Agenda packet — Foster City City Council, May 20, 2024 (part 1 of 3)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.2. A Resolution of the City Council of the City of Foster City Directing That the LGBTQIA+ Progress Pride Flag Be Flown from June 1, 2024 Through June 30, 2024 in Recognition of Pride Month Pursuant to the City Hall Flag Display Policy
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals (RFP) for OnCall Professional Consult Services to Augment Building Division Staff of Community Development Department and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Contract Amendment No. 1 for an Additional Amount of $89,000 with 4LEAF, Inc and Extension of Agreement Term for OnCall Professional Building Services with 4LEAF, Inc. and Find the Contract Amendment Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to McGrath RentCorp DBA Mobile Modular Management Corporation for the Construction of the Recreation Center Replacement Project (CIP 301678) (CEQA STATUS: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project) a) Staff Report
b) Adopt Resolution

6.6. 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 301712) and Finding the Project Exempt from CEQA Under Section 15061(B)(3) And 15301(C) – Existing Facilities
a) Staff Report
b) Adopt Resolution

6.7. 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 301716 Street Rehabilitation and Park Pathway Restoration Project (20232024) and Finding the Project Exempt from CEQA Under Section 15061(B)(3) And 15301(C) – Existing Facilities
a) Staff Report
b) Adopt Resolution

6.8. 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 (PCE) for Member Agency Energy Grant Towards the Photovoltaic System for the Recreation Center Rebuild Project (CIP 301678), 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)
a) Staff Report
b) Adopt Resolution

6.9. 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
a) Staff Report
b) Adopt Resolution

6.10. 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 455705 Emergency Generator Replacements Project and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Class 2 – Replacement or Reconstruction
a) Staff Report
b) Adopt Resolution

6.11. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 1 – January Through March 2024
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT
The public is invited to attend.

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

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

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.6. 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.

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.6. 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.

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.6. 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.

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.6. 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.

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of May 1925, 2024 as “National Public Works Week”

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Regular Meeting Minutes of May 6, 2024

6.6. 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.

7. STUDY SESSION

7.1. Review of Preliminary Budget for Fiscal Year 202425 and FiveYear Financial Plan for FY 202425 to FY 202829
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Report on Business License Tax Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

6 (llroc{amation
oftlie
City of Poster City, Ca{ifomia
"National Public Works Week"
May 19-25, 2024
WHEREAS, Public Works services provided in our community are an integral part of our community's everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, sewers, streets and highways, bridges, lagoon management, solid waste collection, storm water pollution prevention, facilities and vehicle maintenance, engineering, and traffic management; and WHEREAS, many of the workers and services are considered essential, and the health, safety and comfort of this community greatly depends on these facilities and services, and the efforts and skills of dedicated Public Works employees; and WHEREAS, the Public Works staff work tirelessly behind the scenes to ensure the design, construction, operation and maintenance of these facilities work smoothly without interruptions; and
WHEREAS, 2024 marks the 64th annual National Public Works Week with the theme "Advancing Quality of Life for All," illustrating how Public Works professionals contribute to and enhance the quality of life in all the communities they proudly serve.

NOW, THEREFORE, I, PATRICK SULLIVAN, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, do hereby proclaim May 19-25, 2024, as "National Public Works Week" in the City of Foster City and call upon all residents and civic organizations to acquaint themselves with the Public Works Department and to recognize the contributions which public works personnel make each day for our health, safety, welfare_ , comfort, and quality of life in Foster City.

IN WITNESS WHEREOF, I have hereunto set
my hand and have caused the official seal of the
City of Foster City to be affixed this 20th day of
May, two thousand twenty-four A.O.

PATRICK SULLIVAN, MAYOR

4.1 4.1 Proclamation

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 6, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 6, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Tracy Avelar, Police Chief; Waqas Hassan, Assistant Finance Director; James Atkins, Senior Planner; Frank Fanara, Parks Manager; Vanessa Brannon, Senior
Management Analyst; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING MAY 2024 AS “ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH”
Councilmember Kiesel presented the proclamation declaring May 2024 as “Asian American and Pacific Islander Heritage Month” to Steve Okamoto, representing the San Mateo Asian Pacific Islander Caucus.

6.1 6.1 Minutes

8 PROCLAMATION RECOGNIZING MAY 2024 AS “JEWISH AMERICAN HERITAGE MONTH”
Councilmember Froomin presented the proclamation recognizing May 2024 as “Jewish American Heritage Month” to Natasha Kehimkar, representing the Jewish Community Relations Council.

Jordan Shenker addressed the City Council in person.

PROCLAMATION RECOGNIZING MAY 2024 AS “MENTAL HEALTH MONTH” Mayor Sullivan presented the proclamation recognizing May 2024 as “Mental Health Month” to Frieda Edgette, representing the San Mateo County Behavioral Health Commission.

PROCLAMATION DECLARING THE WEEK OF MAY 12-18, 2024 AS “NATIONAL POLICE WEEK” AND MAY 15, 2024 AS “PEACE OFFICERS’ MEMORIAL DAY” Councilmember Hindi presented the proclamation declaring the week of May 12-18, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day” to Police Sergeant Grimaldi.

PUBLIC
Annette Carter addressed the City Council via email regarding an email list for the SIAL China – Asia’s Food Marketplace 2024.

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

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of March 25, 2024;

2. City/EMID Regular Meeting Minutes of April 15, 2024;

3. City Ordinance No. 678, “An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024);”

6.1 6.1 Minutes

9 4. City Resolution No. 2024-33, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement;”

5. City Resolution No. 2024-34, “A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional Two-Year Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA);”

6. City Resolution No. 2024-35, “A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327-657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012);” and

7. City Resolution No. 2024-36, “A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline.”

ITEM REMOVED FROM CONSENT
AMENDING TITLE 15 BUILDING AND CONSTRUCTION AND TITLE 17 ZONING OF THE FOSTER CITY MUNICPAL CODE, BY REPEALING CHAPTER 15.12 SIGN CONTROL AND REPLACING IT WITH A NEW CHAPTER 17.59 SIGN CONTROL AND

FINDING AMENDMENTS EXEMPT FROMM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0004 (FIRST READING ON APRIL 15, 2024). CITY ORDINANCE NO. 679.

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

Discussion ensued.

Motion by Vice Mayor Jimenez, seconded by Councilmember Kiesel, and carried, 4-1-0, Councilmember Froomin voted “no”, adopting City Ordinance No. 679, “An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter 17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-0004 (First Reading on April 15, 2024).”

6.1 6.1 Minutes

10 REPORTS
CITIZENS SUSTAINABILITY ADVISORY COMMITTEE 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, 2023 ACCOMPLISHMENTS, AND GOALS FOR 2024. MINUTE ORDER NO. 1974.

Senior Management Analyst Brannon introduced Citizens Sustainability Advisory Committee Chair Marah Curry and Co-Chair Siddharth Gogi, who presented the 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1974, to receive and accept the Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024.

RESOLUTIONS FOR ADOPTION

ADOPT A GENERAL FUND RESERVE POLICY THAT ESTABLISES A MINIMUM RESERVE THRESHOLD OF 50% OF BUDGETED ANNUAL OPERATING
EXPENDITURES. CITY RESOLUTION NO. 2024-37. EMID RESOLUTION NO. 3756.

Assistant Finance Director Hassan presented the staff report.

Discussion ensued.

Motion by Mayor/President Sullivan, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-37 and EMID Resolution No. 3756, “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures.”

APPROVE A LICENSE AGREEMENT WITH THE ISLAND UNTED CHURCH (IUC) FOR USE OF SPECIFIC PROPERTY AT 1130 BALCLUTHA DRIVE FOR A PILOT

COMMUNITY GARDEN PILOT PROGRAM, APPROVE AN APPROPRIATION FROM THE COMMUNITY BENEFITS FUND IN THE AMOUNT OF $22,900 TO DEVELOP THE

LOCATION, AND APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH

THE FOSTER CITY COMMUNITY GARDEN ASSOCIATION (FCCGA), IUC AND THE

CITY OF FOSTER CITY RELATING TO THE CREATION AND OPERATION OF THE COMMUNITY GARDEN; AND FINDING ACTIONS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFONIA ENVIRONMENTAL QUALITY ACT (CEQA). CITY RESOLUTION NO. 2024-38.

6.1 6.1 Minutes

11 Parks and Recreation Director Schweigart presented the staff report.

Yvonne Ryzak addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-38, “A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)” with an amendment to the MOU to include a non- discrimination policy.

AUTHORIZING THE AWARD OF AN AGREEMENT FOR PROFESSIONAL SERVICES

WITH WRT DESIGN, LLC FOR THE DEVELOPMENT OF A PARKS MASTER PLAN (CIP 301-682) IN AN AMOUNT NOT-TO-EXCEED $419,949, APPROVE A PROJECT CONTIGENCY OF $41,995, AUTHORIZE A TRANSFER OF $95,303 FROM GENERAL FUND (FUND 001) TO CITY CAPITAL PROJECTS FUND (FUND 301), AND AUTHORIZE A BUDGET APPROPRIATION OF $95,303 TO 301-0910-682-4251. CITY RESOLUTION NO. 2024-39.

Parks and Recreation Director Schweigart presented the staff report.

Evan Adams, representing the Foster City Historical Society, addressed the City Council via email.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried, 3-1- 1, Councilmember Kiesel voted “no” and Mayor Sullivan abstained, adopting City Resolution No. 2024-39, “A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301-682) in an Amount Not-to Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301-0910-682-4251.”

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

6.1 6.1 Minutes

12 City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin shared a story in appreciation of the bravery and sacrifices of our police officers in light of National Police Week and National Peace Officer’s Memorial Day.

Councilmember/Director Kiesel stated he attended the Progress Seminar hosted by Chamber San Mateo County on April 19-21.

Councilmember/Director Froomin stated on April 27, he attended Rethink Waste’s Earth Day event and Foster City’s Earth Day, Every Day Faire. On April 28, he attended a fundraiser at Aragon High School hosted by the San Mateo-Foster City Education Foundation. On April 29, he paid a visit to the Foster City Employee Art Show at the Recreation Center. On April 30, he attended Supervisor Corzo’s Strategic Plan Presentation for San Mateo County District 2.

Vice Mayor/Vice President Jimenez encouraged the public to visit the Employee Art Show at the Recreation Center. She stated that May 17 is Bike to Work day and encouraged everyone to bike to work if possible. She shared that San Mateo County is hosting a Commuter Challenge where individuals can pledge to take alternative modes of commuting on Commute.org and win prizes.

Councilmember/Director Hindi stated he attended the Chamber San Mateo County Progress Seminar on April 19-21. On April 23, he attended the Grand Opening event of Erik’s Deli. On April 26, he attended the Council of Cities meeting in San Carlos. On April 27, he attended the Earth Day, Every Day Faire. On April 30, he attended Supervisor Corzo’s Strategic Plan Presentation.

Mayor/President Sullivan stated he attended the Chamber San Mateo County Progress Seminar on April 19-21. On April 23, he attended the Erik’s Deli Grand Opening. On April 25, he attended the City/County Association of Governments (C/CAG) Airport Land Use Committee meeting. On April 26, he attended the Council of Cities meeting in San Carlos.

On April 27, he attended the Earth Day, Every Day Faire.

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

1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

6.1 6.1 Minutes

13 2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)

3. Report Out from Closed Session
Meeting recessed into Closed Session at 8:33 pm and reconvened at 9:04 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:04 p.m.

6.1 6.1 Minutes

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DATE: May 20, 2024

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

FROM: Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: DIRECTING THAT THE LGBTQIA+ PROGRESS PRIDE FLAG BE FLOWN FROM JUNE 1, 2024 THROUGH JUNE 30, 2024 IN

RECOGNITION OF PRIDE MONTH PURSUANT TO THE CITY

HALL FLAG DISPLAY POLICY

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution directing that the LGBTQIA+ Progress Pride Flag be flown in recognition of Pride Month pursuant to the City Hall Flag Display Policy beginning June 1, 2024 and continuing through June 30, 2024.

EXECUTIVE SUMMARY
On June 3, 2014, the San Mateo County Board of Supervisors unanimously approved a resolution to establish the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+) Commission as the State of California’s first county or city commission focused on the needs of the LGBTQIA+ community. The San Mateo County LGBTQIA+ Commission’s mission is cultivating San Mateo County as a welcoming and safe environment where its LGBTQIA+ community members can thrive.

In 2020, the San Mateo County LGBTQIA+ Commission initiated its Pride Month Visibility Campaign and invited all cities and communities in San Mateo County to support the LGBTQIA+ community by recognizing Pride Month (June of each year).

Starting in 2021, all 20 cities in San Mateo County, including the City of Foster City,

6.2 6.2 Staff Report

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4 8
have continued to issue a Proclamation and raise the Pride Flag in the month of June.

Due to the success of the countywide campaign and increased participation of cities and communities to achieve the goal of supporting LGBTQIA+ visibility and inclusion, the LGBTQIA+ Pride Month Visibility Campaign continues to be held on an annual basis. To ensure Foster City’s participation in this campaign that seeks to promote diversity and inclusivity throughout the community, it is recommended that the City Council adopt the attached resolution directing that the LGBTQIA+ Progress Pride Flag be flown in recognition of Pride Month pursuant to the City Hall Flag Display Policy.

BACKGROUND/ANALYSIS
On May 6, 2024, the City received a request from the San Mateo County LGBTQIA+ Commission to recognize June 2024 as “LGBTQIA+ Pride Month” (Attachment 2).

Similar to last year, the request for support includes issuance of a Pride Month Proclamation and raising of the LGBTQIA+ Flag during the month of June 2024. For the third year, the LGBTQIA+ Commission request specified that the LGBTQIA+ Progress Pride Flag be flown during Pride Month (rather than the traditional Pride Flag).

The traditional Pride Flag (Rainbow Flag) has been part of the LGBTQIA+ movement since 1978, designed by Gilbert Baker at the request of Supervisor Harvey Milk (the first openly gay man to be elected to public office in the United States, specifically on the San Francisco Board of Supervisors). The LGBTQIA+ community and allies use the traditional Pride Flag as an outward symbol of their identity or to support the LGBTQIA+ community.

In 2018, Daniel Quasar, a non-binary artist and graphic designer, created the LGBTQIA+ Progress Pride Flag (Attachment 3) as a variation of the rainbow pride flag.

Specifically, the Progress Pride Flag incorporates additional colors on the flag to expand the representation of the LGBTQIA+ community, including the transgender community as well as LGBTQIA+ communities of color. Raising the Progress Pride Flag would highlight that Foster City is a leader in the fight for equal rights and strives to protect the rights of all Foster City community members, including the LGBTQIA+ community.

The City Council had previously adopted a City Hall Flag Display Policy on June 15, 2020. The policy states the City Council may, by resolution, direct that commemorative flags be flown in addition to flags of the United States of America, California State Flag, and City Flag. The flying of the flags serves as an expression of the City Council’s official sentiments, and the flags may only be flown on the outdoor flagpole at City Hall.

In response to this request, the City Council can determine if it wishes to express its message of support for the LGBTQIA+ community by displaying the LGBTQIA+

6.2 6.2 Staff Report

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Progress Pride Flag in addition to the United States of America Flag, California State Flag, and Foster City Flag in commemoration of the LGBTQIA+ Pride Month beginning June 1, 2024 through June 30, 2024. If approved, as set forth in the policy, the State Flag would be displayed below the United States of America Flag, the Foster City Flag would be moved to where the State Flag otherwise would have flown (left mast), and the LGBTQIA+ Progress Pride Flag would be flown where the Foster City Flag otherwise would have flown (right mast).

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with the adoption of the attached resolution.

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

Attachment 1 - Resolution
Attachment 2 - San Mateo County LGBTQIA+ Commission Request Attachment 3 – LGBTQIA+ Pride Progress Flag

6.2 6.2 Staff Report

17 2
1 1
2 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY DIRECTING THAT THE LGBTQIA+ PROGRESS PRIDE FLAG BE FLOWN FROM JUNE 1, 2024 THROUGH JUNE 30, 2024 IN RECOGNITION OF PRIDE MONTH PURSUANT TO THE

CITY HALL FLAG DISPLAY POLICY

CITY OF FOSTER CITY
WHEREAS, historically the City has flown the United States Flag, the California State Flag, and a Flag displaying the City’s Seal on the three-pronged flagpole at City Hall; and
WHEREAS, display of flags at City-owned sites is governed by the Foster City Flag Protocol policy, but this policy does not specifically enumerate which flags are to be flown; and
WHEREAS, the United States Flag, California State Flag, and City Seal flags are to be regularly flown outside City Hall; and
WHEREAS, the City Hall Flag poles are not intended to serve as a forum for free expression for the public; and
WHEREAS, the City Hall Flag Display Policy established the process by which the City Council may direct, by resolution, that alternative flags be displayed on the flagpole at City Hall, in addition to the flags of the United States of America, State Flag, and City Flag; and
WHEREAS, the City Council adopted the City Hall Flag Display Policy on June 15, 2020; and
WHEREAS, the City Council may retain control over the messages conveyed on the City Hall Flag poles through the City Hall Flag Display Policy and may express its own viewpoint by choosing which alternative flags, if any, are displayed; and WHEREAS, at the May 15, 2023 City Council Regular Meeting, the City Council adopted a resolution directing that the LGBTQIA+ Progress Pride Flag be flown throughout the month of June in recognition of Pride Month pursuant to the City Hall Flag Display Policy; and
WHEREAS, on May 6, 2024, the City of Foster City received a request from the San Mateo County LGBTQIA+ Commission to recognize June 2024 as “LGBTQIA+ Pride Month,” and specifies that the LGBTQIA+ Progress Pride Flag be flown during Pride Month; and

6.2 Attachment 1 - Resolution

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1 1
2 WHEREAS, the City Council wishes to express its own message of support for the LGBTQIA+ community and join the County of San Mateo to observe Pride Month with the raising of a Progress Pride Flag to honor the history of the LGBTQIA+ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby incorporate the foregoing recitals herein as true and correct.

BE IT FURTHER RESOLVED that the City Council hereby directs that the LGBTQIA+ Progress Pride Flag be flown beginning June 1, 2024 and continuing through June 30, 2024 on the flagpole at City Hall in addition to the regularly flown flags pursuant to the City Hall Flag Display Policy.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

19 From: Bismay Mishra
To: Kevin Ortiz
Cc: Tanya Beat; Foster City City Clerk
Subject: Pride Visibility, Proclamation & Flag Raising for Pride Month 2024 Date: Monday, May 6, 2024 9:16:03 AM
Hi Kevin,
I am one of the commissioners on the San Mateo County LGBTQIA+ Commission. I wanted to reach out to learn about the initiatives and efforts that Foster City (Council) is making to create more visibility and inclusion for the LGBTQIA+ inhabitants of the city. More specifically, I request the issuance of a proclamation for Pride Month and raise the progres Pride flag in June 2024.

I'd be happy to join the city council meeting(s) as a member of the public and share the relevance of visibility, especially in the context of recent events in Half Moon Bay and how it can help provide a sense of safety and support to the residents of Foster city and San Mateo County overall. I see that you have a council meeting today and on Monday, 5/20 - let me know if either of those would be appropriate for me to join and raise this topic.

Please feel free to reach out to me if you have any questions or concerns.

Regards,
Bismay Mishra

6.2 Attachment 2 - San Mateo County LGBTQIA+ Commission Request

20 6.2
Attachment 3 - LGBTQIA+ Progress Pride Flag

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DATE: May 20, 2024

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

FROM: Sofia Mangalam, Community Development Director
Becki Hanan, Management Analyst
DEPARTMENT: Community Development
SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR ON-CALL PROFESSIONAL CONSULTANT

SERVICES FOR THE BUILDING DIVISION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution, authorizing staff to issue a Request for Proposals (RFP) for on-call professional consultant services to augment Building Division staff of the Community Development Department and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
The Community Development Department (CDD) is committed to planning, maintaining, and improving the quality of life and public safety of Foster City in keeping with the vision of the City Council in the General Plan and other measures that reflect the City’s heritage as a Master Planned community. CDD is comprised of the Planning/Code Enforcement and Building Divisions. The Building Division is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations. The Building Division provides permit intake, plan check, and building inspection services to ensure compliance with the California Health and Safety Codes.

6.3 6.3 Staff Report

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The Building Division has a limited staff comprising of six (6) personnel providing services related to building permits and construction activity. Limited staffing poses a significant challenge in providing timely, continuous and uninterrupted building division services. To overcome these challenges, the implementation of on-call inspection and plan review services is proposed. On-call personnel will provide coverage during staff absences, ensuring continuity of services, increased flexibility, cost-effectiveness, and enhanced customer satisfaction.

The Building Division intends to select up to two (2) consulting firms to provide on-call building services under this RFP. Selected firms will be placed on an official list of qualified consultants who will be called upon to provide staffing services, including performing plan checks, inspections and/or permit intakes in response to staff absences, vacant positions, workflow demands and providing quality service to Foster City community.

BACKGROUND
Currently, the Building Division is staffed by one (1) Chief Building Official (currently vacant and is filled by a consultant), one (1) Plan Examiner, two (2) Inspectors, and two (2) Permit Technicians. The staffing levels, although adequate, can present a challenge during staffing vacancies, the amount of time taken to fill a vacant position, and staff absences due to vacation, training, and/or illness. Under such circumstances, staff has to either postpone or reschedule the inspections or delay plan checking, affecting service delivery levels to our customers. Thus, staff determined that adding on-call consulting services to provide continued coverage and ensure that the service is not interrupted would be helpful.

In addition, Assembly Bill 2234 (AB 2234) that came into effect on January 1, 2023, requires that the cities and counties must review building permit applications for completeness within 15 business days and complete an initial review within either 30 business days (for projects of 25 units or less) or 60 working days (for larger projects). If the local agency does not provide notice of a complete or incomplete application within 15 business days, the application will be deemed complete. In addition to AB 2234, there are several other bills that mandate streamlined review and shorter processing timelines including review of Wireless Communications Facilities permits, ADU permits, Solar energy systems, certain housing projects, etc.

The state mandated requirements related to permit streamlining, new construction projects, including Gilead’s new lab building might further strain staff resources and availability, potentially leading to delays and service interruptions. The proposed on-call consultant services to augment Building Division staff on an as-needed basis will help building division to manage workload and meet the demands of new construction projects and ensure consistent and efficient service delivery to the Foster City community including its residents and businesses.

6.3 6.3 Staff Report

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On July 17, 2023, the City Council authorized master services agreements with two (2) selected consultants for professional on-call building services, including West Coast Code (WC3) and 4Leaf Inc., to provide on-call building services in an amount not to exceed $75,000 and without limitation for certain plan check fees that will be payable directly by the applicant. The consultant services have been used for building inspection services and at present are being used for interim Chief Building Official (CBO) position, while the city fills in the permanent CBO position.

Both the agreements with the consultants were for one (1) year and are set to expire on June 30, 2024. Staff determined that it would be helpful to continue engaging on-call consulting services to provide coverage and ensure that the services are not interrupted.

However, staff is recommending the length of the agreement to be for two (2) years instead of one (1) year.

ANALYSIS
The scope of the RFP includes providing as needed on call consultant services for building inspection, plan review services, and permit technician services for various types of buildings, residential and non-residential, including, but not limited to:

1. Building inspections for code compliance. The consultant shall perform building inspection services for a specified number of hours. These services shall include review of all approved plans, specifications and documents, review and respond to all inspection requests and reports, City staff coordination, perform inspections for compliance to applicable codes;

2. Permit Technicians Services for front counter. Consultant shall perform permit process services for a specified number of hours. These services include front counter and phone assistance regarding building permit requirements, plan check fees, plan check filing procedures and processing, permit status, accepting permit applications, calculating, and applying fees, and reviewing plans for conditions of prior approval;

3. Plan Review Services. The consultant shall perform plan review services including the initial plan review and all subsequent re-reviews as necessary for building permit issuance; and

4. Other Staff Augmentation Services.

The draft RFP is included as an attachment #2 to this staff report.

If approved, the RFP will be issued on May 21, 2024, with a due date of June 11, 2024.

City staff will review and evaluate the proposed scope of work, experiences of firm, staffing, experiences of firm, and budget submitted by consultants and will ensure that the proposal meets and fulfills the City’s standards and requirements. Attachment 2 is the proposed Draft RFP that will be issued if the City Council approves this item. Based upon the Scope of Work and Timeline as outlined, an agreement with the prospective consulting firm would be tentatively scheduled for City Council consideration and awarded at its July 1, 2024, meeting.

6.3 6.3 Staff Report

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California Environmental Quality Act
The issuance of an RFP is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
There is no cost associated with the issuance of the RFP. The cost for the consultant services will be brought to the City Council along with the award of the contract at a future meeting in July including a request for budget appropriation from the General Fund for consultant services.

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

Attachment 1 - Resolution
Attachment 2 - Request for Proposal (RFP)

6.3 6.3 Staff Report

25 2
1 3
4 RESOLUTION NO.____________

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

AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ON-

CALL PROFESSIONAL CONSULTANT SERVICES TO AUGMENT BUILDING

DIVISION STAFF OF COMMUNITY DEVELOPMENT DEPARTMENT 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 Community Development Department (CDD) is committed to planning, maintaining, and improving the quality of life and public safety of Foster City in keeping with the vision of the City Council in the General Plan and other measures that reflect the City’s heritage as a Master Planned community; and WHEREAS, the Building Division is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations. The Building Division provides permit intake, plan check, and building inspection services to ensure compliance with the California Health and Safety Codes; and
WHEREAS, the limited staff within the Building Division poses a challenge in providing continuous and uninterrupted building division services during staff absences and to overcome these challenges the implementation of on-call inspection and plan review services is proposed to ensure continuity of services; and WHEREAS, on July 17, 2023, the City Council authorized Master Services Agreements with two (2) selected consultants for professional on-call building services, including West Coast Code Consultants (WC3) and 4LEAF, Inc. (4LEAF) in an amount not to exceed $75,000 to augment building staff; and
WHEREAS, the agreements with WC3 and 4LEAF were for one (1) year and are set to expire on June 30, 2024;
WHERES, staff has determined it would be beneficial to continue engaging on-call building services to provide coverage and ensure services are not interrupted; and WHEREAS, staff intends to select up to two (2) consulting firms to provide on-call professional consultant services to augment building division staff under this RFP who will be placed on an official list of qualified consultants to provide services such as, plans checks, inspections, permit in-take in response to staff absences, vacant positions, workflow demands; and

6.3 Attachment 1 - Resolution

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1 3
4 WHEREAS, if approved, the RFP will be issued on May 21, 2024, with a due date of June 11, 2024. City staff will then review and evaluate the proposed scope of work, schedule, and budget submitted by consultants and recommend to the City Council two (2) consultants to be awarded contract(s) to provide on-call building services at a future meeting date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize staff to issue an RFP for on-call professional consultant services to augment Building Division staff of the Community Development Department.

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

6.3 Attachment 1 - Resolution

27 On-Call Building Services Updated May 2024 1 2 1
3 5

REQUEST FOR PROPOSALS (RFP)
The City of Foster City ("City") is requesting proposals from qualified consulting firms for the work entitled:

REQUEST FOR PROPOSALS FOR ON-CALL PROFESSIONAL

CONULTANT SERVICES TO AUGMENT BUILDING STAFF OF THE

COMMUNITY DEVELOPMENT DEPARTMENT FOR CITY OF FOSTER CITY Date of Issuance: May 21, 2024
Questions Due: June 4, 2024
Due Date: June 11, 2024
Award of Contract: Tentative date July 1, 2024
Proposals shall be submitted by qualified consulting firms that have demonstrated verifiable experience in providing services as outlined in the scope of work described in this RFP.

The proposals shall be addressed to:

City of Foster City
Community Development Department
Attention: Sofia Mangalam, Community Development Director 610 Foster City Boulevard
Foster City, CA 94404
Subject: Response to RFP for On-Call Building Services for the City of Foster City.

Proposals shall be submitted by email to [email protected] so that they are received no later than 5:00 P.M. on Tuesday, June 11, 2024.

It is the responsibility of the proposer to ensure that the submission is received by 5:00 PM on June 11, 2024. Proposals received after the deadline will not be considered. For this reason, the City encourages submission of responses early. The City shall acknowledge receipt of the submission once it is received but will not review any submission prior to the submission deadline.

All inquiries regarding the project and this RFP shall be directed to Sofia Mangalam, Community Development Director, via telephone at (650) 286-3239 or, preferably, via email at [email protected].

6.3 Attachment 2 - RFP On-Call Building Division Services

28 On-Call Building Services Updated May 2024 2 2 1
3 5
I. Introduction
Foster City is located midway between San Francisco and San Jose on the western shoreline of the San Francisco Bay, east of U.S. 101, which provides convenient access to the San Francisco Airport and San Francisco to the north and Santa Clara County to the south. The City is bisected by State Route 92 (the J. Arthur Younger Freeway), which runs between Half Moon Bay to the west and Highway 880 to the east via the San Mateo-Hayward Bridge. The City encompasses 12,345 acres, of which 9,726 acres are part of San Francisco Bay and Belmont Slough, and 2,619 acres are land area. The City of Foster City is a full-service, General Law City with a Council-Manager form of government.

The City Council also serves as the Board of Directors for the Estero Municipal Improvement District (“District”). The District, although a separate legal entity, encompasses the same geographical area, is inhabited by the same citizens and governed by the same bodies and procedures as the City. The City/District collectively call (‘City”) has approximately 197 employees who deliver high quality municipal services to its 33,693 residents. The Community Development Department is organized into two (2) Divisions.
•The Planning/Code Enforcement Division is responsible for long term planning regarding growth and development of the City, for reviewing and processing applications for all land use and development proposals, and for maintaining the appearance of the community.
•The Building Division is responsible for ensuring that all construction Foster City

6.3 Attachment 2 - RFP On-Call Building Division Services

29 On-Call Building Services Updated May 2024 3 2 1
3 5
projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations.

The City of Foster City is seeking proposals from qualified firms for Building Inspections, Permit Technicians, and Plan Review Services. The selected firm(s) will be responsible for providing as-needed services to the City of Foster City's Building Division.

II. Scope of Work:

The City desires a high level of professionalism and customer services to residents, businesses, and contractors, through continuity of on call professional building services. The selected consulting firm shall provide on call professional building services of residential or non-residential projects as requested by include staffing services, but is not limited to:

1.Building inspections for code compliance.

Consultant shall perform building inspection services for a specified number of hours as directed by the Chief Building Official. These services shall include review of all approved plans, specifications and documents, review and respond to all inspection requests and reports, City staff coordination, perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing codes, as well as State energy efficiency and accessibility standards as amended by the City of Foster City. The City references Part 2 of the larger California Building Standards Code (Title 24) that consists of:
• Part 1: California Administrative Code
• Part 2: California Building Code
• Part 2.5: California Residential Code
• Part 3: California Electrical Code
• Part 4: California Mechanical Code
• Part 5: California Plumbing Code
• Part 6: California Energy Code
• Part 8: California Historical Building Code
• Part 9: California Fire Code
• Part 10: California Existing Building Code
• Part 11: California Green Building Standards Code
• Part 12: California Referenced Standards Code

2.Permit Technicians Services for front counter.

Consultant shall perform permit process services for a specified number of hours as directed by the Chief Building Official. Consultant shall assist architects, contractors, and the public in accepting, processing, and tracking applications for building permits, calculating and collecting permit fees, and

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general information regarding permitting process. These services include front counter and phone assistance regarding building permit requirements, plan check fees, plan check filing procedures and processing, permit status, accepting permit applications, calculating and applying fees, and reviewing plans for conditions of prior approval.

3.Plan Review Services:

Consultant shall perform plan review services as directed by the Chief Building Official. All plan review services provided by Consultant shall include the initial plan review and all subsequent re-reviews as necessary for building permit issuance. Plan Review Services shall include consultation to the building permit applicants as administered by the City staff. Plan Review Services will be performed remotely or on-site in the office spaces at City Hall. The governing codes are the latest versions of City Code of Foster City and California Code of Regulations Title 24 adapted by the City of Foster City.

4.Other Staffing Augmentation services:

Consultant shall provide staffing augmentation services on as needed basis.

The selected firm(s) must have the necessary resources and expertise to provide timely and on-call inspections, permit technicians, plan reviews and staff augmentation services.

Invoicing
Consultant will submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date. Invoices will contain the following information:
•The beginning and ending dates of the billing period;
•Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Task Summary describing the services provided by person doing the work, the hours spent by each person, and a brief description of the work.

III. Proposal Submission:

Interested firms should submit a proposal including the following information:

1.A letter of interest and executive summary.

2.Firm's experience in providing building inspection, permit technicians and plan review services to other municipalities.

3.Firm's understanding of the City of Foster City's building code requirements and ability to meet these requirements.

4.Firm's qualifications, including a list of key personnel who will be assigned to the project.

5.Proposed project approach, including timelines and work plans.

6.Firm's fee proposal, including hourly rates for each type of service offered.

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7.References from at least two municipalities where the firm has provided similar services.
•References should include the following:
•Name, address, and telephone number of the agency
•Time period for the project
•Brief description of the scope of work
•Reference contact name, email, and telephone number
•

8.Acknowledgement of the City’s Agreement for Professional Services:

Submissions must include a statement that the proposer has reviewed the template Professional Services Agreement and agrees to execute and comply with an agreement in the form of that template if the proposal is selected. This statement should also indicate that the proposer will be able to fulfill the insurance requirements included in the template Agreement. If the proposer intends to request changes to the template Agreement, those requested changes must be included in a redlined “track changes” draft of the template Agreement included with the Submission. If no changes are requested, the selected proposer shall be expected to execute the Agreement without alteration.

IV. Selection Criteria:

The City of Foster City will evaluate proposals based on the following criteria:

1.Firm's experience providing building inspection and plan review services.

2.Firm's understanding of the City of Foster City's building code requirements and ability to meet these requirements.

3.Qualifications of the firm's key personnel.

4.Proposed project approach and work plan.

5.Fee proposal.

6.References.

The City of Foster City reserves the right to reject any or all proposals and to waive any irregularities in the proposals received.

Selection Schedule:

Action Date Issuance of Request for Proposal May 21, 2024 Deadline for Email of Intent to Respond May 28, 2024
Deadline for Written Questions and Comments June 04, 2024 City Issues Responses to Written Questions and Comments June 07, 2024 Proposals due (@ 5PM) June 11, 2024
Council Award of Contracts (Tentative) July 01, 2024
V. Note regarding the Public Records Act:

Government Code Sections 6250 et seq., the California Public Record Act,

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defines a public record as any writing containing information relating to the conduct of the public's business. The Public Record Act provides that public records shall be disclosed upon written request, and that any citizen has a right to inspect any public record unless the document is exempted from disclosure.

Be advised that any contract that eventually arises from this Request for Proposals is a public record in its entirety. Also, all information submitted in response to this Request for Proposals is itself a public record without exception.

Submission of any materials in response to this Request for Proposals constitutes a waiver by the submitting party of any claim that the information is protected from disclosure. By submitting materials, (1) you are consenting to the release of such materials by the City of Foster City ("Foster City") if requested under the Public Records Act without further notice to you, and (2) you agree to indemnify and hold harmless Foster City for the release of such information.

If Foster City receives a request for any portion of a document submitted in response to this RFP, Foster City will not assert any privileges that may exist on behalf of the person or entity submitting the proposal, and Foster City reserves the right to disclose the requested materials without notice to the party who originally submitted the requested material. To the extent consistent with the Public Records Act and applicable case law interpreting those provisions, Foster City and/or its officers, agents, and employees retain discretion to release or withhold any.

A. GENERAL INFORMATION FOR PROPOSALS

1.The prospective consulting firm shall submit one (1) soft (digital) copy by email of its proposal to the City no later than June 11, 2024, at 5:00 P.M.*

2.Any questions related to the project and/or this RFP shall be directed to Sofia Mangalam, Community Development Director, by email at
[email protected] no later than 5:00 P.M. on Thursday, June 04, 2024.

3.The proposal shall be signed by an authorized official of the firm.

4.All costs incurred in the preparation of the proposal shall be the sole responsibility of the consultant.

5.The City reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification.

6.If awarded a contract, the consultant shall maintain insurance coverage, including workers' compensation, reflecting the minimum amounts and conditions specified by the City.

7.The terms and scope of the contract shall be arranged on the basis of professional negotiations between the City and the prospective consultant.

If the City and the prospective consultant fail to reach a contractual agreement, the City may then renegotiate with any other consultant.

8.The consultant will comply with access to records, conflict of interest, and other provisions as required.

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B. TERMS AND CONDITIONS
Issuance of this RFP does not commit the City to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The City retains the right to reject any and all submittals. Once submitted, the proposals become the property of the City.

The consultant selected to perform the scope of services described in this RFP will be required to obtain a Foster City Business License. For more information regarding the Business License process, or to obtain a Business License application packet, please visit the City's Business License webpage at:
https://www.fostercity.org/finance/page/business-license-application.

Exhibit A: Standard Professional Services Agreement.

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PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTANT SERVICES
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ 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

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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 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 _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all 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

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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 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 $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, 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

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professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, 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 the 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 identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work

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stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless 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 CONSULTANT or its Subconsultants), cost (including, 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, 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, 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, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend

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charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

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

13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

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

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15. 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: ____________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect,

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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.

22. 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, 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 its 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.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or 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

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a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, 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”). [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.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ ______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
Dated: _________________________________ ______________________, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

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Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign

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EXHIBIT A

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

DELIVERABLES FOR
[ENTER PROJECT TITLE]
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK

THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Description of the Project:

1.1DESCRIPTION: Description of Project

2.Basic Services:

The CITY has developed a general scope of work as described below.

2.1Task 1 – Description of Task 1

2.2Task 2 – Description of Task 2

2.3Task 3 – Description of Task 3

PAYMENTS

1.The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Maximum Payment Amount

2.METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

List Methods of Payment

3.TIMES OF PAYMENTS.

List Times of Payments

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PROJECTS AND SCHEDULE
List Project Schedule

DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1DELIVERABLES: List of Deliverables

1.2OTHER:

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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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 Date of Agreement, by and between Consultant Name, 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 insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1Insurance 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

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professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) 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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[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER

IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE
REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ 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 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.

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☒ 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.

1.2Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2.City 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:

3.1Cancellation 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. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage

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or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2All 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.

3.3If 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.

3.4For 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.

3.5Insurance 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.

3.6Failure 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

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Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7Should 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.

3.8City 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 policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City (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: [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:

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PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS:

Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I,
______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) 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 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.

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order to be entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

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

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

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

5. City 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.

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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 Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

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DATE: May 20, 2024

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

FROM: Sofia Mangalam, Community Development Director
Becki Hanan, Management Analyst
DEPARTMENT: Community Development
SUBJECT: AUTHORIZATION OF CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $89,000 WITH 4LEAF, INC. FOR PROFESSIONAL

ON-CALL BUILDING SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution (Attachment 1) authorizing the Mayor to execute Contract Amendment No. 1 to the existing agreement with 4LEAF, Inc. (4LEAF) for professional on-call building services including interim Chief Building Official (CBO) services in the amount of $89,000 and extend the term to September 30, 2024; and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3).

EXECUTIVE SUMMARY
On July 17, 2023, the City Council authorized Master Services Agreements with 4LEAF and West Code Consultants (WC3) for on-call Building services in an amount not to exceed $75,000 each to augment building staff and without limitation for certain plan check fees that will be payable directly by the applicant on an on-call basis. Staff is currently utilizing the agreement with 4LEAF for consulting services and to serve as interim CBO for the vacant CBO position. While the City is actively trying to recruit and fill this vacant position, a contract amendment to add an additional amount of $89,000 is being requested to continue utilizing 4LEAF for interim CBO services and extend the term for additional three (3) months (through September 30, 2024).

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BACKGROUND/ANALYSIS
Staff has been utilizing consultant services from 4LEAF to augment staffing needs due to vacant positions and/or absences, including Senior Building Inspector in July and August 2023, and currently, interim CBO since March 2024.

Currently, the Building Division is staffed by one (1) plan examiner, two (2) building inspectors, and two (2) permit technicians. The CBO position is currently vacant (since March 19, 2024), and recruitment is ongoing. The CBO develops building division policies, interprets state laws and regulations, prepares the budget along with revenue projections, and supervises staff engaged in the implementation of building construction regulations and codes. Currently, staff is utilizing 4LEAF for interim CBO services.

The recruitment for the vacant CBO position is in the process but can take anywhere between 2-4 months before the position is successfully filled. In recent times, filling vacancies and finding qualified candidates has been a challenge given the current job market and when competing with other jurisdictions which have similar job openings.

As of April 30, the City has used approximately $45,803 of the current total contract amount of $75,000. Additional funds are required to cover ongoing costs and provide the continuity of service until the vacant CBO position is filled. The hourly rate for the Interim CBO is $190 per hour. Therefore, staff is requesting that the original contract be amended with a new contract amount to cover for interim CBO services until such time a new and permanent CBO is hired. The additional funds will be sufficient to cover the interim CBO services for approximately three (3) months. It shall be noted that there are salary savings from the vacant CBO position (projected salary savings of $65,302 till May 31, 2024, or $89,255 till June 30, 2024) to cover for additional contract amendment amount.

Thus, staff is requesting that the City Council approve the Contract Amendment No. 1 to the existing Contract Agreement with 4LEAF for professional on-call building services, in an amount not to exceed $164,000 (initial contract amount $75,000 + Contract Amendment No. 1 in the amount of $89,000) and extend the term for additional three (3) months (September 30, 2024).

CALIFORNIA ENVIRONMENTAL QUALITY ACT
CEQA General Rule Exempt per Guideline, Section 15061(b)(3)

FISCAL IMPACT
The CBO position within the Building Division has been vacant from March 19, 2024.

The projected salary savings from the vacant CBO position is $89,255 until June 30, 2024, and staff is proposing to offset the cost of the contract amendment from these salary savings.

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

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 1
Attachment 3 – 4Leaf, Inc Agreement

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61 2
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7 RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT NO. 1 FOR AN ADDITIONAL AMOUNT OF $89,000 WITH 4LEAF, INC AND EXTENSION OF

AGREEMENT TERM FOR ON-CALL PROFESSIONAL BUILDING SERVICES WITH 4LEAF, INC. AND FIND THE CONTRACT AMENDMENT EXEMPT FROM THE

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

CITY OF FOSTER CITY
WHEREAS, on July 17, 2023 City Council authorized the Mayor to enter into an Master Services agreement with 4LEAF, Inc. (4LEAF) and West Coast Code Consultants (WC3) for on-call Building Services in an amount not to exceed $75,000 each; and WHEREAS, the Chief Building Official (CBO) announced his resignation effective March 19, 2024; and
WHEREAS, 4LEAF is currently providing interim CBO services for the Building Division while recruitment is in process for the vacant CBO position; and WHEREAS, the previously approved contract amount of $75,000 is not sufficient to cover ongoing costs for the CBO services over the next several months until the vacant CBO position can be filled; and
WHEREAS, there are projected savings from the vacant CBO position (approximately $89,255 till June 30, 2024) to cover for additional contract amendment amount; and
WHEREAS, staff is requesting that the Contract Amendment No.1 not to exceed $89,000 to continue using 4LEAF to provide interim CBO services and extending the term agreement to September 30, 2024.

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. 1 to the existing Agreement with 4LEAF, by extending the term agreement to September 30, 2024 and by adding an additional amount of $89,000 for continued on-call professional building services.

6.4 Attachment 1 - Resolution

62 2
1 3
7 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

6.4 Attachment 1 - Resolution

63 ORIGINAL

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
DATE: May 20, 2024 ACCOUNT NO. 001-0820-419-4251 PROJECT NAME: On-Call Building Services
TO: 4Leaf, Inc.

CHANGE REQUESTED BY: 4Leaf, Inc. and City of Foster City Based on mutual agreement, 4Leaf, Inc. and City of Foster City agree to amend the original Agreement dated July 18, 2024 (“Agreement”) pursuant to Section 2 of the Agreement to extend term of this Agreement to September 30, 2024; and Section 3 of the Agreement to add additional services amount, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 75,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 89,000
REVISED CONTRACT AMOUNT $ 164,000
Additional work included in the contract amendment:

Compensation: Expenses; Payment.

On-call Professional building services, incl. interim Chief Building Official $ 89,000
Subtotal $ 89,000
REVISED CONTRACT AMOUNT $ 164,000
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.
4Leaf, Inc. have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

6.4 Attachment 2 - Contract Amendment No. 1

64 2
1 3
8 SUBMITTED BY:

Becki Hanan DATE

PROJECT MANAGER
ACCEPTED BY:

Kevin J. Duggan, President DATE
4LEAF, INC.

APPROVAL RECOMMENDED:

Sofia Mangalam DATE

COMMUNITY DEVELOPMENT DIRECTOR
APPROVED FORDISTRICT:

Patrick Sullivan DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK
APPROVED AS TO FORM:

BY: ___________________________________
BENJAMIN L. STOCK, CITY ATTORNEY

6.4 Attachment 2 - Contract Amendment No. 1

65 4887-9204-2585 v1

MASTER SERVICES AGREEMENT
FOR

PROFESSIONAL ON-CALL BUILDING SERVICES

This Agreement is made and entered into as of the 18th day of July, 2023 by and between the City of Foster City hereinafter cal led "CITY " and 4Leaf, Inc. 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

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 on July 18, 2023 and shall expire on June 30 , 202 4. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, d irect 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 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 DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

6.4 Attachment 3 - 4Leaf Inc. Agreement

66 4887-9204-2585 v1
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 provi de, 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 compensat ion and reimbursement of costs payable hereunder shall not exceed seventy-five thousand dollars ($75,000). Invoices for amounts in excess of seventy-five thousand dollars ($75,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemi zed statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY 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 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 DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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completed deliverables and diligent progress but tak ing 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 $ 50,000) or City Council (for contracts $ 50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable there for, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

7. Reliance on Professi onal 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.

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 DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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complexity of the Services working on similar, successfully completed projects.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capa city, 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 the 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.

11. 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 DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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claims, suits, actions liability, l oss, 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 (including, without limitation, costs and fees of litigation) of every nature, ki nd or description, at law or equity, which may be brought against, o r suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of 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 C ouncil, 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 ter mination 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.

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 insur ance, a nd 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 fullest amount allowed by law and shall maintain in surance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain o r maintain completed operations DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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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.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limit ed 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.

15. 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: Priscilla Schauss

CONSULTANT: 4Leaf Inc.
2126 Rheem Drive
Pleasanton, CA 94588
[email protected]
Attention: Kevin J. Duggan

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

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18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be deemed to have be en 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 part y shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties . If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest . CONSULTANT 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.

22. Liability of CITY.

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, indirec t or incidental damages, DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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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 equi pment used by CONSULTANT, or by any of its 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.

24. 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:

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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25. Entire Agreement . This Agreement, including Exhibit s A, B , C, and D comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY

Dated: _________________________________ Jon Froomin, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONSULTANT

Dated:

Kevin J. Duggan, President, 4LEAF

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EXHIBIT A

Services shall commence on July 18, 2023 and terminate on June 30, 2024 unless otherwise extended in a written agreement by the parties.

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EXHIBIT B

FEE SCHEDULE

Plan Review Cost Structure:

Plan Review percentage: 65% paid by directly by the applicant to 4LEAF, Inc.

Structural Only Review percentage: 35% paid directly by the applicant to 4LEAF, Inc.

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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 18, 2023, by and between 4LEAF, Inc., 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 h as obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company sho wn 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 ther eon, 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. Suc h certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Consultant or City 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 for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Prod ucts-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 one million dolla rs ($ 1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council membe rs, 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' e mployees, 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 th is Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

1.2 Self-Insured Retention

Any self -insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage

If any of the insuranc e 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 t o the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured

On 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 mainta ined until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non -payment of premiums, or thirty (30) days DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non - renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitt ed 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.

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 a t 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 o r 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 insuran ce 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 Con sultant 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.

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 policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

EXHIBIT C
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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 In sured. {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.

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.

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)

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ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between (“City”) and 4 LEAF (“Consultant”) dated July 18, 2023.

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

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.

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 DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

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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.

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.

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

Kevin Duggan, President Jon Froomin, Mayor
________________________ ______________________________ Print Name & Title Print Name & Title
DocuSign Envelope ID: 636EEDDD-B65D-4260-906D-8AE9307D8D35

6.4 Attachment 3 - 4Leaf Inc. Agreement

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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, Senior Civil Engineer

SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO MCGRATH

RENTCORP DBA MOBILE MODULAR MANAGEMENT

CORPORATION FOR THE CONSTRUCTION OF THE

RECREATION CENTER MODULAR BUILDINGS PROJECT (CIP
301-678)

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

1. The Mayor to execute an agreement with McGrath RentCorp DBA Mobile Modular Management Corporation in the amount of $363,415.94 for the construction of the Recreation Center Rebuild Modular Buildings Project (CIP 301-678); and

2. The establishment of a contingency in the amount of $20,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount.

EXECUTIVE SUMMARY
The Recreation Center Rebuild Project (Project) consists of replacing the existing Recreation Center with a new building. Modular buildings will be utilized to fill the gap for programs while the Recreation Center is under construction. Staff are recommending leasing three (3) modular classroom buildings and a restroom trailer that will be placed on or near the tennis courts at Leo J. Ryan Park.

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The City issued a call for bids with a bid opening on March 14, 2024, but only received one qualifying bid that was over the engineer’s estimate. Staff requested rejecting all bids and reissued the call for bids to get more contractors with competitive pricing. The project was rebid, and McGrath RentCorp DBA Mobile Modular Management Corporation (Mobile Modular) was the responsive low bidder with a bid of $363,415.94.

There is $55,374,250 in the approved Project budget for construction, which is likely to increase for the final construction. A budget line item estimate for the modular buildings was taken into account as part of the overall budget estimate for the project. If awarded, the modulars will be in place beginning in August 2024 and leased for approximately 22 months during the Project’s construction.

BACKGROUND/ANALYSIS
At the regular City Council meeting on November 6, 2023, staff provided a report and presentation to the City Council on the temporary facilities and operations plan during the Recreation Center closure which is anticipated to start in September 2024. Staff received confirmation to move programs to The Vibe Teen Center, Community Center, and school multipurpose rooms (MPR) through the Joint Use Agreement with the San Mateo-Foster City School District during the anticipated two-year construction period. The City Council, by Minute Order No. 1946 also authorized the rental and installation of three (3) modular buildings and one (1) restroom trailer on or near the tennis courts at Leo J. Ryan Park.

These temporary facilities aim to fill the gap and provide alternative spaces for recreational activities during the transition period.

The scope of work includes but is not limited to delivering, leveling, installing, and removing the temporary modular structures. Along with the structures, the buildings must be furnished properly and installed with the appropriate Americans with Disabilities Act (ADA) requirements. The installation of the temporary modular structures is subject to architectural review and staff are working on the Architectural Review Permit.

At the regular City Council meeting on February 20, 2024, the City Council adopted Resolution No. 2024-7 approving the plans and specifications and authorizing the call for bids for the Recreation Center Modular Buildings as part of the Recreation Center Rebuild Project. Bids were opened on March 14, 2024, at 2:00 PM. Only one responsive bid was received, and it was over the engineer’s estimate.

At the regular City Council meeting on April 1, 2024, the City Council adopted Resolution No. 2024-24, which rejected all bids and approved the plans and specifications and authorized a new call for bids for the Recreation Center Modular Buildings as part of the Recreation Center Rebuild Project. Bids were reopened on April 25, 2024, at 2:00 PM.

There is $55,374,250 available in the Project budget for construction, which is likely to increase for the final construction. A line item for modular buildings has been tracked throughout the project for $405,000 and will be updated with the final cost once the contract is completed. After awarding the construction contract and before the start of

6.5 6.5 Staff Report

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construction, the contractor shall provide all their necessary paperwork and meet with the City for a preconstruction meeting. Construction of the modular buildings is anticipated to take approximately 40 days with the rental lasting for 22 months.

The bid results are as follows:

Company Name Total Base Bid Difference from Engineer’s
Estimate
$ $ %
Mobile Modular Management Corp $ 363,415.94 ($41,584.06) (10.27%) The lowest bidder, Mobile Modular, has met all the bid requirements, and their contractor license is current and active according to the Contractors State License Board (CSLB).

While there was only one bid received, their bid came in under the engineer’s estimate.

Construction is anticipated to start in July 2024 and be completed in August. These dates were selected to be the least disruptive to summer programs while being in line with the Recreation Center Rebuild Project construction timeline. Project management, inspections, construction support, and field coordination will be done by City staff and the construction manager consultant, Griffin Structures, Inc.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project.

On November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted Mitigated Negative Declaration for Council’s consideration and approval. Only minor additions are being made to the Project by installing and removing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance.

On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project.

6.5 6.5 Staff Report

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FISCAL IMPACT
The Project (CIP 301-678) has an approved budget of $55,374,250 and it is anticipated that additional funding will be needed based on the current budget estimates for the Project. A line item for modular buildings has been tracked throughout the project for $405,000 and will be updated with the final cost once the contract is completed. An updated Project budget estimate will be presented to City Council when the City Council approves the Project plans and specifications and authorizes a request for construction bids. The final Project budget will be determined when a general contractor agreement has been awarded for the Project.

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

Attachment 1 – Resolution
Attachment 2 – Construction Agreement
Attachment 3 – Mobile Modular Management Corporation Bid Submittal

6.5 6.5 Staff Report

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3 RESOLUTION NO. ___________

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

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO MCGRATH

RENTCORP DBA MOBILE MODULAR MANAGEMENT CORPORATION FOR THE

CONSTRUCTION OF THE RECREATION CENTER REBUILD MODULAR BUILDINGS PROJECT (CIP 301-678) (CEQA STATUS: ADOPTED MITIGATED NEGATIVE

DECLARATION FOR THE RECREATION CENTER REBUILD PROJECT)

CITY OF FOSTER CITY
WHEREAS, at the regular City Council meeting on November 6, 2023, the City Council by Minute Order No. 1946, accepted a report on the temporary facilities and operations plan during the Recreation Center closure and authorized the rental and installation of temporary modular buildings; and
WHEREAS, at the regular City Council meeting on February 20, 2024, the City Council adopted Resolution No. 2024-7 approving the plans and specifications and authorizing the call for bids for the Recreation Center Modular Buildings (CIP 301-678) as part of the Recreation Center Rebuild Project; and
WHEREAS, bids were opened on March 14, 2024, at 2:00 PM and only one responsive bid was received, and it was over the engineer’s estimate; and WHEREAS, at the meeting on April 1, 2024, the City Council adopted Resolution No. 2024-24 approving the plans and specifications, rejecting all bids and authorizing a new call for bids for the Recreation Center Modular Buildings as part of the Recreation Center Rebuild Project (CIP301-678); and

WHEREAS, CIP 301-678 involves the installation, rental and removal of temporary facilities for the Recreation Center uses; and
WHEREAS, bids were reopened on April 25, 2024 and one (1) bid was received, McGrath RentCorp DBA Mobile Modular Management Corporation submitted the lowest responsible and responsive base bid in the amount of $363,415.94; and WHEREAS, a project contingency in the amount of $20,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, in July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration IS/MND (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings for the Recreation Center Rebuild Project; and

6.5 Attachment 1 - Resolution

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3 WHEREAS, on November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted IS/MND. Only minor additions are being made to the Project by installing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction and removing them after construction is completed. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance; and

WHEREAS, on February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project; and

WHEREAS, total funding in the amount of $55,374,250 is available in the approved project budget for the complete project of CIP 301-678; and

WHEREAS, based on the Engineer’s Estimate for the modular buildings, adequate funding is available in CIP 301-678 to fully fund construction of the temporary facilities with the understanding that additional funding will be requested for the Recreation Center Rebuild Project; and

WHEREAS, construction and installation of the modular buildings is estimated to begin in July 2024 with a rental period of the modular buildings of 22 months.

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 McGrath RentCorp DBA Mobile Modular Management Corporation, dated May 20, 2024, in the amount of $363,415.94 for the construction of the Recreation Center Rebuild Modular Buildings Project (CIP 301-678); and

2. The establishment of a contingency in the amount of $20,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount; and
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.

6.5 Attachment 1 - Resolution

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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

6.5 Attachment 1 - Resolution

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

CONTRACT
Recreation Center Modular Buildings Project, DATE: May 20, 2024 Contract 03/22 v1
City of Foster City 00-5205 - 1

1. Identification of Contractor.

CONTRACTOR: McGrath RentCorp DBA Mobile Modular
Management Corporation
LICENSE NO: 450299

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
$363,415.94, 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 $363,415.94. 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 35 calendar days of Commencement Date for the delivery, installation, and setup of the buildings.

Final Completion Date: Within 40 c alendar days of Substantial Completion for the delivery, installation, and setup of the buildings.

Project Completion Date: Anticipated to be 22 months, but may be extended based on the bid price. Removal of the modular buildings shall be done in a timely manner following the rental period. This shall be no longer than 40 calendar days for removal.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner $1000 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. A
s liquidated damages for delay Contractor shall pay Owner $1000 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 f rom 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.

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

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

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

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)

6.5 Attachment 2 - Construction Agreement

97 Rev. 0
February 2022
Contract 03/22 v1
City of Foster City 00-5205 - 2

1099 INFORMATION

Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes ☐ No

6.5 Attachment 2 - Construction Agreement

98 City of Foster City 00 5205 - 3
Contract 02/22 v1
Appendix A to Contract

SCOPE OF WORK

Scope of work shall include all necessary labor, tools, personnel, and equipment to install the structures as shown on the attached drawings including but not limited to; furnishing and installing (1) 48’ x 40’ modular trailer, (2) 24’ x 40’ trailers and (1) 12’x40’ restroom trailer which will include male/female sections as shown in the enclosed documentation (site plan). The Restroom Modular shall contain men’s and women’s sections with a minimum of services as follows:

Women’s restroom 1 handicap accessible toilet, plus 4 regular toilets and 3 lavatories.

Men’s restroom: 1 handicap accessible toilet plus two regular toilets, three urinals and 3 lavatories.

The trailers shall include block and leveling, delivery haulage permits, wet-stamped engineered foundation drawings, installation of foundation tie-downs compliant with city ordinance, installation of ADA ramps and access stairs to each of the modular buildings, installation of skirting to all modular buildings, outfitting of restrooms with toilets, mirrors and lavatories as well as the necessary support devices and installation (stub-outs and connections for electrical services, water and sewer) The city will provide the electrical connectivity as well as the water and sewer connectivity to the restroom modular, up to the modular buildings. The modular buildings shall provide a 125-amp single-phase connector for electrical connection. The restroom modular shall provide a 3” waste line connection and 1-1/4” copper connection for water. Each of the modular buildings shall be equipped with a stand-alone fire alarm notification system, horn and pull box, as well as battery operated smoke detectors and CO2 detectors.

The windows shall all be furnished with window coverings/blinds, and the exterior doors shall be furnished with door bars and locksets for security. All wall panels shall feature electrical plugs, and the modular buildings shall be provided with the necessary HVAC systems to keep the modular buildings cool or warm as necessary during the summer and winter seasons.

The walls on the modular buildings shall be all freshly painted and the floors shall have a uniform color of the vinyl or carpet tiles. Although the modular buildings are not expected to be new, the expectation is that the wall paneling finishes and light fixtures will be presentable, clean and in ready to use condition, especially the restroom fixtures.

The scope of work shall also include cost for equipment removal in its totality.

The 48’ x 40’ unit and the 24’ x 40’ units shall be DSA Class “E” occupancy (Classrooms) these units will be primarily used for a recreation center.

Pricing shall include all permits required.

The expected installation of the modular buildings is around July, 2024 The contract will be awarded on or about June, 2024

6.5 Attachment 2 - Construction Agreement

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The city will provide a dry, compacted asphalt parking lot site accessible by normal truck delivery. The three modular buildings (48’ x 40’ and (2) 24’x 40’) will be placed on the Tennis courts, the restroom trailer will be placed on the parking lot as noted in the enclosed plan, attached hereto and hereinafter incorporated by reference as Appendix A-1. Contractor shall do what they can to place the restrooms within the parking stalls to not conflict with the travel way.

EXCLUSIONS: Pricing shall not include any clearing or grading of the site, obstruction removal or any asphalt transitions. no furniture, casework, appliances, doorstops, data or phone lines shall be included in the proposal.

Appendix A- 1

6.5 Attachment 2 - Construction Agreement

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City of Foster City 00-5205 - 5

6.5 Attachment 2 - Construction Agreement

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(End of Appendix A)

6.5 Attachment 2 - Construction Agreement

102

Appendix B to Contract

GENERAL CONDITIONS

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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. C ontractor 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 compl iance 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, i ts 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 su ch 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 c onferred 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 purs uant 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 yea r 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 ins tructions, 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 ret ained 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

6.5 Attachment 2 - Construction Agreement

103

Contract 03/22 v1
City of Foster City 00-5205 - 8
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 le ss 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. F or 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 tobe 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

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City of Foster City 00-5205 - 9
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:

(End of Appendix B)

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105

Appendix C to Contract

INSURANCE

City of Foster City 00 5205 - 10
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 $1,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $1,000 payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000, 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 t he 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:

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

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

8.03 Written 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.

8.04 Contractor 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.

8.05 Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above. Contractor shall furnish the Owner with original certificates 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 insuranc e 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)

6.5 Attachment 2 - Construction Agreement

106

Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND

City of Foster City 00 5205 - 11
Contract 02/22 v1
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Foster City (Owner) has awarded to McGrath RentCorp DBA Mobile Modular Management Corporation, as Principal, a Purchase Order Agreement, dated the 20th day of May, 2024 (Agreement), titled THE RECREATION CENTER MODULAR
BUILDING PROJECT in the amount of $363,415.94, which Agreement is by this reference made a part hereof, for the work described as follows:

2. See Appendix A for description of work.

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

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

5. 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.

6. 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 o f any such extension of time, change, alteration, modification, or addition.

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

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

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

8. 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 agains t 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.

9. 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.

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

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

IN WITNESS WHEREOF, we have hereunto set our hands
this _________ day of ________________, 202__.

CONTRACTOR AS PRINCIPLE

Company: Mobile Modular Management Corp (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)

6.5 Attachment 2 - Construction Agreement

107

Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND

City of Foster City 00 5205 - 12
Contract 02/22 v1
KNOW ALL PERSONS BY THESE PRESENTS:

12. THAT WHEREAS, City of Foster City ( Owner) has awarded to McGrath RentCorp DBA Mobile Modular Management Corporation, as Principal, a Construction Services Agreement, dated the 20th day of May, 2024 ( Agreement), titled THE RECREATION CENTER
MODULAR BUILDING PROJECT located at 650 Shell Blvd, Foster City in the amount of $363,415.94, which Agreement is by this reference made a part hereof, for the work described as follows:

See Appendix A for Project Description.

13. 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;

14. NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($363,415.94), 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.

15. 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.

16. 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.

17. 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.

18. 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.

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

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 202__.

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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Appendix F to Contract

SUPPLEMENTAL CONDITIONS

City of Foster City 00 5205 - 13
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 5:00PM, 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
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 lim it 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.

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS

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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 specificati ons, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.

Work will be issued to the Contractor as a Work Order on an as -needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within t hirty (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 lis ted in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City s hall 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 c ontract unit price included in the proposal schedule.

2. Eliminated Items:

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

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

Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment wi ll be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.

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

a. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted.

b. The actual costs or charges to be paid by the City to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.

C. Protest Procedure (Change Orders):

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 appr oved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete rec ords 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.

6.5 Attachment 2 - Construction Agreement

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS

Contract 03/22 v1
City of Foster City 00-5205 - 15

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 a ccordance 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 requestaging st. 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 Cit y at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City personnel will be as shown in the currently adopted rate schedule, available at the Public Works office. There will be no charges for the inspection of overtime work ordered by the Engineer. ALL OVERTIME MUST BE APPROVED BY THE CITY ENGINEER.

1.7 CHANGES AT THE CONTRACTOR'S REQUEST

If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply stri ctly 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 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 proces ses, 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 t o 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 sa tisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of t he 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

B. 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 test ing will be paid for by the City when tests show that materials or equipment comply with the contract documents, and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents.

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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 res pecting 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
C.

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 r esponsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City property.

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

1.15 DELAYS AND EXTENSION OF TIME

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 equiva lent 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 fr om 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 inc h or greater) exceed the normal based on monthly precipitation records for the previous 10- year period from the weather recording station at the San Francisco International Airport.

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

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

C. If any delay having a direct effect on the work is caused by the specific orders of the Engineer to stop work, or by the performance of extra work ordered by the Engineer, or by failure of the City to provide material, or necessary instructions for carrying on the work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing fac ility, such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and may entitle the Contractor to damages resulting directly from any of the causes of delay hereinabove specified or from delays or hindrances to the work, provided t hat the Contractor has taken reasonable precautions to prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 10 calendar days from the beginning of any such delay.

D. When a Contractor experiences two concurrent delays, one compensable and the other non- compensable, no compensation other than time extensions will be allowed.

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E. An extension of time must be approved by the Engineer to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the contract.

1.16 CLIMATIC CONDITIONS

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

1.17 ROADS AND FENCES

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 Contra ctor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, 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 appl y 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

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.

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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 r equest. 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 protes t 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 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.

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

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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 contr actors. 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 shal l be made in writing and a copy submitted to the Engineer for their information.

1.30 EMERGENCY WORK

A. During Working Hours:

In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without 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 s ubmitted 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.

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B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

1.34 DIFFERING SITE CONDITIONS

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

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 involv e hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the contract.

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

1.35 PROCEDURES FOR FILING AND RESOLVING CLAIMS

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

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

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

2.16. (c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly 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 negot iation 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 whic h 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 pres ent 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 requi rements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

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

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1.36 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS

A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.

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

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

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

1.37 PERMITS AND LICENSES

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

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

4. Government fees.

5. Licenses.

6. Certifications.

7. Business License from the City of Foster City.

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

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

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

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

1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY

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

1.39 OWNER'S RIGHT TO CORRECT DEFICIENCIES
F.

G. 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 w ithout declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor's surety. The owner reserves the right to take over work in the event of an emergency.

(End of Appendix F)

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Appendix G to Contract
COVID 19

This COVID -19 Amendment/Attachment amends the Agreement between ____________________(“City”) and ____________________________ (“Contractor”) 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 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 COV ID-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)

6.5 Attachment 2 - Construction Agreement

119

Appendix H to Contract
Rental Addendum
Mobile Modular Management Corporation
Addendum to Customer Contract

Addendum to Construction Services Agreement (the “Agreement”) between Mobile Modular Management Corporation (“Lessor” or “Contractor”) and City of Foster (“Lessee” or “Owner”)

A. ENTIRE AGREEMENT: This Addendum is hereby incorporated in its entirety into the Agreement referenced above. In the event of any conflicts betwe en the Agreement, including any of the Contract Documents (as defined in the Agreement) and this Addendum, the terms of this Addendum shall prevail as they apply to any Equipment (defined below) or any associated rental services.

B. LOSS OR DAMAGE: Upon delivery and until the modular building(s) and other accessories (the “Equipment”) leased under this Agreement is return ed to Lessor, Lessee assumes all risk of loss or damage to the Equipment. Should any of the Equipment damaged be capable of repair, the Agreement shall not terminate, but at Lessee’s cost and expense the Equipment shall be repaired and restored to its condition existing prior to such damage. In the event any of the Equipment is damaged beyond repair or is lost, stolen or wholly destroyed, the Agreement shall cease and terminate as to such Equipment as of the date of the event, accident or oc currence causing such loss or destruction, and Lessee shall pay Lessor within ten (10) days thereafter, an amount equal to the full replacement value of the Equipment.

C. INSURANCE: Lessee shall provide, maintain, and pay all premiums for insurance covering the loss, theft, destruction, or damage of the Eq uipment in an amount not less than the Insurance Value for each building as indicated in the table below, naming Lessor as loss payee of the proceeds. Lessee shall also provide, maintain, and pay all premiums for general liability insurance (minimum of $1,000,000 per occurrence), naming Lessor as an additional insured. All insurance shall be in a form and with a company satisfactory to Lessor, and shall not be subject to cancellation without thirty (30) day’s prior, written notice to Lessor. L essee shall deliver to Lessor certificates of insurance proving the existence of all policies meeting the above requirements. In t he event that Lessee is self -insured, Lessee may provide proof of self -insurance meeting requirements equivalent to those imposed herein.

EQUIPMENT INSURANCE VALUE:

Item Description Quantity Insurance Value
Classroom, 24x40 DSA (Item 1001) 2 $85.500.00 (Each)
Classroom, 48x40 DSA (NonStd) 1 $128,700.00 (Each)
Restroom, 12x44 HCD (NonStd 1 $45,900.00 (Each)

D. WAIVER AND INDEMNIFICATION: Lessee hereby waives and releases all claims against Lessor for loss of or damage to all property, goods, wares and merchandi se in, upon or about the Equipment, and for injuries to Lessee, Lessee’s agents and third persons, irrespective of the cause of su ch loss, damage or injury except resulting from Lessor’s negligence. Lessee agrees to indemnify and hold harmless Lessor from and against any and all losses, liabilities, costs, expenses (including attorney fees), claims, actions, and demands (”Claims”) arising out of the maintenance, possession or use of the Equipment by Lessee, its employees, agents or any person invited, suffered or permitted by Lessee to use or be in, on or about the Equipment. In no event shall Lessor be res ponsible for Claims resulting from Lessee’s negligence or willful misconduct. Each party’s duty of indemnification shall be in proportion to its allocated share of joint negligence.

E. CONSEQUENTIAL DAMAGES: Under no circumstances shall either party be liable to the other party for any special, incidental or consequential damages r esulting from lease or use of the Equipment, including, but not limited to, anticipated loss or loss of business or profits.

F. BILLING AND PAYMENT: For the purposes of this Agreement, a month is defined as 30 calendar days. The first 30-day billing period will commence upon delivery of the Equipment and subsequent rental invoices will be issued every thirty (30) days thereafter until the Equipment is returned to Lessor. The initial invoice shall include one - time charges related to the delivery and installation of the Equipment and the first month of rent, plus any tax or personal property expense charges, if applicable. Upon return of the Equipment, rent will be pro-rated in half month increments. If Equipment is returned within the first 15 days of the billing period, rent will be due for the first half of the billing period; if Equipment is returned between the 16 th and 30th days of the billing period, rent will be due for the entire billing period. The final invoice will include one-time charges related to the removal and return of the Equipment along with any applicable charges for damage or missing items , pursuant to section I below.

To the extent applicable, Lessor expressly rejects Lessee’s requirements related to retention, applications for payment, schedules of values or lien releases related to the payment of rental invoices, and payment by owner shall not be a condition precedent to payment. Payment for each invoice is due Net 30 days from the invoice date.

G. LEASE TERM; TERMINATION: Lessee agrees to lease the Equipment for a minimum of 22 months (the initial “Lease Term”). In the event that Lessee terminat es the lease of the Equipment prior to the expiration of the Lease Term for any reason other than Lessor’s default, Lessor shall be entitled to charge an early termination fee, even if such termination occurs prior to delivery of the Equipment. Such fee shall be determined by Lessor following the rec eipt of the termination request. Such early termination fee may include charges related to the preparation of the Equipment for delivery and/or the rental value of the Agreement. In no event shall such early termination fee exceed the total value of the Agreement.

H. HOLDING OVER; LEASE EXTENSION: Following the expiration of the initial lease term, the lease of Equipment and the terms and conditions of the Agreement and Addendum shall be extended on a month -to-month basis until the Equipment is returned to Lessor. In this event, Lessor may establish a revised rental rate which shall constitute the monthly rent. The charges upon return and any other charges related to the return of the Equipment may be reas onably revised from those reflected in the Agreement at Lessor’s discretion, should the lease be extended beyond the initial lease term.

I. MAINTENANCE AND REPAIRS; EQUIPMENT CONDITION: Lessor shall bear the expense of all repairs that it determines are needed to ameliorate normal wear and tear or defects in the Equipment; the expense of all other repairs shall be borne by Lessee. Lessee shall not make any alterations, modifications, additions or improvements to the Equipment without Lessor’s prior written consent. Lessee shall maintain the Equipment in good condition and repair, normal wear and tear excluded, in accordance with Lessor’s Service Guide, which is attached hereto and incorporated herein by reference (https://www.mobilemodular.com/resources/product -guides).Following the return of the Equipment, an inspection will be performed by Lessor. If such inspection reveals that the Equipment is damaged beyond normal wear and tear or is missing any components or accessories, Lessee will be charged for repairs and/or replacement required to return the Equipment to its standard condition.

J. WARRANTIES; DISCLAIMER. Lessor warrants to Lessee that the Equipment, when delivered and set up, will be in good condition and repair, be properly set up and comply with all applicable regulations. Lessee acknowledges and agrees that the foregoing warranties are in lieu of al l other warranties contained in the agreement as respects the Equipment. LESSOR HAS MADE NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, RELATING TO ANY OF THE

EQUIPMENT, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

K. COMPLIANCE WITH LAW: Lessee assumes all responsibility for any and all licenses, clearances, permits and other certificates as may be required for Lessee’s lawful operation, use, possession and occupancy of the Equipment. Lessee agrees to fully comply with all laws, rules, regulations and orders of all local, state and feder al governmental authorities which in any way relate to the Equipment; and to indemnify and hold Lessor harmless from any and all fines, forfeitures, seizures, penalties or other liabilities that may arise from any infringement or violation of any such law, rule, regulation or order.

L. FEDERAL CONTRACTOR: As a federal contractor, Lessor’s contracts are subject to the provisions of (i) Executive Order 11246, (41 CFR 60- 1.4); (ii) section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a); and (iii) section 4212 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR 60- 300.5(a). Lessor shall abide by the requirements of 41 CFR 60 -741.5(a) and 41 CFR 60 -300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability, and qualified p rotected veterans, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities, and qualified protected veterans.

6.5 Attachment 2 - Construction Agreement

120

Appendix H to Contract
Rental Addendum
Mobile Modular Management Corporation
Addendum to Customer Contract

[SIGNATURES FOLLOW ON NEXT PAGE]
The parties hereto, Mobile Modular Management Corp., a California corporation, as Lessor and City of Foster, as Lessee hereby agree to the terms and conditions set forth in this Addendum. The individuals signing this Addendum affirm that they are duly aut horized to execute and commit to these terms on behalf of the above named parties.

LESSOR: LESSEE:

Mobile Modular Management Corporation City of Foster

By: By:

Name: Name:

Title: Title:

Date: Date:

6.5 Attachment 2 - Construction Agreement

121

DOCUMENT 00 4115

BID FORM

TO THE CITY OF FOSTER CITY
THIS BID 18 SUBMITTED BY:

Rev. 0
February 2022
Y)!olalx W\c!u(Fk,m/rCOmp%anyNwamze)>,y3ch+ c@P,
Re:Recreation Center Modular Buildings Project at 650 Shell Blvd, Foster City, CA. 94404, CIP 301-678 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY OF FOSTER CITY in the form included in the Contract Documents, Document 00 5205 (Construction Services Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

Bidder accepts all of the terms and conditions of the Contract Documents, Docciment 00 1115 (Notice Inviting Bids), and Document 00 2115 (Instructions to Bidders) including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 60 Days after the day of Bid opening, unless there is a bid protest, then 90 days after the day of bid opening.

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

Addendum Number ADDENDtJM DATE Signature of Bidder
( S') q)s i t<I Wl,-V2,=
'l
Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices:

Bid Form
City of Foster City
(Continued on next page)
004115-1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

122

Rev. 0
February 2022

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

ESTIMATED I

QUANTITY UNIT
UNIT _PRICE
TOTAL

1. Temporary Modular
Buildings
I Lump Sum
$ 137,54? €l $ l !'g,sq3,71
2 Temporary Modular
Buildings Monthly
Rental and Service Fee
22 EA $lo,z.z(,4e $zz'l,F7z.,ii
_TOTAL

TOT AL BID
PRICE sS(!:,'115 ."'f4
Total Bid Price
Indicate Bid Price in Words)
The undersigned acknowledges that the Apparent Low Bidder will be determined as provided in Documents 00 1115 (Notice to Bidders) and Document 00 21 '15 (Instruction to Bidders) Subcontractors for work are listed on Document 00 4330 (Subcontractors List), submitted herewith.

The undersigned Bidder understands that Owner reserves the right to reject this Bid If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00 4115 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00 2115 (Instructions to Bidders) within the times specified therein.

Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below.

The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 002115 (Instructions to Bidders), in the amount of ten percent of the Total Bid Price and made payable to the CITY OF FOSTER CITY.

The undersigned Bidder agrees to commence Work on the date established in, and to complete all Work within the time specified in, Document 00 5205 (Construction Services Agreement).

The undersigned Bidder agrees that liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00 5205 (Construction Services Agreement) shall be as set forth in Document 00 5205.

The names of all persons interested in the foregoing Bid as principals are:

IMPORT ANT NOTICE:

If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof. If a partnership, give name of the firm and Bid Form
City of Foster City 004115-2

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

123

Rev. 0
February 2022
names of all individual co-partners composing the firm. If Bidder or other interested person is an individual,give first and last names in full. licensed in a5,cordance with an act for the registration of Contractors, and with license (Place of Incorporation, if Applicable) (Principal)
(Principal)
(Principal)
I certify (or declare) under penalty of perjury under the laws of th State of California that theforegoing is true and correct. t (Signature of Bidder)
NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

BusinessAddress: S "?o= * %\% >
LtVerYV\o(e,- CA, q 'l "'S (
Contractor's Representative(s):

Officers Authorized to Sign Contracts
Bid Form
City of Foster City
Name/Title)
Name/Title)
(Name/Title)
[avr:r (1<(Nam5t,,7e)it>r-x<rtttt z,,r
(Name/Title)
004115-3

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

124

Telephone Number(s):

Fax Number(s):

Date of Bid:

Bid Form
City of Foster City
g AS
(Area Code)
(Area Code)
(Area Code)
(Area Code)
Rev. 0
February 2022
(Name/Title)
poo{=-%-O
(Number)
(Number)
(Number)
(Number)

END OF DOCUMENT
004115-4

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

125

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February 2022
DOCUMENT 00 4325

BIDDER REGISTRATION FORM

INDEPENDENT CONTRACTOR REGISTRATION
Contractor's License # 450299
Date: Fed 1.D. # 94-2579843
Full Corporate Name of Company:
management Corporation
McGrath RentCorp and Subsidiaries dba Mobile Modular Street Address: 5700 Las Positas Road Livermore, CA 94551 Mailtng Address: 5700 Las Positas Road Livermore, CA 94551 Phone: 925-606-9000 Fax:

Name of Principal Contact:

Type of Business:

INSURANCE
Workers' Compensation:

Carrier: National Union Fire Insurance Company of Pittsburgh, PA N/A
Partnership
x Corporation
Address: 1271 Ave of the Americas, FL 37, New York, NY 10020-1304 Phone and Fax: (212) 458-5000
Policy Number: WCO15852320 (CA) and WCO15852321 (All Other States) General Liability:

Carrier: Hartford Fire Insurance Company
Address: One Hartford Plaza, Hartford, CT, 06155-0001 Phone and Fax: (866) 467-8730
Policy Number: 72CESOF7559
Policy Limits: $ : $ 1000,000 occurrence/$2,000,000 agqreqate Bidder Registration Form
City of Foster City 00-4325 - 1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

126

Rev. 0
February 2022
A.M. Best Ratinq: A+XV
Automobile Liability:

Carrier: National Union Fire Insurance Company of Pittsburgh, PA Address: 1271 Ave of the Americas, FL 37, New York, NY 10020-1304 Phone and Fax: (212) 458-5000
Policy Number: 542565al
Policy Limits: $ $1,000,000 Combined Single Limit
A.M. Best Rating: A XV
All-risk Course of Construction (if Required by Document 00 5205 Construction Services Agreement, Attachment C):

Carrier: n/a
Address:

Phone and Faxa
Policy Number:

Policy Limits: $
A.M. Best Ratinq:

BIDDER CERTIFIES, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS

CURRENT AND ACCURATE AND AUTHORIZES OWNER, AND ITS AGENTS AND

REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.
t//xs,b4f
DATE
Bidder Registration Form
City of Foster City 00-4325 - 2

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

127

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February 2022

SAFETY EXPERIENCE
The following statements as to the Bidder's safety experience are submitted with the Bid, as partthereof, and the Bidder guarantees the truthfulness and accuracy of all information.

1. List Bidder's interstate Experience Modification Rate for the last three years. [2021 J 0.82 [20223 0.80- [20233 0.84-

2. Use Bidder's last year's Cal/OSHA 300/301 log to fill in the following number of injuriesand illnesses:
a. Number of lost workday cases o
b. Number of medical treatment cases o
C. Number of fatalities o

3. Employee hours worked last year 1042,115.

4. State the name of Bidder's safety engineer/manager: Phill Couto Attach a resume or outline of this individual's safety and health qualifications and experience.

I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS CURRENTAND ACCURATE AND I AUTHORIZE OWNER, AND ITS AGENTS AND REPRESENTATIVES TOOBT AIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

BIDDER:

BY:

Signature
Its:

Title
Date lpgb't

END OF DOCUMENT
Bidder Registration Form
City of Foster City 00-4325 - 3

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

128

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February 2022
DOCUMENT 00 4330

SUBCONTRACTORS LIST
The Subcontractors List must include the names of all subcontractors for those subcontractors who wi perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of the total Bid amount. (Public Contract Code § 4104.)
Name of Subcontractor and
Location of Place of Business
Description of
Work
Subcontractor's
License No.

DIR Registration
Number"

QUICK SET CONSTRUCTION
CO INC
Setting
Modulars
540793 n/a
I
(Bidder to attach additional sheets if necessary)
Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

END OF DOCUMENT
Subcontractors List
City of Foster City 00-4330 - 1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

129

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February 2022
DOCUMENT 00 4519

NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
samthekf;ad)l'M $of QTo;k '["l"e' ,thepartymakingtheforegoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any otherbiddertoputinafalseorshambid. Thebidderhasnotdirectlyorindirectlycolluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element oT the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay,any person or entity for such purpose.

Any person executing this declaration on behalf oF a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on BIDDER'S SIGNATURE: ,/'7
Cn
LEGAL NAME OF BIDDER: AOM Web/N tl,

END OF DOCUMENT
Non-Collusion Affidavit (CS)
City of Foster City 00-4519 - I

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

130

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March 2022
DOCt)MENT 00 4545

BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID The undersigned Bidder certifies to Owner as set forth in sections 3 through 9 below.

1. ST ATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order or the National Labor Relations Board.

2. CERTIFICATION OF WORKER'S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code 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.

3. CERTIFICATION OF PREV AILING WAGE RATES AND RECORDS By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. I further certify that Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 3777.5, regarding the employment and training of apprentices. It is the Contractor's responsibility to ensure compliance by any and all subcontractors performing work under this Contract.

4. CERTIFICATION OF SKILLED AND TRAINED WORKFORCE PROGRAM By my signature here, Pursuant to Public Contract Code section 2602 and if and to the extent otherwise required by law, as the contractor, I certify that contractors and subcontractors at every tier wi comply with the Skilled and Trained Workforce Requirements of Public Contract Code Chapter 2.9 (Sections 2600 through 2603). Contractor also understands and acknowledges that it shall provide the Owner a monthly report, in the form appended to Document 00 4ei45 or a substantially similar Form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in Public Contract Code Chapter 2.9 (Sections 2600 through 2603). IfContractor fails to provide the monthly report, or a report that is incomplete, Owner will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Section 2600-2603 are hereby incorporated by reference and made a part of this agreement.

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 Sections 1777.1 and 1777.7 of the California Labor Code, Contractor, and Subcontractors, and am eligible to bid and work on public works projects.

6. CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that al federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

Bidder Certifications (CS)
City of Foster City 00-4545 - 1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

131

Rev. 0
March 2022

7. CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications." If a statement of "Previous Disqualifications" is attached, please explain the circumstances.

8. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, 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 Contractor to comply with all applicable local, state, and federal laws or regulations governing the abor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

9. CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR REGISTRATION By my signature hereunder, as the Contractor, l certify that Contractor, and all Subcontractors listed on Document 00 4330 (Subcontractors List) are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section "1720) of the California Labor Code.

Contractor's registration number is [please complete7 . Subcontractors' registration numbers are as indicated in Document 00 4330.

BIDDER-
Date: Yl>Qs
1, , l/, NaffeofBidder)
(Signature)
(Print Name)
Its: /XA/ j4f W(Title)

END OF DOCUMENT
Bidder Certifications (CS)
City of Foster City 00-4545 - 2

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

132

Rev. 0
February 2022
DOCUMENT 00 4548

IN-USE OFF-ROAD DIESEL-FUELED FLEETS

CERTIFICATION

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID Tlie undersigned Bidder ceitifies to Owner as set forth in sections 1 throrigli 2, below.

1. Certification of Compliance. I hereby certify that I and all of my Subcontractors will conform to the California Air Resource Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) - (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1)- (5).

2. Instructions. Check one (1) box below.

C Bidder's current CARB issued Certificate of Reported Compliance accompanies tliis Certification. (If this box is cliecked, tlie Ceitificate imtst be provided.) € Bidder ceitifies tliat its work on tlie Project (including work of its Subcontractors) does not involve the rise of veliicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets reqriirements.

BIDDER:

Date: , 2024
Naine': CAXVllf 6CYA)"l
(Print Name)
(Title)

END OF DOCUMENT
CARB IUOR Certification
City of Foster City 00-4548 - 1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

133

Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
> Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.
'i Name (as shown on your income tax retum). Name is requlred on this line do not leave this line blank.

MCGRATH RENTCORP AND SUBSIDIARIES
2 Business name/disregarded entity name, if different from above DBA Mobile Modular Management Corp
3 Check appropriate box kor federal tax classification of the person whose name is entered on line L Check only one of thefollowing seven boxes € Individual/sole proprietor or 5 C Corporation € S Corporation € Partnership € Trust/estatesingle-member LLC [3 Limited liability company. Enier the tax classification (C=C corporation. S=S corporation. P=Partnership) ? Note: Check the appropriate box in the line above for the tax classification ol the single-member owner. Do not checkLLC if the LLC is classified as a single-member LLC that is disregarded Trom the owner unless the owner of the LLC isanother LLC that IS net disregarded fTOm the OWn er for ll_S. ltidtirm ttiX nllmnstiQ Oth tirWlQti. /l Qin nlti-mti mh pr I I n +h21 4 Exemptions (codes apply only to
certain entities, not individuals see
instructions on page 3):

Exempt payee code (if any) 5
Exemption from FATCA reporting
code (if any)
i-s 'd-isre- g-a-rded -fron* the o-wnJer-should ::;eck-the' fflppro'pl?are gox for 'the;ax'class!fi';atWnaof:ts owe:;. " '-" '--' --- = '= 0 0ther (see instructions) > (Applles ro accoiinls mauitaingtl outside llie U S l 5 Address (number, street, and apt. or suite no.) See instructions. 5700 LAS POSIT AS ROAD
Requester's name ;nd address (optional)
6 City, state, and ZIP code
LIVERMORE, CA 94551
7 List account number(s) here (optional)
D Taxpayer Identification Number (TIN)Iz.i
Enter lour TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoidbackup withholding. For individuals, this is generally your social security number (SSN). However, for aresident alien, sole proprietor, or disregarded entity, see the instructions far Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get aTIN, later.

Social security number
or
Employer Identlfication number
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (orl am waiting for a number to be issued to me) and2. I am not subject to backup withholding because: (a) l am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am sublect to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amno longer subject to backup withholding and

3. I am a u.s. citizen or other u.s. perSOn (defined below) and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becauseyou have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paidacquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, paymentsother than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest imormation about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. * Form 1 099-INT (interest earned or paid)
* Form 1 099-DIV (dividends, including those from stocks or mutual funds)
* Form 1 099-MISC (various types of income, prizes, awards, or gross proceeds)
ii Form 1 099-B (stock or mutual fund sales and certain other transactions by brokers)
* Form 3 099-S (proceeds from real estate transactions) h Form 1 099-K (merchant card and third party network transactions) * Form 1098 (home mortgage interest), 1 098-E (student loan interest), 1 098-T (tuition)
ii Form 1 099-C (canceled debt)
* Form 1 099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a u.s. perSOn (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding. later.

Cat. No. 10231X torm W-9 (Rev. 10-2018)

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

134

DATE iMMIDDIYYYY)
9/7/2023THIS CERTIFICATE IS ISSuED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSulNG INSURER(S), ALITHORIZEDREPRESENTATIVE OR F'RODLICER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSLIRED, the policy(ies) must have ADDITIONAL INSLIRED provisions or be endorsed.If StlBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODLICER
SullivanCurtisMonroe Insurance Services (LA)
1920 Main Street
Suite 600
Irvine, CA 92614
www.SullivanCurtisMonroe.com License # OE83670

CONT ACT
NAME:
€ g.N_So. Exf): _949-250-7172 r6c, NO1: 949-852-9762-E-MAIL AD[)RESS:

INSuRERiS)AFFORDING COVERAGE NAIC #
INSIIRER A : Hartford Fire Insurance Company 19682INSLIRED McGrath RentCorp
DBA: Mobile Modular Management Corporation
5700 Las Positas Road
Livermore CA 945!b1
INSURERB : National Union Fire Ins Co Pittsburgh PA I 19445 _ INSIIRER C : Bridgeway Insurance Company i 12489 -
msupes o : AGCS Marine Insurance Company ' 22837
INSIIRER E i
INSURER F :

COVERAGES CERTIFICATE NUMBER: 76177058 REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLIED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIODINDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRi TYPE OF INSLIRANCE AOIILI
INSr)
SUBR'
WVD POLICY NtlMBER I

POLICY EFF
iMM/DD/YYYYI iMMl["6'Y%'Y1 LIMITS
-l
I
I
]
!
COMMERCIALGENERALLIABILITY i
JCLAIMS-MADE [21 0CCUR i
icontractual i
IXCU included I
72CESOF7559
Ded. $25,000
4/30/2023 4/30/2024 EACH OCCURRENCE Is 1,000,000
D7RMEMAGISEETSofERaEoNcTcu';orence) IS 300,000
MED EXP lAny one person) I$10,000
!
-PERSONAL&ADVINJlJRY I il,000,000

GEN'L AGGREGATE LIMIT APPLIES PER
10POTHLlECRY O ffl;87 [ LOC
GENERAL AGGREGATE $ 2,000,000
PRODuCTS - COMP/OP AGG $ 2,000,000
S

B AIITOMOBILE LIABILITY
7ANY AUTO
OWNED schcouteo
___ AUTOS ONLY I_l AuTOS

HIRED II NON-OWNED
_[ ALITOS ONLY p ALITOS ONLY
i II
I
I
I
I
5425651
HAPD - $1 00K limit
Comp&Coll Ded:$250
3/1/2023 3/1/2024 '
I
I
COMBINE € SINGLE LIMIT
(Ea accident) $1 ,000,000
BODILY INJURY (Pet person) $
BODILY INJURY (Pet accident) s

PROPERTY DAMAGE
(Pet accident) s
Florida PIP - Total Aqq $10,000c IX
7 UMBRELLA LIAB

EXCESS LIAEI
f-l
OCCUR
CLAIMS-MAnE
I
I
8EA7XLOOO2307 - $2M Limit

SEE ATTACHED
4130/2023
I
4/3012024 EACH OCCURRENCE
i AGGREGATE
s 50,000,000
$ 50,000,000
DED I I RETENTION !i
I ISB
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y , N
=:'eo7t:";o:';"x'c'=:"EcuT'VE @
li'i;E'a...........,,.

N{A
IIWcCo0):s5:s52"'3'a"'2ol (AOS)IH;H;HoHH13/1/202:
ll I s?:rurel I ?;H-
IE L EACH ACCIDENT S1,000,000 _
EL DISEASE-EAEMPLOYEE $I,000,000 _
EL DISEASE-POLICYLIMIT s I,000,000D 'Tenant Liability I I
MX193076389 4/30/2023 4/3072024 $1,000,000 Limit/$lO0,000 Deductible IDESCRPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 104, Addltlonal Remarks Schedule, may be attached IT more space Is requlted) Proof of Insurance
(F-f2TlFl(".ATE HOL[)ER CANCELLATION
Proof or Insurance
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD 76177058 t'lCGRARE)11 2023-24 GLI/CAU/XLS/WCO/CPP i Llnty NlSha 9 / 7 / 2 0 2 3 3 : 21 : 2 6 PM ( PS T ) Paqe 1

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

135

AGENCY CUSTOMER 10: MCGRARENI
n,
AC0R0
L,-
AGENCY
SullivanCurtisMonroe lnsurance Services (LA)
NAMED INSuRED
McGrath RentCorp
nRA' Mobile Modular Management Corporation
5700 Las Positas Road
Livermore CA 94551

POLICY NLIMBER

CARRIER NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITION AL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NLIMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: Proof of Insurance
ADDRESS:

Named Insured Continued:

Mobile Modular Management Corporation
DBA: Kitchens To Go by Mobile Modular Management DBA: Mobile Modular Portable Storage
DBA: Mobile Facilities, Inc.

McGrath 180, LLC
Vesta Housing Solutions LLC, DBA: Vesta Modular
ACORD 101 (2008/01)
LOC #:

ADDITIONAL REMARKS SCHEDULE Page of
@ 2008 ACORD CORPORATION. All nghts reserved.

The ACORD name and logo are registered marks of ACORD ATTACHMENT Th6177 05H MCGRARENI 2023-24 GII/CAU/XLS/WCO/CPP I Lxncy Nxsha 9/ 7 / 2023 3 : 21i26 (psri Page 2 of

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

136

AGENCY CUSTOMER ID: MCGRARENI
AC0RD
AGENCY
SullivanCurtisMonroe Insurance Services (LA)
NAMED INSuRED
McGrath RentCorp
nRA: Mobile Modular Management Corporation5700 Las Positas RoadLivermore CA 94551

POLICY NIIMBER

CARRIER

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NLIMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: ProoT of Insurance
ADDRESS:

Excess Liability Carriers Continued:

Bridgeway Insurance Company NAIC#12489
Policy#8EA7XLOOO230700 Eff. 4/30/2023 - 4/30/2024 S2M LimitWestchester Surplus Lines Insurance Company NAIC10172 Policy#G4740347900l Eff. 4/30/2023 - 4/30/2024 S3M LimitSteadfast Insurance Company NAIC#26387 Policy#AEC417431903 Eff. 4/30/2023 - 4/30/2024 S5M LimitColumbia Casualty Company NAIC #31127 Policy#7037149355 Eff. 4/30/2023 - 4/30/2024 S5M LimitLandmark American Insurance Company NAIC#33138 Policy#LHAl02231 Eff. 4/30/2023 - 4/30/2024 S5M LimitHomesite Insurance Company NAIC#17221 Pol_i_cy#CXSl3700970602 Eff. 4/30/2023 - 4/30/2024 S5M LimitAspen American Insurance Company NAIC#43460 Policy#CXOOCAG23 Eff. 4/30/2023 - 4/30/2024 S20M LimitEndurance American Specialty Insurance Company NAIC#41718 Policy#ELD3000l663603 Eff. 4/30/2023 - 4/30/2024 S5M Limit ACORD 101 (2008/01)
LOC #:

The ACORD name and logo are registered marks of ACORD ATTACHMENT 76177058 MCGRARENI 2023-24 Glj/CAU/XLS/WCO/CPP I Lincy Nxsha 9/7/2023 3:21i26 IPST) Paqe of

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

137

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

138

mmoo5uYar"P
Your Project - Our Commitment
4/25/24
3 Sample Contracts of Similar Scope
Berkeley Unified School District
(14) 24x40 DSA classroom buildings, (1 ) 1 2x40 restroom building 12 month rental term
Delivery 2024
John Calise
510-644-8963
facilite4,berkley.net
Oakland Unified School District
(13) 24x40 DSA classroom buildings, (1 ) 48x40 classroom building, (1 ) 1 2x40 restroom building
36 month rental term
Delivery 2024
Mary Ledezma
510-499-4447
mary.ledezma(a7ousd.orq
Navigator Schools (Charter School). Hayward, CA
(3) 24x40 classroom buildings
Purchase contract
Delivery 2024
Caprise Young
408-843-4107
caprice.younq@,naviqatorschools.orq
800.944.3442
MobiodularRsnb.com
Corpome Headquarters
5700Lai Positas Rd
Liwrmore, CA 9455T
T 925.606.9000
F')25.453.320i
Southern California
il450 Mission Blm
Mira Loma, CA 91752
T 951 .360.6600
F!)5L360.6622
Temi
4445 East Sam t-kiuston Pkwy S
Pa=idena, TX 77505
T 281.487.9222
F 28 l .487. l 289
Flonda
Pa BOX 4l08ll
Celebration, FL S4141
T 407.873. 143 l
F 800.295.a)36

6.5 Attachment 3 - Mobile Modular Management Corporation Bid Submittal

139

Mobile Modular Management Corporation
5700 Las Positas Rd
Livermore, CA 94551
925-606-9000
www. m q rc.com
Lease Quotat on and Agreement
Quote #
Date of Quote
Quote Expiration Date:

Lease Term:

Q-438425
03/1 3/2024
22 Months
Lessee PO#.

Naffi r-lSCTd kl k1iiir1 iiTij :411ffaial!Yi ri I?'_XQ_ ! r-V liil A12HT=1 iril ' a-!4-7iilia l:l&1aaaiY- Foster Citv Parks and Rec ("Lessee"l Estelle Gobrera Mobile Modular Manaaement Corooration 650 Shell Boulevard
Foster City, CA 94404
Estelle Gobrera
Phone: 1 (650) 286-3389
[email protected]
670 Shell Boulevard
Foster City, CA 94404
Cell: 1 (650) 286-3389
, [email protected]
I
a Division of McGrath RentCorp ("Lessor")
Questions?
Contact: Matt Benas
Direct Phone: 3 (925) 453-3122
[email protected]
Jj41lV1l}aFaiT'M$%"ll(i " * - - - * - * - - , . * -
Classroom, 24x40 DSA (ltffi'm'l'O-O'l) (RH) (-Right ----'--'---" - 7 HandDoorConfiguration.Openplan.Tackboard i
interior.) 2 $1,341.00 $2,682.00 Yi
RNT,Ramp 2 $368.00 $736.00 YI
Classroom, 48x40 DSA (NonStd) (Non-Standard
Configuration.Sizeexcludes3'towbar.) 1 $3,232.00 $3,232.00 Y RNT,Ramp < $368.00 $368.00 Y
Restroom, 12x40 HCD (lteml094)(BG) (Boy/Girl
or Male/Female.Configuration and Fixture Count
Varies.Sizeexcludes3'towbar.Nowindows.) 1 $1,828.00 $1,828.00 Y RNT,Ramp 1 $478.00 $478.00 Y
Equipment and Accessories Monthly Subtotal: $9,324.00 fdar.7.l!'miml(l)ffTMl ' at aJ!'ffi'J4?j- " fflffaP!P%ratl."-9-%!IP!* * s * * y * a ffi I * !l - * @ * ffi - - * u * - Classroom, 24x40 DSA (ltemlOOl) (RH) (Right
Hand Door Configuration.0pen plan.Tackboard
interior. )
Delivery
Delivery Pilot
Delivery Permit
Block and Level Building
Essential Material Handling Fee
4 4
4 2
4 Delivery Haulage Fuel 4
RNT, Install
Modification (In House Labor) (Std Alone
Fire Alarm)
Modification (In House Labor) (Mini
Blinds)
2 2
4 Classroom, 48x40 DSA (NonStd) (Non-Standard
Configuration.Size excludes 3' towbar.)
Delivery
Delivery Pilot
Delivery Permit
4 4
4 Quote # Q-438425
4/23/2024 2:24.45 PM
$1,195.00
$525.00
$144.00
$8,332.00
$1 ,037.00
$27.00
$1,512.00
$1 ,702.00
$334.00
$1,195.00
$525.00
$144.00
$4,780.00
$2,100.00
$576.00
$16,664.00
$4,148.00
$108.00
$3,024.00
N
N
N
N
N
N
N
$3,404.00 Y
$1 ,336.00 Y
$4,780.00
$2,100.00
$576.00
N
N
N

Page 1 of 8 ends

Foster City City CouncilMay 20, 2024

Foster City City Council
May 20, 2024