

During the performance of the work, the Contractor shall erect and maintain all necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstances in his judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control.

C. Engineer's Responsibility:

1. The Engineer's review of the Contractor's construction performance is not intended to include review of the adequacy of the Contractor's safety or sanitary measures in, on, or near the construction site. The City assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.

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

1.20 CONTRACTOR'S FINANCIAL OBLIGATION

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

1.21 PROTESTS - CONTRACT REQUIREMENTS
A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within 15 calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor. Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.

B. No later than thirty (30) calendar days following the submission of a protest in accordance with subsection A, the Contractor shall submit to the Engineer his claim concerning the matter so noticed. The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data as may be requested in writing by the Engineer within the time specified in such request. In addition, the Contractor shall maintain complete and accurate daily records of the cost of any portion of the work for which additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.

C. Any decision, order, instructions, notice, or act or omission of the Engineer for which the Contractor has submitted a protest shall be final and conclusive on the Contractor if the Contractor fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City will not be prejudiced, consider and decide a properly documented claim on its merits notwithstanding the Contractor's failure to submit it within the time above stated. The foregoing provision shall create no right to the Contractor, and failure or refusal of the Engineer to exercise the Engineer's authority thereunder shall not be subject to claim by the Contractor.

1.22 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss:

Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount

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or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

B. Materials and Facilities:

1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor's failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor.
a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor's own expense replace damaged or lost material and repair damaged parts of the work.
b. The Contractor shall protect the City facilities from damage resulting from the Contractor's work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.
c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor's direction during construction.

1.23 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by the contract documents.

B. Do not encumber site with excessive material or equipment.

C. Do not impose any load on any structure that will damage or endanger structure.

D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.

1.24 COOPERATION WITH OTHER WORK FORCES
A. Other Contractors, other utilities and public agencies or their Contractors, other City Contractors, and City personnel may be working in the vicinity during the project construction period.

B. There may be some interference between these activities and the work under this Specification. The Contractor shall cooperate and coordinate their work with that of other work forces to assure timely contract completion.

C. Coordinate all activities in and around repair locations.

D. Any costs for providing cooperation with other work forces shall be considered as included in the proposal price for the various contract items of work and no separate payment will be made therefor.

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

B. The Contractor shall be present or be represented by an agent with authority to act for the Contractor and in responsible charge of the work to be accomplished.

1.26 MATERIAL AND WORKMANSHIP
A. Omissions from the Plans and Specifications:

Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that the Contractor shall provide and install such materials as necessary for a complete and functional facility at no additional cost to the City. All work shall be done and workmanship completed consistent with the quality of work standard for the industry for commercial work, notwithstanding any omission from the specifications or the drawings. It shall be the duty of the Contractor to call attention to apparent errors and omissions and request instructions before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.

B. Compliance with Jurisdictional Agency Requirements:

All work performed under this Specification may be inspected as provided in Paragraph

1.09. All work performed within city or county streets or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction. All materials furnished and all work done must be satisfactory to the Engineer. Work, material, or equipment not in accordance with the contract documents shall be made to conform thereto. Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.

1.27 SATURDAY, SUNDAY, AND HOLIDAY WORK
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City holidays which are listed in Document 00800, Paragraph 1.04.

1.28 COOPERATION
The City reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors. The Contractor shall coordinate their work and cooperate with City forces and other contractors to the end that any delay or hindrance to their work will be avoided.

1.29 AGREEMENTS WITH ADJACENT PROPERTY OWNERS
Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for their information.

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1.30 EMERGENCY WORK
A. During Working Hours:

In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.

B. Outside Working Hours:

Whenever in the opinion of the City there shall arise outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City’s forces may choose to handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from their payment as provided in the contract documents. The performance of emergency work by City forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

1.31 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/OR STANDARDS In case of conflict among contract documents, the document of highest precedence shall prevail. The descending order of precedence shall be:

1. Permits and Agreements with Other Agencies

2. City Codes

3. Technical Specifications

4. Contract Requirements

5. Project Drawings

6. City Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

1.32 FIRE PROTECTION
A. The Contractor shall provide access to all fire hydrants located along the line of their work. Such access shall meet the approval of the City Public Safety Department, and should it be necessary to close a portion of a street for a limited time, such street shall not be closed until the Contractor has the approval of said Department.

B. The City Public Safety Department shall be notified when a street is opened after it has been closed.

C. Approval shall be obtained from that Department for the use of any fire hydrant.

1.33 ORDER OF WORK
A. When required by specifications or plans, the Contractor shall follow the sequence of operations as set forth therein.

B. Full compensation for conforming to such requirements will be considered as

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included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

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

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the contract.

C. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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

Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(1) (a) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(b) The claimant shall furnish reasonable documentation to support the claim,

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pursuant to Appendix B (General Conditions), Section 2.16. (c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

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(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

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

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

1.36 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.

1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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SUPPLEMENTAL CONDITIONS
Contract 03/22 v1
City of Foster City 00-5205 - 24

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.

3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

1.37 PERMITS AND LICENSES
A. The Contractor shall secure and pay for, as necessary for proper execution and completion of work:

1. All permits, including CAL/OSHA excavation permit, not specifically furnished by the City.

2. Government fees.

3. Licenses.

4. Certifications.

5. Business License from the City of Foster City.

6. Building, Plumbing, and Electrical Permits from the City of Foster City.

B. Give required notices as required by the permits prior to work.

C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.

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

1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the City that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City. To prohibit discrimination because of race, color, religion, sex or national origin, all proposers shall be prepared to demonstrate that they and their subcontractors have undertaken a continuing program to promote the full realization of equal employment opportunities.

1.39 OWNER'S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to prosecute the work properly in accordance with the contract documents, the owner, after 10 consecutive calendar days following written notice to the contractor and their surety may, without prejudice to any other remedy the owner may have, and without declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor's surety. The owner reserves the right to take over work in the event of an emergency.

1.40 Signage and Closures

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SUPPLEMENTAL CONDITIONS
Contract 03/22 v1
City of Foster City 00-5205 - 25
Contractor shall be responsible for posting park closure signs. A digital file will be provided by the city for 8.5”x11” notices that shall be posted around the construction site. A minimum of 4 barricades shall be posted with the signage.

1.41 Schedule
Contractor shall complete the project in the allotted time period. Failure to do so will result in liquidated damages due to the field being utilized for sports programming. Contractors should not bid on the project if they do not have the availability to complete the work.

Calendar days are anticipated to start on July 15, 2024. * END OF DOCUMENT *

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
City of Foster City 00 5205 - 26
Contract 02/22 v1

EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING PROJECT

PAYROLL CERTIFICATION FORM
I, , the undersigned, am , (Name – Please Print) with the
authority to act for . (Position in Business)
for and on behalf of . (Name of Business and/or Contractor)
do hereby certify under penalty of perjury that the payroll records or copies thereof hereby submitted, consisting of (Description, # of
, are the originals, or true, full, and Pages) correct copies of the originals, which correctly depict the craft or type of work performed, hours and days worked, prevailing wage rates, and disbursements, by cash, check or other form, to the individual or individuals named.

DATE: SIGNATURE
(End of Appendix F)

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Appendix H to Contract
Technical Requirements
City of Foster City 00 5205 - 27
Contract 02/22 v1
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf (“Contractor”) dated May 20, 2024.

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

B. A “COVID-19 Condition” is something attributable to COVID- 19 not caused by the Contractor (which for purposes herein includes all subcontractors) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID- 19, and other circumstances concerning COVID-19 not caused by the Contractor and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Contractor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Contractor’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Contractor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19
Condition the Contractor did not know about, and reasonably should not have known about, as of the date the Contractor submitted its proposal.

The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the 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 and unavoidable under the circumstances; (iii) is not the result of the Contractor’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subcontractors failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

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

3. Compliance with COVID-19 Proclamations.

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

B. Contractor is responsible to ensure that its subcontractors and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Contractor may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Contractor is entitled to a time extension for a City 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.

6. Compensation for COVID-19 Costs. City will reimburse the Contractor for Unknown COVID-19 Costs which are not included in the schedule of values.

7. Safe Work Practices. Contractor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Contractor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

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

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

IN WITNESS WHEREOF, the City and Contractor have executed this Covid-19 Amendment as of the date set forth above.

CONTRACTOR: CITY:
___________________________
Signature Signature
___________________________
Print Name & Title Print Name & Title
(End of Appendix G)

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1/18/2022
Appendix H to Contract
Technical Requirements
SECTION 01025

MEASUREMENT AND PAYMENT
PART 1--GENERAL

1.01 DESCRIPTION
Payment will be made on a lump sum basis or unit price basis or combination thereof, as set forth in Document 00 4115, Schedule of Bid Prices.

1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT
(NOT USED)

1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT
A. All work to be paid for at a contract price per unit of measurement will be measured by the ENGINEER in accordance with United States Standard Measures. Material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor. All scales shall be regularly inspected and sealed by the Division of Measurement Standards or its designated representative.

B. When required by the ENGINEER, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the ENGINEER at the point of delivery of the material.

1.04 (NOT USED)

1.05 PARTIAL PAYMENT FOR STORED MATERIALS
A. The Contractor shall receive no additional compensation for materials stored on site.

1.06 MEASUREMENT AND PAYMENT OF BID ITEMS
A. MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS (BID ITEM NO. 1)

1.Full compensation for all mobilization consisting of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, traffic control measures including supplying, maintaining all traffic signs, portable barricades and delineators required, any required flagging costs, as necessary to implement traffic control measures will be considered as included in the lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL

CONDITIONS AND OTHER
INCIDENTALS and no separate payment will be made therefore. Attention is directed to the 2023 Caltrans Standard Specifications Sections 7-1.03, “Public Convenience,” 7-1.04, “Public Safety,” and 12- 3.04, “Portable Delineators.” The Contractor shall cooperate with local authorities relative to handling traffic through the area, and shall make his own arrangements relative to keeping the work area clear of parked vehicles.

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Technical Requirements

2.Full compensation for restoring existing landscape and damaged structures, and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. This work shall include, but is not limited to: restoration of irrigation, concrete walkways, landscaping, and structures damaged or impacted during construction.

Restoration & replacement of existing lawn or other improvements removed or damaged due to work shall be to restored or replaced in kind to the satisfaction of the City.

3.Full compensation for furnishing and installation of temporary project security fence with wind and shade screen to contain dust and debris, temporary portable sanitary toilet facilities and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. This work
shall include, but is not limited to installation of 6 feet high chain link fence as temporary project security fence and provision of temporary portable toilet sanitary facilities during contract and maintenance periods at location specified in the drawings or as directed in the field and the removal of the said temporary fence and temporary toilet sanitary facilities at project completion as directed by the Engineer.

4.Full compensation for all general conditions administrative items, including management, all submittals, initial and progress schedules, meetings, and other incidentals related to the completion of this Project shall be included as a lump sum price paid for MOBILIZATION, TRAFFIC CONTROL, GENERAL CONDITIONS, AND OTHER INCIDENTALS. Attention is directed to the General Conditions, Special Conditions, and General Requirements of these Specifications.

B. STORMWATER POLLUTION PREVENTION (BID ITEM NO. 2)

1.Payment for performing stormwater pollution prevention work shall include full compensation related to completion of this Project as a lump sum price for STORMWATER POLLUTION PREVENTION. This work shall include, but not be necessarily limited to best management practices, storm drain inlet protection, dust control measures, and all other incidentals and associated work required and no additional compensation shall be made therefor.

C. SITE PREPARATION AND DEMOLITION (BID ITEM NO. 3)

1.Payment for site preparation and demolition shall include full compensation for this Project as a per square foot price. This work shall include, but is not be necessarily limited to, demolish and disposal of synthetic turf; and other related work items that may be required and no additional compensation shall be made therefor.

D. ROCK FINE GRADING & DRAINAGE / SHOCK PAD REINSTALLATION (BID ITEM NO. 4)

1.Payment for rock fine grading & drainage / shock pad reinstallation shall include full compensation for this project as a per square foot price. This work shall include, but is not necessarily limited to, fine grading of field rock to achieve planarity requirements for Project; moisture conditioning; compaction; re- installation of drainage / shock pad product; and other incidentals that may be required and no additional compensation shall be made therefor.

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Technical Requirements
E. FIELD TURF SURFACING (BID ITEM NO. 5)

1.Payment for field turf surfacing shall include full compensation for this Project as a per square foot price. This work shall include, but is not necessarily limited to, furnishing and installing synthetic turf and such work to include, but is not limited to synthetic turf with field striping; non-SBR rubber infill; new Brock Pad panels as needed; new filter fabric; and other incidentals and associated work required and no additional compensation shall be made therefor..

F. TURF MAINTENANCE SERVICE CONTRACT (BID ITEM NO. 6)

1.Payment for turf maintenance service contract shall include full compensation for this Project as a lump sum price. This work shall include, but is not necessarily limited to, providing two (2) maintenance service visits per year through the duration of the manufacturer’s 8 year warranty (at the City’s request) per Section 32 18 13 – 1.07 of the specifications.

G. PROJECT CLOSEOUT DOCUMENTS (BID ITEM NO. 7)

1.Payment for project closeout documents shall include full compensation for this Project as a lump sum price. This work shall include, but is not necessarily limited to, providing all materials and project closeout documents as called out in the Contract Documents, including all field maintenance guidelines and warranties and no additional compensation shall be made therefor.

PART 2--(NOT USED)
PART 3--EXECUTION

3.01 PROGRESS PAYMENTS
A. Within 5 days after the cutoff date, the Contractor shall make and submit to the ENGINEER an approximate measurement of all materials supplied and work performed up to the established cutoff date for the purpose of making a progress payment. The progress payment cutoff date shall be the monthly anniversary of the date of the Notice to Proceed.

B. The Contractor will classify the work according to items listed on the bidding form and will estimate the value of the same on the basis of the prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Schedule of Costs for lump sum bid items. Payment for unit price bid items will be based on the actual amount of work performed as measured in the field. The Contractor’s estimate of work performed shall be subject to adjustment by the ENGINEER.

3.02 FINAL PAYMENT AND RETENTION
A. Upon Final Acceptance of the work, Owner shall execute and cause a Notice of Completion to be sent to Contractor and recorded with the San Mateo County Recorder. Owner shall release Final Payment (including any withheld retentions) 35 days after the recording of the Notice of Completion or as soon as the Application for Final Payment is made, whichever is later. * END OF SECTION *

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Construction Facilities and Temporary Controls 01500- 1

EDGEWATER PARK SOFTBALL AND SOCCER
SYNTHETIC RESURFACING PROJECT Updated
1/18/2022
Appendix H to Contract
Technical Requirements
SECTION 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL

1.01 DESCRIPTION
Work included: Provide temporary construction facilities, utilities and controls needed for the work.

PART 2--(NOT USED)
PART 3--EXECUTION

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

B. The temporary facilities to be provided by the Contractor as described above shall conform to all requirements with regard to operation, safety, and fire hazards of state and local authorities and of underwriters.

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

3.02 SOUND CONTROL
A. Comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

C. The maximum noise level shall be 85 dBA.

3.03 DUST AND LITTER CONTROL
A. Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.

B. All trucks shall be loaded in a manner which will prevent dropping of materials or debris on streets. The loads shall be trimmed and all material shall be removed from shelf areas of vehicles to prevent spillage. Take precautions when necessary to avoid creating dust and littering by watering the load after trimming.

C. Keep the job site in a neat and sanitary condition during the progress of the work. Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.

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Technical Requirements

3.04 DRAINAGE
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion. Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.

3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required.

The Contractor shall plan and perform the work in a manner, which will minimize the use of water.

B. The Contractor shall furnish, at his expense, all water required for the completion of the work. Water is available to the Contractor at the nearest hydrant provided the Contractor has made arrangements to obtain a temporary water meter from the City. The Contractor shall pay for all necessary rental and deposit fees required for temporary meter. The temporary hydrant meter application will be provided by the City at the preconstruction meeting.

3.06 SECURITY OF SITE
A. Security of the site shall be the Contractor’s responsibility from commencement of work until completion of contract.

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

3.07 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever.

B. The Contractor shall not occupy City -owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City.

3.08 FIELD OFFICE AND LAYDOWN AREAS
The Contractor shall procure additional space for laydown of materials, spoils and equipment at Contractor’s own expense. Location of such additional space shall be subject to approval of the City.

3.09 EXISTING UTILITIES LOCATION - U.S.A.

The City of Foster City subscribes to the Underground Service Alert (U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800-227-2600 with ample advance time to allow the utility companies to respond.

Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations.
* END OF SECTION *

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EDGEWATER PARK SOFTBALL AND SOCCER
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1/18/2022
Appendix H to Contract
Technical Requirements
DOCUMENT 01570

TRAFFIC CONTROL

PUBLIC CONVENIENCE AND PEDESTRIAN TRAFFIC CONTROL
Must comply with the traffic regulations requirements as specified in this section. Including but not limited to: Submit a traffic control plan which conforms to the State of California "Manual of Traffic Controls for Construction and Maintenance Work Zones” and the Work Area Traffic Control (WATCH) Handbook.

Include lane closures, detours, and parking prohibitions.

Contractor shall be responsible to provide all traffic control measures necessary to divert sidewalk users safely around work areas. This includes, but is not limited to, placing signage, barricades, cones, temporary walkways, etc.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project. Access for local traffic must be maintained. For work in street areas, at least fifteen calendar days prior to commencing work, the Contractor shall submit his schedule and traffic plan to the Engineer for approval.

WEEKEND USAGE
All significant phases of concrete work must be completed within the same (Monday to Friday) week as they are started. Sections of Sidewalk, curb and gutter, and curb ramps must be completed and ready for use during the weekend. An exception may be the installation of the detectable warning surface mats for curb ramps, which can be installed when the concrete has cured sufficiently to accept the mat in accordance with the manufacturer’s specifications. Provisions for alternative walkway would be required.

LANE CLOSURES AND DETOURS
No more than one-half (½) of the roadway shall be closed to traffic at any time, and traffic in both directions shall be maintained at all times. Open excavations and trenches shall be adequately covered when no work is being performed.

WORKING HOURS - MAJOR STREETS
All work within the right-of-way of freeway ramps and major streets including the adjoining intersections shall be limited to the hours of 9:00AM to 3:00PM. Major streets are listed as follows:

1. Foster City Boulevard 6. Beach Park Boulevard

2. East Hillsdale Boulevard 7. Metro Center Boulevard

3. East Third Avenue 8. Triton Drive

4. Edgewater Boulevard 9. Vintage Park Drive

5. Shell Boulevard 10. Chess Drive

NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction. The date and time of parking restrictions shall be clearly posted on No Parking signs.

JOB CONDITIONS
The following general job conditions apply to the project:

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Appendix H to Contract
Technical Requirements

1. Provide access to all residences whenever possible throughout the duration of the project. Notify property owners 24 hours in advance of work that will interrupt use of driveways or other frontage improvements.

2. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.

3. Street parking may be restricted as necessary to facilitate construction activity. Notify property owners of parking restrictions 48 hours in advance.

4. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate.

TRAFFIC CONTROL DEVICES

1. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Responsibility," of the CalTrans Standard Specifications. Flashers shall be provided on each barricade. (Section 360, California Vehicle Code, defines highway to include streets.)

2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.

GENERAL

1. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.

2. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.

3. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

4. Pedestrian traffic shall be maintained at all times unless otherwise approved by the City. * END OF SECTION *

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Appendix H to Contract
Technical Requirements
SECTION 02 41 00

SITE CLEARING AND DEMOLITION
PART 1 GENERAL

1.01 SUMMARY
A.Furnish all labor, materials, equipment, facilities, transportation, and services to complete all site clearing and demolition work plus all related activities as shown on the Drawings and/or specified herein.

B.Scope of work: The general extent of the site clearing and demolition work is shown on the Drawings and can include, but is not necessarily limited to the following:

1.Demolition, removal, and disposal of existing synthetic turf and SBR Rubber infill.

2.Salvaging, Stockpiling, and Cleaning of existing sand material.

1.02 REFERENCES AND REGULATORY REQUIREMENTS
A.State of California Department of Transportation Standard Specifications, Current Edition

1.03 SUBMITTALS
A.Conform to requirements of Section 01 33 00 Submittals and/or applicable Division One and Division Two specifications, General Conditions, and Special Provisions.

B.Indicate the proposed time line for site clearing and demolition work on the project schedule.

1.04 QUALITY ASSURANCE
A.The Owner shall obtain and pay for all permits required in connection with this work.

B.Fees for the dumping of debris shall be paid for by the Contractor.

1.05 PROJECT CONDITIONS
A.Dust Control:

1.The contractor shall, at all times, prevent the formation of airborne dust on and around the project site with the use of sprinkled water or other means acceptable to the Owner’s representative. Non-compliance with proper dust control measures shall be grounds for issuance of "stop work" orders by the Owner’s representative until such time as satisfactory measures are implemented.

PART 2 PRODUCTS – Not Used

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Appendix H to Contract
Technical Requirements
PART 3 EXECUTION

3.01EXAMINATION
A.Conform to Section 01 45 00 - Quality Control (as applicable).

B.Carefully identify limits of demolition.

C.Mark project areas as directed by the Owner’s representative and as necessary to clearly identify the interface of items to be removed and items to be left in place intact.

3.02PREPARATION
A.Protection:

1.Make provisions and take necessary precautions to protect all existing items not designated for removal. Any existing item or area damaged during construction operations shall be replaced or repaired to an “as-was” or better condition at no additional cost to the project and subject to the acceptance of the Owner’s representative.

2.Erect barriers, fences, guard rails, enclosures, chutes, and shoring as necessary to protect personnel, structures, and utilities remaining intact.

3.Provide warning signs and lighting as necessary for vehicular and personnel protection.

Maintain warning signs during construction as required by applicable safety ordinances and as reasonably prudent.

4.Coordinate arrangements for items to be salvaged and turned over to the Owner.

5.Notify Underground Service Alert (USA), (800) 642-2444, and local utility companies to verify locations of existing utilities a minimum of 48 hours prior to beginning work.

6.Provide tree protection fencing prior to any demolition work if applicable.

B.Traffic Access:

1.Ensure minimum interference with roads, streets, driveways, sidewalk and adjacent facilities.

2.Do not close or obstruct streets, sidewalk, alleys or passageways without acceptance from the Owner’s representative.

3.Provide approved alternate routes around closed or obstructed traffic ways as required by the Owner’s representative.

4.Maintain access to adjacent existing buildings to ensure uninterrupted operations during demolition work.

3.03DEMOLITION
A.General:

1.Refer to drawings for extent of demolition work.

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Appendix H to Contract
Technical Requirements

3.04SALVAGE
A.Demolition:

1.Materials or equipment to be demolished shall become the property of the Contractor except for items specified to be salvaged for the Owner.

B.Replacement:

1.In the event items not scheduled to be demolished are damaged, promptly replace or repair such items to an as-was or better condition per the discretion of the Owner’s representative at no additional cost.

3.05CLEANING
A.Debris and Rubbish:

1.Remove and transport debris and rubbish as it accumulates and dispose in a legal manner via recognized haul routes per Section 01 55 00, in a manner that will prevent spillage on streets or adjacent areas.

2.Remove all tools, equipment and appliances used for demolition from the site upon completion of the work.

3.Clean entire project area, adjacent streets, and pavements to a broom-clean, “stain- free” condition per the discretion of the Owner’s representative.

4.Contractor shall be responsible for street sweeping as needed to remove any debris from the roadway.
*END OF SECTION*

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Technical Requirements
SECTION 32 18 13

SYNTHETIC TURF PLAYING FIELD
PART 1 GENERAL

1.01SCOPE OF WORK
A. It shall be the responsibility of the successful turf contractor to provide all labor, materials, equipment, and tools necessary for the complete installation of a synthetic grass material. The system shall consist of, but not necessarily be limited to, the following:

1.A complete synthetic grass system consisting of 2-inch tall dual fibers (consisting of a slit film and monofilament polyethylene fiber).

2.A resilient infill system, consisting of one of the following: a natural infill system consisting of sand and either BrockFill, Cork, or Amorim 201 (Cork/Olive).

3.Replacement drainage / shock pad panels as called out in this section.

4.A full warranty and maintenance service contract as outlined in the specification section.

B. Related sections can include, but may not be limited to:

1.Section 02 41 00 - Site Clearing & Demolition

1.02JOB CONDITIONS
A. Contractor shall be responsible for reviewing the base and ensuring it conforms to the project requirements prior to placement of the synthetic turf.

B. Playing field subgrade preparation shall be completed and accepted by the Owner Representative prior to commencement of Work under this Section.

1.03REFERENCES
A. ASTM Standard Test Methods:

1.D1335 - Standard Test Method for Tuft Bind of Pile Yarn Floor Coverings

2.D1577 - Standard Test Method for Linear Density of Textile Fiber

3.D2859 - Standard Test Method for Ignition Characteristics of Finished Textile Floor Covering

4.D4491 - Standard Test Methods for Water Permeability of Geotextiles by Permittivity

5.D5034 - Standard Test Method of Breaking Strength and Elongation of Textile Fabrics (Grab Test)

6.D5848 - Standard Test Method for Mass per Unit Area of Pile Yarn Floor Covering

7.F355 - Standard Test Method for Shock-Absorbing Properties of Playing Surfaces.

8.F1015 - Standard Test Method for Relative Abrasiveness of Synthetic Turf Playing Surfaces.

9.F1936 - Standard Test Method for Shock-Absorbing Properties of North American Football Field Playing Systems as Measured in the Field

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Technical Requirements

1.04TURF QUALIFICATIONS
A. The contractor shall be required to submit information from the synthetic turf installer and/or manufacturer as required in Section 01 33 00 that complies with the following:

1.The Turf Company / Contractor and/or the turf manufacturer must be experienced in both the manufacturing and installation of the specified type of synthetic infilled turf system for at least five (5) years and have at least two hundred (200) outdoor installations in California of the specified material of 50,000 sq. ft. or greater. One of these fields must be in play for at least eight years in California and has surpassed manufacturer’s warranty period.

2.For the purpose of meeting these qualifications, the type of infill materials are not determining factors in meeting these installation qualifications.

3.The Turf Company must be an actual manufacturer of synthetic turf, not a reseller. Turf Company must own its manufacturing plant in the U.S. and be able to control its production 100%, including fiber extrusion, coating, lead time and quality control.

4.The foreman installing the synthetic turf must have installed at least twenty (20) fields in the last three (3) years of the specified material.

5.The Turf Company must provide competent workmen, skilled in this specific type of in-filled synthetic grass installation. The designated supervisory personnel on the project must be certified in writing by the turf manufacturer as competent in the installation of this material, including sewing seams and proper installation of the infill mixture. The manufacturer shall have a representative on site to certify the installation and warranty compliance.

6.The Turf Company must have certified crews and may not use outside, independent contractors for the installation.

7.The Turf Company must possess an active California D-12 Synthetic Products license in good standing, and have never had a license revoked.

8.The Turf Company must not have had a Surety or Bonding Company finish work on any contract within the last five (5) years.

9.The Turf Company must not have been disqualified or barred from performing work for any public entity or other contracting entity in the U.S.

10.Turf Company shall have a minimum $30,000,000 bonding capacity.

11.Turf Company must have a professional, full time maintenance service company with a minimum of 50 current maintenance contracts in place in the US.

1.05SUBMITTALS
A. Submit two complete samples, a minimum of 12” x 12” in size, illustrating details of finished product.

In addition, submit two loose samples (one foot squares) of the turf backing and tufted fibers and two sets of one quart samples of the following:

1.Specified Sand Infill

2.Specified non-SBR Infill (BASE BID)
B. Submit manufacturer's installation instructions.

C. The turf manufacturer shall submit a project specific letter on the company letterhead certifying that the products of this section meet or exceed all specified requirements, and state that the installer has complied with the qualifications above and is certified by the manufacturer to install this type of synthetic turf.

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Technical Requirements
D. Submit Drawings for:

1.Seaming Plan

2.Installation details; edge detail, utility box detail, etc.

3.Field Layout and Striping Plan (including field colors), including field line layouts (including colors), etc.

4.The Turf Manufacturer shall submit color samples for approval for all color and/or line work, including final electronic versions of all field markings.

E. Certified copies of independent (third-party) laboratory reports on ASTM tests as follows:

1.Pile Height, Face Width & Total Fabric Weight, ASTM D5848

2.Primary & Secondary Backing Weights, ASTM D5848

3.Tuft Bind, ASTM D1335

4.Grab Tear Strength, ASTM D5034

5.Water Permeability, ASTM D1551

6.Flame Resistance, ASTM F1551

7.Tuft Yarn Tensile Strength and Elongation, ASTM D2256 F. Submit a copy of the 8-year (minimum), prepaid, non-prorated, third-party insured warranty and insurance policy information.

G. Submit a list providing project name, date the field installation was approved, contact names and telephone numbers for each project that meets the experience requirements identified in 1.04-A.1 above.

1.06 WARRANTY
A. The Turf Company shall submit its Manufacturer's Warranty which guarantees the usability and playability of the synthetic turf system for its intended uses for a minimum eight (8) year period commencing with the date of Substantial Completion. The warranty coverage shall not be prorated nor limited to the amount of the usage.

B. The warranty submitted must have the following characteristics:

1.A non-prorated, non-cancellable up-front pre-paid, third-party insured warranty. Warranty shall be covered by a third-party insurance policy, non-cancelable and pre-paid, and is in effect covering this installation, and underwritten by a Best “A” Rated (or better) Insurance Carrier listed in the A.M. Best Key Rating Guide.

2.Insurance carrier must confirm that the policy is in force and premiums prepaid for entire warranty duration in full.

3.The policy must include a minimum annual aggregate of $10,000,000 per year and be based on claims arising from fields installed and completed only during the policy year.

4.The policy must provide full coverage for eight (8) years (minimum) from the date of Notice of Completion.

5.The policy shall cover all costs associated with full field replacement with new equal or better turf material, including labor, materials, and any other costs to repair or replace the field.

6.Owner shall not be responsible for any deductible.

7.Warranty shall have no restrictions on amount of use (provided type of use is per approved warranty language).

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8.Must warrant materials and workmanship, and that the materials installed meet or exceed the product specifications, including general wear and damage caused from UV degradation.

9.Must have a provision to either make a cash refund or repair or replace such portions of the installed materials that are no longer serviceable to maintain a serviceable and playable surface.

10.Must be a warranty from a single source covering workmanship and all self- manufactured or procured materials.

11.Guarantee the availability of replacement material for the synthetic turf system installed for the full warranty period.

12.Turf must maintain an ASTM F355 G-Max of less than 130 (due to the inclusion of a drainage / shock pad) for the life of the warranty.

1.07MAINTENANCE SERVICE CONTRACT REQUIREMENTS
A. Turf Company shall provide two maintenance service visits per year of the 8 year minimum warranty (for a total of 16 visits). Each maintenance service visit shall include the following:

1.One (1) SMG Sportchamp (or equivalent) grooming session including:
(a)A general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface. (b)A deep groom, sweep and rejuvenation to de-compact infill and in an effort to maintain appropriate G-Max levels.
(c)The above two steps are intended to clean the infill from deleterious matter contaminating the infill material. All accumulated debris and contaminating material shall be off-hauled and disposed of in a legal manner by the Turf Company.

2.Overall analysis and inspection of the field and its applicable systems, including fiber wear analysis, ultraviolet degradation, infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays).

3.As part of item #2 above, Turf Company shall address deficiencies identified, including adding of specified infill material to bring field to specified levels and minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed for issues found relating to the synthetic surface.

4.Turf Company shall be responsible for the testing of the G-max levels of the installed synthetic turf at the completion of years one, two, four, six, and three months prior to the completion of year eight. If any of these tests do not fall within the G-max range as specified in this specification section, the Manufacturer will be required to modify the field composition to the sole satisfaction of the Owner so that it falls within the target G-max range. All costs associated with such work shall be borne solely by the Manufacturer and/or installer. Any failed test shall be retested to verify that the field meets the specifications. All testing shall be paid by the Manufacturer and/or installer. All testing shall be completed by an independent testing laboratory accredited for such tests, and shall be pre- approved by the Owner. All testing and analysis of findings shall be completed by qualified persons utilizing the required techniques outlined in the ASTM F355 test standard.

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Appendix H to Contract
Technical Requirements
PART 2 MATERIALS

2.01INFILL SYNTHETIC TURF
A.The synthetic turf system shall meet the following minimum testing requirements and parameters. The City and its design professional shall be the final authority if any submitted product meets these product requirements, and it is the Contractor and Turf Company’s sole responsibility to show and prove that the proposed turf product meets the following product requirements:

Standard Property Specification
N/A Pile Yard type UV-Resistant Polyethylene
N/A Yarn Structure Dual Fiber (Ridged Monofilament
and Fibrillated Slit-Film)
ASTM D1577 Fiber Denier min.14,000 (mono) / 5,000
(slit)
ASTM D3218 Tape Thickness (in microns) > 225 (mono) / > 100 (slit) ASTM D2256 Yarn Breaking Strength min. 20 lbs
ASTM D5823 Pile Height 2.0”
ASTM D5793 Stitch Gauge 3/8” – ¾”
ASTM D5848 Pile Weight min. 38 oz/square yard
ASTM D5848 Total Backing Weight min. 21 oz/square yard
ASTM D5848 Total Weight (without infill) min. 59 oz/square yard ASTM D1335 Tuft Bind (Without Infill) min. 9 lbs ASTM
D5034 Grab Tear (Width) min. 200 lbs/force ASTM
D5034 Grab Tear (Length) min. 200 lbs/force ASTM
D4491 Carpet Permeability >40 inches/hour ASTM
F355A Impact Attenuation (Gmax) <160
Infill Material Depth 1.25 inches (min.)
Note: All pitcher runways and batters boxes in the baseball / softball field shall be high pile weight (minimum 60 ounce/SY) product (and shall have a low pile PE thatch zone), and shall be constructed of an industry standard velcro system. In addition, Turf Company shall provide a total of four (4) batter’s box replacement panels, and six (6) pitcher’s runway replacement panels, as part of the project turnover / project closeout.

B.All bidders must meet all of the qualifications, product specifications and warranty requirements. The turf product shall be one of the following (provided they meet the specification requirements) or approved equal:

1.AstroTurf Rhino Blend. Contact is Dominic Berarducci, Ph: 559-612-9065.

2.FieldTurf Vertex Prime. Contact is Andrew Rowley, Ph: 707-586-2066.

3.Shaw Legion 2.0. Contact is Matt Cohen, Ph: 916-216-9883.

C.The turf product shall consist of two fibers, a monofilament fiber and a slit-film fiber. All fibers shall be low friction, UV stabilized fibers (in accordance with established product standards as identified by the Synthetic Turf Council), and shall be specifically designed to virtually eliminate abrasion.

D.The fiber tufts shall be fanned or unfolded prior to installation, rolling or spiraling is not acceptable.

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Technical Requirements
E.The carpet’s primary backing shall be a double-layered polypropylene fabric treated with UV inhibitors. The secondary backing shall consist of an application of heat-activated urethane to permanently lock the fiber tufts in place.

F.The carpet shall be delivered in 15-foot wide rolls. The perimeter white and yellow lines can be tufted into the individual sideline rolls. The rolls shall be of sufficient length to extend from sideline to sideline. Head seams, between the sidelines, will not be acceptable.

G.All field of play lines shall be inlaid or tufted as noted on the drawings.

H.Thread for sewing seams of turf shall be as recommended by the Synthetic Turf Manufacturer.

I.Glue for inlaying lines and markings shall be as recommended by the synthetic turf manufacturer. Seams between turf panels must be sewn. Inlaid markings may not be installed by means of cutting through the fabric and adhering the colored turf to a separate reinforcing tape or cloth. Rather, inlaid markings (that cannot be tufted into the fabric), shall be installed by means of shearing out the existing fiber and laying in a new piece of colored fabric into a bed of suitable “hot melt” adhesive placed directly on the original turf backing material. Systems that cut through the turf fabric for inlaid lines are not acceptable due to the fact that such a procedure shall weaken the structural integrity of the turf fabric backing.

J.Sand shall be rounded silica sand and dust free. Coarse jagged sand will not be accepted.

Sand shall consist of 65-80% of the total infill material as defined by weight. The sand shall have the following gradation:

Sieves (US Mesh Size) % Retained
16 0
25 10-30
30 30-50
35 15-35
40 5-15
50 <5
70 <1
K.Non-SBR topping infill in addition to sand shall be one of the following:

1.Amorim Organic 201. Contact is Bill Famigleietti, Ph: 262-960-241

2.BrockFill. Contact is David Brown, Ph: 530-575-8976.

3.PureFill (Cork) – FieldTurf infill. Andrew Rowley, Ph: 707-586-2066. Alternative cork sources are available.

Infill shall consist of a resilient layered granular system, comprising selected and graded sand and specified non-SBR. Infill materials must be comprised of virgin materials that do not require a specific moisture content or irrigation to be applied to the infill material.

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Technical Requirements
The Turf Company is responsible for determining the final actual quantities required to achieve the uniform infill depth of not less than 1.25-inches depth in total uniform thickness. Turf infill levels shall not vary more than 0.1-inches at any point within the field, and infill shall be at least 4.5 lbs sand and min 1.0 lb non- SBR topping infill per square foot.

2.02MANUFACTURED DRAINAGE / SHOCK PAD MATERIAL (for REPLACEMENT STOCK AS

NEEDED)
A.Shall be Brock Gen1 PowerBase (PB2000b3). Contact is Dave Brown, Northern Calif. Brock Sales Manager, phone no. (530) 575-8976. Contractor is recommended to procure 6,400 s.f. for replacement panels.

2.03HEAVY METALS AND MATERIAL CONTENT
A. The Turf Company will conduct and submit product analysis with the project proposal.

Analysis will be presented in the form of current, certified laboratory results using specified standards and processes. Turf Company shall also fill in attached Tables C & D with applicable lab results. For threshold limits, reference Tables A & B below.

Analytical Methodologies: Representative samples of the turf fibers, turf backing, and infill material shall be analyzed for total metals content and semi-volatile organic compounds (SVOCs), as well as select analyses for leachable metals concentrations.

1.Total Metals Analysis: All samples (fibers, infill, backing) shall be analyzed for the California Assessment Manual 17/Title 26 list of metals (CAM 17 metals). The submitted samples shall be prepared by the laboratory for analysis of total recoverable metals by USEPA method 3050B. The samples shall then be analyzed for total metals concentrations by USEPA method 6010B/7400.

2.Leachable Metals Analysis: Infill samples only shall be analyzed for leachability of selected metals using the California Waste Extraction Test (WET). All samples shall be analyzed by the WET for lead, zinc, and total chromium. For other constituents, if the detected concentrations from the total metals analysis above are greater than or equal to ten times the Soluble Threshold Limit Concentration (STLC) value, as shown on attached Table A in Specification Section 02450, the WET shall be conducted for those individual metals as well.

3.Analysis for SVOCs: All samples (fibers, infill, backing.) shall be analyzed for the SW- 846 list of SVOCs. The submitted samples shall be prepared by the laboratory for analysis by USEPA method 3540 or 3550. The samples shall then be analyzed for SVOC concentrations by USEPA method 8270B or 8270C. Results shall at a minimum include data for aniline (CAS #62-53-3), phenol (108-95-2) and benzothiazole (95-16- 9). Concentrations of SVOCs are to be provided for reference purposes only and are not being evaluated against any particular criteria.

Evaluation Criteria: The detected concentrations of lead, chromium, and zinc in the samples of the turf infill material shall not exceed the threshold values listed in Tables A & B, outlined below for total metals and leachable metals analyses. In no case, shall the total metal concentration of any metal equal or exceed the TTLC values. In addition, concentrations of metals detected in any leachate tests shall not exceed the STLC value (for threshold values, see California Code of Regulations, Title 22, Chapter 11, Article 3.

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Technical Requirements
TABLE A. Maximum levels of metals permitted for synthetic turf products – recycled styrene butadiene rubber (SBR) infill materials
Metal Total metals analysis (mg/kg) Leachable metals
analysis (ug/L)
Chromium 750 i 50
Lead 50 2.5
Zinc 23,000 ii 250,000 iii
i.No total chromium value promulgated in ESLs; chromium III value indicated instead. ii.California Human Health Screening Levels (CHHSLs) for soil for residential land use. iii.Selected soluble threshold limit concentration (STLC).

TABLE C (to be completed by Turf Company)
Metal Total metals analysis
(mg/kg)
Leachable metals analysis
(ug/L)
Chromium
Lead
Zinc
TABLE B. Maximum levels of total metals permitted for synthetic turf products – fibers, underlayment, and backing
Metal Total metals analysis (mg/kg)
Chromium 25
Lead 50
TABLE D (to be completed by Turf Company)
Metal Total metals analysis
(mg/kg)
Chromium
Lead

2.04BROMINATED FLAME RETARDANTS
A.The Turf Company shall provide verification that brominated flame retardants have not been intentionally added in the manufacture of the turf fiber, backing, underlayment or infill materials.

Verification can take the form of a signed letter from the manufacturer, or appropriate laboratory analyses of the product proving that levels of elemental bromine are lower than 1% by weight.

PART 3 EXECUTION

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Technical Requirements

3.01TURF FIELD BASE PREPARATION AND ADJUSTMENTS
A.Contractor shall ensure that the existing perimeter field subdrain trenches beneath the existing drainage / shock pad product are free draining (minimum 50 inches per hour as tested by an acceptable hydraulic ASTM infiltration / permeability test).

B.Contractor is to fine grade and provide planarity of the existing rock base. Contractor is to exercise extreme care not to contaminate the existing subdrain trench drain rock trenches. Intent is just to smooth out any identified inconsistencies in the grade due to operations related to the removal of the old synthetic turf and prior to the re-installation of the drainage /shock pad and turf products. Once fine graded, the rock base shall be checked by the Contractor (under the observation of the Owner representative) by use of a string line method. A mason’s line held taught between two workmen separated by a distance of approximately 100-125 feet, shall be placed directly on the finished surface, parallel to the direction of greatest slope. A third workman shall check for separations between the mason’s line and the finished surface of the crushed rock. Areas of separation shall be outlined with marking paint and the depth of separation indicated. Entire finished surface shall be “walked” with mason’s line in increments of approximately 3-6 feet. No deviation over the string line greater than ½” will be allowed, or 1/8” deviation over a ten foot long straightedge.

C.Once the planarity of the permeable rock base has been reviewed and accepted by the Owner, the Contractor shall re-install the drainage / shock pad product in strict compliance with the manufacturer installation instructions. Contractor to exercise extreme care in order to avoid disturbing the field rock base. Any new panels that are needed to replace compromised or damaged panels or pieces of the drainage / shock pad are to be provided at the Contractor’s sole expense.

D.Contractor to take measures to ensure that the pad product is not exposed to the outdoor elements longer than the manufacturer’s recommendations. Any product that exceeds this time duration shall be removed from the project site immediately and not used on the project.

E.All sections of the pad material shall be interlocked and/or connected to adjacent pieces of the pad material in strict conformance with the manufacturer’s written recommendations.

3.02INSTALLING THE SYNTHETIC TURF
A.The installation shall be performed in full compliance with the reviewed and accepted product submittal.

B.Only trained technicians, skilled in the installation of athletic caliber synthetic turf systems working under the direct supervision of the approved installer/manufacturer supervisors, shall undertake any cutting, sewing, gluing, shearing, topdressing or brushing operations.

C.The turf contractor shall strictly adhere to the installation procedures outlined in this section. Any variance from these requirements must be submitted to and accepted in writing, by the manufacturer’s onsite representative, and submitted to the Owner, verifying that the changes do not, in any way, affect the warranty.

D.The Turf Company’s installation foreman shall inspect and accept the field’s base, including the permeable crushed rock and drain / shock pad installation. Turf Company

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Technical Requirements
shall provide documentation to that effect, prior to the installation of the synthetic grass system.

The surface shall be clean as installation commences and shall be maintained in that condition throughout the process.

E.The carpet rolls are to be installed directly over the existing (and replacement panels) shock pad material. No equipment with loads greater than 35 pounds per square inch (35 psi) shall be allowed on the field. As required, Contractor is responsible for altering operations in order to adhere to this requirement. Contractor and synthetic turf installer shall strictly adhere to the written instructions provided by the shock pad manufacturer for installing turf on top of their product. Contractor shall always make sure that those vehicles that go on top of the shock pad are equipped with pneumatic (air-filled) tires, preferably turf tires. These tires are designed to spread loads and minimize damage to surface. Foam Filled or solid tires as well as tires with aggressive lug patterns should not be used on the Brock base, without synthetic turf installed. If possible, use of an A-frame for unrolling of the synthetic turf is strongly recommended.

F.Any cutouts in the synthetic turf shall be per plans. Coordinate all cutouts in turf with Owner’s Representative before cutting turf for utility boxes or other structures.

G.The carpet rolls are to be installed directly over the properly prepared base. Extreme care should be taken to avoid disturbing the base, both in regard to compaction and planarity. It is suggested that a 2 - 5-ton static roller is on site and available to repair and properly compact any disturbed areas of the prepared base.

H.The full width rolls shall be laid out across the width of the field. Utilizing standard state of the art sewing or gluing procedures, each roll shall be attached as noted below to the next. When all of the rolls of the playing surface have been installed, the sideline areas shall be installed at right angles to the playing field turf.

I.The synthetic turf field shall utilize sewn seams. Minimum gluing will only be permitted to repair problem areas, corner completions, and to cut in any inlaid lines as required by the specifications.

Seams between turf panels must be sewn. Inlaid markings may not be installed by means of cutting through the fabric and adhering the colored turf to a separate reinforcing tape or cloth. Rather, inlaid markings (that cannot be tufted into the fabric), shall be installed by means of shearing out the existing green fiber and laying in a new piece of colored fabric into a bed of suitable “hot melt” adhesive placed directly on the original turf backing material. Systems that cut through the turf fabric for inlaid lines are not acceptable due to the fact that such a procedure shall weaken the structural integrity of the turf fabric backing. All seams shall be sewn using double bagger stitches and polyester thread or adhered using seaming tape and high grade adhesive (per the manufacturer’s standard procedures). Seams shall be flat, tight, and permanent with no separation or fraying.

J.Contractor to install industrial strength industry-specific velcro systems for the high face- weight insert panels at the baseball and softball high wear areas as called out in item 2.01. These systems shall be durable and stable enough to not move under foot traffic, but be able to be pulled apart and have the bottom receiving Velcro connection remain intact and in place, so that one of the replacement turf panels can replace the worn turf panel.

K.Connections of the existing perimeter synthetic turf edges shall be completed by one of the following two methods:
a.For existing perimeter concrete edges (with recessed edge), use the manufacturer-approved adhesive.

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Technical Requirements
b.For existing header boards, use industrial staples (min. depth embedment is one inch (1”) at maximum 4 inch (4”) on center staple spacing.

L.The new infill materials shall be applied in thin lifts. The turf shall be brushed as the mixture is applied.

The infill material shall be installed to a depth as specified in this section. The mix shall be uniform and even in thickness to assure proper playing characteristics.

M.The infill materials shall be installed to fill the voids between the fibers and allow the fibers to remain vertical and non-directional. The infill shall be not less than 1.25 inch depth and be placed so that there is not more than a ¾” void to the top of the fibers.

N.At near Substantial Completion of the synthetic turf field, the turf contractor shall test for shock absorbency. The turf contractor and/or manufacturer shall pay for an independent testing laboratory accredited for such tests (who shall be pre-approved by the Owner). All testing and analysis of findings shall be completed by qualified persons utilizing correct techniques. The laboratory shall provide the necessary testing data to the Owner that verifies the finished field meets or exceeds the required shock attenuation. The G-max range shall not exceed 130 for the life of the warranty, as determined by the ASTM F355A and F1936 test procedures. Any test results that do not meet the requirements of this specification or if any one test value is greater than ten percent (10%) greater in variance as specified in 3.03-B, then the Contractor’s field installer shall address the failed test area, be required to retest the entire field as stated above, and conform to these requirements prior to the issuance of the Certificate of Substantial Completion.

3.03MAINTENANCE & WARRANTY
A.The turf installer and/or the turf manufacturer must provide the following prior to Final Acceptance and the Owner filing the Project Notice of Completion:

1.The turf manufacturer shall provide the written warranty for the project per the minimum requirements identified in this specification section. Submit Manufacturer Warranty and ensure that forms have been completed in Owner's name and registered with Manufacturer and Insurance Carrier. Submit information confirming that the third-party insurance policy, non-cancelable and pre-paid, is in effect covering this installation, and underwritten by a Best “A” Rated Insurance Carrier. Insurance carrier must confirm that the policy is in force and premiums paid.

2.The date of all warranties commence on the date the Owner’s governing body has formally accepted the project.

3.Three (3) copies of Maintenance Manuals, which will include all necessary instructions for the proper care and preventive maintenance of the turf system, including painting and markings.

4.Project Record Documents: Record actual locations of seams and other pertinent information.

5.Upon completion of the field installation, the turf installation contractor shall have some supervisory personnel provide a minimum three (3) hour field training seminar with the Owner on how to care for the field. At a minimum, seminar shall include a demonstration of how to care for the field, review the entire provided maintenance manual (including the proper procedure for removal of gum and other debris) and answer any questions.

6.Turf Company shall provide all high face weight velcro’d replacement panels as called out in item 2.01,

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Appendix H to Contract
Technical Requirements
B.Turf Manufacturer shall be responsible for the testing of the G-max levels of the installed synthetic turf at the completion of years two, four, six, and three months prior to the completion of year eight.

1.If any of these tests do not fall within the G-max range as specified in this specification section, the Manufacturer will be required to modify the field composition to the sole satisfaction of the Owner so that it falls within the target G- max range.

2.All costs associated with such work shall be borne solely by the Manufacturer and/or installer.

3.Any failed test shall be retested to verify that the field meets the specifications.

4.All testing shall be paid by the Manufacturer and/or installer.

5.All testing shall be completed by an independent testing laboratory accredited for such tests, and shall be pre-approved by the Owner.

6.All testing and analysis of findings shall be completed by qualified persons utilizing the required techniques outlined in the ASTM F355 test standard.

C.Included in its bid, the Turf Company shall provide a comprehensive maintenance service contract for the duration of the manufacturer’s warranty, but not less than 8-years. The Turf company shall provide two maintenance visits per year for the entirety of the 8 year warranty as part of this proposal (for an entirely of 16 visits). Each maintenance service visit shall be scheduled at least 30 days in advance at the City’s request to allow for City program coordination and shall include the following:

5.One (1) SMG Sportchamp grooming session including:
(a)A general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface. (b)A deep groom, sweep and rejuvenation to de-compact infill and in an effort to maintain appropriate G-Max levels, as well as clean the infill from deleterious matter contaminating the infill material. All accumulated debris and contaminating material shall be off-hauled and disposed of in a legal manner by the Turf Company.
(c)Minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed shall be completed by the Turf Company for items found relating to the synthetic surface.

6.Overall analysis and inspection of the field and its applicable systems, including fiber wear analysis, ultraviolet degradation, infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays).

7.Minor repairs (sewing/adhesive failures, inlay separation, and general workmanship) as needed, of items found relating to the synthetic surface. *END OF SECTION*
(End of Appendix H)

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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Note: Shaw's bid schedule contains rounding errors.

The corrected numbers are shown in red.
$47,472
$51,701
$551, 212.20
$698,937.20

6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6.6 Attachment 3 - Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf Bid Submittal

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6 4
3 DATE: May 20, 2024

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

FROM: Andrew Brozyna, Public Works Director
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: APPROVE THE REISSUANCE OF PLANS AND

SPECIFICATIONS AND AUTHORIZE THE CALL FOR BIDS FOR
CIP 301-716 STREET REHABILITATION AND PARK PATHWAY
RESTORATION PROJECT (2023-2024)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the reissuance of the plans and specifications and authorizing the call for bids for CIP 301- 716 Street Rehabilitation and Park Pathway Restoration Project (2023-2024).

EXECUTIVE SUMMARY
Zero (0) bids for the construction of CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023-2024) were received at the bid opening on May 9, 2024 at 2:00 PM. Staff recommends modifying the scope of work for CIP 301-716 to remove the asphalt work in the park based on contractor feedback and to remove the work adjacent to Beach Park Elementary School in recognition of the delay to the project schedule, and then reissuing the plans and specifications and rebidding the project.

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6 4
3 The revised scope of work for CIP 301-716 consists of Street Rehabilitation & Pavement Maintenance
•Edgewater Boulevard, south of Beach Park Boulevard to Baffin Street •Bid Alternate 1: East Third Avenue, east of Foster City Boulevard to Bayside Towers •Bid Alternate 2: East Third Avenue, west of Foster City Boulevard to City limit Additional Roadway Improvements
•Rehabilitation of the pavers and bituminous layer at E. Hillsdale Boulevard and Center Park Lane intersection.
•Yield sign installation at Rectangular Rapid Flashing Beacon (RRFB) crosswalks on Beach Park Blvd, along the levee.

Approximately $2,033,379 is available for construction and inspection services for the proposed scope. Construction is anticipated to take approximately four (4) months with an anticipated start in August.

BACKGROUND
At the April 15, 2024, meeting, the City Council adopted Resolution No. 2024-26 approving the plans and specifications for CIP 301-716 and authorized the call for bids.

On May 9, 2024, the bid opening was held and zero (0) bids were received.

The scope of work originally bid as part of CIP 301-716 consisted of the following:

Street Rehabilitation & Pavement Maintenance
•Edgewater Boulevard, south of Beach Park Boulevard to Baffin Street (digouts, grind and overlays, and slurry seal).
•Bid Alternate 1: East Third Avenue, east of Foster City Boulevard to Bayside Towers (grind and overlays and slurry seal).
•Bid Alternate 2: East Third Avenue, west of Foster City Boulevard to City limit.

All locations identified above included striping and signage improvements, utility adjustments if necessary, and retrofitting of existing non-compliant curb ramps in conformance with the Americans with Disabilities Act (ADA). Work included in Bid Alternates 1 and 2 would have been included if the bid results were favorable and within budget.

Additional Roadway Improvements
•Rehabilitation of the pavers and bituminous layer at E. Hillsdale Boulevard and Center Park Lane intersection.
•Grading adjustments along Shell Boulevard at the northern driveway to Beach Park Elementary School.
•Yield sign installation at Rectangular Rapid Flashing Beacon (RRFB) crosswalks on Beach Park Blvd, along the levee.

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6 4
3 Park Pathway Restorations (Asphalt replacement and base repair) •Sea Cloud Park – northern and central pathway
•Boothbay Park – west-side pathway
•Gull Park – Widgeon St. entry pathway
Park Entrance Restoration (Asphalt replacement of concrete entrances) •Sunfish Park – Sea Horse Court entrance
•Turnstone Park – Loon Court entrance
•Marlin Park – Flying Fish Street entrance

ANALYSIS
Staff contacted several slurry and paving contractors to obtain input on the lack of bids for the project. The two main reasons provided for the lack of bids were that competing projects from other cities had higher profit margins and that the scope of work for the project was too broad – encompassing too many disciplines and locations. With that knowledge, staff has modified the plans to make the project more competitive in the market. The major changes include:
•Remove the Park Pathway Restoration and Park Entrance Restoration from the scope since different contractors specialize in this type of work. Staff will consider bidding park pathway improvements separately in 2024-2025. •Remove the driveway grading adjustments in front of Beach Park Elementary school since the project timeline can no longer accommodate the School District’s summer break timeline (June 12 - August 13). Staff will reschedule this work to the 2024-2025 Street Rehabilitation and Park Pathway Restoration Project.

Revised plans and specifications for CIP 301-716 are ready for bid. A hard copy of the plans and specifications is available for view in City Hall.

The updated scope for CIP 301-716 retains the street rehabilitation and pavement maintenance work at Edgewater Boulevard, paver and bituminous layer repair at the E.

Hillsdale Boulevard and Center Park Lane intersection, and yield sign installation at RRFB crosswalks on Beach Park Boulevard. Street rehabilitation for E. Third Avenue remains as Bid Alternates 1 & 2 and will be completed if bids are favorable and within budget. Striping and signage improvements, utility, and the retrofitting of existing non- compliant curb ramps in conformance with ADA will still be included with the street rehabilitation work. Once awarded, construction will take approximately four (4) months to complete.

Staff recommends the City Council approve the revised project plans and specifications with the modified scope and authorize staff to readvertise the project for new bids. If the recommendations are approved, the anticipated project schedule is as follows:

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6 4
3 Approval of Revised Plans and
Specifications & Authorization to Re-Bid
May 20, 2024
Bid Opening June 13, 2024
Award of Contract July 01, 2024
Contract Execution and Construction July 2024 – November 2024

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

FISCAL IMPACT
Funding for CIP 301-716 is available in the Capital Improvement Fund, utilizing Measure A ($1,500,000), City CIP ($300,000), and Transportation Impact Fees ($678,247.48) for a total project budget of $2,478,247.48. $144,868 has been encumbered for design of the project and $300,000 will be reserved for the park pathway and entrance restoration, to be bid and completed with the park pathway restoration project (2024-2025).

Approximately $2,033,379 is available for construction and inspection services for the proposed scope. Based on the Engineer’s Estimate, adequate funding is available for construction of the project, inclusive of bid alternates 1 and 2.

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

Attachment 1 – Resolution

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2 1
4 3
RESOLUTION NO. ___________

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

APPROVING THE REISSUANCE OF PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR CIP 301-716 STREET REHABILITATION AND PARK PATHWAY RESTORATION PROJECT (2023-2024) AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(B)(3) AND 15301(C) –

EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, at the meeting on April 15, 2024, the City Council adopted Resolution No. 2024-26 approving the plans and specifications, and authorizing the Call for Bids for CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023- 2024); and
WHEREAS, zero (0) bids were received and opened on May 9, 2024; and WHEREAS, the plans and specifications have been modified based on industry input and schedule constraints to create a more competitive market for the project; and WHEREAS, portions of the scope that were removed are anticipated to be completed in 2024-2025; and
WHEREAS, the revised CIP 301-716 consists of street rehabilitation, pavement maintenance, and paver and bituminous layer repair at various locations identified by City staff; and
WHEREAS, approximately $2,033,379 is available for construction and inspection services for the revised proposed scope; and

WHEREAS, based on the Engineer’s Estimate, adequate funding is available for construction of the project, inclusive of bid alternates 1 and 2; and WHEREAS, construction is anticipated to begin in August 2024; and WHEREAS, the project is categorically exempt under CEQA Sections 15301(c) – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does approve the reissuance of plans and specification and authorize the call for bids for CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023-2024).

6.7 Attachment 1 - Resolution

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2 1
4 3
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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6 3
9 DATE:May 20, 2024
TO: Mayor and Members of the City Council
VIA:Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Estelle Gobrera, Management Analyst
DEPARTMENT: Parks and Recreation
SUBJECT: AGREEMENT WITH PENINSULA CLEAN ENERGY (PCE) FOR

MEMBER AGENCY ENERGY GRANT TOWARDS THE

PHOTOVOLTAIC SYSTEM FOR THE RECREATION CENTER
REBUILD PROJECT (CIP 301-678)

RECOMMENDATION
It is recommended that the City Council approve a resolution authorizing the City Manager to apply for, submit the application package, and enter into an agreement with Peninsula Clean Energy (PCE) for a Member Agency Energy Grant towards the photovoltaic system for the Recreation Center Rebuild Project (CIP 301-678) (Project), and accept grant funds if application is approved.

EXECUTIVE SUMMARY
The Foster City Recreation Center is nearly 50 years old and requires reconstruction to address structural, seismic, City’s resiliency goals, and community programmatic needs, as well as enhance emergency response readiness. To address these needs, the Recreation Center Rebuild Capital Improvement Project (CIP 301-678) aims to replace the existing Recreation Center with a new facility at the current site with the goal of implementing sustainable design strategies.

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6 3
9 In November 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. (Group 4). Subsequently, in March 2023, the City Council awarded the construction management and support services to Griffin Structures. Construction is scheduled to begin in September 2024. The Project offers a unique opportunity to advance the City Council’s Innovation and Sustainability and Climate Action Plan goals. In alignment with the City’s Climate Action Plan, the project is on track to minimally achieve LEED Silver certification for the new all-electric Recreation Center building but ultimately is positioned to achieve LEED Platinum and/or meet net-zero carbon performance standards, which grant funds would help achieve.

With the goal of ultimately reaching zero net carbon performance standards, the Project has been designed to be photovoltaic ready and to have the potential to expand electric vehicle charging beyond those installed per building code requirements. The addition of a photovoltaic system, which is currently a bid alternate on the construction bid documents, would allow the project to meet requirements for LEED Gold, potentially Platinum and meet net-zero carbon performance. This goal will be accomplished with the support of the requested grant funding from PCE. The architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million.

Staff recommends that Council authorize the City Manager to apply for and submit the grant application package to PCE Member Agency Energy Grant to offset a portion of the costs of the photovoltaic array if the City Council elects to award the bid alternate as part of the construction contract for the Project.

BACKGROUND/ANALYSIS
In December 2023, the PCE Board of Directors authorized a one-time allocation of $11.5 million in surplus funds for its member agencies to implement local energy projects. Each agency has been allocated a specific funding level for its use in a manner consistent with PCE’s mission. Foster City’s allocated amount is $551,232.

The allocations are one-time grants, and no repayment is required, however, member agencies will be required to adhere to a spending verification process as determined by PCE. An executed contract will be required. Funds will be made available 50% up front and 50% on the successful completion of the project. Annual and post expenditure completion reports will be required to be submitted to PCE.

The City Council has approved funding in the amount of $55,374,250 to the Project (CIP 301-678). The remainder of the funding needed for the current Project budget estimate of $64,958,000 is planned to be appropriated in the FY 2024-2025 budget to be adopted by the City Council on June 17, 2024. The final Project budget will be determined by the bidding and the award of a construction contract.

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6 3
9 Energy Grant funding from PCE will be used to offset the cost for the photovoltaic system bid alternate if the City Council elects to include in the Project scope during the construction bid process. The photovoltaic system will provide alternative energy for the building and help the City lead by example to achieve its sustainability goals with a higher LEED certification and potential for a Net Zero Carbon building.

Staff recommends that the City Council authorizes the City Manager to apply for and submit the application package to PCE for a Member Agency Energy Grant to offset the cost of the Recreation Center photovoltaic system.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action to authorize the application package to be submitted to PCE is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section under the “common sense” exception pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this action may be a significant effect on the environment. Additionally, on November 16, 2023, the Planning Commission of City of Foster City adopted two resolutions (Resolution Nos. P-19-23 AND P-20-23) to approve Initial Study and Mitigated Negative Declaration (IS/MND) for the Recreation Center Rebuild project and issued the Use Permit for the proposed demolition and rebuild of the project itself.

FISCAL IMPACT
The architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million. PCE has allocated $551,232 of local energy grant funds for City of Foster City. Estimated remaining funding needed from $948,768 - $1,148,768. On December 12, 2022 staff was notified by Gilead Sciences Foundation, Inc. that the City was awarded grant funding in the amount of $500,000 specifically related to energy efficiency and other green building measures in order to achieve LEED Silver certification. City Council approved execution of the grant agreement with Gilead Sciences Foundation, Inc. per Resolution No. 2022-143. These funds can be used to offset some of the costs.

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

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 – Peninsula Clean Energy Member Agency Energy Grant Agreement Attachment 3 – Grant Application

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2 1
4 0
RESOLUTION NO.

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR, SUBMIT THE APPLICATION

PACKAGE AND ENTER INTO AN AGREEMENT WITH PENINSULA CLEAN ENERGY

FOR MEMBER AGENCY ENERGY GRANT TOWARDS THE PHOTOVOLTAIC SYSTEM FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678),

ACCEPT GRANT FUNDS IF APPLICATION IS APPROVED AND FIND THE REQUEST

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

CITY OF FOSTER CITY
WHEREAS, the City is on track to minimally achieve LEED Silver certification for the new all-electric Recreation Center building, offering a unique opportunity to advance the City Council’s Innovation and Sustainability and Climate Action Plan goals; and WHEREAS, the addition of a photovoltaic system would allow the project to meet requirements for LEED Gold, potentially Platinum and meet net-zero carbon performance; and
WHEREAS, the architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million; and
WHEREAS, the Peninsula Clean Energy (PCE) Board authorized one-time allocation in surplus funds for member agencies to implement local energy projects of which $551,232 is allocated to Foster City, for which the photovoltaic system for the Recreation Center Rebuild Project is eligible; and
WHEREAS, the proposed action would provide alternative energy for the building and help the City lead by example to achieve its sustainability goals with a higher LEED certification and potential for a LEED Zero Carbon building.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to apply for, submit the application package and enter into an Agreement with PCE for a Member Agency Energy Grant to receive $551,232 in funding to offset the cost of the photovoltaic system for the Recreation Center Rebuild Project in either Fiscal Year 2024-2025 or 2025-2026, depending on when the grant funds are issued following project completion.

BE IT FURTHER RESOLVED that the funds received from the grant will be recorded in the photovoltaic system for the Recreation Center Rebuild Project (CIP 301- 678).

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241

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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242

AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND CITY OF FOSTER CITY for MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this _________ day of _____, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and [City of Foster City], hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final payment if PCEA determines that the quantity or quality of the work performed is unacceptable. In no event shall PCEA’s total fiscal obligation under this Agreement exceed five hundred fifty-one thousand two hundred thirty two dollars ($551,232). In the event that a project does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from [date], through [date].

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5. Relationship of Parties
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

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8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.

The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State,

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and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]

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In the case of Grantee, to:

Name/Title: Stefan Chatwin, City Manager
Address: 610 Foster City Blvd.

Telephone: 650-286-3388
Email: [email protected]

14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. No Recourse Against PCEA’s Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA’s member agencies.
* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Executive Officer, Peninsula Clean
Energy Authority
Date:__________________________

CITY OF FOSTER CITY
__________________________________
Title: ______________________________
Date: ________________________

6.8 Attachment 2 - Peninsula Clean Energy Member Agency Grant Agreement

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Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:
[Complete]

6.8 Attachment 2 - Peninsula Clean Energy Member Agency Grant Agreement

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Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:
[Complete. Payment described in two tranches, first up-front, second post completion with a description of the milestone to be met.]

6.8 Attachment 2 - Peninsula Clean Energy Member Agency Grant Agreement

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City of Foster City Recreation Center Rebuild Project (CIP 301-678) Member Agency Energy Grant Program Application

1. Overview and Description
The Foster City Recreation Center is nearly 50 years old and requires reconstruction to address structural, seismic, City’s resiliency goals, and community programmatic needs, as well as enhance emergency response readiness. To address these needs, the Foster City Capital Improvement Project (CIP 301-678) aims to replace the existing Recreation Center. The project will use a build to-budget approach, intending to construct the new facility on the site of the current building.

In November 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. (Group 4). Subsequently, in March 2023, the City Council awarded the construction management and support services to Griffin Structures. Construction is scheduled to begin in September 2024. In alignment with the City’s Climate Action Plan, the project is on track to minimally achieve LEED Silver certification but ultimately is positioned to achieve LEED Platinum and/ meet net-zero Carbon standards, which grant funds would help achieve.

The project team’s disciplined approach to sustainable design has the building designed to achieve a LEED Silver certification with the possibility of achieving LEED Gold of Platinum with the addition of photovoltaics. The following list summarizes strategies for each of the LEED categories.

Schematic Design LEED Checklist

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2 1
4 2

2. Outcomes and Benefits
The primary objective of the Recreation Center Rebuild Project (Project) is to establish a state- of-the-art facility designed to meet the community’s current and future recreational needs. The construction and maintenance of the new Recreation Center will strictly adhere to the provisions outlined in the California Health and Safety Code sections 16000 through 16022, as well as the California Building Standards, guaranteeing a structurally sound building upon completion.

The Project was informed by extensive community input at multiple stages of the design process to inform the building program and design. This input included 2 rounds of community engagement with nearly 2,000 responses from online surveys, open houses, intercept kiosks at community events, task force meetings, and public meetings. The community’s feedback was integrated into the design of the project to ensure alignment with community needs, values, and preferences.

In addition, the Project offers a unique opportunity to advance the City Council’s Innovation and Sustainability and Climate Action Plan goals. The City is on track to minimally achieve LEED Silver certification for the new all-electric Recreation Center building. With the goal of ultimately reaching zero net carbon, the Project has been designed to be photovoltaic ready with battery back-up as a bid alternate and to have the potential to expand electric vehicle charging beyond those installed on day one. The addition of a photovoltaic system, which is currently a bid alternate on the construction bid documents, would allow the project to meet requirements for LEED Gold, potentially Platinum and meet net-zero carbon performance. This goal will be accomplished with the support of the requested grant funding from Peninsula Clean Energy. The architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million.

3. Budget
The City Council has approved funding in the amount of $55,374,250 to the Project (CIP 301- 678). The remainder of the funding needed for the current Project budget estimate of $64,958,000 is planned to be appropriated in the FY 2024-2025 budget to be adopted by the City Council on June 17, 2024. The final Project budget will be determined by the bidding and the award of a construction contract.

Grant funding from Peninsula Clean Energy will be used to offset the cost for the photovoltaic system bid alternate which will provide alternative energy for the building and help the City lead by example to achieve its sustainability goals with a higher LEED certification and potential for a LEED Zero Carbon building.

4. Timeline
June – July 2024: Bid and Award to Contractor for Demolition and Construction of new Recreation Center
August 19,2024: Recreation Center closes
Fall 2024 – Summer 2026: Construction
Summer 2026: Projected Grand Opening of new Recreation Center. With spaces for small, medium, and large-scale classes, meetings and events, the new facility will provide a vibrant hub of activity for our community.

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6 3
2 DATE: May 20, 2024

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

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services Department
SUBJECT: CONTRACT AMENDMENT NO. THREE (3) IN THE AMOUNT OF $60,000 TO THE AGREEMENT WITH IT’S PERSONNEL

CONSULTING FOR HUMAN RESOURCES CONSULTNG

SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. 3 (CA #3) in the amount of $60,000 with It’s Personnel Consulting, Inc. for additional Human Resources consulting services until a Human Resources Manager is hired for a revised total contract amount not to exceed $210,000.

EXECUTIVE SUMMARY
In July 2022, due to staffing shortages, the City entered into a Professional Services Agreement with It’s Personnel Consulting, Inc. (It’s Personnel) to provide specialized Human Resources (HR) support services in various areas including recruitment, classification/compensation, benefits administration, leave administration and other HR functions (“Agreement”).

A Second Amendment to the Agreement (CA #2) was approved in August 2023 to allow It’s Personnel to provide a part-time Interim HR Director while the position is being recruited. With CA #2, the revised total contract amount was approved at $150,000.

6.9 6.9 Staff Report

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2 A Third Amendment to the Agreement (CA #3) in the amount of $60,000 is now necessary to continue to provide additional HR services while an HR Manager position is being recruited. With CA #3, the revised total contract amount will be $210,000.

BACKGROUND/ANALYSIS
On July 21, 2022, the City and It’s Personnel entered into a Professional Services Agreement to assist with various HR services including recruitment, classification/compensation, benefits administration, leave administration and other HR functions. These services were provided on an as-needed basis up to a maximum Agreement amount of $20,000.

On May 22, 2023, a First Amendment to the Agreement was entered into by the City Manager to increase the contract amount based on recent vacancies that occurred in the HR Department to ensure HR services continued. The services continued to be provided on an ad-hoc basis as needed but also included a Senior HR Analyst resource for the more complex and specialized services for an additional amount of $29,000 increasing the maximum Agreement amount to $49,000. The City Manager approved the Agreement and the First Amendment to the Agreement (CA #1) as they were both within his signing authority under the City’s Purchasing Policy.

On August 21, 2023, CA #2 was approved by the City Council to include additional services including a part-time Interim HR Director while the full-time position is being recruited. CA #2 increased the maximum amount by $101,000. The Interim HR Director was hired as the Administrative Services Director in October 2023. The contract with It’s Personnel continued to provide HR services in the area of recruitment and classification/compensation. In addition, a Risk Management and Workers Compensation expert has been consulting on best practices and reviewing the City’s processes and providing recommendations.

CA #3 is necessary to continue to utilize expertise in the area of Risk Management and Workers Compensation and to provide various HR services while a recruitment for an HR Manager is completed. CA #3 would increase the maximum amount by $60,000 and should provide over 300 hours of consulting if necessary, on an as-needed basis.

California Environmental Quality Act
Approval of CA #3 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 Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

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2 FISCAL IMPACT
With the execution of CA #3, the revised contract amount is $210,000:

Professional Services Contract $20,000 Contract Amendment No. 1 $29,000 Contract Amendment No. 2 $101,000 Contract Amendment No. 3 $ 60,000 Revised Contract Amount $210,000 CA #3 in the amount of $60,000 to the agreement with It’s Personnel will ensure there is sufficient funding to provide HR consulting services. Funding is available in the approved budget for CA #3. The HR Manager position within the HR Division has been vacant and was budgeted for the entire fiscal year. The total projected salary savings from the vacant HR Manger position is $241,000 until June 30, 2024, and staff is proposing to offset the cost of the contract amendment from these salary savings.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 3
Attachment 3 – Agreement

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RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. THREE (3) IN THE AMOUNT OF $60,000 WITH IT’S PERSONNEL CONSULTING INC. FOR

HUMAN RESOURCES CONSULTING SERVICES

CITY OF FOSTER CITY
WHEREAS, on July 21, 2022, the City entered into a professional services agreement with It’s Personnel Consulting to provide Human Resources (HR) services in various functions including recruitment, classification/compensation, benefits administration, leave administration and other HR functions on an as needed basis up to a maximum Agreement amount of $20,000; and
WHEREAS, on May 22, 2023, Contract Amendment No. One (1) was approved by the City Manager to increase the contract based on recent vacancies that occurred in the HR Department for an additional $29,000 increasing the maximum Agreement amount to $49,000; and
WHEREAS, on August 21, 2023, Contract Amendment No. Two (2) was approved by the City Council to increase the contract by $101,000 to provide an Interim Human Resources Director while a recruitment on the position was completed increasing the maximum Agreement amount to $150,000; and
WHEREAS, Contract Amendment No. Three (3) would increase the agreement amount to provide additional HR services while a Human Resources Manager position is being recruited. With Contract Amendment No. Three (3), the revised total contract amount will be $210,000; and
WHEREAS, there is adequate funding in the Human Resources budget to cover these costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. Three (3) in the amount of $60,000 with It’s Personnel Consulting for additional HR consulting services.

6.9 Attachment 1 - Resolution

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.9 Attachment 1 - Resolution

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ORIGINAL
4867-3200-7544 v1
4892-7919-5256 v1

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. THREE (3)
DATE: May 20, 2024 ACCOUNT NO. 001-1210-415-4251 PROJECT NAME: Recruitment and HR Support Services
TO: It’s Personnel Consulting, Inc.

CHANGE REQUESTED BY: It’s Personnel and City of Foster City Based on mutual agreement, It’s Personnel Consulting, Inc. and City of Foster City agree to amend the original Agreement dated July 21, 2022 (“Agreement”) pursuant to Section 4 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 20,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1)
(Dated May 22, 2023)
$ 29,000
AMOUNT OF CONTRACT AMENDMENT NO. TWO (2)
(Dated August 21, 2023)
$ 101,000
AMOUNT OF CONTRACT AMENDMENT NO. THREE (3) $ 60,000
REVISED CONTRACT AMOUNT $ 210,000
It’s Personnel Consulting and the City of Foster City agree that additional work shall be added to Exhibit A, Scope of Work, in the Agreement for the services of an HR Director as described below and attached hereto and hereinafter incorporated as Attachment 1:

Task #2: Additional HR Services

1. To add additional hours for an expert in Risk Management and Workers Comp. Consultant shall be billed at $175/hour.

2. Various HR Services until new Human Resources Manager is hired $ 60,000
Subtotal $ 60,000
REVISED CONTRACT AMOUNT $ 210,000
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

It’s Personnel 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

6.9 Attachment 2 - Contract Amendment No. Three (3)

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4867-3200-7544 v1
4892-7919-5256 v1
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.

IN WITNESS WHEREOF, the City of Foster City and It’s Personnel Consulting, Inc. have executed this Third Amendment to the Agreement, which shall be effective as of May 20, 2024, regardless of when it is executed.

CITY OF FOSTER CITY
DATE:

PATRICK SULLIVAN, MAYOR
ATTEST:

DATE:

PRISCILLA SCHAUS, CITY CLERK
APPROVE AS TO FORM:

DATE:

BENJAMIN STOCK, CITY ATTORNEY
IT’S PERSONNEL:

DATE:

REBECCA BURNSIDE, PRINCIPAL

6.9 Attachment 2 - Contract Amendment No. Three (3)

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4867-3200-7544 v1
4892-7919-5256 v1
Attachment 1
Additional HR services (approximately 342 hours) which include:
•Determine options for Workers Compensation administration •Review self-insurance limits and recommend changes if necessary •Review property and liability claim administration processes and recommend changes based on best practice
•Investigation services
•Classification research and market analysis

6.9 Attachment 2 - Contract Amendment No. Three (3)

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Recruitment and HR Support Services

PROFESSIONAL SERVICES AGREEMENT
FOR
Recruitment and HR Support Services

This Agreement is made and entered into as of the 21
st day of July, 2022 by and between
the City of Foster City , hereinafter cal led "CITY" and Its Personnel, hereinafter called "CONSULTANT".

RECITALS

This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;

WHEREAS, CONSULTANT is qualified to provide such services to the CITY and;

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. ( c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

6.9 Attachment 3 - Agreement

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Recruitment and HR Support Services

notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d ) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment . CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT ’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Twenty Thousand Dollars ($20,000) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $5 0,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefore by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items bil led. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

6.9 Attachment 3 - Agreement

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Recruitment and HR Support Services

more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $5 0,000) or City Council (for contracts $5 0,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable theref or, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Sc hedule established in Exhibit A and within the times specified for each individual Project.

DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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Recruitment and HR Support Services

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY , become the property of CITY.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City ’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for t he means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically ident ified in this Agreement as CITY’s responsibility.

10. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (incl uding, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

6.9 Attachment 3 - Agreement

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Recruitment and HR Support Services

its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, a nd shall not in any way be limited by, the insurance obligations contained within this Agreement.

11. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT shall maintain insurance as required by this Agreement to the full est amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

12. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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Recruitment and HR Support Services

every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

13. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101 -336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first-class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Maria Saguisag-Sid
Email: [email protected]

Phone: (650) 286-3207

CONSULTANT: It’s Personnel
Rebecca Burnside
1545 Broadway #305
San Francisco, CA 94109
(415) 786-2666
[email protected]

15. Non-Assignment. This Agreement is not assignable either in whole or in part.

16. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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17. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

18. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California . The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules . Any suit or action initiated by either party shall be brought in the County of San Mateo, C alifornia unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

19. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

20. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

21. Liability of CITY.

Except as provided in Exhibit A, Services to be provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of it s employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT , its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

22. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

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

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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24. Entire Agreement . This Agreement, including Exhibit s A , B , C, and D comprises the entire Agreement.

IN WITN
ESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY O

F FOSTER CITY
Dated: _________________________________
Stefan Chatwin, City Manager
Dated:

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULT
ANT
Dated:

Rebecca Burnside, Principal
ATTEST:
________________________________
Priscilla Schaus, City Clerk
By: Yelena Cappello, Deputy City Clerk
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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND DELIVERABLES FOR
Recruitment and HR Support Services

See Attached

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IT’S PERSONNEL CONSULTING FOSTER CITY RECRUITMENT PROPOSAL

1545 Broadway Suite 305 San Francisco, CA 94109 Phone: 415-786-2666 E-Mail: [email protected] Web: www.its-personnel.com DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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Scope of Work It’s Personnel will provide HR Analyst work in the form of recruitment services, classification compensation work, benefits administration, leave administration, and other Human Resources functions. These can take various forms. For example, a recruitment service may look like: (1.) Project Organization • Kick-off meeting to discuss candidate profile and formalize project schedule • Finalize candidate profile with City of Foster City • Develop advertising and recruiting plan • Prepare marketing brochure or job announcement and/or supplemental questionnaires (2.) Recruitment • If desired, identify and seek out well-qualified candidates within the parameters of the candidate profile • Advertise, network, and electronically post in appropriate venues • Respond to all inquiries and acknowledge all resumes received (3.) Preliminary Interviews/Recommendation • Review candidates’ resumes and supplemental questionnaires • If desired, conduct preliminary interviews with leading candidates • Work with operating department to develop invitees to oral boards • Notify all candidates of search status (4.) Final Oral Board Process/Selection • Design process and facilitate interview(s) with panel (5.) Qualification • If desired, conduct background checks and references A Brief History of the Organization and Principal It’s Personnel has been operating since 2010, providing a full range of Human Resources services to public and private entities. Current and previous clients include Solano County, City of Livermore, Genentech, City of Brisbane, City of Tracy, University of San Francisco, City of San Mateo, City of South San Francisco, City of Berkeley, Mitsubishi, Sony, and the City of Palo Alto. It’s Personnel is owned and operated by Rebecca Burnside. She employs three HR Analysts, John Castanha, Barbara Hanna, and Victoria Edwards, who will be performing the work for Foster City if this project is awarded. Ms. Burnside began her career as a litigation attorney, specializing in first commercial litigation and then labor and employment law in Arizona. She worked for Littler Mendelson, the largest labor and employment boutique law firm in the nation with almost 1,000 attorneys in 55 offices. She represented a number of Fortune 100 companies, as well as a number of small employers and public entities. Clients included Waste Management, Wal*Mart, Clear Channel, Swift Aviation, the City of Phoenix, and McKesson

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Corporation. After she practiced law, she transitioned into Human Resources in the Public Sector. She served as Assistant Human Resources Director for the City of San Mateo, Human Resources Director for Foster City, and Human Resources Director for Redwood City. She and her HR Analysts have provided recruitment services for several agencies, including City of San Mateo, City of Berkeley, City of Livermore, City of South San Francisco, and Menlo Park Fire Protection District. Victoria Edwards will be assisting Ms. Burnside as an associate. She has over 25 years of Human Resources experience. She served as a Human Resources Analyst for the City of South San Francisco for 10 years, working as a generalist with a focus in recruitment. She has experience in all areas of Human Resources. Barbara Hanna will be assisting Ms. Burnside as an associate. She has over 30 years of Human Resources experience. She served as a Human Resources Analyst for Foster City for 10 years, working as a generalist. She also worked for Pacific Gas and Electric for almost a decade and worked in publishing and technology companies. She has experience in all areas of Human Resources. John Castanha may also be assisting Ms. Burnside as an associate. He has over 30 years of Human Resources experience. He served as a Senior Human Resources Analyst and HR Analyst for Foster City for over a decade, working as a generalist. He also worked for San Ramon Valley Fire Protection District and the City of Palo Alto. He has experience in all areas of Human Resources. For recruitment services, we suggest the following sample plan: Recruitment Plan- Sample Project Organization Kick-off meeting to discuss candidate profile and formalize project schedule Develop advertising and recruiting plan Recruitment Draft and post job announcement Advertise, network, and electronically post in appropriate venues Respond to all inquiries and acknowledge all resumes received Preliminary Interviews/Recommendation Review candidates’ resumes and supplemental questionnaires (typically limited at approximately 150) Notify all candidates of search status Final Interviews/Selection Draft Oral Board Questions or Assessment Center Confer on process Design process and facilitate finalist interview(s) with panel Secure Panelists with cooperation/involvement of the Hiring Department DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F

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Miscellaneous Coordination Questions and conferences with employer, candidates, HR staff, Hiring manager Statement of Compensation Associate Hours estimate Rate Estimated Cost per recruitment Rebecca Burnside

$225.00

HR Analysts $125.00 $2,250-$3,000 Additional Expenses per Recruitment Estimated to be $400.00 (as determined/approved by the operating department for targeted advertising) * It’s Personnel does not offer legal advice. We recommend all work product be reviewed by your legal counsel. The amount quoted for the work product is a good faith estimate based on the information provided. All invoices are due within 30 days of the invoice date. We thank you for your consideration.

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EXHIBIT B

FEE SCHEDULE

Rebecca Burnside $225 per hour
HR Analysts $125 per hour

Compensation shall not exceed twenty thousand dollars ($20,000).

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EXHIBIT C

INSURANCE FORMS

CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 1, 2022, by and between It’s Personnel, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insu rance and all required endorsements have been filed with the City 's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not con stitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of a ny policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage f or liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2 ,000,000) each occurrence and four million dollars ($4,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

☒ Professional Liability Insurance

Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.

1.2 Self-Insured Retention

Any self-insured retentions in excess of $100,000 must be declared on the Certificat e of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage

If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than fi ve (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured

On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein.

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premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage f or any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A -; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self - insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance.

If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants poli cies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named
Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS : Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and It’s Personnel (“Consultant”) dated July 1, 2022.

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

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards.

Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

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

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

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

3. Compliance with COVID-19 Proclamations.

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

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

[Signatures on Next Page]

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IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Rebecca Burnside, Principal Stefan Chatwin, City Manager

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3 DATE: May 20, 2024

TO: President and Members of the EMID Board of Directors VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
DEPARTMENT: Public Works
SUBJECT: EMERGENCY GENERATOR REPLACEMENTS (CIP 455-705) –

APPROVAL OF EQUIPMENT PREPURCHASE PACKAGE AND

AUTHORIZATION TO CALL FOR BIDS

RECOMMENDATION
It is recommended that the District Board adopt the attached resolution approving the prepurchase package and authorizing the call for bids for three (3) emergency generator systems and two (2) automatic transfer switches for CIP 455-705 - Emergency Generator Replacements Project.

EXECUTIVE SUMMARY
CIP 455-705 addresses the replacement of emergency generator systems (generators) and automatic transfer switches (ATSs) at ten (10) of the District’s lift stations.

Staff prioritized the replacement of Lift Stations 22, 29 and 59 because their generators and ATSs have reached the end of their useful service lives. The lead time for the new generators and ATSs is estimated to be approximately 42 to 60 weeks. Staff recommends to prepurchase the equipment due the long lead time. While the equipment is on order, the design team will continue to complete the development of the construction documents so that delivery of the generators coincides with the project timeline for start of construction.

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3 The District Board approval of the attached pre-purchase package will allow staff to advertise the package for bidding and proceed with the equipment procurement.

BACKGROUND
CIP 455-705 consists of the replacement of generators and ATSs at ten (10) of the District’s lift stations. Staff prioritized the replacement of the generators and ATSs at Lift Stations 22, 29 and 59 because they have reached the end of their useful service lives and temporary resources have been acquired to keep them operational.

On June 6, 2022, the District Board adopted Resolution No. 3652 approving the issuance of a Request for Proposals (RFP) for a professional design firm to prepare the design and scope of work for the three (3) priority lift stations.

Subsequently, on August 16, 2022, the District Board adopted Resolution No. 3672 authorizing a Professional Services Agreement with Freyer & Laureta, Inc., in an amount not to exceed $240,128.00 to provide professional engineering services for the preparation of construction documents suitable for bidding.

A basis of design report, including assessment of the existing generators and ATSs, recommendations for replacement sizes and locations, preliminary project timeline, and engineering cost estimates, was then prepared for these three (3) priority lift stations in late 2023. It is estimated the lead time for the new generators and ATS replacements is approximately 42 to 60 weeks.

ANALYSIS
Due to the long lead time for the generators, it is recommended that a separate procurement be conducted to purchase the equipment as a City furnished item prior to completion of the construction documents. While the products are on order, the design team will continue to advance the development of the design drawings and project specifications to align delivery of the equipment with the project construction timeline.

This will minimize the effects of supply chain issues including potential future price increases and reduce potential delay claims by the installation contractor.

The attached equipment pre-purchase package was prepared by the design team and staff and approved by the City Attorney. It includes EMID Vendor Agreement for Products, Plans, and Technical Specifications. It is deemed complete and ready for bidding.

The District Board action will allow staff to advertise the prepurchase package for the generators and ATSs for bidding. Staff anticipates submitting a staff report and resolution for the award of the EMID Vendor Agreement Contract to the District Board in July.

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3 Approval of Pre-Purchase Package &
Authorization to Call for Bids
May 20, 2024
Bid Opening June 18, 2024
Award of Contract July 15, 2024

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action 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.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT
Total engineering cost estimates for the three (3) emergency generator systems and two (2) automatic transfer switches are $1.39 million. Funding for the equipment prepurchase is available in the CIP 455-705 Emergency Generator Replacement Project budget, which has a total FY 2022-2023 budget of $2,300,000. Additional funding has been programmed into the FY 24-25 budget for construction.

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

Attachment 1 – EMID Resolution
Attachment 2 – Pre-purchase Package

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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE EQUIPMENT PREPURCHASE

PACKAGE AND AUTHORIZING THE CALL FOR BIDS FOR THREE EMERGENCY

GENERATOR SYSTEMS AND TWO AUTOMATIC TRANSFER SWITCHES FOR CIP 455-705 EMERGENCY GENERATOR REPLACEMENTS PROJECT AND FINDING

THAT THE PROJECT IS EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDLINE CLASS 2 – REPLACEMENT

OR RECONSTRUCTION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 addresses the replacement of emergency generators and automatic transfer switches located at ten (10) of the District’s lift stations; and WHEREAS, the emergency generator systems (Generators) and automatic transfer switches (ATSs) at Lift Stations 29 and 59 and the emergency generator system only at Lift Station 22 have been prioritized because they are at the end of their useful lives; and
WHEREAS, the estimated the lead time to procure the three Generators and two ATSs is estimated to be 42 to 60 weeks; and
WHEREAS, it was determined beneficial to separately procure the equipment as City furnished items, while the project design is underway to keep its delivery in sync with the construction timeline, avoid supply chain issues including potential future price increases, and reduce potential delay claims by the installation contractor; and WHEREAS, a pre-purchase package for the Generators and ATSs was prepared and is ready for bid; and
WHEREAS, this action 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.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced; and WHEREAS, funding is available in the budget for CIP 455-705 Emergency Generator Replacement Project.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the prepurchase package and authorizes the call for bids for three (3) emergency generator systems and two (2)

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automatic transfer switches for CIP 455-705 Emergency Generator Replacements Project.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 20 th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
CIPP 455-705 EMID Emergency Generator Replacement
This Agreement is made and entered into as of the _____ day of _______, 20___ by and between the Estero Municipal Improvement District, hereinafter called "DISTRICT," and _________, hereinafter called "VENDOR."

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

A.

B.

C.

That DISTRICT desires to engage VENDOR to provide a product and/or services to the DISTRICT;
That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the DISTRICT and; That the DISTRICT has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

1. A. Services. The services to be performed by VENDOR under this Agreement are set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Timely delivery of the product specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other 1 Updated 1/18/2022

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required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, DISTRICT may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as DISTRICT may determine in its sole discretion. (c) DISTRICT may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of DISTRICT’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) DISTRICT may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever DISTRICT determines that such termination is in DISTRICT’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. DISTRICT shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by DISTRICT’s District Manager (for contracts less than $50,000) or District Board of Directors (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
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Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event DISTRICT desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by DISTRICT’s District Manager (for contracts less than $50,000) or District Board of Directors (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to DISTRICT for review and copying during regular business hours at VENDOR’s place of business or as otherwise agreed upon by the parties.

6. 7.

Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to DISTRICT, become the property of DISTRICT

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as DISTRICT’s agent in any capacity, whatsoever. VENDOR is not entitled to any benefits that DISTRICT provides to DISTRICT employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits.

Terms within this Agreement regarding direction apply to and concern the result of the VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as DISTRICT’s responsibility.
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9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that DISTRICT shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

VENDOR acknowledges the importance to DISTRICT of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

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

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to DISTRICT property, DISTRICT
employees, persons designated by DISTRICT for training, or any other person(s) other than VENDOR’s agents or employees, designated by DISTRICT for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at DISTRICT’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.
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12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless DISTRICT and City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, DISTRICT or City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

The duty of VENDOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require VENDOR to indemnify DISTRICT and City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

VENDOR’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold DISTRICT, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to DISTRICT against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
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c. VENDOR, at its own expense, shall defend any action brought against DISTRICT to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against DISTRICT in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by DISTRICT of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, DISTRICT shall have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, DISTRICT shall permit VENDOR at its option and expense either to procure for DISTRICT the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by DISTRICT shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist DISTRICT in procuring substitute Products. If, in the sole opinion of DISTRICT, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, DISTRICT shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums DISTRICT has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to DISTRICT under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii.
iv.

The modification by DISTRICT of the equipment of software furnished hereunder; or
The combination or utilization of software furnished
hereunder with non-VENDOR supplied software.
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f. VENDOR certifies that it has appropriate systems and controls in place to ensure that DISTRICT funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D, Insurance, which are attached and made a part of this Agreement. VENDOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event VENDOR fails to maintain any required insurance, and notwithstanding Paragraph 3 above, DISTRICT may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due VENDOR under this Agreement (or VENDOR shall promptly reimburse DISTRICT for such expense).

VENDOR shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event VENDOR fails to obtain or maintain completed operations coverage as required by this Agreement, the VENDOR at its sole discretion may purchase the coverage required and the cost will be paid by VENDOR.

15. 16.

WORKERS' COMPENSATION. VENDOR certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and VENDOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees 7 Updated 1/18/2022

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and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

17. Notice. All notices required by this Agreement shall be given to the DISTRICT and VENDOR in writing, by first class mail, postage prepaid, addressed as follows:

DISTRICT: Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: _Jen Chen______
VENDOR: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________

18. 19.

Non-Assignment. This Agreement is not assignable either in whole or in part.

Substitutions. VENDOR may not substitute any Products or Services without DISTRICT’s advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agreement without DISTRICT’s advance written consent.

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.
a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by DISTRICT, free from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty.

All warranties, including special warranties specified elsewhere herein, shall inure to DISTRICT, its successors and assigns, and any users of the Products or Services.
b.

21. Samples.
a. DISTRICT may require samples of items inspection and specification testing and must be furnished free of expense to 8 Updated 1/18/2022

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DISTRICT. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.

Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.
b.

22. 23.

Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified.

Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii.
b.
the number of the container in which the packing sheet has been enclosed.

All shipments by VENDOR or its subcontractors must include packing sheets identifying DISTRICT’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.

Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by DISTRICT. c.

24. 25.

Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by DISTRICT unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by DISTRICT in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

Inspection, Acceptance and Rejection.
a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to DISTRICT covering Products and Services under the Agreement and will tender to DISTRICT only Products that have been inspected and found to conform to all requirements. VENDOR will keep records
evidencing inspections and their result, and will make these records available to DISTRICT during the Agreement performance and for three years after final payment. VENDOR shall permit DISTRICT to review procedures, practices, processes and related documents 9 Updated 1/18/2022

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to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b.
c.

All Products may be subject to inspection and test by DISTRICT or its authorized representatives.

VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to DISTRICT. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.
d.
e.

All Products may be subject to final inspection, test and acceptance by DISTRICT, notwithstanding any payment or other inspection.

DISTRICT shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If DISTRICT does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that DISTRICT might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations. VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and DISTRICT, and shall defend, indemnify and hold the DISTRICT harmless against any loss, cost, damage or liability by reason of VENDOR’s violation of this provision.

27. 28.

National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against VENDOR within the immediately preceding two-year period because of VENDOR’s failure to comply with an order of the National Labor Relations Board.

Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of DISTRICT with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, DISTRICT shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by DISTRICT in procuring on the open market any items which VENDOR agreed to 10 Updated 1/18/2022

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supply shall be borne and paid for by VENDOR. The rights and remedies of DISTRICT provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

29. 30.

Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

31. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

32. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

33. Conflict of Interest. VENDOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with DISTRICT that VENDOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing DISTRICT services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) VENDOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential VENDORs, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 11 Updated 1/18/2022

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34. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for DISTRICT, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

35. 36.

Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

Entire Agreement. This Agreement, including Exhibits A, B C, D, E, and F, comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
Dated: _________________________________
____________________, District Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
Dated: _________________________________
Patrick Sullivan, President
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

Dated: ________________________________
Priscilla Schaus, District Secretary
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APPROVED AS TO FORM
Dated:

Dated:

Benjamin Stock, District Legal Counsel
VENDOR
Type Name & Title of VENDOR Authorized to
Sign
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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
CIPP 455-705 EMID Emergency Generator Replacement
Scope of Deliverables:
1) Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank. Refer to Bid Schedule in Exhibit B.
2) Automatic Transfer Switch in Outdoor Enclosure. Refer to Bid Schedule in Exhibit B.

Scope of Services:

Refer to Technical Specifications 16233A, 16233B, and Pre-Purchase Drawing Package.

Delivery Schedule: The delivery date shall correspond with the anticipated construction date in Spring 2025.

Vendor to attach estimated delivery schedule including the following:
1) Submittal Reviews for District;
2) Fabrication of Equipment (for each Bid Item);
3) Delivery to District Facilities.
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EXHIBIT B
VENDOR’S FEES and SCHEDULE OF BID PRICES
Summary
Total Contract Services:

Itemized Fees: Refer to Schedule of Bid Prices Table.

Project Payment Schedule: Refer to General Specifications for bid item descriptions.

SCHEDULE OF BID PRICES
Bid Item
No.

Bid Item Est. Unit Unit Price Bid Amount
Quan.

Lift Station 22
1 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 22
EA 1
Lift Station 29
2 Generator, Weatherproof EA
EA
EA
EA
1 1
1 1
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 29
Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 29
3 Lift Station 59
4 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 59
Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 59
5 TOTAL BID PRICE (Total Base Bid)

SCHEDULE OF ALTERNATE BID PRICES
Bid Item
No.

Bid Item Est. Unit Unit Price Bid Amount
Quan.

Lift Station 22
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1 Particulate Matter Filter as may
be required per Bay Area Air
Quality Management District
EA 1
TOTAL ALTERNATE BID PRICE (Total Alternate Base Bid)
Total Base Bid Price:
(Indicate Bid Price in Words)
Total Bid Price Plus Alternate Bid:
(Indicate Bid Price in Words)
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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

NOTICE TO VENDORS
SEALED BIDS will be received by the District Clerk, or designee, of the City of Foster City for the Project identified above until June 18, 2024 at 2 PM. Bids shall be sealed and addressed and noted as stated in Section C-17 of Vendor Agreement.

NOTE: Vendor Agreement including Project Plans and Specifications are available electronically through BarkerBlue Digital Imaging and www.fostercity.org under “doing business” and “rfps and bids”.

Sealed Bid for Equipment of:

EMID Emergency Generator Replacement
Following the closure of the bid submittal period, bids will be publicly opened and read for performing work as follows:

Furnishing all labor, materials, equipment, and performing all work necessary and incidental to the construction of the project known as EMID Emergency Generator Replacement according to drawings and specifications as prepared by the District and according to the Contract Documents. In general, the project comprises of replacing the Emergency Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank and Automatic Transfer Switch in Outdoor Enclosure at Lift Stations 29 and 59 and only the Emergency Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank at Lift Station 22.

Procurement of Bidding Documents:

Bidding Documents contain the full description of the Work. Copies of the Vendor Agreement are on file and available for public inspection at the District’s Public Works Department, located at 610 Foster City Boulevard, Foster City, California 94404. Vendors can purchase copies of the Vendor Agreement and Project Plans from BarkerBlue Digital Imaging by calling (650) 696- 2100 or Toll Free at (866)347-1011; Faxing at (650) 696-2199, or emailing to [email protected] on or after May 21, 2024.

For online viewing, please go to www.fostercity.org under “doing business” and “rfps and bids” Bidding Documents need not be returned to District. Vendor is responsible for printing any and all of Bidding Documents.

Instructions
Bidding procedures are prescribed in the Instruction to Vendors section. This is a Public Works project. Bids shall be executed upon the bid forms provided, which are a part of the Vendor Agreement. Each vendor must submit with its bid security in one of the following forms:
cash, cashier's check payable to the District, a certified check payable to the District, or a bid

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bond in the form included with the bid documents, executed by an admitted surety insurer, made payable to the District. The guaranty shall be in the amount of ten percent (10%) of the amount bid, and shall be forfeited should the vendor, if awarded the contract, fail to enter into the same, or fail to furnish in a timely manner the bonds and/or proof of insurance required under the Vendor Agreement.

All vendors shall be licensed under the provisions of the Business and Professions Code to provide the type of equipment for the project.

Vendor are solely responsible for the cost of preparing their Bids.

Each vendor shall submit with its bid a statement setting forth its experience on the forms included in the Vendor Agreement.

Telephones will not be available to vendors for the preparation or submittal of bids. Bid forms received after the designated time will not be accepted by the District. Vendors and their authorized agents are invited to attend the bid opening.

The District reserves the right, in its sole discretion, to reject any or all bids, to re-bid, to waive inconsequential defects in bidding not involving time, price or quality of the work, to make any awards or any rejections in what it alone considers to be in the best interest of the District, and waive any irregularities in the bids.

The contract will be awarded, if at all, to the responsible vendor that submits the lowest responsive bid that follows the Vendor Selection Criteria.

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INSTRUCTIONS TO VENDORS
The work to be performed is described in the Vendor Agreement titled, CIPP 455-705 EMID Emergency Generator Replacement, dated May 21, 2024 and prepared by Freyer & Laureta, Inc. for the District.

PROCEDURES FOR SUBMISSION ON BIDS
Required Pre-Bid Investigations
All Vendors shall carefully examine the Vendor Agreement and satisfy themselves as to their sufficiency; and shall not at any time after the submission of the Bid dispute or complain that there is any misunderstanding in regard to the location, extent, nature or amount of work to be performed. The Vendor shall notify the District of all conflicts, errors or discrepancies in the Vendor Agreement. The submitting of a Bid shall be considered an acknowledgement on the part of the Vendor of familiarity with the Scope of Work.

Vendors Questions and Answers
Vendors must direct all questions about the meaning or intent of Bidding Documents to District in writing. Interpretations or clarifications considered necessary by District in response to such questions will be issued by written Addenda mailed, faxed, or delivered to all parties recorded by the District as having received Bidding Documents. District may not answer questions received less than ten Days prior to the date for opening Bids.

Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, and Vendors shall not rely on oral statements.

Addenda
Addenda may be issued to all plan holders during the Bid period. Any and all Addenda issued shall become part of the Vendor Documents and shall be fully considered by all Vendors during the formation of Bids. It is the responsibility of the Vendor to contact the District to determine the existence of any and all addenda. Failure of any vendor to receive such Addenda shall not be justification for non-compliance with the terms of the instructions.

RECEIPT OF BIDS
Date and Time
Sealed hard copy Bids to follow shall be post marked to reflect the submittal date. District shall reject all Bids received after the specified time and will return such Bids to Vendors unopened.

Vendors must submit Bids in accordance with this Document.

Bid Submission

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Bids for the Work shall be made on the forms contained in the Vendor Agreement as listed on the Vendor’s Checklist at the end of this Section. A complete set of documents shall be placed opaque sealed 10 inch x 13 inch envelopes, sealed, and addressed to:

Estero Municipal Improvement District
Attention: __Jen Chen____
610 Foster City Boulevard
Foster City, CA 94404-2299
BID: EMID Emergency Generator Replacement Project
CIP 455-705
Bids shall be delivered to the District at the above address before the time set for the opening of bids as provided in Section NOTICE TO VENDORS.

Vendors should mark their Bid envelopes using the name, address, identifying information and contract number.

If the Vendor wishes to hand deliver the sealed bid, the bid shall be addressed as stated above and delivered to the same address.

The District reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice to Vendors. Postponement notices may be faxed and will be subsequently mailed to plan holders of record in the form of an addendum.

Required Content of Bid Submittals

1. Bid Form: Vendors must submit Bids on Bid Form in accordance with the provisions of this document. Vendors must complete all Bid items including schedule of bid prices and supply all information required by Bid documents and specifications.

2. Vendor Registration and Experience Form: Vendors must submit Vendor Registration and Experience Form, completed in accordance with the provisions of the Form. Vendor Experience must be in accordance with the Technical Specifications 16233A-1.07 and 16233B-1.07 in Exhibit A of the Vendor Agreement.

3. Non-Collusion Affidavit: Vendors must submit Non-Collusion Affidavit completed in accordance with the provisions of the document.

4. Vendor Certifications: Vendors must submit Vendor Certification completed in accordance with the provisions of the document.

Estimated Delivery Schedule: Estimated Delivery Schedule shall follow guidelines as stated in Exhibit A of Vendor Agreement.

BID OPENING

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Immediately after the expiration of the time for submission of Bids, all Bids will be publicly opened, read, declared, and referred to the District Council for action.

Bids to receive consideration shall be made in accordance with the following instructions:
a. Bids shall be made upon the separate form provided therefor, a copy of which is included with the Vendor Agreement. The signature of all persons executing the Bid shall be in longhand writing. The completed form shall be submitted without interlineations, alterations, or erasures.
b. Except as otherwise indicated, all items shall be included in the Envelope. c. Bids shall contain only the quotations for which the form is prepared. Alternative Bids will not be considered unless called for. No oral, email, facsimile, telegraphic, or telephonic bids, or modifications, will be considered.
d. Vendors shall submit in Envelope Form VENDOR’S EXPERIENCE in accordance with the Technical Specifications 16233A-1.07 and 16233B-1.07 provisions herein and therein.

VENDOR SELECTION CRITERIA
District will determine Apparent Low Vendor as follows:

A. District will open each Vendors’ Envelope at the time and place indicated, initially evaluate them for responsiveness, and determine an Apparent Low Vendor as specified herein.

B. For the Apparent Low Vendor only, District will open Envelope and evaluate the Apparent Low Vendor for responsiveness to the requirements CERTIFICATION OF VENDOR’S EXPERIENCE AND QUALIFICATIONS provided as an Attachment for responsibility.

C. Apparent Low Vendor will be determined solely on the total amount of all Bid items based on terms contained in Notice Inviting Bids and Bid Form. All Vendors are required to submit Bids on all Bid items (including any alternates).

D. If Apparent Low Vendor is determined to be non-responsive or non-responsible, then District may proceed to the next Apparent Low Vendor’s Bid pursuant to any procedures determined in its reasonable discretion, and proceed for all purposes as if this Apparent Low Vendor were the original Apparent Low Vendor.

Evaluation of Bids
The District will evaluate the Bids as follows:

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A. Bids must be full, complete, clearly written and using the required forms. Vendors shall make any change in the Bid by crossing out the original entry, entering and initialing the new entry. Vendor’s failure to submit all required documents strictly as required entitles District to reject the Bid as non-responsive. All Vendors must submit Bids containing each of the fully executed Sections supplied in the Vendor Agreement.

B. In evaluating Bids, District will consider Vendors’ qualifications, whether or not the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in Bid Form or prior to the Notice of Award.

C. District will consider the estimated delivery schedule, which will include milestones such as reviewed submittals to District, Fabrication of Equipment (for each Bid Item), and delivery to District facilities, as part of the Bid evaluation process. Refer to Exhibit A:

Delivery Schedule in Vendor Agreement.

D. District may conduct reasonable investigations and reference checks of Vendor and other persons and organizations as District deems necessary to assist in the evaluation of any Bid and to establish Vendor’s responsibility, qualifications, financial ability, and capability to perform the Work in accordance with the Contract Documents to District’s satisfaction within the prescribed time. Submission of a Bid constitutes Vendor’s consent to the foregoing.

E. District shall have the right to consider information provided by sources other than Vendor. District shall also have the right to communicate directly with Vendor’s surety regarding Vendor’s bonds.

F. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.

G. Bids shall be deemed to include the written responses of the Vendor to any questions or requests for information of District made as part of Bid evaluation process after submission of Bid.

Reservation of Rights
District specifically reserves the right, in its sole discretion, to:

A. Reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids; B. Reject the Bid of any Vendor as non-responsive as a result of any error or omission in the Bid; and
C. Reject the Bid of any Vendor if District believes that it would not be in the best interest of Project to make an award to that Vendor, whether because the Bid is not responsive,

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the Vendor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by District.

District may retain Bid securities of other than the Apparent Low Vendor for a period of 90 Days after award or full execution of the Contract, whichever first occurs.

For purposes of this Section, an “unbalanced Bid” is one having nominal process for some Bid items and enhanced prices for other Bid items.

District may waive any informalities or minor irregularities in the Bids. District also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project.

Submission of Written Bid Protest
Any bid protest relating to the award of the contract for the Project must be submitted in writing to the District, Attn: Jen Chen, 610 Foster City Boulevard Foster City, CA 94404-2299. The protest must be received before close of business of the fifth business day following the posting Notice of Intent to Award at the District, Attn: Jen Chen, 610 Foster City Boulevard Foster City, CA 94404-2299. District will use reasonable efforts to deliver by facsimile or email a copy of Notice of Intent to Award to all Vendors who submitted Bids no later than the Business Day after issuance, although any delay or failure to do so will not extend the Bid protest deadline described herein.

The initial protest document shall contain a complete statement of the basis for the protest.

The protest shall refer to the specific portion(s) of the Vendor Agreement, which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties who have a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other vendors or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. The documents shall be transmitted by e-mail, fax, or overnight mail.

Only Vendors who the District otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Vendors will not be considered. In order to determine whether a protesting Vendor is responsive and responsible, District may evaluate all information contained in any protesting Vendor’s Bid, and conduct the same investigation and evaluation as District is entitled to take regarding an Apparent Low Vendor.

Exclusive Remedy
The procedure and time limits set forth in this paragraph are mandatory and are the Vendor’s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a

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Government Code claim or legal proceedings. A Vendor may not rely on a protest submitted by another Vendor, but must timely pursue its own protest.

AWARD AND EXECUTION OF CONTRACT
Notice of Award and Submittal of Executed Contract Documents If Contract is to be awarded, it will be awarded to the lowest responsible responsive Vendor.

District will issue Notice of Award. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals, unless there is a bid protest, then (90) days after the day of bid opening.

Successful Vendor must execute and submit to District the “Required Contract Documents and Proof of Insurance” set forth below, by 5:00 p.m. of the 20th Day following the Notice of Award.

Required Contract Documents and Proof of Insurance

1. Agreement, fully executed by successful Vendor. Submit two originals, each bearing an original signature on the signature page and initials on each page.

2. Guaranty, fully executed by successful Vendor. Submit one original, bearing an original signature on the signature page and initials on each page.

3. Insurance certificates and endorsements required by Supplementary Conditions— Insurance: Submit one original set.

4. Any other items identified by District in Notice of Award.

Failure to Execute and Deliver Documents
Upon such failure to timely deliver all required Contract Documents as set forth herein, District may determine the next Apparent Low Vendor and proceed accordingly. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals.

GENERAL CONDITIONS AND REQUIREMENTS
Modification of Commencement of Work
District expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to Project. District accepts no responsibility to Vendor for any delays attributed to its need to complete independent work.

Conformed Project Manual

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Following Award of Contract, District may prepare a conformed Project Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the approved Project Manual.

Wage Rates
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the District’s Public Works Department and 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 Bidding Documents. Upon request, Owner will make available copies to any interested party.

Also, Vendor shall post the applicable prevailing wage rates at the Site.

Withdrawal of Bid
Vendors may withdraw their Bids at any time prior to the Bid opening time fixed in this Document, only by written request for the withdrawal of Bid filed with District at the City Clerk’s Office, located at 610 Foster City Boulevard, Foster City, California 94404. Vendor or its duly authorized representative shall execute request to withdraw Bid.

Public Records Act Requests
Per the Public Records Act, District will make available to the public Vendor’s SOQ (if vendor’s Envelope is opened), all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures set forth herein, and all subsequent Bid evaluation information. All submissions not opened will remain sealed and shall be returned to the submitter. Except as otherwise required by law, the District will not disclose trade secrets or proprietary financial information submitted by Vendors that has been designated as confidential by Vendor (including but not limited to the SOQ). Any such trade secrets or proprietary financial information that Vendor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific confidential information must be clearly identified as such.

Upon a request for records regarding this Bid, District will notify the Vendor involved, within ten Days from receipt of the request, when the records will be made available for inspection. If the Vendor timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Vendor determines is not subject to public disclosure, and requests that District refuse to comply with the records request, Vendor shall take all appropriate legal action and defend Vendor’s refusal to produce the information in all forums; otherwise District will make such information available to the extent require by applicable law, without restriction.

Information disclosed in the SOQ and the attendant submissions are the property of District unless Vendor makes specific reference to data that is considered proprietary. Subject to the

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requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

Substitutions
Vendors must base their Bids on products and systems specified in Contract Documents or listed by name in Addenda. District will consider substitution requests only for “or equal items.” Vendor must clearly state any exceptions to the specified equipment requirements. The requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and a statement of changes is submitted for evaluation.

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VENDOR’S CHECKLIST
The following constitutes the Vendor’s Checklist of completed Sections to be submitted with all Bids. All items are to be included in Envelope unless otherwise indicated:

Item Checked
_______
_______
_______

1. 2.

3. Bid Form
Schedule of Bid Prices
Vendor Registration and Experience Form
in accordance with the Technical Specifications
16233A-1.07 and 16233B-1.07

4. 5.

6. Non-Collusion Affidavit
Vendor Certifications
_______
_______
_______Estimated Delivery Schedule

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BID FORM

TO THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT
THIS BID IS SUBMITTED BY:
(Firm/Company Name)
Re: EMID Emergency Generator Replacement Project
Contract Number: CIP 455-705

1. The undersigned Vendor proposes and agrees, if this Bid is accepted, to enter into an agreement with the ESTERO MUNICIPAL IMPROVEMENT DISTRICT in the form included in the Contract Documents, Agreement, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Vendor accepts all of the terms and conditions of the Contract Documents, Exhibit C or Vendor Agreement.This Bid will remain subject to acceptance for 60 Days after the day of Bid opening, unless there is a bid protest, then 90 days after the day of bid opening.

3. In submitting this Bid, Vendor represents that Vendor has examined all of the Contract Documents, performed all necessary Pre-Bid investigations, and received the following Addenda:

Addendum Number ADDENDUM DATE Signature of Vendor

4. Based on the foregoing, Vendor proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in Schedule of Bid Prices in Exhibit B on Vendor Agreement.

5. The undersigned acknowledges that the Apparent Low Vendor will be determined as provided in Notice to Vendors and Instruction to Vendors.

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6. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Vendor within the time described in Paragraph 2 of this Document or at any other time thereafter before it is withdrawn, the undersigned Vendor will execute and deliver the documents required by Instructions to Vendors within the times specified therein.

7. Notice of Award or request for additional information may be addressed to the undersigned Vendor at the address set forth below.

8. The undersigned Vendor agrees to commence Work under the Contract Documents on the date established in the Vendor Agreement and to complete all Work within the time specified in Agreement.

9. The name of all persons interested in the foregoing Bid as principals are:

IMPORTANT NOTICE: If Vendor or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Vendor or other interested person is an individual, give first and last names in full.

NAME OF VENDOR:
with license number: Expiration:
(Place of Incorporation, if Applicable) (Principal)
(Principal)
(Principal)
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(Signature of Vendor)
Business Address:

Vendor’s Representative(s):
(Name/Title)

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(Name/Title)
(Name/Title)
Officers Authorized to Sign Contracts
(Name/Title)
(Name/Title)
(Name/Title)
Telephone Number(s):
(Area Code) (Number)
(Area Code) (Number)
Fax Number(s):
(Area Code)
(Area Code)
(Number)
(Number)
Date of Bid:

END OF DOCUMENT

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VENDOR REGISTRATION AND EXPERIENCE FORM

INDEPENDENT VENDOR REGISTRATION
License #
Date: Fed I.D. #
Full Corporate Name of Company:

Street Address:

Mailing Address:

Phone: Fax:

Name of Principal Contact:

Type of Business: Sole Proprietor
Non-Profit 501(c)(3)
other (please explain:

Partnership
Corporation
)

VENDOR EXPEREINCE
Experience information listed shall be in accordance with the Technical Specifications 16233A-1.07 and 16233B-1.07 in Exhibit A of the Vendor Agreement.

Years of Experience:

Type of Generators:
_____
Project Examples:

Certifications:

Additional Information:

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INSURANCE
Workers’ Compensation:

Carrier:

Address:

Phone and Fax:

Policy Number:

General Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
A.M. Best Rating:

Automobile Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
A.M. Best Rating:

All-risk Course of Construction (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

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Policy Limits: $
A.M. Best Rating:

Professional Liability (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
A.M. Best Rating:

Pollution Legal Liability Insurance (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
A.M. Best Rating:

VENDOR CERTIFIES, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS

CURRENT AND ACCURATE AND AUTHORIZES OWNER, AND ITS AGENTS AND REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

SIGNATURE
DATE

END OF DOCUMENT

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NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY VENDOR AND SUBMITTED WITH

BID STATE OF CALIFORNIA

COUNTY OF
)
) ss.
)
, being first duly sworn,
(Name of Principal of Vendor)
deposes and says that he or she is
(Office of Affiant)
of , the party
(Name of Vendor)
making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Vendor has not directly or indirectly induced or solicited any other vendor to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any vendor or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Vendor has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the Bid price of Vendor or any other vendor, or to fix any overhead, profit or cost element of the Bid price, or of that of any other vendor, or to secure any advantage against Owner, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Vendor has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Executed under penalty of perjury under the laws of the State of California:
(Name of Vendor)
(Signature of Principal)
Subscribed and sworn before me
This day of , 2020
Notary Public of the State of
In and for the County of
My Commission expires (Seal)

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NOTE:

NOTE:

If Vendor is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

If Vendor [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

NOTE: If Vendor’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

END OF DOCUMENT

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VENDOR CERTIFICATIONS

TO BE EXECUTED BY ALL VENDORS AND SUBMITTED WITH BID
The undersigned Vendor certifies to District as set forth in sections 1 through 7 below.

1. 2.

3. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Vendor within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Vendor, I certify that I am aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Vendor, I certify that I am aware of the provisions of Labor Code Section 1773 that requires the payment of prevailing wage on public projects. Vendor under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

4. 5.

CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

6. 7.

CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Vendor, any officer of Vendor, or any employee of Vendor who has a proprietary interest in such Vendor, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If a statement of “Previous Disqualifications” is attached, please explain the circumstances.

CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Vendor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Vendor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

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VENDOR:
(Name of Vendor)
(Signature)
Date: , 2024 By:

Name:

Its:
(Print Name)
(Title)

END OF DOCUMENT

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EXHIBIT D

INSURANCE
VENDOR shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Vendor Name, hereinafter referred to as "Vendor”, and the Estero Municipal Improvement District, hereinafter referred to as "District", providing for professional services.

1. Vendor's Duty to Show Proof of Insurance. Vendor, in order to protect District and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the District's authorized insurance representative, insurance Tracking Services Inc. (ITS).

Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Vendor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Vendor shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Vendor shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Vendor or District as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the District ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “the Estero Municipal Improvement District, its Council members, officials, agents, officers, and employees”. [FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE VENDOR. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE.

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to District and must be approved by the District Risk Manager.

1.3 Claims-Made Basis Coverage
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If any of the insurance coverages required under this Agreement is written on a claims-made basis, Vendor, at Vendor's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. District as Additional Insured
On Vendor's Commercial General Liability and Automobile policies, the District, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Vendor shall be maintained until the completion of all of Vendor's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Vendor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Vendor in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Vendor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the District Risk Manager.

3.3 If Vendor is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Vendor shall provide coverage equivalent to the insurance coverages and endorsements required above. The District will not accept such coverage unless the District determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Vendor is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Vendor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the District , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the District , its officers, officials, employees, or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Vendor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the District from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
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3.6 Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. District , at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach.

Alternatively, District may purchase such required insurance coverage, and without further notice to Vendor, District shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by District for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse District for the premiums and any associated costs, Vendor agrees to reimburse District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by District to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 District may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Vendor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Vendor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Vendor and its subcontractors by virtue of the District's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Vendor's and subcontractors policies.

Construction Manager and its subcontractors shall afford District access to their books and records and cooperate with District in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (DISTRICT) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
Policy
No.

The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the DISTRICT, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the DISTRICT.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION:

ADDRESS:

TITLE:
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TELEPHONE: ( ) DATE ISSUED:
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Exhibit E
SPECIAL TERMS and CONDITIONS
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EXHIBIT F
COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“District”) and ____________________________ (“Vendor”) dated ___________________________.

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

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Vendor (which for purposes herein includes all subcontractors) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Vendor and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Vendor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Vendor’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Vendor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

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

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

2. COVID-19 Conditions and Proposal. Vendor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Vendor’s price and schedule. In order to be 25 Updated 1/18/2022

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entitled to any relief from a COVID-19 Condition, the Vendor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

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

B. Vendor is responsible to ensure that its subcontractors and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.

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

5. District Directed Suspension. The District may suspend Services due to COVID- 19 health concerns, even though the Vendor may be allowed to proceed with the Services based on COVID-19 Proclamations. The District may suspend the Services for its convenience. The Vendor is entitled to a time extension for a District Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Vendor incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. District will reimburse the Vendor for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Vendor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Vendor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. District may require the Vendor 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. Vendor shall immediately report to District any outbreaks of COVID-19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a District building. In the event of an 26 Updated 1/18/2022

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outbreak or an exposure to COVID-19, the District may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

IN WITNESS WHEREOF, the District and Vendor have executed this Covid-19 Amendment as of the date set forth above.

VENDOR: DISTRICT:
____________________________________________________
Signature Signature
________________________
Print Name & Title
______________________________
Print Name & Title
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Technical Specifications

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SECTION 16233A
STANDBY POWER SYSTEM EQUIPMENT – CORPORATION YARD
PART 1 GENERAL

1.01 SUMMARY
A. Section includes the following standby power system equipment:

1. Outdoor standby power generator in a sound-attenuated weatherproof enclosure including associated diesel emissions control system, base- mounted diesel fuel storage tank and integral resistive load bank.

2. Outdoor, free-standing automatic transfer switch.

B. Overview of Standby Power System Equipment Supply:

1. Skid-mounted diesel engine-driven standby generator system.

2. Base-mounted diesel fuel storage tank.

3. Outdoor weather-proof, sound-attenuated, walk-in generator system enclosure.

4. Diesel emissions control system (supplied integral within the new standby generator enclosure).

5. Radiator-mounted resistive load bank system.

6. Entire supplied, fully-integrated standby power system shall be certified as an Environmental Protection Agency (EPA) “Tier 4 Final” system.

7. Automatic transfer switch housed in an outdoor, free-standing enclosure.

C. Overview of Standby Power System Scope of Supply Responsibility:

1. The standby power system equipment supplier shall be responsible for the delivery of all system equipment and components to the City of Foster City’s Corporation Yard (Corp Yard) located at:

Foster City Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404

2. The supplied standby power system fuel storage base tank, standby generator skid equipment and generator enclosure shall be offloaded from the supplier’s delivery truck directly onto an existing concrete equipment pad utilizing hoisting equipment provided by District’s installation Contractor. The standby power system equipment supplier’s field personnel shall be present at the Standby Power System Equipment – Corporation Yard
16233A-1
Foster City/EMID
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Corp Yard site to direct the offloading of the new standby generator and automatic transfer switch system equipment.

3. Anchoring of the supplied standby power system standby generator and automatic transfer switch equipment to the existing concrete equipment pad shall be provided by Others.

4. Field assembly of the supplied standby power system equipment standby generator equipment (i.e. fuel storage base tank, standby generator skid and generator enclosure) shall be performed by the supplier’s field technical personnel.

5. Requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and statement of changes is submitted for evaluation.

1.02 REFERENCES
A. American Society of Civil Engineers:

1. ASCE 7 – Minimum Design Loads for Building and Other Structures.

B. American Society of Mechanical Engineers:

1. B16.5 – Pipe Flanges and Flanged Fittings: NPS ½ through NPS 24 Metric/Inch Standard.

C. ASTM International:

1. ASTM A106/A106M – Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.

D. Bay Area Air Quality Management District (BAAQMD):

1. BAAQMD Authority to Construct Permit.

2. All applicable rules and regulations, including BAAQMD-specified Source Test Methods and Procedures.

E. California Air Resources Board (CARB).

F. Code of Federal Regulations (CFR):

1. Title 40, Chapter I, Subchapter C, Part 89 – Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

G. Institute of Electrical and Electronics Engineers (IEEE).

H. National Fire Protection Association (NFPA):

1. 30 – Flammable and Combustible Liquids Code.

2. 37 – Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

3. 70 – National Electrical Code.

4. 110 – Standard for Emergency and Standby Power Systems.

I. National Electrical Manufacturers Association (NEMA):

Standby Power System Equipment – Corporation Yard
16233A-2
Foster City/EMID
CIP 405-755
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1. MG 1 – Motor and Generators.

J. Underwriters Laboratories:

1. 142 – Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids.

2. 2200 – Standard for Stationary Engine Generator Assemblies.

1.03 DEFINITIONS
A. Acceptance: Formal action of the District in determining that the Vendor’s work has been completed in accordance with the Contract and in notifying the Vendor in writing of the acceptability of the Work.

B. ATS: Automatic Transfer Switch
C. BAAQMD: Bay Area Air Quality Management District
D. CARB: California Air Resources Board
E. CFR: Code of Federal Regulations
F. Contract Document(s): The words “Contract Document(s)” shall mean any or all of the following items, as applicable:

1. Vendor Agreement

2. Technical Specifications

3. Drawings
G. Corporation Yard: Corp Yard
H. District: The word “District” refers to the Estero Municipal Improvements District.

I. District’s Installation Contractor: The individual partnership, corporation, or combination thereof including joint ventures who enter into the Contract with the District for the performance of the Work. The term covers subcontractor, equipment and material suppliers, and their employees.

J. EPA: Environmental Protection Agency
K. FDT: Factory Demonstration Test
L. IEEE: Institute of Electrical and Electronics Engineers M. ISO: International Organization for Standardization
N. kW: Kilowatts
O. kVA: Kilovolt-amperes
P. Manufacturer: Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated into the Work.

Q. NEMA: National Electrical Manufacturers Association
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R. NFPA: National Fire Protection Agency
S. O&M: Operations and Maintenance
T. Others: Third Party Consultant or Contractor.

U. P&IDs: Piping and Instrumentation Diagrams
V. Project: The work to be performed under the provisions of the Contract.

W. SAE: Society of Automotive Engineers
X. SDS: Safety Data Sheet
Y. Standby Rated Duty: Continuous operation of the supplied standby power system for the duration of any primary power source (i.e. Pacific Gas and Electric Company utility power source) outage to the Corp Yard facility.

Z. Submittals: The information which is specified for submission to the District in accordance with the Contract Documents.

AA. Suppliers: Any person who or which supplies materials or equipment for the Work, including that fabricated to a special design.

BB. Suppliers Field Personnel: Any person who supplies materials or equipment for the Work, including that fabricated to a special design.

CC. UL: Underwriters Laboratory
DD. Work: The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion and fulfillment of the Contract.

1.04 SYSTEM DESCRIPTION
A. Supply a complete standby generator power system comprised of, but not limited to, the following equipment and accessories:

1. Environmental Protection Agency (EPA) Tier 4 compliant diesel engine-driven generator system having a minimum standby power rating of 1,000 kilowatts (kW) / 1,250 kilovolt-amperes (kVA) with an output voltage of 480 volts, 3- phase.

2. Base-mounted diesel fuel storage tank with minimum capacity of 3,426 gallons.

3. Outdoor-rated, walk-in generator enclosure with sound-attenuation design.

4. Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA Tier 4 compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

5. Integral, radiator-mounted resistive load bank, rated 300 kW, 480 volts, 3- phase.

6. New automatic transfer switch.

B. The supplied standby power system equipment shall operate in conjunction with the supplied, new automatic transfer switch and existing site power distribution equipment. The new standby power system shall operate in an “open-transition” Standby Power System Equipment – Corporation Yard
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configuration. There are no requirements for the supplied standby power system to operate in parallel with any other power supply source.

C. The supplied equipment and accessories specified in this section shall be installed by both the supplier’s field personnel and by Others as specified herein. Below is a summary of the supplied equipment installations:

1. The new diesel engine-driven standby generator system (generator), base- mounted fuel storage tank and outdoor enclosure shall be installed on and anchored to a new, outdoor concrete equipment pad. The new concrete equipment pad and anchoring of the new generator to the new pad shall be provided by Others. Final assembly of the base-mounted fuel storage tank, standby generator skid and generator outdoor enclosure shall be provided by the supplier’s field personnel.

2. The new generator shall be connected to the existing Corp Yard power distribution and control systems as specified herein and as indicated on the attached Drawings. Installation of new raceways, conductors and connection of the new generator to the existing Corp Yard power and control systems shall be provided by Others.

3. The new diesel emissions control system (DECS) equipment and accessories shall be supplied as an integral part of the new standby generator system equipment, factory-mounted within the new generator equipment enclosure.

D. Installation inspection, configuration, start-up and commissioning of supplied equipment and systems shall be provided by the equipment supplier as specified herein. Supplier shall provide these on-site services after all supplied equipment and systems have been installed and are ready for start-up and commissioning.

Supplier shall include on-site service costs in overall equipment supply proposal based upon an estimated time frame which includes supplied equipment submittal development and review, manufacturing and procurement of all supplied equipment to the Corp Yard site and an approximate 6-month installation time frame for installation of the supplied equipment (from time of equipment delivery to the site) with all present service rate escalations included in the proposal.

E. Consumables such as coolant, lubrication materials and filters required for start-up and commissioning of the new standby power system shall be included in the supplier’s scope of supply. Initially required diesel fuel and urea fluid shall be provided by the Supplier as required to facilitate start-up and commissioning of the new standby power system.

F. On-site training of District personnel for supplied standby power system equipment and accessories shall be provided by the equipment supplier as specified herein.

Supplier shall provide this on-site training after all supplied equipment and systems have been commissioned by the equipment supplier. Supplier shall include on-site training costs in overall equipment supply proposal based upon an estimated time frame of providing the training approximately one (1) month after all supplied systems have been commissioned with all present service rate escalations included in the proposal.

Standby Power System Equipment – Corporation Yard
16233A-5
Foster City/EMID
CIP 405-755
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1.05 MANDATORY REGULATORY REQUIREMENTS FOR STANDBY POWER SYSTEM

DESIGN AND SUPPLIER
A. Manufacturer shall furnish for the engine CARB-certification, or EPA-certification (Tier 4).

B. Manufacturer shall furnish for the engine CARB-certified emissions data, or EPA- certified emissions data, including the following identified pollutants: nitrogen (NOx), hydrocarbon and other organic compounds (POC), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM10).

C. The supplied engine shall be designed for, and operate exclusively with, CARB diesel fuel (see link for diesel specs: https://ww2.arb.ca.gov/sites/default/files/2020- 03/dieselspecs.pdf).

D. The supplied engine shall be designed for, and manufactured with, the most effective emissions control device, or best-available control technology (BACT) meeting the guidelines specified by BAAQMD (see link for determinations:
https://www.baaqmd.gov/~/media/files/engineering/bact-tbact- workshop/combustion/96-1-5.pdf?la=en).

E. The supplied engine shall meet the requirements of BAAQMD Regulation 6-1-303 for visible emissions limitations.

F. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-301 for sulfur dioxide emissions limitations at ground level.

G. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-304 for allowable engine fuel requirements.

1.06 SUBMITTALS
A. Provide submittals in electronic Adobe .pdf format. Each submittal shall be combined into an organized, bookmarked, single .pdf file, printable by the District.

B. The new generator, sub-base fuel storage tank, generator enclosure, DECS equipment and load bank shall all be included in a single, organized, tabbed submittal, arranged with cohesive continuation references between various supplied system equipment and components.

C. Provide a .pdf tab labeled “Notes to Reviewer” that states any exceptions, clarifications or requests for information from the District.

D. Provide a comprehensive, itemized bill of material that matches all product data and information included for all each supplied standby power generator system and automatic transfer switch equipment..

E. Partial submittals, poorly organized submittals without bookmarks keyed to bill of material entries or unsearchable submittals shall be rejected without review.

F. Provide customized electrical interconnection diagrams for all supplied equipment and systems. Submittal of “generic” electrical interconnection diagrams which are Standby Power System Equipment – Corporation Yard
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not specific to this scope of supply shall be rejected without review. Customized electrical interconnection diagrams shall include the following minimum information:

1. Depiction of all field-routed conductors that are connected to equipment provided under this scope of supply and provided by Others. Field wiring shall be depicted utilizing dashed lines.

2. Specific, unique terminal block numbers for each field conductor termination point included with equipment provided under this scope of supply.

3. Recommended size of each power and control conductor indicated on the electrical interconnection diagrams that shall be provided by Others.

4. Upstream voltage, phase and ampere rating required for each external power supply required for equipment provided under this scope of supply (e.g. generator block heater, generator battery charger, DECS equipment, etc.).

G. Submittal General Requirements:

1. Generator fabrication schedule, including anticipated factory acceptance testing dates and equipment delivery date to the project site relative to final acceptance of all submittal information.

2. Safety data sheet (SDS) for lubricant, touch-up paint, and any other chemicals supplied on this project.

3. Itemized bill of material.

4. Itemized list of extra materials furnished specifically for this project, including quantities, description, and part numbers.

5. Manufacturer’s renewal parts literature and cost quotation for one year’s recommended spare parts and special tools for all equipment.

6. Contact information for the Supplier’s representative(s) that shall be conducting manufacturers’ field services, site tests, and on-site inspections.

7. Warranty.

8. Maintenance contract: Submit options for standby generator system maintenance agreement to provide periodic routine, periodic onsite maintenance and on-call services to address equipment issues. Submittal shall clearly define proposed services, frequency of services, on-call maximum response times based upon the equipment installation location(s) and cost information for maintenance agreement. District shall review submitted information for consideration of entering into a maintenance agreement with the standby generator equipment supplier. A maintenance agreement is not included as part of this package of supply and any agreement for maintenance shall be separate from the specified scope of supply contained herein.

H. Quality Assurance Submittal Information:

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1. Prototype testing results: Certification of the following prototype test results:
a. Use design prototypes similar to the equipment specified in this Section for testing, not the actual, supplied equipment.
b. Minimum prototype testing requirements:
1) In accordance with NFPA 110.
2) Maximum power in kW.
3) Maximum starting kilovolt-ampere at 35 percent instantaneous voltage dip.
4) Alternator temperature rise by embedded detector
5) Governor speed regulation under steady state and transient conditions.
6) Fuel consumption at 25 percent, 50 percent, 75 percent, and 100 percent load.
7) Harmonic analysis, voltage waveform deviation, and telephone influence factor.
8) Cooling airflow rate.
9) Torsional analysis testing to verify that the generator set is free of harmful torsional stresses.
10) Endurance testing.

I. Emissions:

1. Certification of EPA and BAAQMD compliance for a Tier 4 standby power system including verification of compliance of requirements specified herein.

2. Other exhaust characteristics and emissions limitations as required by BAAQMD for the supplied standby power system.

J. Certifications:

1. Certification of the emissions performance of the engine by the engine manufacturer. Include the EPA certificate of conformity with the Clean Air Act for the model year and engine family of the engine specified in this Section.

2. Certified torsional vibration analysis between the engine and generator as required by NFPA 110, 5.6.10.2.

3. Seismic qualification certification:
a. Seismic qualification certification for the overall diesel engine-driven generator set, fuel storage base tank, standby generator enclosure, engine starting batteries and battery rack, accessories, and factory- supplied components, in accordance with the seismic design parameters listed in Article 1.06 – Quality Assurance.

4. Certification of equipment by Underwriters Laboratory (UL) or other equivalent nationally recognized independent testing laboratory.

5. Factory certification of the radiator capacity at the specified ambient conditions.

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6. Certified production test reports for battery chargers.

7. Upon completion of installation of the standby power system, the Supplier shall issue a certification of compliance for the system installation performed by Others following an on-site inspection by supplier’s field technical personnel.

This certification shall confirm that the equipment installation performed by Others has been properly installed for all supplied systems and that the standby power system is ready for final commissioning and acceptance.

K. Shop Drawings:

1. Provide detailed dimensional and to-scale plan and section drawings for the proposed skid-mounted generator system that includes the following minimum information:
a. Length, width and height dimensions, stated in inches for fully-assembled fuel storage base tank, generator equipment skid and generator enclosure.
b. Dry and wet weights, in pounds, of complete, assembled standby power system package that includes skid-mounted fuel storage base tank, generator equipment skid and outdoor enclosure.
c. Provide a rigging diagram that indicates the location and lifting capacity of each lifting attachment and center of gravity for fuel storage base tank, generator equipment skid and generator enclosure.
d. Electrical conduit stub-up and equipment entry locations. e. Piping and instrumentation diagrams (P&IDs).

2. Electrical Drawings: In addition to customized interconnection diagrams specified herein, the following system-specific electrical drawings shall be submitted for review:
a. AC schematic diagrams.
b. DC schematic diagrams.
c. Communications diagram.
d. Engine control schematic diagrams.
e. Supplied standby power system package wiring diagrams.

L. Engine:

1. Number of cylinders, bore, stroke, and piston speed.

2. Displacement in cubic inches.

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3. 4.

5. 6.

7. 8.

9. Compression ratio.

Engine RPM at 60 hertz.

Combustion air flow rate required.

Cooling air flow rate required.

Size of exhaust outlet.

Exhaust flow rate and temperature at full rated load.

Gauges, including description of value indicated and indicating ranges and units.

10. Jacket water heater quantity, power consumption per unit, and voltage and phase (i.e., single or three-phase) for each unit.

11. Type and grade of fuel oil recommended.

12. Fuel oil consumption at 25 percent, 50 percent, 75 percent and 100 percent of rated engine-generator system nameplate maximum power output.

13. Type and grade lubricating oil recommended.

14. Amount of lubricating oil required per oil change.

15. Normal lubricating oil consumption rate.

16. Recommended lubricating oil change periods stated in both runtime hours and calendar days.

17. Time interval from start-up contact closure until full load capabilities are available.

18. Engine-generator system acceptable ambient temperature operating range.

M. Governor: Manufacturer, model, and engine speed governing accuracy.

N. Radiator information.

O. Emissions:

1. After installation and start up of the new standby power system, the District shall retain the services of an independent, certified, source testing firm for the performance an emissions source test on the standby power system using methods as required by BAAQMD Authority to Construct. The retained firm shall perform this testing and shall comply with all related requirements, including test methods, time periods, and reporting. The supplier scope of Standby Power System Equipment – Corporation Yard
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supply shall include all costs required for making on-site modifications and adjustments to the complete, installed, operating standby power system for compliance with the BAAQMD requirements until acceptable testing results are obtained by the District’s retained testing firm.

2. Emission testing data shall be gathered at rated speed and load as measured by Society of Automotive Engineers (SAE) J177 and J215 or International Organization for Standardization (ISO) 8178 recommended practices.

P. Silencer:

1. 2.

Silencer grade, overall dimensions and weight.

Silencer noise attenuation curves.

3. Supplier shall provide all necessary information and data including, but not limited to, piping, fittings, silencer, and rain cap.

4. 5.

Exhaust system loss calculations.

Free field mechanical noise level at 23 feet. Provide overall decibels (dBA) referenced to 20 µPa.

6. Exhaust sound level in dBA 5 feet from the discharge end of silencer.

Q. Synchronous Generator:

1. 2.

Maximum rated kilowatt (kW) output.

Maximum rated kilovolt-ampere (kVA) output and power factor.

Rated voltage and phase.3.

4. 5.

6. 7.

8. Maximum rated output current.

Number of poles and synchronous speed.

Number of leads and wires per lead.

Winding pitch.

Stator and field ratings including temperature rise at full and overload conditions.

9. Insulation system: include insulation class, stator temperature rise, rotor temperature rise, heat dissipation (kW), and required air flow (m3/min).

10. Impedances (provide in per unit with base values or in ohms):
a. Stator winding (armature) resistance (R a).

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b. Field winding resistance.
c. Synchronous reactance - direct axis (X d).
d. Synchronous reactance - quadrature axis (X q).
e. Transient reactance – direct saturated (X' ds).
f. Subtransient reactance - direct axis (X'' d).
g. Subtransient reactance - quadrature axis (X'' q).
h. Negative sequence reactance (X 2).
i. Zero sequence reactance (X0).

11. Time Constants:
a. Open circuit transient – direct axis (T' d0).
b. Short circuit transient – direct axis (T' d).
c. Open circuit subtransient – direct axis (T" d0).
d. Short circuit subtransient – direct axis (T" d).
e. Open circuit subtransient – quadrature axis (T" q0). f. Short circuit subtransient – quadrature axis (T" q). g. Exciter time constant (T e).
h. Armature short circuit (T a).

12. Short circuit ratio of the field current required for rated open circuit voltage to the field current required for rated short-circuit current.

13. Generator excitation voltage and excitation current at no load and full load.

14. Generator overtemperature protection: Per equipment manufacturer’s recommendations with corresponding shutdown alarm for generator overtemperature.

15. Generator center of gravity, stator weight, rotor weight, rotor balance, and overspeed capacity.

16. Generator torsional data model including the coupling and fan, generator rotor, and exciter end.

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17. I 2t or K (heating time constant).

18. Voltage and frequency variation and duration with load step application and removal of 25 percent, 50 percent, 75 percent, and 100 percent of resistive load based on maximum kW rating.

19. Generator efficiency at 25 percent, 50 percent, 75 percent, and 100 percent of load based on maximum kW rating.

20. Capability Curves:
a. Motor starting capability – percent voltage dip versus starting kVA. b. Current decrement curves for an instantaneous three-phase fault, instantaneous line-line fault, and instantaneous line-neutral fault. c. Open circuit curve – line-line voltage versus field current. d. Short circuit curve – armature current versus field current. e. Zero power factor curve – line-line voltage versus field current. f. Air gap curve – line-line voltage versus field current. g. Reactive capability curve operating chart – kW versus kVAR showing leading and lagging quadrants and engine limit line.
h. Short-time overload curve – percent rated armature current versus time for Class H insulation.
i. Certified published engine horsepower curves showing manufacturer's engine rating for generator set standby and prime power application.

21. Anti-condensation space heater kilowatt, voltage, and phase requirements for all anti-condensation space heaters supplied (e.g. generator space heater(s), battery system space heater(s), block heater(s), etc.).

R. Voltage Regulator: Manufacturer, model, and generator voltage regulating accuracy.

S. Generator equipment skid-mounted local controls/control panel:

1. 2.

Control panel dimensions, conduit entry details, and NEMA rating.

Generator monitoring and protection features.

3. 4.

Engine monitoring and protection features.

Control features.

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5. 6.

7. Signal input/output (I/O) provisions.

Communications provisions.

Modbus register map.

T. Skid-mounted generator batteries and associated battery charger:

1. Include battery charger maximum power requirement, supply voltage and phase, and physical dimensions of batteries and charger proposed.

2. 3.

4. 5.

Batteries and accessories.

Battery rack.

Battery charger and accessories.

Spill containment systems.

U. Testing:

1. 2.

Manufacturer’s test procedures, checklists, and test forms.

Certified factory test reports for:
a. Engine-generator set.
b. Battery charger.
c. Engine-generator factory testing:
1) 0.8 pf generator set test report, tested at full load and no load. 2) Alternator test sheet.
3) Static, transient, and 8-hour load test report.
d. The corrective item punch list developed during factory testing with a point-by-point description of how each punch list comment was addressed.

3. Following complete installation of the supplied standby power system by Others, supplier’s field technician(s) shall provide the following on-site testing services to provide certified field test reports:
a. Alignment and end play.
b. Load tests with the supplied resistive load bank.
c. Vibration tests.

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d. Engine backpressure test.
e. Integrated standby power system tests to confirm proper standby power system functional operation with the Corp Yard power distribution system.

V. Product data and system integration information for the equipment and components which comprise the diesel emissions control system (DECS) and the associated field installation and connection to the supplied standby generator equipment.

Required information includes, but is not limited to, the following:

1. 2.

Converter housing shop drawings.

Monitoring system.

3. 4.

5. General DECS equipment and component arrangement within the generator enclosure including dimensions.

Electrical and mechanical interconnection diagrams for connection of the DECS equipment and components to the standby generator equipment.

Manufacturer’s emissions and performance data showing input emissions (from engine) and output emissions (from catalyst system) for all targeted emissions, including pressure drop and urea consumption rates at full-rated output of the standby generator.

6. DECS system performance data sheet indicating guaranteed exhaust emission data that is in compliance with BAAQMD requirements at 100% generator loading for the following:
a. Nitrogen Oxide (NO x).
b. Carbon Monoxide (CO).
c. Non Methane, Non Ethane Hydrocarbons (NMNEHC).
d. Formaldehyde (CH 2O).
e. Ammonia (NH 3) slip.
f. Particulate Matter (PM).

W. Resistive Load Bank:

1. 2.

Product data indicating specific model number and features proposed.

Operating voltage, phase and kW rating.

Local and remote control features.

Electrical interconnection diagrams.

3. 4.

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X. Operation and Maintenance (O&M) Manuals: General format and configuration of O&M manuals shall comply with the following:

1. A minimum of four (4) weeks prior to delivery of the new standby system equipment to the project site, Supplier shall submit O&M manual information for review.

2. O&M manuals shall be submitted for review in electronic .pdf format. After District acceptance of O&M manuals, final O&M manuals shall be submitted in both electronic .pdf format along with four (4) hardcopy sets of manuals, provided in three-ring binders.

3. O&M manuals shall include the following minimum information:
a. Operating instructions and a maintenance manual presenting full details for care and maintenance of all equipment comprising the complete standby power system.
b. Detail the operational functions of all standby power system controls, indicators and alarms.
c. Include standard equipment operational manuals normally furnished by the manufacturer to supplement the customized operational instructions and information specific to this project’s scope of supply. d. Installation guidelines for the DECS converter housing, catalyst, filter and control system.

4. Maintenance Manual:
a. Instructions covering all details pertaining to care and maintenance of all supplied standby power system equipment as well as data identifying all parts.
b. These manuals shall include, but are not limited to, the following:
1) Adjustment and test instructions covering the steps involved in the initial test, adjustment, and start-up procedures.
2) Detailed control instructions, which outline the purpose and operation of every control device used in conjunction with operating the standby power system.
3) Complete set of “As Built” custom electrical and mechanical integration shop drawings in AutoCAD 2016 format.
4) Provide two (2) shop manuals to the District that are identical to the manuals used by manufacturer-authorized shop repair personnel. At minimum, provide shop manuals for the supplied engine, radiator, generator and engine-generator local controls/control panel.

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Y. Training plan and schedule: Include a minimum of two (2) on-site training sessions by supplier’s technical field personnel to occur on non-consecutive days. Each training session shall include the complete supplied standby power system equipment including the standby generator, DECS equipment and load bank equipment.

Z. Automatic Transfer Switch Submittals: As specified in paragraph 2.15 herein.

1.07 QUALITY ASSURANCE
A. A single supplier shall provide all equipment and components which comprise the standby power system scope of supply specified herein.

B. Standby generator manufacturer shall have a minimum of 25 years of experience in the manufacture and production of 480V diesel engine-driven standby generator equipment with no less than ten (10) similar generator units that are in operation that have been installed within the last five (5) years.

C. Supplier shall have no less than ten (10) similar rated (i.e. 1,000 kW to 2,000 kW) generator units that are in operation that have been installed within the last five (5) years which include the proposed diesel emissions control system (DECS) configuration for overall standby power system compliance with EPA Tier 4 and BAAQMD requirements.

D. Generator set shall be manufactured to the applicable specifications on file with UL and labeled with the UL 2200 mark.

E. To the maximum extent possible, all electrical components, devices, and accessories shall be listed or labeled by Underwriters Laboratories or other equivalent nationally recognized testing laboratory.

F. Seismically Qualified Equipment:

1. 2.

Provide certification that the diesel engine-driven generator is seismically qualified by an approved shake table testing report following the requirements in Section 13.2 of ASCE 7-16.

The skid-mounted battery rack shall be qualified for use in high seismic loading as defined in IEEE Std 693-2005 (i.e., “IEEE-693 High”), for in-service installation anchored in accordance with the supplier’s accepted seismic anchorage calculations.

1.08 DELIVERY, STORAGE AND HANDLING
A. Standby power system supplier shall be responsible for the transport and delivery of all system equipment and components to the following location:

Foster City Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404
District Contact Information:

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Frank Schoening
Phone: (650) 286-3550
B. Delivery by the system equipment supplier shall include provisions which facilitate offloading the standby power equipment from the delivery truck to on-site location as specified herein. Supplier shall be responsible for coordinating all delivery scheduling, hoisting equipment recommendations and recommended personnel required at the delivery site for offloading of the standby power system equipment with the District as specified herein and as required.

C. Equipment shall not be shipped to the site until:

1. 2.

Certified factory test reports, including the corrective item punchlist developed during the factory demonstration test, have been approved by the District or The District inspector authorizes release for shipping at the factory demonstration test.

D. The Supplier shall schedule and coordinate off-loading of the standby power system equipment at the project site with the District for each delivery date required to encompass complete delivery of all system equipment and components:

1. 2.

3. Lifting equipment required for offloading equipment at the project site shall be provided by Others based upon recommendations provided by the equipment supplier as specified herein.

Furnish all standby power system equipment with removable lifting and jacking angles, eyebolts, etc., attached to equipment structural framing and/or bases to facilitate unloading and move-in operations.

Include provisions on equipment skids for the use of "Multiton" type rollers for moving the equipment skid into position and then removal of the "Multiton" rollers for setting the equipment skid in place.

E. Ship equipment, material, and spare parts complete except where partial disassembly is required for transportation or for protection of components.

F. The Supplier shall protect and securely pack the equipment for the environmental conditions during transit to the jobsite.

G. Ship the packaged diesel-engine driven generator as complete as possible, with the latest revision of the bill of material. Minimize the number of components removed for shipping or sent loose for field reassembly.

1.09 PROJECT CONDITIONS
A. Ambient Temperature: -15 degrees Celsius to 50 degrees Celsius.

B. Relative Humidity: 0 to 95 percent.

C. Altitude: Sea level.

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1.10 SEQUENCING
A. Complete factory prototype and factory production tests in accordance with NFPA 110 before shipping the equipment to the project site.

B. Supplier shall coordinate with the District for delivery date(s) for each specific date that a portion of the standby power system equipment is planned for delivery to the project site no less than eight (8) weeks prior to planned delivery date. Final delivery date(s) shall be mutually agreed upon between the supplier and the District before delivery date(s) are finalized.

1.11 WARRANTY
A. Provide minimum five (5) year system supplier’s warranty valid from date of final acceptance by the District. Final acceptance shall occur after final installation is completed by the District’s installation Contractor and the complete standby power system successfully passes an on-site acceptance test in accordance with NFPA 110, 7.13, operated in conjunction with the Corp Yard power distribution system and Corp Yard control system. The supplier shall assume that Final Acceptance of the system shall occur within six (6) months after delivery of all standby power system equipment and components to the project site.

B. The warranty shall include all repair parts, labor, travel expenses of manufacturer’s technician to the installation site, and expendables (i.e., lubricating oils, filters, antifreeze and other service items made unusable by the defect).

C. Base the warranty on 500 hours of run time per year.

D. The warranty shall include a manufacturer-supplied, temporary, portable standby generator unit and associated temporary interconnection cabling to serve as a temporary standby generator unit should warranty period repairs require more than 48 hours to accomplish. Temporary generator rating shall match that for the supplied new standby generator equipment. Supplier shall be responsible for all costs including mobilization of the equipment to and from the project site and all labor and materials required to connect the temporary generator to the Corp Yard power and control systems.

1.12 COMMISSIONING
A. The supplier shall provide on-site services of technical installation and start-up personnel that are certified by the specific equipment manufacturer for the installation, pre-startup inspection, initial start-up and commissioning of all new standby power system equipment and components.

B. The supplier shall provide written certification that the complete standby power system has been successfully commissioned and is ready to be placed into normal operation once all on-site commissioning tasks have been successfully completed and all corrective punchlist items have been addressed and resolved.

1.13 TRAINING
A. Each training session specified herein shall be organized as follows:

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1. 2.

Introduction:
a. Single-line diagram overview to familiarize participants with the facility’s electrical distribution system.
b. P&ID drawing overview to familiarize participants with the fuel storage, supply, and return system.

Review of the O&M Manual:
a. Overview of each binder section in the O&M manual.
b. Key drawings that indicate power flow, overall switchgear arrangement, and switchgear control.
c. Include discussion of how and where to order renewal parts, procedures for initiating warranty work, and manufacturer contact information.

3. Classroom training topics:
a. Discussion of diesel engine-driven generator components and their functions.
b. Safety precautions.
c. Operation.
d. Inspection and maintenance.
e. Cleaning and lubrication.
f. Fluid recommendations.
g. Procedures for proper storage for the engine and the generator during periods when the engine-driven generator set is out of operation for extended periods.
h. Precautions for operation at partial load.
i. Troubleshooting guide, with specific trouble item, possible causes, and suggested corrective actions.

4. Hands-on exercises:
a. Visually identify engine-driven generator components and understand their functions.
b. Demonstrate engine control panel use, including manually starting the engine, menu navigation, fault acknowledgment, and emergency stop. c. Demonstrate battery charger control panel use, including menu navigation and fault acknowledgment.

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d. Demonstrate how to change air, fuel, and oil filters. e. Demonstrate how to relieve pressure from fuel and oil lines prior to maintenance.
f. Demonstrate procedures for initial startup after a period of non-operation. g. Demonstrate each of the manufacturer’s recommended daily, weekly, every 300 service hours, every 6 months, and every year maintenance activities described in the O&M manual.

1.14 MAINTENANCE
A. Extra materials:

1. 2.

3. Box or package extra materials for long-term storage. Identify each item with manufacturer’s name, description and part number on the exterior of the package.

Provide specialty tools necessary for routine maintenance of the equipment.

Special tools are those that only the manufacturer provides, for special purposes, or to reach otherwise inaccessible parts.

Furnish the following extra materials:
a. Three sets of lube oil filters, fuel oil filters, and gaskets. b. Two sets of air filters.
c. Two fuses (for each control and power circuit).
d. One set of crankcase breather filters, when used.
e. Generator manufacturer’s PC-based software for connection to the engine-mounted control panel.

PART 2

2.01 MANUFACTURERS
A. The following list of manufacturers is based on general capability of a single

PRODUCTS
supplier to manufacture and supply engine-generator, diesel emissions control system and load bank equipment and components to provide an EPA Tier 4 and BAAQMD compliant standby power system as a custom-integrated, complete system. This list makes no statement as to the capability of the listed manufacturers to meet the Contract Document requirements. The burden of proof of conformance with the Contract Documents lies with the Supplier. Custom- integrated, complete standby power system shall be supplied by one of the following:

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1. 2.

3. Kohler.

Caterpillar.

Cummins.

2.02 ENGINE GENERATOR EQUIPMENT
A. Characteristics of assembled skid-mounted engine-generator unit provided:

1. 2.

3. Engine-driven generator consists of a diesel engine directly coupled to an electric generator providing electric power.

Each engine shall start, attain full speed, voltage, and assume full load within a maximum of 10 seconds, with jacket water at 85 degrees Fahrenheit.

Furnish each engine-driven generator on a steel sub-base to support engine, generator and accessories as a single unit:
a. Base: Welded construction.
b. Engine direct connected through a flexible coupling to a single bearing generator.
c. System free of injurious torsional and bending vibrations within a speed range from 10 percent below to 10 percent above synchronous speed. d. Engine-driven generator balanced such that the peak-to-peak amplitude of vibration velocity in any direction does not exceed the engine or generator manufacturer's published limits.
e. If shims are required under the feet of the generator for alignment purposes, use 1-piece laminated shim stock that covers at least 90 percent of the foot.
f. Supply a complete assembled engine-driven generator skid requiring only field electrical and mechanical connections.

4. Connections to engine-driven generator skid:
a. Flexible connections are required on all connections to the engine generator.
b. Flexible connections include but are not limited to:
1) Exhaust.
2) Fuel lines.
3) Radiator discharge air ductwork.

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c. The length of all flexible connections to exceed the flexible connector manufacturer’s minimum length recommendations for the diameter used and for the misalignment as measured after installation.

B. Generator system performance requirements:

1. Standby power output ratings:
a. 1,000 kilowatts, minimum.
b. 480/277 volts.
c. 0.8 power factor.
d. 3-phase, 4-wire, 60 hertz.
e. In accordance with NEMA MG-1 temperature rise limits.

C. Engine Requirements:

1. 2.

3. 4.

5. 6.

Engine Type: 4-Stroke Cycle, turbocharged, intercooled.

Maximum Rotational Speed: 1,800 rpm.

Minimum Piston Displacement: 1,648 cubic inches.

Main Bearings: Minimum of five, replaceable insert type.

Cooling: Liquid cooled with engine driven coolant pump.

Fuel Type: Meet specifications when operating on Number 2 diesel fuel oils meeting the requirements of the BAAQMD; engines requiring premium fuels shall not be considered.

7. Emissions: Meet the requirements of EPA Tier 4 and BAAQMD when operated in conjunction with the supplied diesel emissions control system (DECS).

8. Air filters: Replaceable dry element type with dirty condition differential pressure indicator.

9. Lube oil filters: Cartridge type.

D. Governor: Electronic, digital type to regulate engine speed within 0.25 percent at any constant load from no load to full load.

E. Generator Requirements:

1. 2.

3. Type: Synchronous, 4-pole, rotating field.

Exciter Type: Brushless, permanent magnet.

Leads: Quantity of twelve (12), re-connectable.

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4. 5.

6. Insulation: Class H, 130 degrees Celsius temperature rise per NEMA MG1.

Bearing: Sealed type.

Coupling: Flexible disc.

7. Amortisseur Windings: Full.

8. 9.

Voltage Regulation: +2% average, no-load to full-load.

One-Step Load Acceptance: 100% of rating.

10. Unbalanced Load Capability: 100% of rated standby current.

11. NEMA MG1, IEEE, and ANSI Standards compliance for temperature rise and motor starting.

12. Capable of sustained short circuit current up to 300% of rated current for 10 seconds.

13. Self-ventilated, drip-proof construction.

14. Vacuum impregnated windings with fungus-resistant epoxy varnish.

2.03 COOLING SYSTEM
A. Liquid-cooled, rated for continuous operation with a maximum ambient temperature of 50 degrees Celsius.

B. Engine-driven fan.

C. Radiator: Mounted on the engine skid.

D. Coolant Solution: Provide solution of 50 percent ethylene glycol and softened water; add chemical water conditioner as recommended by the engine manufacturer.

E. Jacket Water Heater: Sized to maintain engine jacket water to 90 degrees Fahrenheit for an ambient temperature of 0 degrees Celsius.

F. Radiator Hoses: Provide premium, oil resistant hoses of Viton or silicone rubber carcass with reinforcing fabric; assembly to be suitable for a minimum service temperature of 250 degrees Fahrenheit.

2.04 FUEL SYSTEM
A. Subbase Fuel Tank: Provide a subbase fuel tank meeting the following:

1. 2.

Provide UL listed tank with secondary containment rupture basin.

Construction: Reinforced steel channel system with minimum thickness of 7 gauge for channels and 12 gauge for tank construction.

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3. 4.

Provide tank baffle to separate hot fuel return from cooler supply fuel.

Provide the following connections:
a. 1.25 inch minimum vent; CONTRACTOR to pipe vent to outside any room or enclosure containing the generator set; use schedule 40 black steel pipe for vent.
b. 2 inch minimum fill connection.
c. 2 inch minimum fuel storage level gauge.
d. 1.25 inch minimum low fuel level alarm; provide level switch and connect to control panel.
e. 0.5 inch minimum fuel supply with dip tube.
f. 0.5 inch minimum fuel return with dip tube.

5. 6.

7. Provide rupture basin level switch and alarm.

Provide interior coating system as recommended by the manufacturer.

Provide exterior coating as recommended by the manufacturer.

B. Fuel Filters: Size filters for 10 percent above the engine fuel pump capacity:

1. 2.

3. Provide water/fuel separator.

Provide primary fuel filter.

Provide secondary fuel filter.

C. Engine Fuel Pump: Provide engine-driven fuel pump.

D. Minimum Subbase Fuel Tank Storage Capacity: 3,426 gallons.

2.05 EXHAUST SYSTEM
A. Exhaust Piping:

1. Type: Schedule 40 high temperature black steel pipe conforming to ASTM A106.

2. Drainage: Slope piping to a drain point and provide drain plug.

B. Exhaust Expansion Joints:

1. Type: Metal with convoluted portion of 0.038 inch thick Type 321 stainless steel; non-convoluted portions of expansion joint to be Type 304 stainless steel, Schedule 10S pipe; provide flanged ends with ASME B16.5, Class 150 bolt hole drilling.

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2. 3.

Length: Minimum of 18 inches in length.

Movement: Rated for a minimum of 1 inch lateral movement, and 1/2 inch axial movement; rated movement defined as plus or minus travel from neutral or free position.

4. 5.

Design Life: Infinite cycle life with 1,200 degrees Fahrenheit exhaust, no insulation over the expansion joint, and continuous duty service.

Insulation: Insulate expansion joints with custom fitted, removable with reusable fastening system, ceramic fiber insulation blankets enclosed between inner and outer high temperature fabric cover rated for 1,200 degrees Fahrenheit continuous duty; do not insulate expansion joints directly connected to turbocharger outlet.

C. Exhaust Silencer:

1. Type: Heavy duty industrial type fabricated of welded steel with ported tubes and snubbing chambers, and a rating meeting the specified sound attenuation.

2. 3.

End Connections: Steel flanges with Class 150 pound drilling pattern.

Shell: Sufficiently heavy and reinforced to eliminate excessive vibration, stress or deflection and to support all operating loads with the silencer at elevated temperatures and insulated as specified; loads include insulation weight and connecting piping.

4. 5.

Drain: Provide threaded, plugged condensate drain.

Sound Attenuation: Attain the following minimum sound attenuation at the listed octave band center frequencies with the engine at full load:

Frequency (Hz) 63 125 250 500 1,000 2,000 4,000 8,000
39 42 42 40 38 38 38 38Attenuation (dB)

2.06 WEATHERPROOF ACOUSTICAL HOUSING
A. Type: Provide aluminum walk-in type engine-generator enclosure to protect engine, generator, starting system, batteries and other specified accessories from weather exposure. Enclosure shall meet specified seismic criteria and wind gusts up to 100 mph.

B. Enclosure shall be designed to allow easy maintenance and fitted with 316 stainless steel lockable latches, hinges and door hardware.

C. Finishing: Enclosure shall be provided with manufacturer’s recommended highest quality available coating option for usage in locations subject to sea air.

D. Noise Reduction: Provide acoustical insulation and acoustical enclosure ventilation louvers and fan discharge silencers as necessary to achieve a maximum measured Standby Power System Equipment – Corporation Yard
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sound pressure level (dBA) of 70 dBA when measured at 23 feet from the enclosure; protect acoustical insulation with perforated metal covers and plastic bagging to prevent damage from abrasion or weather elements.

E. Provide interior of enclosure with 480-120/240V step-down transformer, 120/240V panelboard, LED lighting, lighting switches and GFCI receptacles. Step-down transformer shall be supplied from the Corp Yard power distribution system with connections between step-down transformer and Corp Yard provided by Others.

F. Two (2) lockable personnel doors with panic release.

2.07 ENGINE – GENERATOR CONTROL SYSTEM
A. Manufacturer: Control system shall be generator system manufacturer’s recommended standard, mounted within interior of engine generator weatherproof enclosure.

B. Switches, Alarms and Monitors: Provisions for external, hardwired signal connections for automatic starting/stopping and minimum of ten (10) dry contacts for remote alarm and status signals related to the engine generator system. Three (3) of the ten (10) programmable dry contacts shall be factory-programmed for the following remote signal connections to the pump station control system:

1. Generator Running indication.

2. Generator Failure alarm.

3. Low Fuel Level alarm.

4. Generator Ready (In Auto) indication.

C. Remote starting and of the standby power system generator shall be provided from the new, supplied Corp Yard automatic transfer switch (ATS) via a normally-open dry contact located at the ATS. When the standby power system is in the “Automatic” mode, closure of the normally-open, remote ATS contact shall start the generator and it shall continuously operate until the remote ATS contact opens.

Upon opening, the generator shall enter cool-down mode.

D. Fuel level (high and low level), fuel level indication (in gallons) and fuel tank leak alarm shall be factory-wired to the manufacturer’s control panel with the capability to program the remote dry contacts for the alarm signals.

E. Control panel shall be provided with Ethernet communication provisions for transmission of programmed status and alarm signals to the District’s remote SCADA system via the Ethernet communication. A Modbus TCP/IP to Ethernet IP converter shall be provided as required within the generator control panel. Specific alarm and indication signals transmitted via the Ethernet communication shall be as directed by the District during the initial configuration, start-up and commissioning of the supplied standby power system.

F. On-Board Circuit Breaker: Provide generator with a main line, skid-mounted molded-case circuit breaker, 3-phase, 480 volts, 100% rated, rated 65kAIC minimum with continuous ampacity rating as recommended by the Supplier for Standby Power System Equipment – Corporation Yard
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continuous, full-load operation of the engine generator unit. Circuit breaker shall be provided with an electronic trip unit with long-time and short-time field-adjustable settings.

2.08 STANDBY POWER SYSTEM OPERATION
A. Provide control devices and logic to sequentially start, operate, control, test, and stop the generator system as described. Coordinate control system design so that upon receipt of a remote, hardwired “Run” command from the District’s facilities (i.e. normally-open dry contact held closed when “Run” signal is activated), power is automatically supplied by the generator and upon loss of the remote “Run” signal, the generator system shall automatically enter its cool-down mode and shut down upon expiration of cool-down.

B. Engine Start Sequence:

1. Engine shall not start if any of the safety shutdown circuits have been tripped and not cleared and reset.

2. Automatic Engine Start Sequence:
a. Initiated by a remote signal from the Corp Yard facilities. b. Starter Motor: Automatically crank the engine for adjustable times.

C. Emergency Shutdown Sequence: Engine shall shutdown immediately if the emergency stop button is activated, or any of the specified shutdowns activate.

D. Normal Shutdown Sequence: Local “Stop” signal or loss of remote “Run” signal shall cause the engine to run unloaded for an adjustable cool-down period and then stop.

2.09 STANDBY GENERATOR EQUIPMENT SKID
A. Skid Requirements: Mount the engine, generator, radiator and specified accessories on a common heavy-duty fabricated steel skid.

B. Skid Construction: Fabricated steel skid to consist of a rigid welded frame of wide flange members or rails on each side.

C. Vibration Isolators: Mount skid on spring or rubber-type isolators having telescopic top and bottom housing with vertical stabilizers to resist lateral and vertical forces.

1. Isolator Construction: Shatterproof ductile iron in accordance with ASTM A 536, Grade CS-45-12.

2.10 ACCESSORIES
A. Starting System: Provide 24 volt direct current electric starting system with positive engagement drive.

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1. 2.

Batteries: Provide a 24 volt absorbent glass mat (AGM) battery set of the heavy-duty diesel starting type; sufficient capacity for a minimum of 120 seconds total cranking time without recharging.

Battery Rack: Provide a battery rack with necessary cables and clamps; provide a cover constructed of aluminum angles and mesh to prevent dropped items from touching the battery poles; provide latches to allow quick removal of the cover from the rack.

3. Battery Charger: Provide UL approved current limiting battery charger to automatically recharge the batteries:
a. Charger to float at 2.17 volts per cell and equalize at 2.33 volts per cell. b. Provide charger overload protection.
c. Charger to have silicon diode full wave rectifier, voltage surge suppressors, direct current ammeter, direct current voltmeter and fused alternating current input.
d. Amperage Output: Not less than 10 amperes.

B. Guards: Provide equipment guards as recommended by the Supplier.

C. Crankcase Breather Filter:

1. 2.

Provide crankcase ventilation system with coalescing filter/trap for blowby; coalescing filter to be replaceable.

When engine manufacturer recommends an open crankcase breather system route outlet of breather filter to outside at 3 inches above grade and away from engine components; provide on breather outlet Nelson "EcoVent" or equal, sized to match engine breather flow.

3. When engine manufacturer recommends a closed crankcase breather system provide integral crankcase pressure regulator with an automatic internal filter bypass and bypass indicator; unit to be Racor Model CCV 4500 or equal.

2.11 DIESEL EMISSIONS CONTROL SYSTEM (DECS)
A. The supplied standby power system shall be furnished with a catalytic reduction system to reduce engine exhaust emissions in compliance with EPA Tier 4 and BAAQMD requirements. The supplied system shall meet the limits required for the power rating of the engine at 100% load.

B. Catalytic Reduction Systems for Engine Exhaust: Provide integrated passive diesel particulate filter (DPF), diesel oxidation catalyst (DOC) and selective catalytic reduction (SCR) system by the following manufacturer or equal:

1. 2.

3. Miratech.

Johnson Matthey.

Safety Power.

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C. General: The scope of supply shall include all required equipment and components connected to the supplied engine-generator equipment.

D. Housing:

1. Designed to contain a complete DPF/DOC/SCR integrated catalyst reactor housing with racks/tracks for DPF, SCR, and DOC catalyst material to meet PM, NOx, CO, and VOC performance specifications. The housing shall be a rigid structure, which will not warp or deform significantly during normal operation.

2. The housing shall be complete with inlet and outlet transition sections designed for bolting to the exhaust gas ductwork. The reactor shall be provided with an integrated mounting base so that the hosing itself is isolated from vibration and can accommodate thermal expansion. Four (4) lifting lugs, two (2) on each side shall be provided for ease of handling.

3. Equipped with access doors to the catalyst. The doors shall be easily removed without the assistance of lifting equipment and be on top or the side of the housing and shall provide access to each layer of catalyst without removal of any adjacent catalyst.

4. 5.

6. Shall be provided with internal catalyst support structure and perforated plates or other flow dispersion method.

Shall provide instrumentation ports for differential pressure and temperature upstream and downstream of the catalyst beds.

The Urea Mixing Section should be fully integrated within the housing and should be of adequate length to achieve proper mixing and hydrolysis. The Mixing Section shall contain the necessary static mixers, flow straighteners, and other devices as specified by the Manufacturer to achieve proper urea hydrolysis and mixing.

E. Passive Diesel Particulate Filter (DPF) Modules:

1. The filter media shall be extruded, porous mullite material blocks with square monolithic channels (honeycomb structure). Each channel shall be plugged on one end only, with adjacent channels plugged on opposite ends, such that flow must pass through the walls between adjacent channels.

2. The blocks shall have a square cross section, so that they can be stacked easily. They shall be approximately 150 mm x 150 mm in cross section and 300 mm in depth.

3. 4.

The blocks shall be coated with a catalyst material to lower the exhaust temperature required for regeneration to 500°F/260°C.

Particulate regeneration shall not be dependent on NOx:PM or NO:NO2 ratios in the exhaust.

F. Diesel Oxidation Catalyst (DOC):

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1. 2.

The DOC substrate shall consist of alternating corrugated layers of stainless steel alloy foil that is layered, stacked and electronically resistant welded. The channels shall provide a high surface area and multiple turbulent zones without causing excessive exhaust back pressure.

The catalytically active materials shall be a precious metal coating on the DOC that is made from a combination of Platinum Group Metals selected by the manufacturer.

3. A single high temperature fiberglass gasket shall be wrapped around the element to seal it within the housing. The top surface of the sealing plate shall be sealed against the door when it is installed.

4. 5.

The catalyst substrate and metal foil shall not sinter or degrade when exposed to exhaust inlet temperature up to 1,250°F (677o C).

To facilitate maintenance, the catalyst(s) must be removable via bolt-on access doors.

G. Selective Catalytic Reduction (SCR) Catalysts:

1. SCR Catalyst shall be extruded, ceramic blocks with square monolithic channels (honeycomb type). The catalyst material shall be mixed into the substrate prior to extrusion. The catalyst material composition shall be tungsten, vanadium, titanium and other base metals. The catalyst shall have a proven track record in similar applications.

2. Shall be shop assembled with a high temperature fiberglass gasket material.

The modules should be approximately 150mm x 150mm in cross section and 150, 300 or 450mm in depth for ease of field installation and removal from the reactor housing.

3. 4.

Shall have a continuous operating range of 572°F to 977°F / 300°C to 530°C.

Shall be designed to minimize SO to SO conversion rate.2 3 H. Ammonia Reduction Catalyst (if required by system manufacturer):

1. 2.

Shall be extruded, ceramic blocks with square monolithic channels (honeycomb type).

Shall be shop assembled with a high temperature fiberglass gasket material.

The modules should be approximately 150mm x 150mm in cross section and 150, 300 or 450mm in depth for ease of field installation and removal from the reactor housing.

3. 4.

Shall have a continuous operating range of 572°F to 977°F / 300°C to 530°C.

Shall reduce the concentration of residual ammonia in the exhaust gas without creation of NOx.

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I. Urea Injection Lance:

1. The urea injection lance shall be constructed of 304 Stainless Steel. It shall be installed via a flanged port on the Catalyst housing. Lance shall be a 2-phase type using compressed air to atomize the urea solution as well as to purge and cool the lance.

2. Injection lance shall be easily removed for maintenance and shall only require standard hand tools.

J. SCR Control System: Analysis Controlled Injection System (ACIS):

1. General:
a. The system shall be Programmable Logic Controller based and provide automatic SCR system start-up, operation, shutdown, monitoring, and annunciation of abnormal conditions.
b. The reducing agent in the SCR system shall be 32.5% urea conforming to ISO 22241.
c. All control system components shall be designed to operate on 230VAC, Single Phase, 60HZ power with a maximum current draw of 10 amperes, derived from the engine-generator equipment enclosure interior panelboard.

2. Urea Metering Panel (Dosing Control):
a. The Dosing Control panel shall include the urea and compressed air handling components including pressure switch, metering valve and flow meter.
b. Metering Panel shall be directly controlled by the Closed Loop Control Unit to adjust the urea flow rate, as required. Flow meter shall provide feedback to the Control Unit that the appropriate flow is achieved and be used for consumption monitoring.
c. Metering Panel shall contain air pressure manifold with low pressure switch tied back to the Control Unit.
d. Provide Dosing Control panel with internal space heater and insulation to prevent freezing/crystallizing of the urea.
e. Dosing Control panel shall be suitable for outdoor installation, provided with a NEMA 4X, 316 stainless steel enclosure.
f. Dosing Control panel shall be supplied from a 120V, single-phase power source derived from the engine-generator equipment enclosure interior panelboard.

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g. The following shall be provided integral with the metering panel for connection of remote alarms and indication at the Corp Yard control system:
1) Dosing System Running indication (normally-open dry contact). 2) Dosing System Fault alarm (normally-open dry contact). h. The following shall be provided integral with the metering panel for connection of remote control from the standby generator control panel:
1) Generator Running indication (normally-open dry contact at standby generator control panel).

K. Urea Booster Pump:

1. Provide urea pump with required pressure regulator, relief valve, pulsation dampener, etc., as specified by the manufacturer. Pump shall be controlled by the SCR Control Unit. Provide one pump per system.

L. Air Compressor (if required):

1. Provide air compressor to supply injection/purge air as required for proper operation. Air compressor shall be oil-free rotary vane type and shall not require lubricators.

2. Air compressor shall be supplied from a single-phase power source derived from the engine-generator equipment enclosure interior panelboard.

M. Urea Storage Totes:

1. Provide two (2) 224 gallon urea totes for use with the supplied DECS equipment.

2. 3.

Totes shall be designed according to ISO 22241-3.

Totes shall be manufactured from food grade, virgin high density polyethylene resin, ANSI/NSF 61 approved, fabricated with UV sunlight stabilizers, suitable for outdoor use.

4. 5.

6. Provide totes with a galvanized steel cage.

Provide totes with provisions for offloading and portability utilizing a forklift.

Provide totes with a threaded 2-inch port for connection of ½” piping routed from the Dosing Control panel.

2.12 RESISTIVE LOAD BANK
A. Supply one (1) fully self-contained, radiator-mounted resistive load bank system.

B. Rating: 480 volts, 3-phase, 300 kilowatts.

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C. Controls: Designed for integral operation with the standby power system equipment with automatic controls which increase/decrease loading to maintain minimum required loading on the generator at all times during operation.

D. Construction: Heavy-gauge aluminized steel per ASTM A463, designed for continuous radiator-mounted operation.

E. Finish: High quality baked polyester power coated finish with a minimum film thickness of 2.8 +/- 0.4 mils per coat, 2 coats minimum, ANSI 61 gray.

F. All exterior fasteners shall be fabricated from 316 stainless steel.

G. Fully-integrated load bank equipment shall be listed to UL 508A standard.

2.13 FINISHES
A. Engine, Generator, Fuel Storage Tank, Weatherproof Acoustical Enclosure and Other Equipment and Accessories: Shop-finished with manufacturer's premium corrosion resistant coating system, suitable for maximum resistance to corrosive or marine environments; field touch up with same or compatible coating.

2.14 SOURCE QUALITY CONTROL
A. General:

1. 2.

Provide notification of all work performed at the standby generator equipment manufacturer’s facilities. Provide safe access to all areas where work to be inspected is being performed.

The supplier shall perform functional unwitnessed testing of the generator in a factory demonstration test (FDT) prior to shipment. Assembly of fuel storage base tank and weatherproof enclosure shall not be required for factory witness testing by the supplier.

Provide the District with one (1) month advanced written notification of the proposed date for the testing described in this Section.

3. The manufacturer shall provide load banks, fuel, test equipment, labor, materials, and all other consumables, equipment, and services required for all factory testing.

B. Factory Testing:

1. Perform the following load tests using a 0.8 pf load bank:
a. Test the diesel engine-driven generator at 0.8 pf, at both full load and no load.
b. Static test, 100% block load test at rated kW and 0.8 pf. c. Transient test, four equal load steps up to rated kW and 0.8 pf.

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d. 8-hour load test, with two hours at each 25 % load step, with the following data recorded at 15-minute intervals:
1) Ambient air temperature and barometric pressure.
2) Engine oil temperature and pressure.
3) Engine oil filter differential pressure.
4) Fuel consumption rate.
5) Fuel pressure.
6) Engine coolant temperature.
7) Exhaust gas temperatures.
8) Generator speed, individual phase currents, individual phase voltages, three-phase kVAR, three-phase kW and overall power factor.
e. Vibration testing
1) Horizontal, vertical, and axial vibration measurements at each engine and generator bearing at 100 % load.

C. Communication Test:

1. At the factory test, the supplier shall temporarily connect to the Modbus TCP Ethernet port on the generator control panel to confirm proper Modbus communication.

D. Punchlist:

1. Compile a punch list of corrective items noted during factory witness testing.

Submit the original punchlist, along with a point-by-point description of how each punch list comment was addressed and resolved.

2.15 AUTOMATIC TRANSFER SWITCH
A. Supply new automatic delayed transition transfer switch (ATS) and associated microprocessor-based control module.

B. Switch Ratings: As indicated on the Drawings.

C. Provide one (1) spare microprocessor controller (in addition to new microprocessor controller provided installed with new automatic transfer switch).

D. Provide one (1) spare extension harnesses for ATS provided. Spare harness shall be in addition to new harness installed in new automatic transfer switch provided.

E. New ATS shall consist of a power transfer switch unit which shall be provided in an outdoor, NEMA 3R, 316 stainless steel free-standing enclosure.

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F. Provide new ATS enclosure and compartment with Fluke Model FLK-075-CLKT (no equal) “fisheye” viewports to allow for infrared scanning of the internal ATS components with the enclosure door in the closed position.

G. Provide new automatic transfer switch with microprocessor-based ATS control module and all required interconnection wiring harness accessories for connections between ATS and control module.

H. ATS shall transfer the load in delayed transition (break-before-make) mode.

Transfer is accomplished with a user-defined interruption period in both directions adjustable from 1 second to 5 minutes in at least 15 increments.

I. Submittals:

1. ATS and associated control module catalog information which includes specific ratings and features “arrowed” for clarity.

2. Custom-developed interconnection wiring diagram which indicates specific point-to-point wiring requirements between ATS, control module, standby generator control panel and PLC equipment. Diagram shall include terminal block numbers and unique wiring identification numbers to be used for all new wiring. “Partial” wiring diagrams which do not show complete end-to-end field wiring connections are not acceptable.

3. ATS installation and start-up instructions.

4. ATS maintenance and repair manual. Manual shall include periodic maintenance and testing recommendations, lubrication recommendations, etc.

J. Manufacturer: Asco 7000 Series, Type “ADTS” (no equal to match District’s similar, installed equipment).

K. A transfer switch manufacturer certified field technician shall visit the site where new ATS equipment is provided to inspect the new ATS installation and provide pre- energization set-up of the equipment. A minimum of eight (8) hours presence at the site where new ATS equipment is installed shall be included, not including travel time to and from the site.

PART 3 EXECUTION

3.01 SITE DELIVERY INSPECTION AND HANDLING
A. When offloading or moving the delivered standby power system equipment with a crane or hoist is performed by Others, lifting lugs near the top of the equipment shall be utilized. A spreader bar shall be used to hold the lifting cables apart to avoid any bending of the structure or lifting lugs. Supplier’s representative shall supervise the standby power system equipment rigging during off-loading and provide recommendations for proper lifting, in accordance with the requirements of the O&M manual.

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B. A supplier’s representative shall be present at the delivery site when each delivery of standby power system equipment is delivered to assist the District with visual inspection of the delivered equipment and materials. Visual inspection shall include:

1. 2.

External dents, scratches, or similar damage.

Corrosion.

3. Internal damage to equipment housings, panels or accessory items.

C. Following visual inspection of each standby power system equipment delivery by the supplier’s representative and the District, any deficiency items shall be noted.

Depending on the degree of any noted deficiency items, the supplier’s representative and District shall mutually agree upon a course of corrective action that shall be taken by the manufacturer to resolve the deficiency, including return of the delivered equipment to the manufacturer’s facility if warranted, at no additional cost to the District.

D. The supplier’s field installation personnel shall be on-site upon delivery of the fuel storage base tank, standby generator skid and generator enclosure for supervision of offloading of this equipment from the delivery truck directly to the concrete equipment pad where the equipment will be permanently located. As this equipment is placed on the concrete equipment pad, the supplier’s field installation personnel shall assemble the delivered equipment and components until all fuel storage tank, standby generator and weatherproof enclosure installation is complete.

3.02 FIELD TESTING, SYSTEM START-UP AND COMMISSIONING
A. Field Testing – Engine Generator Systems Including Completed Weatherproof Enclosure and Subbase Fuel Tank Installation: Test engine generator system as a complete unit together with subsystems. The test program shall include the following functions:

1. All field testing shall be witnessed by the District.

2. Accepted Operations and Maintenance Manuals and testing session documentation shall be submitted to the District for review a minimum of four (4) weeks prior to scheduled field testing of the complete standby power systems.

3. Field NETA testing of the on-board engine generator circuit breaker shall be performed by the District’s Installation Contractor. Any deficiencies found during this testing shall be corrected by the supplier at no additional cost to the District. All costs associated with subsequent field NETA testing that shall be required due to circuit breaker repair or replacement shall be the responsibility of the Supplier.

4. All travel and subsistence costs for supplier’s field technician site visits shall be included in the supplier’s quotation. If field testing is unsuccessful due to issues related to the supplier’s equipment then the supplier shall be Standby Power System Equipment – Corporation Yard
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responsible for all costs related to subsequent site visits that may be required until successful field testing, start-up and commissioning is completed.

5. 6.

The District’s installation Contractor shall defer main power connections from the supplied standby generator to the Corp Yard power system to permit the supplier’s connection of a temporary, portable load bank for start-up and field testing purposes. The supplier shall be responsible for procuring the temporary load bank to the project site, providing all required temporary connection cables and connecting/disconnecting the temporary load bank to the generator equipment.

Supplier’s field technician shall coordinate with the District’s Programmer for configuration and communication of supplied standby power system with the Corp Yard control system to include standby power system alarm and indication annunciation at the District’s SCADA system. Specific alarms and indication data shall be as directed by the District’s Programmer as part of the standby power system initial configuration, start-up and commissioning activities.

7. Initial start-up and operation of the standby power system shall be performed by the supplier’s field technician with assistance from the District’s installation Contractor.

8. 9.

District shall notify the supplier of the proposed field testing date(s) four (4) weeks in advance of the proposed date(s) of equipment testing.

Supplier’s field technician shall inspect the completed standby power system installation to confirm that the installation is correct and that the system is ready for start-up and commissioning.

10. Verification that each subsystem is complete and functions according to design criteria; include measurements of temperatures, pressures, and flows for all components.

11. Individual testing of each protective device and verification of the accuracy of instrumentation set points.

12. With the generator temporarily connected to the temporary, portable load bank system, the supplier’s field technician shall operate the standby power system from 0 to maximum 100 percent load, starting at no load and increasing in increments of 25 percent; check at each load point to verify stable operation, fuel consumption (measure fuel consumption approximately by measuring supply tank drawdown), engine performance, and generator performance.

The standby power system shall be load tested continuously for a minimum of four (4) hours.

13. Performance of full load transient tests to verify that voltage and frequency transient characteristics are within the supplier’s recommended values.

14. Verification that equipment is free of all vibrations throughout operating range.

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15. Provide written report including raw test data, calculated values and a certification that all values are normal and within specifications and that each unit is ready to be placed into service.

16. Measure radiator performance at full load including air flow, air inlet temperature and air outlet temperature.

17. After successful completion of the supplier’s field start-up and testing, the supplier shall disconnect and remove the temporary, portable load bank from the project site and the District’s installation Contractor shall connect the permanent power connections between the new standby power system and the Corp Yard power distribution system.

18. Supplier shall provide the services of a field technician certified by the automatic transfer switch manufacturer for pre-energization inspection, configuration and initial start-up of the new automatic transfer switch equipment.

19. District shall notify the supplier of the proposed field commissioning date(s) four (4) weeks in advance of the proposed date(s) of standby system commissioning.

20. Supplier’s field technical personnel shall provide on-site final commissioning of the standby power system. With assistance from the District and District’s installation Contractor, facility power loss simulation shall be conducted to ensure that the standby power system responds and operates properly. The supplier’s field technician shall perform system adjustments and/or minor corrections to the system equipment and components as required until a minimum of three (3) flawless, consecutive functional tests of the standby power system are achieved.

21. Upon successful completion of on-site commissioning of the standby power system, the supplier shall provide written confirmation of that the field commissioning has been successfully completed and the system is ready to be placed into normal operation. The date when this written notice is received shall trigger the start of the standby power system warranty specified herein.

3.03 SYSTEM DRAWINGS
A. Attached are system drawings which indicate how the supplied standby power system equipment shall be incorporated into the Corp Yard power and control systems.

END OF SECTION
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SECTION 16233B
STANDBY POWER SYSTEM EQUIPMENT – LIFT STATIONS
PART 1

1.01 SUMMARY
A. Section Includes:

GENERAL

1. Two (2) outdoor standby power generators, each provided in a sound- attenuated weatherproof enclosure including base-mounted diesel fuel storage tanks.

2. Outdoor, free-standing automatic transfer switch.

B. Overview of Standby Power System Equipment Supply:

1. 2.

Skid-mounted diesel engine-driven standby generator systems.

Base-mounted diesel fuel storage tanks.

3. Outdoor weather-proof, sound-attenuated, non-walk-in generator system enclosures.

4. Automatic transfer switch housed in an outdoor, free-standing enclosure at Lift Station (LS29).

C. Overview of Standby Power System Scope of Supply Responsibility:

1. The standby power system equipment supplier shall be responsible for the delivery of all system equipment and components to the City of Foster City’s outlying lift station locations:

Lift Station LS22
601 Catamaran St
Foster City, CA 94404
Lift Station LS29
909 E Hillsdale Boulevard
Foster City, CA 94404

2. Each supplied standby power system fuel storage base tank, standby generator skid equipment and generator enclosure shall be offloaded from the supplier’s delivery truck directly onto a concrete equipment pad utilizing hoisting equipment provided by District’s installation Contractor. The standby power system equipment supplier’s field personnel shall be present at each respective delivery site to direct the offloading of the new standby generator system equipment.

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3. Anchoring of the supplied standby power system standby generator and automatic transfer switch equipment to the concrete equipment pad at each lift station site shall be provided by Others.

4. Field assembly of the supplied standby power system equipment standby generator equipment (i.e. fuel storage base tank, standby generator skid and generator enclosure) shall be performed by the supplier’s field technical personnel if delivered as separate items.

5. Requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and statement of changes is submitted for evaluation.

1.02 REFERENCES
A. American Society of Civil Engineers:

1. ASCE 7 – Minimum Design Loads for Building and Other Structures.

B. American Society of Mechanical Engineers:

1. B16.5 – Pipe Flanges and Flanged Fittings: NPS ½ through NPS 24 Metric/Inch Standard.

C. ASTM International:

1. ASTM A106/A106M – Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.

D. Bay Area Air Quality Management District (BAAQMD):

1. BAAQMD Authority to Construct Permit.

2. All applicable rules and regulations, including BAAQMD-specified Source Test Methods and Procedures.

E. California Air Resources Board (CARB).

F. Code of Federal Regulations (CFR):

1. Title 40, Chapter I, Subchapter C, Part 89 – Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

G. Institute of Electrical and Electronics Engineers (IEEE).

H. National Fire Protection Association (NFPA):

1. 2.
30 – Flammable and Combustible Liquids Code.
37 – Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

3. 4.
70 – National Electrical Code.
110 – Standard for Emergency and Standby Power Systems.

I. National Electrical Manufacturers Association (NEMA):

1. MG 1 – Motor and Generators.

J. Underwriters Laboratories:

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1. 2.
142 – Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids.
2200 – Standard for Stationary Engine Generator Assemblies.

1.03 DEFINITIONS
A. Acceptance: Formal action of the District in determining that the Vendor’s work has been completed in accordance with the Contract and in notifying the Vendor in writing of the acceptability of the Work.

B. ATS: Automatic Transfer Switch
C. BAAQMD: Bay Area Air Quality Management District
D. CARB: California Air Resources Board
E. CFR: Code of Federal Regulations
F. Contract Document(s): The words “Contract Document(s)” shall mean any or all of the following items, as applicable:

1. 2.

3. Vendor Agreement
Technical Specifications
Drawings
G. District: The word “District” refers to the Estero Municipal Improvements District.

H. District’s Installation Contractor: The individual partnership, corporation, or combination thereof including joint ventures who enter into the Contract with the District for the performance of the Work. The term covers subcontractor, equipment and material suppliers, and their employees.

I. DPF: Diesel Particulate Filter
J. EPA: Environmental Protection Agency
K. FDT: Factory Demonstration Test
L. IEEE: Institute of Electrical and Electronics Engineers M. ISO: International Organization for Standardization
N. kW: Kilowatts
O. kVA: Kilovolt-amperes
P. LS22: Lift Station 22.

Q. LS29: Lift Station 29.

R. Manufacturer: Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated into the Work.

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S. NEMA: National Electrical Manufacturers Association
T. NFPA: National Fire Protection Agency
U. O&M: Operations and Maintenance
V. Others: Third Party Consultant or Contractor.

W. P&IDs: Piping and Instrumentation Diagrams
X. Project: The work to be performed under the provisions of the Contract.

Y. SAE: Society of Automotive Engineers
Z. SDS: Safety Data Sheet
AA. Standby Rated Duty: Continuous operation of the supplied standby power system for the duration of any primary power source (i.e. Pacific Gas and Electric Company utility power source) outage to each respective lift station site.

BB. Submittals: The information which is specified for submission to the District in accordance with the Contract Documents.

CC. Suppliers: Any person who or which supplies materials or equipment for the Work, including that fabricated to a special design.

DD. Suppliers Field Personnel: Any person who supplies materials or equipment for the Work, including that fabricated to a special design.

EE. UL: Underwriters Laboratory
FF. Work: The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion, and fulfillment of the Contract.

1.04 SYSTEM DESCRIPTION
A. Supply Lift Station LS22 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Environmental Protection Agency (EPA) compliant diesel engine-driven generator system having a minimum standby power rating of 124 kilowatts (kW) / 155 kilovolt-amperes (kVA) with an output voltage of 120/208 volts, 3- phase.

2. 3.

Base-mounted diesel fuel storage tank with minimum capacity of 595 gallons.

Outdoor-rated, non-walk-in generator enclosure with sound-attenuation design.

4. Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

B. Supply Lift Station LS29 complete standby power system comprised of, but not limited to, the following equipment and accessories:

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1. Environmental Protection Agency (EPA) compliant diesel engine-driven generator system having a minimum standby power rating of 180 kilowatts (kW) / 225 kilovolt-amperes (kVA) with an output voltage of 480 volts, 3-phase.

Base-mounted diesel fuel storage tank with minimum capacity of 765 gallons.

Outdoor-rated, non-walk-in generator enclosure with sound-attenuation design.

2. 3.

4. Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

New automatic transfer switch.5.

C. The new generator supplied for Lift Station LS22 shall operate in conjunction with an existing automatic transfer switch and existing site power distribution system.

The new generator supplied for Lift Station LS29 shall operate in conjunction with the new, supplied automatic transfer switch and existing site power distribution equipment. Each new standby power system shall operate in an “open-transition” configuration. There are no requirements for either of the supplied standby power systems to operate in parallel with any other power supply source.

D. The supplied equipment and accessories specified in this section shall be installed by both the supplier’s field personnel and by Others as specified herein. Below is a summary of the supplied equipment installations:

1. The new diesel engine-driven standby generator system (generator), base- mounted fuel storage tank and outdoor enclosure shall be installed on and anchored to a concrete equipment pad. The concrete equipment pad and anchoring of each new generator to its respective pad shall be provided by Others. Final assembly of the base-mounted fuel storage tank, standby generator skid and generator outdoor enclosure shall be provided by the supplier’s field personnel as required.

2. Each new generator shall be connected to the respective lift station power distribution and control systems as specified herein and as indicated on the attached Drawings. Installation of new raceways, conductors and connection of each new generator to each lift station power and control system shall be provided by Others.

E. Installation inspection, configuration, start-up and commissioning of supplied equipment and systems shall be provided by the equipment supplier as specified herein. Supplier shall provide these on-site services at each lift station site after all supplied equipment and systems have been installed and are ready for start-up and commissioning. Supplier shall include on-site service costs in overall equipment supply proposal based upon an estimated time frame which includes supplied equipment submittal development and review, manufacturing and procurement of all supplied equipment to each lift station location and an approximate 6-month installation time frame for installation of the supplied equipment (from time of equipment delivery to the site) for each lift station site with all present service rate escalations included in the proposal.

F. Consumables such as coolant, lubrication materials and filters required for start-up and commissioning of the new standby power system shall be included in the supplier’s scope of supply. Initially required diesel fuel shall be provided by the Supplier as required to facilitate start-up and commissioning of each new standby power system.

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G. On-site training of District personnel for supplied standby power system equipment and accessories shall be provided by the equipment supplier as specified herein.

Supplier shall provide this on-site training after all supplied equipment and systems have been commissioned by the equipment supplier at each lift station site.

Supplier shall include on-site training costs in overall equipment supply proposal based upon an estimated time frame of providing the training approximately one (1) month after all supplied systems have been commissioned with all present service rate escalations included in the proposal.

1.05 MANDATORY REGULATORY REQUIREMENTS FOR STANDBY POWER SYSTEM

DESIGN AND SUPPLIER
A. Manufacturer shall furnish for the engine CARB-certification, or EPA-certification.

B. Manufacturer shall furnish for the engine CARB-certified emissions data, or EPA- certified emissions data, including the following identified pollutants: nitrogen (NOx), hydrocarbon and other organic compounds (POC), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM10).

C. The supplied engine shall be designed for, and operate exclusively with, CARB diesel fuel (see link for diesel specs: https://ww2.arb.ca.gov/sites/default/files/2020- 03/dieselspecs.pdf).

D. The supplied engine shall be designed for, and manufactured with, the most effective emissions control device, or best-available control technology (BACT) meeting the guidelines specified by BAAQMD (see link for determinations:
https://www.baaqmd.gov/~/media/files/engineering/bact-tbact- workshop/combustion/96-1-5.pdf?la=en).

E. The supplied engine shall meet the requirements of BAAQMD Regulation 6-1-303 for visible emissions limitations.

F. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-301 for sulfur dioxide emissions limitations at ground level.

G. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-304 for allowable engine fuel requirements.

H. Lift Sation LS22

1. Manufacturer must be prepared to add a catalyst-based diesel particulate filters (DPFs), diesel oxidation catalysts, ultra-low sulfur diesel fuel as necessary to reduce risks to acceptable levels specified in the Regulation 2-5- 302.

2. Manufacturer must ensure that all engines not equipped with a DPF must be "plumbed" to facilitate the installation of a DPF at a future date.

1.06 SUBMITTALS
A. Provide separate submittals for each lift station standby generator in electronic Adobe .pdf format. Each submittal shall be combined into an organized, bookmarked, single .pdf file, printable by the District.

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Foster City/EMID
CIP 405-755
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B. Each new generator, sub-base fuel storage tank and generator enclosure shall all be included in a single, organized, tabbed submittal, arranged with cohesive continuation references between various supplied system equipment and components.

C. Provide a .pdf tab labeled “Notes to Reviewer” that states any exceptions, clarifications or requests for information from the District.

D. Provide a comprehensive, itemized bill of material that matches all product data and information included for all supplied standby power generator system and automatic transfer switch equipment.

E. Partial submittals, poorly organized submittals without bookmarks keyed to bill of material entries or unsearchable submittals shall be rejected without review.

F. Provide customized electrical interconnection diagrams for all supplied equipment and systems. Submittal of “generic” electrical interconnection diagrams which are not specific to this scope of supply shall be rejected without review. Customized electrical interconnection diagrams shall include the following minimum information:

1. Depiction of all field-routed conductors that are connected to equipment provided under this scope of supply and provided by Others. Field wiring shall be depicted utilizing dashed lines.

2. 3.

4. Specific, unique terminal block numbers for each field conductor termination point included with equipment provided under this scope of supply.

Recommended size of each power and control conductor indicated on the electrical interconnection diagrams that shall be provided by Others.

Upstream voltage, phase and ampere rating required for each external power supply required for equipment provided under this scope of supply (e.g. generator block heater, generator battery charger, etc.).

G. Submittal General Requirements:

1. Generator fabrication schedule, including anticipated factory acceptance testing dates and equipment delivery date to each project site relative to final acceptance of all submittal information.

2. Safety data sheet (SDS) for lubricant, touch-up paint, and any other chemicals supplied on this project.

3. 4.

Itemized bill of material.

Itemized list of extra materials furnished specifically for this project, including quantities, description, and part numbers.

5. Manufacturer’s renewal parts literature and cost quotation for one year’s recommended spare parts and special tools for all equipment.

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6. Contact information for the Supplier’s representative(s) that shall be conducting manufacturers’ field services, site tests, and on-site inspections.

7. 8.

Warranty.

Maintenance contract: Submit options for standby generator system maintenance agreement to provide periodic routine, periodic onsite maintenance and on-call services to address equipment issues. Submittal shall clearly define proposed services, frequency of services, on-call maximum response times based upon the equipment installation location(s) and cost information for maintenance agreement. District shall review submitted information for consideration of entering into a maintenance agreement with the standby generator equipment supplier. A maintenance agreement is not included as part of this package of supply and any agreement for maintenance shall be separate from the specified scope of supply contained herein.

H. Quality Assurance Submittal Information:

1. Prototype testing results: Certification of the following prototype test results:
a. Use design prototypes similar to the equipment specified in this Section for testing, not the actual, supplied equipment.
b. Minimum prototype testing requirements:
1) In accordance with NFPA 110.
2) Maximum power in kW.
3) Maximum starting kilovolt-ampere at 35 percent instantaneous voltage dip.
4) Alternator temperature rise by embedded detector
5) Governor speed regulation under steady state and transient conditions.
6) Fuel consumption at 25 percent, 50 percent, 75 percent, and 100 percent load.
7) Harmonic analysis, voltage waveform deviation, and telephone influence factor.
8) Cooling airflow rate.
9) Torsional analysis testing to verify that the generator set is free of harmful torsional stresses.
10) Endurance testing.

I. Emissions:

1. 2.

Certification of EPA and BAAQMD compliance for a standby power system including verification of compliance of requirements specified herein.

Other exhaust characteristics and emissions limitations as required by BAAQMD for the supplied standby power system.

J. Certifications:

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Foster City/EMID
CIP 405-755
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1. Certification of the emissions performance of the engine by the engine manufacturer. Include the EPA certificate of conformity with the Clean Air Act for the model year and engine family of the engine specified in this Section.

2. 3.

Certified torsional vibration analysis between the engine and generator as required by NFPA 110, 5.6.10.2.

Seismic qualification certification:
a. Seismic qualification certification for the overall diesel engine-driven generator set, fuel storage base tank, standby generator enclosure, engine starting batteries and battery rack, accessories, and factory- supplied components, in accordance with the seismic design parameters listed in Article 1.06 – Quality Assurance.

4. 5.

Certification of equipment by Underwriters Laboratory (UL) or other equivalent nationally recognized independent testing laboratory.

Factory certification of the radiator capacity at the specified ambient conditions.

6. 7.

Certified production test reports for battery chargers.

Upon completion of installation of each standby power system, the Supplier shall issue a certification of compliance for the system installation performed by Others following an on-site inspection by supplier’s field technical personnel. This certification shall confirm that the equipment installation performed by Others has been properly installed for all supplied systems and that the standby power system is ready for final commissioning and acceptance.

K. Shop Drawings:

1. Provide detailed dimensional and to-scale plan and section drawings for the proposed skid-mounted generator system that includes the following minimum information:
a. Length, width and height dimensions, stated in inches for fully-assembled fuel storage base tank, generator equipment skid and generator enclosure.
b. Dry and wet weights, in pounds, of complete, assembled standby power system package that includes skid-mounted fuel storage base tank, generator equipment skid and outdoor enclosure.
c. Provide a rigging diagram that indicates the location and lifting capacity of each lifting attachment and center of gravity for fuel storage base tank, generator equipment skid and generator enclosure.
d. Electrical conduit stub-up and equipment entry locations. e. Piping and instrumentation diagrams (P&IDs).

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CIP 405-755
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2. Electrical Drawings: In addition to customized interconnection diagrams specified herein, the following system-specific electrical drawings shall be submitted for review:
a. AC schematic diagrams.
b. DC schematic diagrams.
c. Communications diagram.
d. Engine control schematic diagrams.
e. Supplied standby power system package wiring diagrams.

L. Engine:

1. 2.

Number of cylinders, bore, stroke, and piston speed.

Displacement in cubic inches.

Compression ratio.3.

4. 5.

6. 7.

8. 9.

Engine RPM at 60 hertz.

Combustion air flow rate required.

Cooling air flow rate required.

Size of exhaust outlet.

Exhaust flow rate and temperature at full rated load.

Gauges, including description of value indicated and indicating ranges and units.

10. Jacket water heater quantity, power consumption per unit, and voltage and phase (i.e., single or three-phase) for each unit.

11. Type and grade of fuel oil recommended.

12. Fuel oil consumption at 25 percent, 50 percent, 75 percent and 100 percent of rated engine-generator system nameplate maximum power output.

13. Type and grade lubricating oil recommended.

14. Amount of lubricating oil required per oil change.

15. Normal lubricating oil consumption rate.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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16. Recommended lubricating oil change periods stated in both runtime hours and calendar days.

17. Time interval from start-up contact closure until full load capabilities are available.

18. Engine-generator system acceptable ambient temperature operating range.

M. Governor: Manufacturer, model, and engine speed governing accuracy.

N. Radiator information.

O. Emissions:

1. After installation and start up of the new standby power system, the District shall retain the services of an independent, certified, source testing firm for the performance an emissions source test on the standby power system using methods as required by BAAQMD Authority to Construct. The retained firm shall perform this testing and shall comply with all related requirements, including test methods, time periods, and reporting. The supplier scope of supply shall include all costs required for making on-site modifications and adjustments to the complete, installed, operating standby power system for compliance with the BAAQMD requirements until acceptable testing results are obtained by the District’s retained testing firm.

2. Emission testing data shall be gathered at rated speed and load as measured by Society of Automotive Engineers (SAE) J177 and J215 or International Organization for Standardization (ISO) 8178 recommended practices.

P. Silencer:

1. 2.

Silencer grade, overall dimensions and weight.

Silencer noise attenuation curves.

3. Supplier shall provide all necessary information and data including, but not limited to, piping, fittings, silencer, and rain cap.

4. 5.

Exhaust system loss calculations.

Free field mechanical noise level at 23 feet. Provide overall decibels (dBA) referenced to 20 µPa.

6. Exhaust sound level in dBA 5 feet from the discharge end of silencer.

Q. Synchronous Generator:

1. 2.

Maximum rated kilowatt (kW) output.

Maximum rated kilovolt-ampere (kVA) output and power factor.

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CIP 405-755
January 2024-DRAFT

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3. 4.

5. 6.

7. 8.

Rated voltage and phase.

Maximum rated output current.

Number of poles and synchronous speed.

Number of leads and wires per lead.

Winding pitch.

Stator and field ratings including temperature rise at full and overload conditions.

9. Insulation system: include insulation class, stator temperature rise, rotor temperature rise, heat dissipation (kW), and required air flow (m3/min).

10. Impedances (provide in per unit with base values or in ohms):
a. Stator winding (armature) resistance (R a).
b. Field winding resistance.
c. Synchronous reactance - direct axis (X d).
d. Synchronous reactance - quadrature axis (X q).
e. Transient reactance – direct saturated (X' ds).
f. Subtransient reactance - direct axis (X'' d).
g. Subtransient reactance - quadrature axis (X'' q).
h. Negative sequence reactance (X 2).
i. Zero sequence reactance (X0).

11. Time Constants:
a. Open circuit transient – direct axis (T' d0).
b. Short circuit transient – direct axis (T' d).
c. Open circuit subtransient – direct axis (T" d0).
d. Short circuit subtransient – direct axis (T" d).
e. Open circuit subtransient – quadrature axis (T" q0). f. Short circuit subtransient – quadrature axis (T" q).

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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g. Exciter time constant (T e).
h. Armature short circuit (T a).

12. Short circuit ratio of the field current required for rated open circuit voltage to the field current required for rated short-circuit current.

13. Generator excitation voltage and excitation current at no load and full load.

14. Generator overtemperature protection: Per equipment manufacturer’s recommendations with corresponding shutdown alarm for generator overtemperature.

15. Generator center of gravity, stator weight, rotor weight, rotor balance, and overspeed capacity.

16. Generator torsional data model including the coupling and fan, generator rotor, and exciter end.

17. I 2t or K (heating time constant).

18. Voltage and frequency variation and duration with load step application and removal of 25 percent, 50 percent, 75 percent, and 100 percent of resistive load based on maximum kW rating.

19. Generator efficiency at 25 percent, 50 percent, 75 percent, and 100 percent of load based on maximum kW rating.

20. Capability Curves:
a. Motor starting capability – percent voltage dip versus starting kVA. b. Current decrement curves for an instantaneous three-phase fault, instantaneous line-line fault, and instantaneous line-neutral fault. c. Open circuit curve – line-line voltage versus field current. d. Short circuit curve – armature current versus field current. e. Zero power factor curve – line-line voltage versus field current. f. Air gap curve – line-line voltage versus field current. g. Reactive capability curve operating chart – kW versus kVAR showing leading and lagging quadrants and engine limit line.
h. Short-time overload curve – percent rated armature current versus time for Class H insulation.

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i. Certified published engine horsepower curves showing manufacturer's engine rating for generator set standby and prime power application.

21. Anti-condensation space heater kilowatt, voltage, and phase requirements for all anti-condensation space heaters supplied (e.g. generator space heater(s), battery system space heater(s), block heater(s), etc.).

R. Voltage Regulator: Manufacturer, model, and generator voltage regulating accuracy.

S. Generator equipment skid-mounted local controls/control panel:

1. 2.

Control panel dimensions, conduit entry details, and NEMA rating.

Generator monitoring and protection features.

3. 4.

5. 6.

7. Engine monitoring and protection features.

Control features.

Signal input/output (I/O) provisions.

Communications provisions.

Modbus register map.

T. Skid-mounted generator batteries and associated battery charger:

1. Include battery charger maximum power requirement, supply voltage and phase, and physical dimensions of batteries and charger proposed.

2. 3.

4. 5.

Batteries and accessories.

Battery rack.

Battery charger and accessories.

Spill containment systems.

U. Testing:

1. 2.

Manufacturer’s test procedures, checklists, and test forms.

Certified factory test reports for:
a. Engine-generator set.
b. Battery charger.
c. Engine-generator factory testing:

Standby Power System Equipment – Lift Stations
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Foster City/EMID
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1) 0.8 pf generator set test report, tested at full load and no load. 2) Alternator test sheet.
3) Static, transient, and 8-hour load test report.
d. The corrective item punch list developed during factory testing with a point-by-point description of how each punch list comment was addressed.

3. Following complete installation of the supplied standby power system by Others, supplier’s field technician(s) shall provide the following on-site testing services to provide certified field test reports:
a. Alignment and end play.
b. Load tests with the supplied resistive load bank.
c. Vibration tests.
d. Engine backpressure test.
e. Integrated standby power system tests to confirm proper standby power system functional operation with lift station power distribution system.

V. Operation and Maintenance (O&M) Manuals: General format and configuration of O&M manuals shall comply with the following:

1. A minimum of four (4) weeks prior to delivery of each new standby system equipment to the project site, Supplier shall submit O&M manual information for review.

2. O&M manuals shall be submitted for review in electronic .pdf format. After District acceptance of O&M manuals, final O&M manuals shall be submitted in both electronic .pdf format along with four (4) hardcopy sets of manuals, provided in three-ring binders.

3. O&M manuals shall include the following minimum information:
a. Operating instructions and a maintenance manual presenting full details for care and maintenance of all equipment comprising the complete standby power system.
b. Detail the operational functions of all standby power system controls, indicators and alarms.
c. Include standard equipment operational manuals normally furnished by the manufacturer to supplement the customized operational instructions and information specific to this project’s scope of supply.

4. Maintenance Manual:

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a. Instructions covering all details pertaining to care and maintenance of all supplied standby power system equipment as well as data identifying all parts.
b. These manuals shall include, but are not limited to, the following:
1) Adjustment and test instructions covering the steps involved in the initial test, adjustment, and start-up procedures.
2) Detailed control instructions, which outline the purpose and operation of every control device used in conjunction with operating the standby power system.
3) Complete set of “As Built” custom electrical and mechanical integration shop drawings in AutoCAD 2016 format.
4) Provide two (2) shop manuals to the District that are identical to the manuals used by manufacturer-authorized shop repair personnel. At minimum, provide shop manuals for the supplied engine, radiator, generator and engine-generator local controls/control panel.

W. Training plan and schedule: Include a minimum of two (2) on-site training sessions by supplier’s technical field personnel to occur on non-consecutive days. Each training session shall include the complete supplied standby power system equipment.

X. Automatic Transfer Switch Submittals: As specified in paragraph 2.13 herein.

1.07 QUALITY ASSURANCE
A. A single supplier shall provide all equipment and components which comprise the standby power system scope of supply specified herein.

B. Standby generator manufacturer shall have a minimum of 25 years of experience in the manufacture and production of 480V diesel engine-driven standby generator equipment with no less than ten (10) similar generator units that are in operation that have been installed within the last five (5) years.

C. Supplier shall have no less than ten (10) similar rated (i.e. 100 kW to 200 kW) generator units that are in operation that have been installed within the last five (5) years which include overall standby power system compliance with EPA and BAAQMD requirements.

D. Generator set shall be manufactured to the applicable specifications on file with UL and labeled with the UL 2200 mark.

E. To the maximum extent possible, all electrical components, devices, and accessories shall be listed or labeled by Underwriters Laboratories or other equivalent nationally recognized testing laboratory.

F. Seismically Qualified Equipment:

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1. 2.

Provide certification that the diesel engine-driven generator is seismically qualified by an approved shake table testing report following the requirements in Section 13.2 of ASCE 7-16.

The skid-mounted battery rack shall be qualified for use in high seismic loading as defined in IEEE Std 693-2005 (i.e., “IEEE-693 High”), for in-service installation anchored in accordance with the supplier’s accepted seismic anchorage calculations.

1.08 DELIVERY, STORAGE AND HANDLING
A. Standby power system supplier shall be responsible for the transport and delivery of all system equipment and components to the following location:

Lift Station LS22
601 Catamaran St
Foster City, CA 94404
Lift Station LS29
909 E Hillsdale Boulevard
Foster City, CA 94404
District Contact Information:

Frank Schoening
Phone: (650) 286-3550
B. Delivery by the system equipment supplier shall include provisions which facilitate offloading the standby power equipment from the delivery truck to on-site location as specified herein. Supplier shall be responsible for coordinating all delivery scheduling, hoisting equipment recommendations and recommended personnel required at the delivery site for offloading of the standby power system equipment with the District as specified herein and as required.

C. Equipment shall not be shipped to the site until:

1. 2.

Certified factory test reports, including the corrective item punchlist developed during the factory demonstration test, have been approved by the District or The District inspector authorizes release for shipping at the factory demonstration test.

D. The Supplier shall schedule and coordinate off-loading of the standby power system equipment at each project site with the District for each delivery dates required to encompass complete delivery of all system equipment and components:

1. Lifting equipment required for offloading equipment at each project site shall be provided by Others based upon recommendations provided by the equipment supplier as specified herein.

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2. 3.

Furnish all standby power system equipment with removable lifting and jacking angles, eyebolts, etc., attached to equipment structural framing and/or bases to facilitate unloading and move-in operations.

Include provisions on equipment skids for the use of "Multiton" type rollers for moving the equipment skid into position and then removal of the "Multiton" rollers for setting the equipment skid in place.

E. Ship equipment, material, and spare parts complete except where partial disassembly is required for transportation or for protection of components.

F. The Supplier shall protect and securely pack the equipment for the environmental conditions during transit to the jobsite.

G. Ship each packaged diesel-engine driven generator as complete as possible, with the latest revision of the bill of material. Minimize the number of components removed for shipping or sent loose for field reassembly.

1.09 PROJECT CONDITIONS
A. Ambient Temperature: -15 degrees Celsius to 50 degrees Celsius.

B. Relative Humidity: 0 to 95 percent.

C. Altitude: Sea level.

1.10 SEQUENCING
A. Complete factory prototype and factory production tests in accordance with NFPA 110 before shipping the equipment to the project site.

B. Supplier shall coordinate with the District for delivery date(s) for each specific date that a portion of the standby power system equipment is planned for delivery to the project site no less than eight (8) weeks prior to planned delivery date. Final delivery date(s) shall be mutually agreed upon between the supplier and the District before delivery date(s) are finalized.

1.11 WARRANTY
A. Provide minimum five (5) year system supplier’s warranty valid from date of final acceptance by the District. Final acceptance shall occur after final installation is completed by the District’s installation Contractor and the complete standby power system successfully passes an on-site acceptance test in accordance with NFPA 110, 7.13, operated in conjunction with each lift station power distribution system and control system. The supplier shall assume that Final Acceptance of the system shall occur within six (6) months after delivery of all standby power system equipment and components to each project site.

B. The warranty shall include all repair parts, labor, travel expenses of manufacturer’s technician to the installation site, and expendables (i.e., lubricating oils, filters, antifreeze and other service items made unusable by the defect).

C. Base the warranty on 500 hours of run time per year per site.

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D. The warranty shall include a manufacturer-supplied, temporary, portable standby generator unit and associated temporary interconnection cabling to serve as a temporary standby generator unit should warranty period repairs require more than 48 hours to accomplish. Temporary generator rating shall match that for the supplied new standby generator equipment. Supplier shall be responsible for all costs including mobilization of the equipment to and from the project site and all labor and materials required to connect the temporary generator to the respective lift station power and control systems.

1.12 COMMISSIONING
A. The supplier shall provide on-site services of technical installation and start-up personnel that are certified by the specific equipment manufacturer for the installation, pre-startup inspection, initial start-up and commissioning of all new standby power system equipment and components.

B. The supplier shall provide written certification that each complete standby power system has been successfully commissioned and is ready to be placed into normal operation once all on-site commissioning tasks have been successfully completed and all corrective punchlist items have been addressed and resolved.

1.13 TRAINING
A. Each training session specified herein shall be organized as follows:

1. Introduction:
a. Single-line diagram overview to familiarize participants with the facility’s electrical distribution system.
b. P&ID drawing overview to familiarize participants with the fuel storage, supply, and return system.

2. Review of the O&M Manual:
a. Overview of each binder section in the O&M manual.
b. Key drawings that indicate power flow, overall switchgear arrangement, and switchgear control.
c. Include discussion of how and where to order renewal parts, procedures for initiating warranty work, and manufacturer contact information.

3. Classroom training topics:
a. Discussion of diesel engine-driven generator components and their functions.
b. Safety precautions.
c. Operation.

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d. Inspection and maintenance.
e. Cleaning and lubrication.
f. Fluid recommendations.
g. Procedures for proper storage for the engine and the generator during periods when the engine-driven generator set is out of operation for extended periods.
h. Precautions for operation at partial load.
i. Troubleshooting guide, with specific trouble item, possible causes, and suggested corrective actions.

4. Hands-on exercises:
a. Visually identify engine-driven generator components and understand their functions.
b. Demonstrate engine control panel use, including manually starting the engine, menu navigation, fault acknowledgment, and emergency stop. c. Demonstrate battery charger control panel use, including menu navigation and fault acknowledgment.
d. Demonstrate how to change air, fuel, and oil filters. e. Demonstrate how to relieve pressure from fuel and oil lines prior to maintenance.
f. Demonstrate procedures for initial startup after a period of non-operation. g. Demonstrate each of the manufacturer’s recommended daily, weekly, every 300 service hours, every 6 months, and every year maintenance activities described in the O&M manual.

1.14 MAINTENANCE
A. Extra materials:

1. 2.

3. Box or package extra materials for long-term storage. Identify each item with manufacturer’s name, description and part number on the exterior of the package.

Provide specialty tools necessary for routine maintenance of the equipment.

Special tools are those that only the manufacturer provides, for special purposes, or to reach otherwise inaccessible parts.

Furnish the following extra materials:
a. Three sets of lube oil filters, fuel oil filters, and gaskets.

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b. Two sets of air filters.
c. Two fuses (for each control and power circuit).
d. One set of crankcase breather filters, when used.
e. Generator manufacturer’s PC-based software for connection to the engine-mounted control panel.

PART 2

2.01 MANUFACTURERS
A. The following list of manufacturers is based on general capability of a single

PRODUCTS
supplier to manufacture and supply engine-generator equipment and components to provide an EPA and BAAQMD compliant standby power system as a custom- integrated, complete system. This list makes no statement as to the capability of the listed manufacturers to meet the Contract Document requirements. The burden of proof of conformance with the Contract Documents lies with the Supplier. Each complete standby power system shall be supplied by one of the following:

1. 2.

3. Kohler.

Caterpillar.

Cummins.

2.02 ENGINE GENERATOR EQUIPMENT
A. Characteristics of assembled skid-mounted engine-generator unit provided:

1. 2.

3. Engine-driven generator consists of a diesel engine directly coupled to an electric generator providing electric power.

Each engine shall start, attain full speed, voltage, and assume full load within a maximum of 10 seconds, with jacket water at 85 degrees Fahrenheit.

Furnish each engine-driven generator on a steel sub-base to support engine, generator and accessories as a single unit:
a. Base: Welded construction.
b. Engine direct connected through a flexible coupling to a single bearing generator.
c. System free of injurious torsional and bending vibrations within a speed range from 10 percent below to 10 percent above synchronous speed.

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d. Engine-driven generator balanced such that the peak-to-peak amplitude of vibration velocity in any direction does not exceed the engine or generator manufacturer's published limits.
e. If shims are required under the feet of the generator for alignment purposes, use 1-piece laminated shim stock that covers at least 90 percent of the foot.
f. Supply a complete assembled engine-driven generator skid requiring only field electrical and mechanical connections.

4. Connections to engine-driven generator skid:
a. Flexible connections are required on all connections to the engine generator.
b. Flexible connections include but are not limited to:
1) Exhaust.
2) Fuel lines.
3) Radiator discharge air ductwork.
c. The length of all flexible connections to exceed the flexible connector manufacturer’s minimum length recommendations for the diameter used and for the misalignment as measured after installation.

B. Generator system performance requirements:

1. Lift Station 22 standby power output ratings:
a. 124 kilowatts, minimum.
b. 120/208 volts.
c. 0.8 power factor.
d. 3-phase, 4-wire, 60 hertz.
e. In accordance with NEMA MG-1 temperature rise limits.

Lift Station 29 standby power output ratings:
a. 180 kilowatts, minimum.
b. 277/480 volts.

2. c. 0.8 power factor.
d. 3-phase, 4-wire, 60 hertz.

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e. In accordance with NEMA MG-1 temperature rise limits.

C. Engine Requirements:

1. 2.

3. Engine Type: 4-Stroke Cycle, turbocharged, intercooled.

Maximum Rotational Speed: 1,800 rpm.

Minimum Piston Displacement:
a. Lift Station 22: 276 cubic inches.
b. Lift Station 29: 415 cubic inches.

4. 5.

6. Main Bearings: Minimum of five, replaceable insert type.

Cooling: Liquid cooled with engine driven coolant pump.

Fuel Type: Meet specifications when operating on Number 2 diesel fuel oils meeting the requirements of the BAAQMD; engines requiring premium fuels shall not be considered.

7. Emissions: Meet the requirements of EPA and BAAQMD.

8. Air filters: Replaceable dry element type with dirty condition differential pressure indicator.

9. Lube oil filters: Cartridge type.

D. Governor: Electronic, digital type to regulate engine speed within 0.25 percent at any constant load from no load to full load.

E. Generator Requirements:

1. 2.

3. 4.

5. 6.

Type: Synchronous, 4-pole, rotating field.

Exciter Type: Brushless, permanent magnet.

Leads: Quantity of twelve (12), re-connectable.

Insulation: Class H, 130 degrees Celsius temperature rise per NEMA MG1.

Bearing: Sealed type.

Coupling: Flexible disc.

7. Amortisseur Windings: Full.

8. 9.

Voltage Regulation: +2% average, no-load to full-load.

One-Step Load Acceptance: 100% of rating.

10. Unbalanced Load Capability: 100% of rated standby current.

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11. NEMA MG1, IEEE, and ANSI Standards compliance for temperature rise and motor starting.

12. Capable of sustained short circuit current up to 300% of rated current for 10 seconds.

13. Self-ventilated, drip-proof construction.

14. Vacuum impregnated windings with fungus-resistant epoxy varnish.

2.03 COOLING SYSTEM
A. Liquid-cooled, rated for continuous operation with a maximum ambient temperature of 50 degrees Celsius.

B. Engine-driven fan.

C. Radiator: Mounted on the engine skid.

D. Coolant Solution: Provide solution of 50 percent ethylene glycol and softened water; add chemical water conditioner as recommended by the engine manufacturer.

E. Jacket Water Heater: Sized to maintain engine jacket water to 90 degrees Fahrenheit for an ambient temperature of 0 degrees Celsius.

F. Radiator Hoses: Provide premium, oil resistant hoses of Viton or silicone rubber carcass with reinforcing fabric; assembly to be suitable for a minimum service temperature of 250 degrees Fahrenheit.

2.04 FUEL SYSTEM
A. Subbase Fuel Tank: Provide a subbase fuel tank meeting the following:

1. 2.

Provide UL listed tank with secondary containment rupture basin.

Construction: Reinforced steel channel system with minimum thickness of 7 gauge for channels and 12 gauge for tank construction.

3. 4.

Provide tank baffle to separate hot fuel return from cooler supply fuel.

Provide the following connections:
a. 1.25 inch minimum vent; CONTRACTOR to pipe vent to outside any room or enclosure containing the generator set; use schedule 40 black steel pipe for vent.
b. 2 inch minimum fill connection.
c. 2 inch minimum fuel storage level gauge.
d. 1.25 inch minimum low fuel level alarm; provide level switch and connect to control panel.

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e. 0.5 inch minimum fuel supply with dip tube.
f. 0.5 inch minimum fuel return with dip tube.

5. 6.

7. Provide rupture basin level switch and alarm.

Provide interior coating system as recommended by the manufacturer.

Provide exterior coating as recommended by the manufacturer.

B. Fuel Filters: Size filters for 10 percent above the engine fuel pump capacity:

1. 2.

3. Provide water/fuel separator.

Provide primary fuel filter.

Provide secondary fuel filter.

C. Engine Fuel Pump: Provide engine-driven fuel pump.

D. Minimum Subbase Fuel Tank Storage Capacity:

1. 2.

Lift Station LS22: 595 gallons.

Lift Station 29: 765 gallons.

2.05 EXHAUST SYSTEM
A. Exhaust Piping:

1. Type: Schedule 40 high temperature black steel pipe conforming to ASTM A106.

2. Drainage: Slope piping to a drain point and provide drain plug.

B. Exhaust Expansion Joints:

1. Type: Metal with convoluted portion of 0.038 inch thick Type 321 stainless steel; non-convoluted portions of expansion joint to be Type 304 stainless steel, Schedule 10S pipe; provide flanged ends with ASME B16.5, Class 150 bolt hole drilling.

2. 3.

Length: Minimum of 18 inches in length.

Movement: Rated for a minimum of 1 inch lateral movement, and 1/2 inch axial movement; rated movement defined as plus or minus travel from neutral or free position.

4. Design Life: Infinite cycle life with 1,200 degrees Fahrenheit exhaust, no insulation over the expansion joint, and continuous duty service.

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5. Insulation: Insulate expansion joints with custom fitted, removable with reusable fastening system, ceramic fiber insulation blankets enclosed between inner and outer high temperature fabric cover rated for 1,200 degrees Fahrenheit continuous duty; do not insulate expansion joints directly connected to turbocharger outlet.

C. Exhaust Silencer:

1. Type: Heavy duty industrial type fabricated of welded steel with ported tubes and snubbing chambers, and a rating meeting the specified sound attenuation.

2. 3.

End Connections: Steel flanges with Class 150 pound drilling pattern.

Shell: Sufficiently heavy and reinforced to eliminate excessive vibration, stress or deflection and to support all operating loads with the silencer at elevated temperatures and insulated as specified; loads include insulation weight and connecting piping.

4. 5.

Drain: Provide threaded, plugged condensate drain.

Sound Attenuation: Attain the following minimum sound attenuation at the listed octave band center frequencies with the engine at full load:

Frequency (Hz) 63 125 250 500 1,000 2,000 4,000 8,000
39 42 42 40 38 38 38 38Attenuation (dB)

2.06 WEATHERPROOF ACOUSTICAL HOUSING
A. Type: Provide aluminum non-walk-in type engine-generator enclosure to protect engine, generator, starting system, batteries and other specified accessories from weather exposure. Enclosure shall meet specified seismic criteria and wind gusts up to 100 mph.

B. Enclosure shall be designed to allow easy maintenance and fitted with 316 stainless steel lockable latches, hinges and door hardware.

C. Finishing: Enclosure shall be provided with manufacturer’s recommended highest quality available coating option for usage in locations subject to sea air.

D. Noise Reduction: Provide acoustical insulation and acoustical enclosure ventilation louvers and fan discharge silencers as necessary to achieve a maximum measured sound pressure level (dBA) of 70 dBA when measured at 23 feet from the enclosure; protect acoustical insulation with perforated metal covers and plastic bagging to prevent damage from abrasion or weather elements.

2.07 ENGINE – GENERATOR CONTROL SYSTEM
A. Manufacturer: Control system shall be generator system manufacturer’s recommended standard, mounted within interior of engine generator weatherproof enclosure.

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B. Switches, Alarms and Monitors: Provisions for external, hardwired signal connections for automatic starting/stopping and minimum of ten (10) dry contacts for remote alarm and status signals related to the engine generator system. Three (3) of the ten (10) programmable dry contacts shall be factory-programmed for the following remote signal connections to the pump station control system:

1. Generator Running indication.

2. Generator Failure alarm.

3. Low Fuel Level alarm.

4. Generator Ready (In Auto) indication.

C. Remote starting and of each standby power system generator shall be provided from the respective lift station automatic transfer switch (ATS) via a normally-open dry contact located at the ATS. When the standby power system is in the “Automatic” mode, closure of the normally-open, remote ATS contact shall start the generator and it shall continuously operate until the remote ATS contact opens.

Upon opening, the generator shall enter cool-down mode.

D. Fuel level (high and low level), fuel level indication (in gallons) and fuel tank leak alarm shall be factory-wired to the manufacturer’s control panel with the capability to program the remote dry contacts for the alarm signals.

E. On-Board Circuit Breaker: Provide each generator with a main line, skid-mounted molded-case circuit breaker, 3-phase, system voltage as specified, 100% rated, rated 65kAIC minimum with continuous ampacity rating as recommended by the Supplier for continuous, full-load operation of each engine generator unit. Each circuit breaker shall be provided with an electronic trip unit with long-time and short- time field-adjustable settings.

2.08 STANDBY POWER SYSTEM OPERATION
A. Provide control devices and logic to sequentially start, operate, control, test, and stop each generator system as described. Coordinate control system design so that upon receipt of a remote, hardwired “Run” command from the District’s facilities (i.e. normally-open dry contact held closed when “Run” signal is activated), power is automatically supplied by the generator and upon loss of the remote “Run” signal, the generator system shall automatically enter its cool-down mode and shut down upon expiration of cool-down.

B. Engine Start Sequence:

1. Engine shall not start if any of the safety shutdown circuits have been tripped and not cleared and reset.

2. Automatic Engine Start Sequence:
a. Initiated by a remote signal from the lift station facilities. b. Starter Motor: Automatically crank the engine for adjustable times.

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C. Emergency Shutdown Sequence: Engine shall shutdown immediately if the emergency stop button is activated, or any of the specified shutdowns activate.

D. Normal Shutdown Sequence: Local “Stop” signal or loss of remote “Run” signal shall cause the engine to run unloaded for an adjustable cool-down period and then stop.

2.09 STANDBY GENERATOR EQUIPMENT SKID
A. Skid Requirements: Mount the engine, generator, radiator and specified accessories on a common heavy-duty fabricated steel skid.

B. Skid Construction: Fabricated steel skid to consist of a rigid welded frame of wide flange members or rails on each side.

C. Vibration Isolators: Mount skid on spring or rubber-type isolators having telescopic top and bottom housing with vertical stabilizers to resist lateral and vertical forces.

1. Isolator Construction: Shatterproof ductile iron in accordance with ASTM A 536, Grade CS-45-12.

2.10 ACCESSORIES
A. Starting System: Provide a 12-volt (LS22) and 24 volt (LS29) direct current electric starting system with positive engagement drive.

1. Batteries: Provide a 12-volt (LS22) and 24 volt (LS29) absorbent glass mat (AGM) battery set of the heavy-duty diesel starting type; sufficient capacity for a minimum of 120 seconds total cranking time without recharging.

2. Battery Rack: Provide a battery rack with necessary cables and clamps; provide a cover constructed of aluminum angles and mesh to prevent dropped items from touching the battery poles; provide latches to allow quick removal of the cover from the rack.

3. Battery Charger: Provide UL approved current limiting battery charger to automatically recharge the batteries:
a. Charger to float at 2.17 volts per cell and equalize at 2.33 volts per cell. b. Provide charger overload protection.
c. Charger to have silicon diode full wave rectifier, voltage surge suppressors, direct current ammeter, direct current voltmeter and fused alternating current input.
d. Amperage Output: Not less than 10 amperes.

B. Guards: Provide equipment guards as recommended by the Supplier.

C. Crankcase Breather Filter:

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1. 2.

Provide crankcase ventilation system with coalescing filter/trap for blowby; coalescing filter to be replaceable.

When engine manufacturer recommends an open crankcase breather system route outlet of breather filter to outside at 3 inches above grade and away from engine components; provide on breather outlet Nelson "EcoVent" or equal, sized to match engine breather flow.

3. When engine manufacturer recommends a closed crankcase breather system provide integral crankcase pressure regulator with an automatic internal filter bypass and bypass indicator; unit to be Racor Model CCV 4500 or equal.

2.11 FINISHES
A. Engine, Generator, Fuel Storage Tank, Weatherproof Acoustical Enclosure and Other Equipment and Accessories: Shop-finished with manufacturer's premium corrosion resistant coating system, suitable for maximum resistance to corrosive or marine environments; field touch up with same or compatible coating.

2.12 SOURCE QUALITY CONTROL
A. General:

1. 2.

Provide notification of all work performed at the standby generator equipment manufacturer’s facilities. Provide safe access to all areas where work to be inspected is being performed.

The supplier shall perform functional unwitnessed testing of the generator in a factory demonstration test (FDT) prior to shipment. Assembly of fuel storage base tank and weatherproof enclosure shall not be required for factory witness testing by the supplier.

Provide the District with one (1) month advanced written notification of the proposed date for the testing described in this Section.

3. The manufacturer shall provide load banks, fuel, test equipment, labor, materials, and all other consumables, equipment, and services required for all factory testing.

B. Factory Testing:

1. Perform the following load tests using a 0.8 pf load bank:
a. Test the diesel engine-driven generator at 0.8 pf, at both full load and no load.
b. Static test, 100% block load test at rated kW and 0.8 pf. c. Transient test, four equal load steps up to rated kW and 0.8 pf. d. 8-hour load test, with two hours at each 25 % load step, with the following data recorded at 15-minute intervals:

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1) Ambient air temperature and barometric pressure.
2) Engine oil temperature and pressure.
3) Engine oil filter differential pressure.
4) Fuel consumption rate.
5) Fuel pressure.
6) Engine coolant temperature.
7) Exhaust gas temperatures.
8) Generator speed, individual phase currents, individual phase voltages, three-phase kVAR, three-phase kW and overall power factor.
e. Vibration testing
1) Horizontal, vertical, and axial vibration measurements at each engine and generator bearing at 100 % load.

C. Punchlist:

1. Compile a punch list of corrective items noted during factory witness testing.

Submit the original punchlist, along with a point-by-point description of how each punch list comment was addressed and resolved.

2.13 AUTOMATIC TRANSFER SWITCH (LIFT STATION LS29)
A. Supply new automatic delayed transition transfer switch (ATS) and associated microprocessor-based control module.

B. Switch Ratings: As indicated on the Drawings.

C. Provide one (1) spare microprocessor controller (in addition to new microprocessor controller provided installed with new automatic transfer switch).

D. Provide one (1) spare extension harnesses for ATS provided. Spare harness shall be in addition to new harness installed in new automatic transfer switch provided.

E. New ATS shall consist of a power transfer switch unit which shall be provided in an outdoor, NEMA 3R, painted steel free-standing enclosure, ANSI 61 Gray.

F. Provide new ATS enclosure and compartment with Fluke Model FLK-075-CLKT (no equal) “fisheye” viewports to allow for infrared scanning of the internal ATS components with the enclosure door in the closed position.

G. Provide new automatic transfer switch with microprocessor-based ATS control module and all required interconnection wiring harness accessories for connections between ATS and control module.

Standby Power System Equipment – Lift Stations
16233B-30
Foster City/EMID
CIP 405-755
January 2024-DRAFT

6.10 Attachment 2 - Pre-purchase Package

405

H. ATS shall transfer the load in delayed transition (break-before-make) mode.

Transfer is accomplished with a user-defined interruption period in both directions adjustable from 1 second to 5 minutes in at least 15 increments.

I. Submittals:

1. ATS and associated control module catalog information which includes specific ratings and features “arrowed” for clarity.

2. Custom-developed interconnection wiring diagram which indicates specific point-to-point wiring requirements between ATS, control module, standby generator control panel and PLC equipment. Diagram shall include terminal block numbers and unique wiring identification numbers to be used for all new wiring. “Partial” wiring diagrams which do not show complete end-to-end field wiring connections are not acceptable.

3. ATS installation and start-up instructions.

4. ATS maintenance and repair manual. Manual shall include periodic maintenance and testing recommendations, lubrication recommendations, etc.

J. Manufacturer: Asco 7000 Series, Type “ADTS” (no equal to match District’s similar, installed equipment).

K. A transfer switch manufacturer certified field technician shall visit the site where new ATS equipment is provided to inspect the new ATS installation and provide pre- energization set-up of the equipment. A minimum of eight (8) hours presence at the site where new ATS equipment is installed shall be included, not including travel time to and from the site.

PART 3 EXECUTION

3.01 SITE DELIVERY INSPECTION AND HANDLING
A. When offloading or moving delivered standby power system equipment with a crane or hoist that shall be performed by Others, lifting lugs near the top of the equipment shall be utilized. A spreader bar shall be used to hold the lifting cables apart to avoid any bending of the structure or lifting lugs. Supplier’s representative shall supervise the standby power system equipment rigging during off-loading and provide recommendations for proper lifting, in accordance with the requirements of the O&M manual.

B. A supplier’s representative shall be present at each delivery site when each delivery of standby power system equipment is delivered to assist the District with visual inspection of the delivered equipment and materials. Visual inspection shall include:

1. 2.

External dents, scratches, or similar damage.

Corrosion.

Standby Power System Equipment – Lift Stations
16233B-31
Foster City/EMID
CIP 405-755
January 2024-DRAFT

6.10 Attachment 2 - Pre-purchase Package

406

3. Internal damage to equipment housings, panels or accessory items.

C. Following visual inspection of each standby power system equipment delivery by the supplier’s representative and the District, any deficiency items shall be noted.

Depending on the degree of any noted deficiency items, the supplier’s representative and District shall mutually agree upon a course of corrective action that shall be taken by the manufacturer to resolve the deficiency, including return of the delivered equipment to the manufacturer’s facility if warranted, at no additional cost to the District.

D. The supplier’s field installation personnel shall be on-site upon delivery of the fuel storage base tank, standby generator skid and generator enclosure for supervision of offloading of this equipment from the delivery truck directly to the concrete equipment pad where the equipment will be permanently located. As this equipment is placed on the concrete equipment pad, the supplier’s field installation personnel shall assemble the delivered equipment and components until all fuel storage tank, standby generator and weatherproof enclosure installation is complete.

3.02 FIELD TESTING, SYSTEM START-UP AND COMMISSIONING
A. Field Testing – Engine Generator Systems Including Completed Weatherproof Enclosure and Subbase Fuel Tank Installation: Test each engine generator system as a complete unit together with subsystems. The test program shall include the following functions:

1. All field testing shall be witnessed by the District.

2. Accepted Operations and Maintenance Manuals and testing session documentation shall be submitted to the District for review a minimum of four (4) weeks prior to scheduled field testing of the complete standby power systems.

3. Field NETA testing of the on-board engine generator circuit breaker shall be performed by the District’s Installation Contractor. Any deficiencies found during this testing shall be corrected by the supplier at no additional cost to the District. All costs associated with subsequent field NETA testing that shall be required due to circuit breaker repair or replacement shall be the responsibility of the Supplier.

4. All travel and subsistence costs for supplier’s field technician site visits shall be included in the supplier’s quotation. If field testing is unsuccessful due to issues related to the supplier’s equipment then the supplier shall be responsible for all costs related to subsequent site visits that may be required until successful field testing, start-up and commissioning is completed.

5. The District’s installation Contractor shall defer main power connections from the supplied standby generator to the respective lift station power system to permit the supplier’s connection of a temporary, portable load bank for start-up and field testing purposes. The supplier shall be responsible for procuring the temporary load bank to the project site, providing all required temporary Standby Power System Equipment – Lift Stations
16233B-32
Foster City/EMID
CIP 405-755
January 2024-DRAFT

6.10 Attachment 2 - Pre-purchase Package

407

connection cables and connecting/disconnecting the temporary load bank to the generator equipment.

6. Initial start-up and operation of the standby power system shall be performed by the supplier’s field technician with assistance from the District’s installation Contractor.

7. 8.

District shall notify the supplier of the proposed field testing date(s) four (4) weeks in advance of the proposed date(s) of equipment testing.

Supplier’s field technician shall inspect each completed standby power system installation to confirm that the installation is correct and that the system is ready for start-up and commissioning.

9. Verification that each subsystem is complete and functions according to design criteria; include measurements of temperatures, pressures, and flows for all components.

10. Individual testing of each protective device and verification of the accuracy of instrumentation set points.

11. With the generator temporarily connected to the temporary, portable load bank system, the supplier’s field technician shall operate the standby power system from 0 to maximum 100 percent load, starting at no load and increasing in increments of 25 percent; check at each load point to verify stable operation, fuel consumption (measure fuel consumption approximately by measuring supply tank drawdown), engine performance, and generator performance.

The standby power system shall be load tested continuously for a minimum of four (4) hours.

12. Performance of full load transient tests to verify that voltage and frequency transient characteristics are within the supplier’s recommended values.

13. Verification that equipment is free of all vibrations throughout operating range.

14. Provide written report including raw test data, calculated values and a certification that all values are normal and within specifications and that each unit is ready to be placed into service.

15. Measure radiator performance at full load including air flow, air inlet temperature and air outlet temperature.

16. After successful completion of the supplier’s field start-up and testing, the supplier shall disconnect and remove the temporary, portable load bank from the project site and the District’s installation Contractor shall connect the permanent power connections between the new standby power system and the respective lift station power distribution system.

17. Supplier shall provide the services of a field technician certified by the automatic transfer switch manufacturer for pre-energization inspection, configuration and initial start-up of the new automatic transfer switch equipment.

Standby Power System Equipment – Lift Stations
16233B-33
Foster City/EMID
CIP 405-755
January 2024-DRAFT

6.10 Attachment 2 - Pre-purchase Package

408

18. District shall notify the supplier of the proposed field commissioning date(s) four (4) weeks in advance of the proposed date(s) of standby system commissioning for each individual lift station site.

19. Supplier’s field technical personnel shall provide on-site final commissioning of each standby power system. With assistance from the District and District’s installation Contractor, facility power loss simulation shall be conducted to ensure that the standby power system responds and operates properly. The supplier’s field technician shall perform system adjustments and/or minor corrections to the system equipment and components as required until a minimum of three (3) flawless, consecutive functional tests of the standby power system are achieved.

20. Upon successful completion of on-site commissioning of each standby power system, the supplier shall provide written confirmation of that the field commissioning has been successfully completed and the system is ready to be placed into normal operation. The date when this written notice is received shall trigger the start of the standby power system warranty specified herein.

3.03 SYSTEM DRAWINGS
A. Attached are system drawings which indicate how the supplied standby power system equipment shall be incorporated into each lift station power and control system.

END OF SECTION
Standby Power System Equipment – Lift Stations
16233B-34
Foster City/EMID
CIP 405-755
January 2024-DRAFT

6.10 Attachment 2 - Pre-purchase Package

409

Drawings

6.10 Attachment 2 - Pre-purchase Package

410

DATE: 11/06/2023

AS NOTED
RO

DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE

DATE SHEET

EMID EMERGENCY GENERATOR REPLACEMENT PROJECT

TITLE SHEET
SCALE: 11/06/2023
C-01DESIGNED:

DRAWN: RO
JOB NO.CHECKED:

PROJ. ENGR:

MQ CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
JJT 144 North San Mateo Drive San Mateo, CA 94401 FOSTER CITY, CALIFORNIA 342001(650)344-9901 www.freyerlaureta.com

6.10 Attachment 2 - Pre-purchase Package

411

S YM B O LS AB B R E VIATIO N S
DATE: 11/06/2023

AS NOTED
RO

DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE

DATE SHEET
EMID EMERGENCY GENERATOR REPLACEMENT PROJECTSCALE: 11/06/2023 C-02DESIGNED:

DRAWN: RO SYMBOLS AND ABBREVIATIONS

FOSTER CITY, CALIFORNIA
JOB NO.CHECKED:

PROJ. ENGR:

MQ CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
JJT 144 North San Mateo Drive San Mateo, CA 94401 342001(650)344-9901 www.freyerlaureta.com

6.10 Attachment 2 - Pre-purchase Package

412

OR APPROVED EQUAL

OR APPROVED EQUAL
DATE: 11/06/2023

AS NOTED
RO

DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE
DATE
11/06/2023
SHEET

EMID EMERGENCY GENERATOR REPLACEMENT PROJECT
CORPORATION YARD PUMP STATION 59 - PROPOSED SITE PLAN

FOSTER CITY, CALIFORNIA
SCALE:

C-03DESIGNED:

DRAWN: RO
JOB NO.CHECKED:

PROJ. ENGR:

MQ CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
JJT 144 North San Mateo Drive San Mateo, CA 94401 342001(650)344-9901 www.freyerlaureta.com

6.10 Attachment 2 - Pre-purchase Package

413

OR APPROVED EQUAL
DATE: 11/06/2023

AS NOTED
RO

DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE
DATE
11/06/2023
SHEET
EMID EMERGENCY GENERATOR REPLACEMENT PROJECTSCALE:

C-04DESIGNED:

DRAWN: RO LIFT STATION 22 - PROPOSED SITE PLAN

FOSTER CITY, CALIFORNIA
JOB NO.CHECKED:

PROJ. ENGR:

MQ CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
JJT 144 North San Mateo Drive San Mateo, CA 94401 342001(650)344-9901 www.freyerlaureta.com

6.10 Attachment 2 - Pre-purchase Package

414

OR APPROVED EQUAL

OR APPROVED EQUAL
DATE: 11/06/2023

AS NOTED
RO

DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE

DATE SHEET

EMID EMERGENCY GENERATOR REPLACEMENT PROJECT
LIFT STATION 29 - PROPOSED SITE PLAN

FOSTER CITY, CALIFORNIA
SCALE: 11/06/2023
C-05DESIGNED:

DRAWN: RO
JOB NO.CHECKED:

PROJ. ENGR:

MQ CIVIL ENGINEERS SURVEYORS CONSTRUCTION MANAGERS
JJT 144 North San Mateo Drive San Mateo, CA 94401 342001(650)344-9901 www.freyerlaureta.com

6.10 Attachment 2 - Pre-purchase Package

415

CORPORATION YARD
EXISTING FACILITY PLC NEW AUTOMATIC TRANSFER SWITCH 1,000kW / 1,250kVA, 480V, 30, 60 HZ (NOT INCLUDED IN SCOPE OF SUPPLY) ꢀ---
1600A, 480V, 30, 60 HZ, SOLID UTRAL
N

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CB ꢂ
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EXISTING SWITCHBOARD
(NOT INCLUDED IN SCOPE OF SUPPLY)
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30 ꢇꢈꢉꢉꢊꢋ ꢍ ꢍ E M
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CORPORATION YARD STANDBY POWER SYSTEM
DATE:

SCALE:

DESIGNED:

DRAWN:

CHECKED:
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NO SCALE
TB
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DESCRIPTION

PRE-PURCHASE DESIGN PACKAGE
DATE
2126/2024
GIPP 455-705 EMID

EMERGENCY GENERATOR REPLACEMENT PROJECT
SHEET
ꢀFREYE
ꢁLAURE
E-01ꢀeecher
Ingineering, Inc.

CORPORATION YARD

STANDBY POWER SYSTEM

FOSTER CITY, CALIFORNIA
JOB NO.

CIVIL ENGINEERS· SURVEYORS· CONSTRUCTION MANAGERS
150 Executive Park Blvd Suite 4200 San Francisco. CA 94134 (415) 534-7070 ꢀꢁfꢂeyeꢂꢃꢄꢅꢆeꢇꢄꢈcom 342001PROJ. ENGR: JJT • • •

6.10 Attachment 2 - Pre-purchase Package

416

LIFT STATION LS22
NE

W STANDBY GENERATOR
124kW / 155kVA, 120/208V, 30, 60 HZ

EXISTING FACILITY PLC
E

XISTING AUTOMATIC TRANSFER SWITCH

CLUDED IN SCOPE OF SUPPLY NOT INCLUDED IN SCOPE OF SUPPLY CB
(NOT IN ) ( )
ꢀ
ꢀ ꢁꢂ
208V1 +
ꢀ---
30 ATS IN NORMAL POSITION {
{
AT
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ꢀ ꢂ
INDI
CATION

MERGENCY TERMINALSJ
1 ꢀ
ꢀ ꢂ
(
E
)
ꢀ---
ꢁꢂꢂꢂ

ATS IN NORMAL POSITION
AT

S IN EMERGENCY POSITION

CATION J
INDI
-ꢃꢀ
----ꢃꢀ
START/STOP COMMAND { -----
ꢁꢂꢂꢂ
=-
ꢀ----- ---7
ꢁ---
GENERATOR READY(IN AUTO) {
INDI
CATION ꢀ
{ ꢁꢂꢂꢂ
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-------------------------------------------------------- ------------------------------ --