Agenda packet — Foster City City Council, July 15, 2024 (part 1 of 3)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
Teleconference Location:

Vice Mayor/Vice President Stacy Jimenez
Landward Court
1 Harrowby St, London W1H 5HB, United Kingdom
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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

5.2. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Nutanix Hyperconverged Servers with a ThreeYear Software Subscription from Roundstone Solutions Inc. in an Amount Not to Exceed $100,252.90
a) Staff Report
b) Adopt Resolution

5.3. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Twoyear Master Services Agreements with 4Leaf, Inc (4LEAF) and West Coast Code Consultants, Inc (WC3), with an Amount Not to Exceed $150,000 Each, for Professional oncall Building Services for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $300,000 to Account No. 001082042442 51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B)(3)
a) Staff Report
b) Adopt Resolution

5.4. A Resolution of the City Council of the City of Foster City Authorizing the Award of Construction Contract to G. Bortolotto & Company, Inc. In the Amount of $1,989,541.55 for the Construction of the Street Rehabilitation Park Pathway Restoration Project (20232024) CIP301716; and the Execution of a Task Order With CSG Consultants in the Amount of $198,940 for Construction Management, Inspection Services, and Material Testing Services; Appropriation of $500,000 From Fund 102 (Measure A); and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C)— Existing Facilities
a) Staff Report
b) Adopt Resolution

5.5. A Resolution of the City Council of the City of Foster City Accepting the Work Performed by VSS International, Inc. for the Constrruction of Street Rehabilitation Project FY21/22 and Park Pathway Restoration Project FY21/22 (CIP 301703/301702) and Directing the City Clerk to File the Notice of Completion (CEQA Status: Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

5.6. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for Citywide Janitorial Services for a Term of October 1, 2024, Through September 30, 2026
a) Staff Report
b) Adopt Resolution

5.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications, Authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (CIP 455695) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities a) Staff Report
b) Adopt Resolution

5.8. Consideration of the Independent Citizens’ Bond Oversight Committee’s FY 20232024 Final Report to the City Council Regarding the Expenditures of Bond Proceeds Associated with the Levee Protection Planning and Improvements Project (CIP 327657)
a) Staff Report
b) By Minute Order, Receive and Accept Report

6. NEW BUSINESS

6.1. Consideration of Placing a Measure on the November 5, 2024 General Municipal Election Ballot Amending the Business License Tax a) Staff Report
b) Action (City Council to select one of the four models and their corresponding resolution and ordinance attachments) – A Resolution of the City Council of the City of Foster City Ordering the Submission to the Qualified Voters of the City at the General Municipal Election to Be Held on November 5, 2024, a Measure to Amend Section 5.04.060 (Constitutional Apportionment) of Chapter 5.04 (General Provisions), Sections 5.08.050 (Gross Receipts), 5.08.080 (Solicitor), 5.08.090 (Specialty Contractor), and

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

5.24.010 (Rates) of Chapter 5.24 (Gross Receipts Tax), Within Section I (Business Licenses Generally) of Title 5 (Business Licenses and Regulation) of the Foster City Municipal Code Authorizing the Submittal of Ballot Arguments in Favor of or Against the Measure; Providing for Rebuttal Arguments; And Directing the City Attorney to Prepare an Impartial Analysis

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

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

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.2. 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)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

6. NEW BUSINESS

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

6. NEW BUSINESS

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

6. NEW BUSINESS

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

6. NEW BUSINESS

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.3. Report Out from Closed Session

10. 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
Teleconference Location:

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, July 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
PURSUANT TO RALPH M. BROWN ACT, ALL VOTES SHALL BE BY ROLL CALL DUE TO VICE MAYOR/VICE PRESIDENT STACY JIMENEZ TELECONFERENCING FROM 1 HARROWBY ST, LONDON W1H 5HB, UNITED KINGDOM

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. 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.

5.1. City/EMID Regular Meeting Minutes of June 17, 2024

6. NEW BUSINESS

5.08.100 (Sworn Statement) of Chapter 5.08 (Definitions), and Section

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on June 5, 2024, and June 13, 2024, and ACH were processed on June 5, 2024 a) Information Item Only
b) No Action Required

9. CLOSED SESSION

9.1. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)

9.3. Report Out from Closed Session

10. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JUNE 17, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of June 17, 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 Patrick 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: Marlene Subhashini, Acting City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Tracy Avelar, Police Chief; Andrew Brozyna, Public Works Director; Diane Pitman,
Administrative Services Director; Waqas Hassan, Assistant Finance Director; Mark Lee, Police Lieutenant; Frank Fanara, Parks Manager; Garrett Gotthardt, Parks Supervisor; Colleen Gotthardt, Recreation Coordinator; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
RECOGNIZING FOSTER CITY LITTLE LEAGUE ALL-STARS 2024: JUNIORS, 12'S ALL-STARS, 11'S ALL-STARS, AND MINORS SUPER BOWL.

Sanjay Gahani gave a presentation recognizing the Foster City Little League All-Stars:

Juniors, 12's All-Stars, 11's All-Stars, and Minors Super Bowl teams.

5.1 5.1 Minutes

7 PROCLAMATION RECOGNIZING AND OBSERVING JUNETEENTH.

Mayor Sullivan presented the proclamation recognizing and observing Juneteenth to Alexis Lewis and Mary Allen Davis, representing the Foster City Association of Black Residents, National Association for the Advancement of Colored People (NAACP), and Island United Church.

PROCLAMATION DECLARING THE WEEK OF JUNE 16-22, 2024 AS “NATIONAL MOSQUITO CONTROL AWARENESS WEEK.”
Vice Mayor Jimenez presented the proclamation declaring the week of June 16-22, 2024 as “National Mosquito Control Awareness Week” to Paul Norton and Rachel Curtis- Robles, representing the San Mateo County Mosquito and Vector Control District.

PROCLAMATION DECLARING THE MONTH OF JULY AS “PARKS AND RECREATION MONTH.”
Councilmember Froomin presented the proclamation declaring the month of July as “Parks and Recreation Month” to Parks Supervisor Garrett Gotthardt and Recreation Coordinator Colleen Gotthardt.

PUBLIC
Auros Harman addressed the City Council via email regarding district elections.

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of June 3, 2024;

2. City Ordinance No. 680, “An Uncodified Ordinance of the City of Foster City Establishing New Fees for Sidewalk Vending Permit and Fines, Non-Resident Park Rental Fees, and Revising the Existing Park Cancellation Fee and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3) (First Reading on June 3, 2024);”

3. City Resolution No. 2024-61, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Sign a School Crossing Guard Agreement with the San Mateo–Foster City School District for the 2024-2025 School Year;”

4. City Resolution No. 2024-62, “A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated June 17, 2024;”

5.1 5.1 Minutes

8 5. EMID Resolution No. 3763, “A Resolution of the Board of Directors of the Estero Municipal Improvement District (District) Adopting an Updated Investment Policy Dated June 17, 2024;”

6. EMID Resolution No. 3764, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Awarding an Agreement to Erler & Kalinowski, Inc., in an Amount Not-to-exceed $200,000, to Provide Project Management Assistance for the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455- 652) (Clean Water Program) CEQA Status: Project Exempt Under the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(B)(3);” and

7. Approval to Cancel the July 1, 2024 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District.

ITEMS PULLED FROM CONSENT CALENDAR
AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH OPENGOV INC. IN AN AMOUNT NOT TO EXCEED $272,386.42 FOR A 3-YEAR SUBSCRIPTION TO THE CARTEGRAPH ASSET MANAGEMENT SOFTWARE. CITY RESOLUTION NO. 2024-

63. APPROVE AN AMENDMENT TO THE JUNE 2022 AGREEMENT WITH GRANICUS, LLC TO RENEW THE CITY’S SUBSCRIPTION FOR THE PRIMEGOV AGENDA AND MEETING VIDEO MANAGEMENT SOFTWARE THROUGH JUNE 14, 2025 IN AN AMOUNT NOT TO EXCEED $26,433.55. CITY RESOLUTION NO. 2024-64.

Without objection from the City Council, Mayor Sullivan removed these items from the Consent Calendar at the request of Councilmember Kiesel.

IT Manager Lasky presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Mayor Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-63, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Opengov Inc. in an Amount Not to Exceed $272,386.42 for a 3-Year Subscription to the Cartegraph Asset Management Software,” and City Resolution No. 2024-64, “A Resolution of the City Council of the City of Foster City Approving an Amendment to the June 2022 Agreement With Granicus, LLC to Renew the City’s Subscription for the Primegov Agenda and Meeting Video Management Software Through June 14, 2025 in an Amount Not to Exceed $26,433.55, and Authorizing the City Manager to Sign the Current and Future Renewal Amendments to the Original Agreement.”

AUTHORIZE A REQUEST TO THE METROPOLITAN TRANSPORTATION
COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2024-2025
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE

5.1 5.1 Minutes

9 PROJECT FUNDING AND FINDING THIS RESOLUTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINES SECTION 15378 (B). CITY RESOLUTION NO. 2024-65.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar.

Public Works Director Brozyna presented the staff report.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-65, “A Resolution of the City Council of the City of Foster City Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding and Finding This Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15378 (B).”

REPORTS

RECREATION CENTER FUNDING DECISIONS INCLUDING FEASIBILITY OF A BOND MEASURE FOR THE NOVEMBER 5, 2024 GENERAL ELECTION TO FUND THE RECREATION CENTER REBUILD PROJECT (CIP 301-678). MINUTE ORDER NO. 1980.

Acting City Manager Subhashini presented the staff report.

Jane Lim addressed the City Council via written letter.

Karen Epstein and Marian Chapin addressed the City Council in person.

Evan Adams and Ajay Godbole addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1980, receiving and accepting the report and directing staff to schedule a Study Session as soon as possible to discuss and consider all options to bridge the City’s structural deficit gap and to maintain healthy General Fund reserves.

RECESS. Meeting recessed 8:38 p.m. and reconvened at 8:44 p.m.

RESOLUTIONS FOR ADOPTION

5.1 5.1 Minutes

10 APPROVE THE FISCAL YEAR 2024-25 FINAL CITY/DISTRICT BUDGET. CITY RESOLUTION NO. 2024-66. EMID RESOLUTION NO. 3765.

Assistant Finance Director Hassan presented the staff report.

Discussion ensued.

Motion by Mayor/President Sullivan, seconded by Councilmember/Director Hindi, and carried, 3-2-0, Vice Mayor/Vice President Jimenez and Councilmember/Director Kiesel voted “no,” adopting City Resolution No. 2024-66 and EMID Resolution No. 3765, “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Approving the Fiscal Year 2024-25 District Budget.”
ADOPT A POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA. CITY RESOLUTION NO. 2024-67. EMID RESOLUTION NO. 3766.

City Attorney/District Legal Counsel Stock presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Mayor/President Sullivan, and failed by roll call vote, 3-2-0, Vice Mayor/Vice President Jimenez, Councilmember/Director Froomin, and Councilmember/Director Kiesel voted “no,” to adopt City Resolution No. 2024-67 and EMID Resolution No. 3766, “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Adopting a Policy for Requesting to Add Items to a Future Agenda.” Discussion ensued.

Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Hindi, and carried by roll call vote, 4-1-0, Councilmember/Director Kiesel voted “no,” adopting City Resolution No. 2024-67 and EMID Resolution No. 3766, “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Adopting a Policy for Requesting to Add Items to a Future Agenda” with the amendment to item 3 of both resolutions, changing the policy from requiring the support of only one other Councilmember/Board Member in addition to the requesting Councilmember/Board Member to agendize an item, to requiring the support of at least two (2) other Councilmembers/Board Members.

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

City/District Warrants of Demands were Processed and Issued on May 29, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

5.1 5.1 Minutes

11 REQUESTS, AND COUNCIL LIAISON REPORTS
Acting City/District Manager Subhashini stated that the July 1 regular City Council meeting is cancelled and the next meeting will be held on July 15.

Councilmember/Director Froomin attended the Rethink Waste, formerly known as South Bayside Waste Management Authority (SBWMA), Finance Committee meeting on June 11, where they discussed a ten-year strategic plan. He requested to agendize the consideration of no longer accepting public comments via teleconference and received the support from Mayor/President Sullivan and Vice Mayor/Vice President Jimenez.

Councilmember/Director Kiesel stated that he attended the San Mateo County Library Joint Powers Authority Governing Board meeting on June 17, where they adopted their fiscal year 2024-2025 budget.

Councilmember/Director Hindi stated he attended the San Francisco Airport Community Roundtable meeting on June 5, where they received a presentation from NASA representatives on supersonic aircraft.

Vice Mayor/Vice President Jimenez stated she attended the City/County Association of Governments of San Mateo County (C/CAG) Board meeting on June 13, and reported they had a discussion on the San Mateo Countywide Automated Vehicle Strategic Plan.

On June 14, she attended the San Mateo-Foster City School District Partners Luncheon.

Mayor/President Sullivan stated that on June 5, he attended the annual Badge Pinning Ceremony for the Foster City Police Department and met with a representative from Gilead Sciences to discuss impact fees and the upcoming Business License Tax. On June 15, he joined the Foster City Lions Club to serve lunch to veterans in Palo Alto, and later attended the Juneteenth Celebration event hosted by the Foster City Association of Black Residents (FCABR) at the Recreation Center.

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

1. 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: (Two potential cases)

2. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager

3. Report Out from Closed Session
Meeting recessed into Closed Session at 9:24 p.m. and reconvened at 10:10 p.m.

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

5.1 5.1 Minutes

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

5.1 5.1 Minutes

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DATE: July 15, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: THREE-YEAR SOFTWARE SUBSCRIPTION WITH
ROUNDSTONE SOLUTIONS, INC. TO PURCHASE

REPLACEMENT NUTANIX HYPERCONVERGED SERVER WITH
SERVICES IN AN AMOUNT NOT TO EXCEED $100,252.90

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a three-year software subscription with Roundstone Solutions, Inc. to purchase Nutanix Hyperconverged Servers and services in an amount not to exceed $100,252.90.

EXECUTIVE SUMMARY
Foster City’s current Nutanix Hyperconverged Server was purchased in 2020 and is due for replacement. A replacement system will provide a redundant and reliable infrastructure to support the City’s server requirements. Funding for the replacement was budgeted within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024 and has been requested for carryover to Fiscal Year 2024-2025.

BACKGROUND/ANALYSIS
Foster City has used server virtualization since 2006 as a way to provide reliability and flexibility while also shrinking data center hardware requirements. Virtualization enables

5.2 5.2 Staff Report

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6 9
the City to run over 100 virtual Windows server installs on a handful of actual physical servers. This equates to 90% of the City’s server-based applications.

The City has used Nutanix hardware and software for its virtualization hosts since 2016.

Nutanix is a hyperconverged system, meaning it places the storage on the same hardware as the CPU and memory, allowing staff to use a single vendor for support.

The existing server was purchased in January 2020 and its replacement was deferred for one (1) year.

In lieu of recycling the current server hardware, staff plans to reuse it to create a disaster recovery site. Staff would replicate a copy of the City’s active server data to this disaster recovery site, allowing the City to bring this server back into production quickly in the event that the main data center were to be damaged or destroyed. A replacement system will provide a redundant and reliable infrastructure to support the City’s server requirements.

An RFP for replacement servers and software was released on 4/16/2024. Four proposals were received, and the lowest cost proposal was from Roundstone Solutions.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The project was initially budgeted for $75,000 within the Information Technology (IT) Internal Services Fund under account # 504-0160-419-4388 for Fiscal Year 2023-2024 and will be requested for carryover to Fiscal Year 2024-2025 at later meeting in August 2024. For the remaining balance of $25,252.90, savings from other IT capital projects can be used to fill the funding gap; therefore, no additional appropriation is required.

The savings will be realized on other nearly completed IT capital projects that will also be requested for carryover in August 2024.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Agreement

5.2 5.2 Staff Report

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2 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR SOFTWARE
SUBSCRIPTION WITH ROUNDSTONE SOLUTIONS, INC. TO PURCHASE NUTANIX

HYPERCONVERGED SERVERS AND SERVICES IN AN AMOUNT NOT TO EXCEED $100,252.90

CITY OF FOSTER CITY
WHEREAS, virtual servers help to support the operations of the City and server virtualization has been used since 2006 as a way to provide reliability and flexibility while also shrinking data center hardware requirements; and
WHEREAS, the City's existing servers are hyperconverged, and City staff recommends continuing to purchase servers that are hyperconverged; and WHEREAS, City Staff has evaluated options to deliver virtualized servers and issued a Request for Pricing in April 2024; and
WHEREAS, City Staff received competitive bids for the acquisition of equipment and recommends that the City purchase servers and services from Roundstone Solutions Inc. in an amount not to exceed $100,252.90; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504) to cover the purchase of said equipment and services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a three-year software subscription with Roundstone Solutions, Inc. to purchase of Nutanix Hyperconverged servers and services in an amount not to exceed $100,252.90.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Resolution

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VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
NUTANIX HARDWARE AND SOFTWARE 2024
This Agreement is made and entered into as of the 15th day of July, 2024 by and between the City of Foster City hereinafter called "CITY" and Roundstone Solutions Inc. hereinafter called "VENDOR".

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

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

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other

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required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR 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 VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to VENDOR demanding such cure, in which case VENDOR 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 VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Thousand Two Hundred Fifty Two Dollars and Ninety cents ($100,252.90). Invoices for amounts in excess of One Hundred Thousand Two Hundred Fifty Two Dollars and Ninety cents ($100,252.90) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s 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 VENDOR meeting contract milestones as defined in

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Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s 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 product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’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. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as CITY’s agent in any capacity, whatsoever. VENDOR 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 VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by

5.2 Attachment 2 - Agreement

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governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

VENDOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

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

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

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to City property, City employees, persons designated by City for training, or any other person(s) other than VENDOR’s agents or employees, designated by City for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at City’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including,

5.2 Attachment 2 - Agreement

20 5 Updated 1/10/2022
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 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 VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to City against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:

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i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement
impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D,

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Insurance, which are attached and made a part of this Agreement.

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

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

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

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

17. Notice. All notices required by this Agreement shall be given to the CITY and VENDOR 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

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Attention: Rob Lasky
VENDOR: Roundstone Solutions Inc.
120 Village Square, #65
Orinda, CA 94563
Attention: Tim Joyce
Email Address: [email protected]

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

19. Substitutions. VENDOR may not substitute any Products or Services without City’s advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agreement without City’s advance written consent.

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.
a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by City, free from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty. b. All warranties, including special warranties specified elsewhere herein, shall inure to City, its successors and assigns, and any users of the Products or Services.

21. Samples.
a. City may require samples of items inspection and specification testing and must be furnished free of expense to City. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.
b. Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

22. Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified.

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23. Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii. the number of the container in which the packing sheet has been enclosed.
b. All shipments by VENDOR or its subcontractors must include packing sheets identifying City’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.
c. Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by City.

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement.

Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.
a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to City covering Products and Services under the Agreement and will tender to City only Products that have been inspected and found to conform to all requirements.

VENDOR will keep records evidencing inspections and their result, and will make these records available to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.

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d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be
construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations. VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and City, and shall defend, indemnify and hold the City harmless against any loss, cost, damage or liability by reason of VENDOR’s violation of this provision.

27. National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against VENDOR within the immediately preceding two-year period because of VENDOR’s failure to comply with an order of the National Labor Relations Board.

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, City shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

30. 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.

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

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

33. Conflict of Interest. VENDOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with CITY that VENDOR 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) VENDOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential VENDORs, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

34. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for City, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify City in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

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35. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

36. Entire Agreement. This Agreement, including Exhibits A, B C, D, E and F, comprises the entire Agreement.

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

CITY OF FOSTER CITY
Dated: _________________________________ _______________________, Mayor
(for contracts $50,000 or more)
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Tim Joyce, President and CEO

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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
NUTANIX HARDWARE AND SOFTWARE 2024
Scope of Deliverables:

Nutanix Cloud Infrastructure (NCI) Pro Software Subscription, for 60 cores NX-1365-G9, 3 node, consisting of:
6 total - Intel/Xeon-Silver 4410T processor (2.7GHz/10-core/150W,Sapphire Rapids) 36 total - 64 GB Memory Module
6 total – 18TB 3.5” HDD
3 total – 7.68TB SSD
3 total – LOM Module, Broadcom 10GbE 2-port, Base-T
6 total – Mellanox 25/10GbE, 2-port NIC
2 total – C13/C14 10A 4ft power cord
3 total – TPM 2.0 Module Unprovisioned
Scope of Services:
36 months 24/7 Production Level HW Support for Nutanix cluster Project Schedule
Hardware will be shipped within 4 weeks of signed agreement. Project will be complete once hardware is received, however Nutanix will continue to provide the prepaid 36 months hardware support.

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EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Itemized Fees
Description Price Quantity Extended
Price
Nutanix Cloud Infrastructure (NCI) Pro
Software Subscription, for 60 cores
$60,809 36 months $60,809
(non-taxable)
NX-1365-G9, 3 node, consisting of:
•6 total - Intel/Xeon-Silver 4410T processor
(2.7GHz/10-core/150W,Sapphire Rapids)
•36 total - 64 GB Memory Module
•6 total – 18TB 3.5” HDD
•3 total – 7.68TB SSD
•3 total – LOM Module, Broadcom 10GbE 2-
port, Base-T
•6 total – Mellanox 25/10GbE, 2-port NIC
•2 total – C13/C14 10A 4ft power cord
•3 total – TPM 2.0 Module Unprovisioned
$33,067 1 $33,067
24/7 Production Level HW Support for Nutanix
cluster
$2,996 36 months $2,996
SUBTOTAL: $ 96,872.00
TAX (9.375%) $ 3,380.90
GRAND TOTAL: $100,252.90
Upon receipt of hardware, a Net30 invoice will be issued for payment of fees.

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

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EXHIBIT D

INSURANCE
VENDOR shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Vendor Name, hereinafter referred to as "Vendor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Vendor's Duty to Show Proof of Insurance. Vendor, 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 Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the 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, Vendor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Vendor shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Vendor shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Vendor or 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 Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the 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”.
[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE VENDOR. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE.

PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

1.3 Claims-Made Basis Coverage

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

2.City as Additional Insured
On Vendor'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 Vendor shall be maintained until the completion of all of Vendor's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Vendor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Vendor in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Vendor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Vendor is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Vendor shall provide coverage equivalent to the insurance coverages and endorsements required above. The 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 Vendor is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Vendor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the 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 Vendor’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Vendor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

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3.6 Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. City , at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor 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 Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Vendor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Vendor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Vendor and its subcontractors by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Vendor's and subcontractors policies.

Construction Manager and its subcontractors shall afford 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 D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

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

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

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

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

ADDRESS:

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TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT E
SPECIAL TERMS and CONDITIONS

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EXHIBIT F
COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Vendor”) dated ___________________________.

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

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

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

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

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

2. COVID-19 Conditions and Proposal. Vendor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Vendor’s price and schedule. In order to be

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

3. Compliance with COVID-19 Proclamations.

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

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

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Vendor may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Vendor is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Vendor incurs increased costs that are Unknown COVID-19 Costs.

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

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

8. Monitoring and Reporting. City may require the Vendor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID- 19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Vendor shall immediately report to City any outbreaks of COVID-19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak

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

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

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DATE: July 15, 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, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: AGREEMENTS EACH WITH WEST COAST CODE
CONSULTANTS (WC3) AND 4LEAF, INC. (4LEAF) FOR

PROFESSIONAL ON-CALL BUILDING SERVICES IN AN
AMOUNT NOT TO EXCEED $150,000 EACH; AND APPROVING
THE APPROPRIATION OF $300,000 TO ACCOUNT NO. 001-
0820-424-42-51

RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions, authorizing the Mayor to execute two-year agreements each with the selected two (2) consultants, (i) West Coast Code Consultants, Inc. (WC3); and (ii) 4LEAF, Inc. (4LEAF) for professional on-call building services for the Building Division of the Community Development Department in an amount not to exceed $150,000 and without limitation for certain plan check fees that will be payable directly by the applicant; approving the appropriation of $300,000 to Account No. 001-0820-424-42-51; and finding approval of the agreements exempt from the CEQA pursuant to 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

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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.

The Building Division has a limited staff comprising of six (6) personnel providing services related to construction permit activity. Limited staff poses a significant challenge in providing 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.

On May 20, 2024, staff requested authorization to issue Request for Proposals (RFP) for an on-call consultant services to augment Building Division staff of CDD. Upon approval from the City Council, an RFP was issued on May 21, 2024, with a due date of June 11, 2024. Staff received a total of seven (7) responses, including WC3, Bureau Veritas, TRB and Associates, Inc., Shums Coda Associates, Inc. (SCA), CSG Consultants, Inc. (CSG), 4LEAF, True North Compliance Services, Inc.

Upon review of the proposals from the firms that responded to the RFP, staff acknowledged that all the firms are qualified. However, staff recommends that the City Council execute agreements with 4LEAF and WC3 for a period of two (2) years each.

The total amount for two (2) two-year contracts would be $300,000.

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, which proves challenging during staff absences due to vacation, training, illness, and 9/80 off working schedule. There have been instances when regular personnel are unavailable due to vacation or illness or vacant position.

On July 17, 2023, the City Council authorized agreements with two (2) selected consultants for professional on-call building services, including WC3 and 4LEAF, 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, plan reviews, and at present are being used for interim Chief Building Official position, while the city fills the permanent position.

Both the agreements with the consultants were for one (1) year and expired 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,

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

ANALYSIS
On May 20, 2024, staff requested authorization from the City Council to issue an RFP for professional on-call building services for the Building Division of the CDD. Subsequent to this, on May 21, 2024, upon authorization from the City Council, City staff issued an RFP with a due date for proposals/responses by June 11, 2024.

The RFP was advertised in following ways soliciting responses to the scope of work for Professional on-call Building Services:

1. Sent to consulting firms via email – May 21, 2024; and

2. Posted on City’s RFP webpage – May 21, 2024.

Staff received seven (7) responses to the RFP, including, WC3, Bureau Veritas, TRB and Associates, Inc., SCA, CSG, 4LEAF, True North Compliance Services, Inc.

Evaluation of RFP Responses
Given the number of responses from reputable firms, staff awarded points based on proposal content submitted by the consulting firms so that City can enter into agreements with two (2) consulting firms. The maximum number of points that any firm can score is 25 points.
•Expertise/Experience (5 points).
•Understanding of Foster City Regulations (5 points).
•Qualifications of Key Team Member Summary (5 points).
•Proposed Project Approach and Work Plan (5 points).
•Fee Proposals (5 points)
•References (5 points)
Upon evaluation of the responses, the following points were scored for each of the seven (7) firms, with 4LEAF and WC3 scoring the most points.

Consulting
Firm
4 Leaf Bureau
Veritas
CSG Shums
Coda
Associates
TRB+Associates True North
Compliance
Services
WC3
Score 25 17 24 23 21 19 25
While cost was an important factor, the proposals were evaluated on the basis of expertise, reliability, and comprehensive service capabilities. WC3 and 4LEAF demonstrated a strong track record in handling Foster City projects and providing knowledgeable staff, which gives staff confidence in their ability to deliver. Their fee structure, though not the lowest, included additional services such as ongoing support

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and proactive regulatory compliance checks. By entering into agreements with WC3 and 4LEAF Consultants, staff anticipates fewer complications and better long-term outcomes.

This decision was the result of a thorough evaluation process where in addition to considering initial costs, the overall value and benefits provided by the consultant were considered.

It shall be noted that for building inspection and permit support services, the fee charged would be based on an hourly rate for personnel assigned as included in the fee proposal.

However, for certain plan checks/reviews, the fee charged would be on fixed percentage basis and these fees will be paid directly to the consultant by the applicant. This is a common practice where for plan checks, consultants take a portion of the fees, usually 65% or 70% and city receives the remaining plan check fees. Plan check fees are paid at the time of permit submittal and the remaining fees, including building permit fees, General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance Fees etc. are paid at the time of issuance of the permit.

The on-call services will help manage staffing challenges, meet the demands of new construction projects, and ensure consistent and efficient service delivery to the Foster City community including residents and businesses. Staff is recommending that City Council authorize the execution of agreements with the two (2) consultants, 4LEAF and WC3. In addition, staff is also recommending the length of the agreement to be for two (2) years instead of one (1) year to continue engaging on-call consulting services to provide coverage and ensure that the services are not interrupted.

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

FISCAL IMPACT
The agreements for on-call building services include building inspection, permit support services, and plan reviews. There will be no fiscal impact for Plan check services as the partial fixed percentage fee based on City’s master fee schedule would be paid directly by the applicant to the consultant. However, for staff augmentation services, staff is requesting an appropriation of $150,000 each to Account No. 001-0820-424-42-51. The total amount for two (2) two-year contracts is $300,000.

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

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ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – 4LEAF Master Services Agreement
Attachment 3 – WC3 Master Services Agreement
Attachment 4 – 4LEAF proposal
Attachment 5 – WC3 proposal

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5 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE TWO-YEAR MASTER SERVICES AGREEMENTS WITH 4LEAF, INC (4LEAF) AND WEST COAST CODE
CONSULTANTS, INC (WC3), WITH AN AMOUNT NOT TO EXCEED $150,000 EACH,

FOR PROFESSIONAL ON-CALL BUILDING SERVICES FOR BUILDING INSPECTION

AND PERMIT SUPPORT SERVICES AND WITHOUT LIMITATION FOR CERTAIN PLAN CHECK FEES THAT WILL BE PAYABLE DIRECTLY BY THE APPLICANT; APPROVING THE APPRORIATION OF $300,000 TO ACCOUNT NO. 001-0820-424-42- 51 FOR INSPECTION AND PERMIT SUPPORT SERVICES; AND FINDING APPROVAL

OF THE AGREEMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the Building Division of the Community Development Department (CDD) 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; and
WHEREAS, the Building Division consists of six (6) full time employees, 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; and
WHEREAS, to enhance service delivery, continuity, flexibility, cost-effectiveness, and customer satisfaction, it is necessary to supplement the current staff with on-call inspection and plan review services; and
WHEREAS, on May 20, 2024, the City Council authorized the request to issue an RFP for on-call consultant services for the Building Division; and WHEREAS, upon the approval of the City Council, an RFP was issued on May 21, 2024, and seven (7) responses were received by the due date of June 11, 2024, including proposals from West Coast Code Consultants, Inc. (WC3), Bureau Veritas, TRB and Associates, Inc., Shums Coda Associates, Inc. (SCA), CSG Consultants, Inc. (CSG), 4Leaf, Inc. (4LEAF), True North Compliance Services, Inc.; and WHEREAS, upon review of the proposals, the City staff found that all the firms were qualified and recommended the selection of 4Leaf and WC3 based on their fee proposal, familiarity with the City ordinances, personnel resumes, and work experiences;

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5 WHEREAS, all references verified the selected firms’ ability to provide professional services; and
WHEREAS, the agreements for on-call building services include building inspection, permit support services, and plan reviews; and WHEREAS, plan check services to be provided by the consultant are specified as the partial fixed percentage fee based on City’s master fee schedule and would be paid directly by the applicant to the consultant; and
WHEREAS, for the inspection and permit support services, staff is requesting an appropriation of $300,000 to the Account No. 001-0820-424-42-51; and WHEREAS, the on-call services provided by 4Leaf, Inc. and West Coast Code Consultants, Inc. will help manage staff absences, meet the demands of new construction projects, and ensure consistent and efficient service delivery to the Foster City community including, residents and businesses.

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

1. The approval of these Master Services Agreements is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment; and

2. The Mayor to execute two (2) two-year Master Services Agreements with 4Leaf, Inc. and West Coast Code Consultants, Inc. for professional on-call building services with an amount not to exceed $150,000 each, for building inspection and permit support services, and without limitation for certain plan check fees that will be payable directly by the Applicant, subject to final review and approval by the City Attorney; and

3. The appropriation of $300,000 to the Account No. 001- 0820-424-42-51 for building inspection and permit support services from The General Fund Reserve.

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5 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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MASTER SERVICES AGREEMENT
FOR

PROFESSIONAL ON-CALL BUILDING SERVICES
This Agreement is made and entered into as of the 16th day of July, 2024 by and between the City of Foster City hereinafter called "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

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 on July 16, 2024 and shall expire on June 30, 2026. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage

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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 one hundred and fifty thousand dollars ($150,000). Invoices for amounts in excess of one hundred and fifty thousand dollars ($150,000) 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 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 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

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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 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

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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 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 and Estero Municipal Improvement District, its Council, boards, commissions, officers,

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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 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 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.

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

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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.

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 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, 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,

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lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of 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 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:

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 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: _________________________________ Patrick Sullivan, 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 16, 2024 and terminate on June 30, 2026 unless otherwise extended in a written agreement by the parties.

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EXHIBIT B

FEE SCHEDULE

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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 16, 2024, 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 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.

1.1 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 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 one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

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

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. 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

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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.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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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71 4887-9204-2585 v1
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

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.

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”.

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

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

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

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

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

3. Compliance with COVID-19 Proclamations.

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

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

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

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

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

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
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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
________________________ ______________________________ Print Name & Title Print Name & Title

5.3 Attachment 2 - 4LEAF Master Services Agreement

76 MASTER SERVICES AGREEMENT
FOR

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

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 July 17, 2024 and shall expire on June 30, 2026 by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage

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77 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.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of one hundred and fifty thousand dollars ($150,000). Invoices for amounts in excess of one hundred and fifty thousand dollars ($150,000) 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.

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78 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.

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

5.3 Attachment 3 - WC3 Master Services Agreement

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

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.

5.3 Attachment 3 - WC3 Master Services Agreement

80 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 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.

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.

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81 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.

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: West Coast Code Consultants, Inc. (WC3)
417 Grand Avenue, #201
South San Francisco, CA 94080
[email protected]
Attention: Donald Zhao

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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82 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.

22. Liability of CITY.

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83 lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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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84 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: _________________________________ Patrick Sullivan, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Donald Zhao, Vice President/Regional Manager

5.3 Attachment 3 - WC3 Master Services Agreement

85 EXHIBIT A
Services shall commence on July 16, 2024 and terminate on June 30, 2026 unless otherwise extended in a written agreement by the parties.

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86 5.3
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87 5.3
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88 5.3
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89 5.3
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90 5.3
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91 EXHIBIT B - FEE SCHEDULE

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92 5.3
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93 EXHIBIT C

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 18, 2023, by and between West Coast Code Consultants, Inc. (WC-3), hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

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 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 one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

5.3 Attachment 3 - WC3 Master Services Agreement

94 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

3.Insurance terms and conditions:

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

ATTACHED

1. Insurance Coverage Form

5.3 Attachment 3 - WC3 Master Services Agreement

96 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:

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

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.

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

5.3 Attachment 3 - WC3 Master Services Agreement

97 ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

5.3 Attachment 3 - WC3 Master Services Agreement

98 EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between (“City”) and West Coast Code Consultants, Inc. (WC-3) (“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”.

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.

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.

3. Compliance with COVID-19 Proclamations.

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99 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.

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.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
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100

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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101

PROPOSAL TO PROVIDEPROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL

CONSULTANT SERVICES

TO AUGMENT

BUILDING STAFF

ON-CALL PROFESSIONAL

CONSULTANT SERVICES

TO AUGMENT

BUILDING STAFF

CITY OF

FOSTER CITY
JUNE 11, 2024JUNE 11, 2024
4LEAF, INC.
2126 RHEEM DRIVE
PLEASANTON, CA 94588
(925) 468-5959
TO THE

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4LEAF, INC.

TABLE OF

CONTENTS
10 - 12SECTION 3
SECTION 2

KEY PERSONNEL
3 - 9
SECTION 1 1 - 2
SECTION 4

UNDERSTANDING & APPROACH
13 - 19

LETTER OF INTEREST

EXPERIENCE & QUALIFICATIONS
SECTION 5

ACKNOWLEDGEMENT OF SERVICE AGREEMENT
20 SECTION 6

FEE PROPOSAL
21 - 23

APPENDIX

RESUMES
24 +

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SECTION 1
4LEAF, INC.

LETTER OF INTEREST

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

CITY OF FOSTER CITY

FOR THE

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104

Construction Management • Inspection • Plan Check • Planning • Code Enforcement

2126 Rheem Drive • Pleasanton, CA 94588 • Office (925) 462-5959 City of Foster City June 11, 2024
Community Development Department
610 Foster City Boulevard
Foster City, CA 94404
Attn: Sofia Mangalam, Community Development Director

RE: RFP: On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City

Dear Ms. Mangalam,

4LEAF, Inc. (4LEAF) is pleased to present our proposal to provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City (City). 4LEAF has provided professional consulting services to approximately 500 clients throughout the country for more than 23 years and we feel we are the ideal candidate for the following reasons:

 Familiar Consultant/Local Presence
4LEAF has extensive experience working with the City of Foster City, as we’ve provided the City with services such as Building Official, Inspection, Code Enforcement , Permitting, and Planning since 2021. We take pride in our commitment to maintaining relationships with local communities and providing personalized, responsive services. Additionally, we have provided services similar to those listed within the City’s RFP to numerous municipalities in San Mateo County and surrounding areas. Our firm has the staff necessary to address any needs the City may have in an on-site or remote capacity. We have experience or are currently performing services for the following clients:
• City of Burlingame
• City of San Bruno
• City of Redwood City
• City of Cupertino
• City of Daly City
• City of South San Francisco
• City of Menlo Park
• City of Half Moon Bay
• City of Palo Alto
• City of Union City
• County of San Mateo
• County of Santa Clara

 Full-Service Firm
As a full-service firm, 4LEAF can provide Professional Consulting services to aid with high project workloads that require additional staff assistance. We provide municipalities with Plan Review, Inspection, Permitting, Planning, Code Enforcement, and more. We have qualified staff available to serve the City with remote, on-site, part-time, or full-time project needs. Regarding the City’s needs, our services include:
o Plan Review: 4LEAF is an industry leader in Plan Review services and has a team of Structural Engineers, Accessibility Specialists, and Mechanical/Electrical/Plumbing/Fire Plans Examiners available to work on the City’s projects . We provide courier services that guarantee less than 24-hour pickup and delivery of all plan reviews performed off-site. We also offer electronic and expedited plan review services upon request.
o Inspection: We have over 200 inspectors on staff who specialize in Residential, Commercial, Industrial, Energy, Fire, ADA, Solar, and Public Works projects. We have a track record of providing inspectors as-needed for long- or short-term projects, including one day assignments to cover staff training, sick days, vacation days, or spikes in permit activity.

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105

Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City 2126 Rheem Drive • Pleasanton, CA 94588 • Office (925) 462-5959

o Permitting: 4LEAF’s pool of talented professionals includes qualified and experienced permit technicians capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if needed. o Additional Services: 4LEAF is capable of completing any special project assigned by the City.

This includes tasks such as implementing program development initiatives, developing documentation for the City’s Building Division, and any other work involving special projects the City may have.

 Flexible Staffing Model
4LEAF is renowned for our accommodation and history of providing flexible -staffing options to our clients. By having seven (7) California offices and over 500 employees, 4LEAF has the dedicated staff and resources to provide the appropriate levels of staffing to the task/work orders issued by the City.

This will allow our firm to provide a cost -efficient business model that will allow our team to be budget conscious while simultaneously serving each assignment.

 Qualified Personnel
Craig Tole: With nearly 20 years of experience at 4LEAF, Craig manag es as-needed personnel requests including inspections, code enforcement, building officials, and permit technicians. 4LEAF can provide personnel as early as the same day for emergency requests and deliver any level of inspector (i.e. I, II, III) including project specific Inspectors of Record.

Mike Loomis, SE, CBO, CASp: Mike serves as 4LEAF’s Director of Structural Engineering. He is responsible for managing 4LEAF’s Plan Review clientele. He will be responsible for all expedited requests, quality control, and performance of critical plan reviews assigned by the City.

Vanessa Morales: As Plan Review Coordinator Manager, Vanessa supervises the internal routing and completion of plan review s. Additionally, she is responsible for the training of 4LEAF’s permit technician staff to ensure everyone is prepared to fit the needs of the municipality they are assigned.

Steven Arnold, CBO, CASp: Steven, who has over 25 years of industry expertise, is currently serving as the Building Official for the City of Foster City. This allows for a seamless transition of work as we are already exceptionally familiar with the City’s staff and procedures.

Peter Lim, CBO: Peter is an experienced Building Official with 26 years of experience working within municipal building departments. Currently, Peter assists the City of Foster City by providing Building Official services as needed.

 Project Manager
Craig Tole will be the City’s designated main point of contact. Should you have any questions or concerns, please contact Craig through his cell at (925) 580- 4055 or through email at [email protected].

We appreciate the opportunity to present the City with our qualifications. Should you have any questions, please do not hesitate to reach out using the contact information provided.

Respectfully submitted,

Kevin J. Duggan Craig Tole,
President Project Manager / VP, Community Development

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SECTION 2
4LEAF, INC.

EXPERIENCE &

QUALIFICATIONS

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 3 Section 2: Experience & Qualifications June 11, 2024 SECTION 2: EXPERIENCE & QUALIFICATIONS
4LEAF, Inc. (4LEAF) is a California “C” Corporation that was established in 1999 and incorporated in 2001. Our extensive team of engineers and managers are fully equipped with training and experience to provide complete services including Plan Review , Inspection, CASp, Code Enforcement, Permit Technician assistance, and other related professional and technical services to the City . Our goal is to set the industry standard for excellent customer service, and we have grown to more than 500 personnel throughout California, Arizona, Hawaii, Washington, Nevada, and New England, and we are able to serve any full -time or part -time need the City may have, regardless of scope and duration.

Firm Management

Office Locations
Pleasanton (HQ)
2126 Rheem Drive
Pleasanton, CA 94588

Monterey
409 Washington Steet, #100
Monterey, CA 93940

Newport Beach
4440 Von Karman, Suite 300
Newport Beach, CA 92660

San Bernardino
424 E. Vanderbilt Way, Suite A
San Bernardino, CA 92408

San Diego
402 W. Broadway, Suite 400
San Diego, CA 92101

Sacramento
8896 N. Winding Way
Fair Oaks, CA 95628

Arizona
2 N. Central Ave., Suite 1800
Phoenix, AZ 85004

4LEAF Consulting, LLC
157 E. Warm Springs Rd.

Las Vegas, NV 89119

New England
132 Central St., Suite 210
Foxboro, MA 02035

Professionals
Title # of Staff Title # of Staff
ICC Certified Plans Examiners 55+ ICC Certified Inspectors & IORs 200+ ICC Permit Technicians 45+ Registered Engineers (PE, SE) 20+ Registered Architects 5 ICC Certified Building Officials 30+ Code Enforcement Staff (PC832) 85+ CASp 14 Construction Managers/Inspectors 40+ Fire Plans Examiners & Inspectors 30+

President: Kevin J. Duggan
Phone: (925) 462-5959
Email: [email protected]
Director of Structural Engineering: Michael Loomis, S.E.

Phone: (831) 620-2305
Email: [email protected]
PM/Director of Development Services: Craig Tole
Phone: (925) 580-4055
Email: [email protected]
Plan Review Coordinator Manager: Vanessa Morales
Phone: (925) 789-9917
Email: [email protected]

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 4 Section 2: Experience & Qualifications June 11, 2024

MISSION
4LEAF strives to be the best firm by providing our clients with outstanding customer service and first -rate services. We put our philosophy into action by building client relationships and prioritizing the needs of our clients—this has led us to become an industry leader in providing Building & Fire Life Safety Services to both public and private clients. We have worked with municipal departments in the construction, rehabilitation, and repair of public and private buildings and have partnered with design review and preservation boards to determine building improvement criteria and associated project requirements. We have a depth of experience in working with all types of building structures and have performed Inspection and Plan Review services on more than $50 billion dollars in construction throughout the past 23 years.

We have provided plan review and inspection services for thousands of residential projects, tenant improvements, and complex commercial projects including marijuana facilities office campuses, parking garages, hotels/resorts, transportation facilities, city/county -owned buildings, universities, hospitals, sports arenas, infrastructure, essential service facilities, solar projects, and laboratories. In addition, our team has performed inspections and plan reviews for public and private building structures for compliance with life -safety and Americans with Disabilities Act (ADA) accessibility requirements.

4LEAF has also been an industry leader across numerous other disciplines, such as Code Enforcement and Planning. Our Code Enforcement staff is dedicated to preserving and enhancing the quality of life for the residents in our client jurisdictions and work toward a goal of resolving problems efficiently and safely. Enforcing and upholding municipal codes is of utmost importance to us. Our Code Enforcement Division endeavors to improve communities through education, cooperation, and responsive enforcement.

4LEAF’s Code Enforcement staff is dedicated to preserving and enhancing the quality of life for the residents in our client jurisdictions and work toward a goal of resolving problems efficiently and safely. Enforcing and upholding municipal codes (including weed and community preservation, unpermitted construction, unsafe property conditions, hazards to public health, and zoning) is of utmost importance to us. Our Code Enforcement Division endeavors to improve communities through education, cooperation, and responsive enforcement.

We have a proven track record of reviewing and inspecting projects of all sizes and complexities including:

Type B Commercial Construction Refinery Facilities Laboratories City/County-Owned Facilities Site Work Power & Energy
Large Campuses Waterfront Marijuana Facilities
Fire Recovery Services Multi-Family Projects Military Projects Stadiums/Arenas Healthcare Facilities Essential Service Facilities Commercial Office Parks Transportation Facilities Detention Facilities

Mixed-Use Experience
4LEAF is uniquely qualified to work on mixed- use projects of any size.

Our team completed the Plan Review and Project Inspections for the entire $6 billion Apple Campus 2 Corporate Headquarters in the City of Cupertino, CA where we comprised a team of Building Inspectors, Plans Examiners, and Permitting Specialists.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 5 Section 2: Experience & Qualifications June 11, 2024 4LEAF also provided the Plan Review and Inspection services for the $ 2.6 billion Wynn Casino Project in the City of Everett, MA; San Jose State University’s Interdisciplinary Science Building in the City of San Jose , CA; and the County Office Building III in the County of San Mateo.

We have the resources to deploy staff to any state and as you can see from the limited examples listed above, we have provided services all over the country. Our team is well- equipped and qualified to perform services for any project and in any location. By choosing 4LEAF, you are choosing a company that prides itself on quality work, top-notch customer service, experienced staff, and a multitude of project experience. Please review our scope of services and project examples in the sections that follow to gain more understanding about our firm and how we can help achieve the City’s project goals.

Snapshot of Services
Plan Review / Inspection Permitting Code Enforcement

• LEED Accredited Professionals
• Inspectors of Record
• Program Analysis & Studies
• Correcting Code Deficiencies
• Investigating Complaints
• Violation Issuance
• Jurisdictional Inspectors
• ICC-certified Plan Reviewers
• Certified Accessibility Specialists
• ICC-certified Building Officials
• Building Dept. Services
• Expedited Plan Reviews
• On- and Off-Site Plan Review
• Property Condition Surveys
• Industrial, Energy, & Solar
• Over-the-counter reviews
• Intake of plans
• Routing for plan review
• Assignment management
• Hosting page turn sessions
• Virtual permit technician
services
• Prepare approval packages
• Inspection scheduling
• Application Processing
• Developing Submittal Forms
• Solar Permitting
• Property Research
• Public interface
• Special events permits
• Staff Augmentation Services
• Department Assessments
• Vendor Enforcement
• Blight Enforcement
• Substandard Housing
• Lead Paint
• Tobacco Enforcement
• Short Term Rentals
• RRP Training
• ICC & CACEO Trainings
• Rental Housing Programs
• Cannabis Enforcement
• Business License Enforcement
• Parking Enforcement
• Zoning

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 6 Section 2: Experience & Qualifications June 11, 2024 References
City of Vallejo
On-Call Building Plan Review Inspection, Building Official, Permit Support, Planning, Code Enforcement 4LEAF is providing On-Call full Building & Community Development Department services for the City. We are providing on - and off-site plan review for all building codes, including architectural, structural, plumbing, mechanical, and electrical plan check. We currently staff positions including Permit Technicians, Inspectors, Plans Examiners, Planners, and Code Enforcement Officers, ensuring that all project deadlines are delivered as per the City’s contract.

Scope of work includes:
• Providing on -call personnel to the Building Department including construction inspectors, building inspectors, building officials, permit technicians, on- site plans examiners/engineers, civil engineers, and code enforcement personnel.
• Providing Building and Civil Plan Review as needed.
• Provide on -call personnel to the Planning Department including Assistant Planners, Planning Technicians, Associate Planners, Senior Planners, Planning Managers, and Planning Directors. • Reviewing plans and supporting documents submitted for projects. • Checking for compliance with all applicable codes adopted by the City, including, but not limited to California Building, Mechanical, Plumbing, and Electrical Codes, Uniform Solar Energy Code, and any applicable adopted local amendments, State of California codes or regulations. • Confirming building use, occupancy, and type of construction, and reviewing construction of buildings and structures to determine satisfaction of safety requirements. • Coordinating building permit requirements and interfacing with City Departments and other agencies, including but not limited to the Public Works Department and Planning Division. • Enforcing conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City.
• Providing special inspections by qualified inspectors and conducting investigations as directed by the City, including field and office research and the preparation of letters and/or documents. • Preparing inspection logs, notice of violations and other documents of building and safety code violation cases for submittal to the City Attorney’s office when prosecution action is necessary to obtain compliance with the above codes and regulations. • Receiving, processing, and issuing building permits and coordinating the plan check and inspection process, including the tracking, routing and storage of building plans and the filing of building permit applications. Input information into the City’s computer tracking system.

Client Name: City of Vallejo
Client Contact: Sergio Caldera, Building Inspection Manager Client Address: 555 Santa Clara Street, #3, Vallejo, CA 94590 Client Telephone: (707) 648-4383
Contact Email: [email protected]
Project Dates: 2021 – Present

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 7 Section 2: Experience & Qualifications June 11, 2024 City of Palo Alto
Plan Review, Permit Technician, Building Official, and Building Inspection Services Since 2007, 4LEAF has provided several combination inspectors to assist the City staff with routine daily inspections for commercial and residential properties located throughout Palo Alto. Our inspection services vary from full-time to temporary part -time staff to help augment vacation or extended absences to due illness and/or market demand.

Since 2010, 4LEAF has provided on -site plans examiners for the City of Palo Alto. Our Plans Examiners are registered Engineers in the State of California and ICC Certified, who are responsible for reviewing larger projects ranging between $100,000 to $100,000,000 under the direction of the Chief Building Official. Some reviewed and inspected projects include Skype, Stanford Medical Center, Technology Credit Union, and VMware. 4LEAF is currently reviewing and inspecting the following projects:

Public Safety Building, $84 Million (Essential Services Facility) New three-story, 136,873 SF City of Palo Alto Public Safety Building will have 2 levels of underground parking and will house the Police Department, 911 Emergency Dispatch Center, the Emergency Operations Center, the Office of Emergency Services, and the administration needs of the Fire Department.

Stanford Biomedical Innovation Building, $126 Million
New research laboratory building for Stanford University School of Medicine. Four- story above garage and one below grade for a total of 216,647 SF. Wet -bench research laboratories and associate support spaces, faculty offices and open office spaces workstations, conference rooms and staff amenity spaces.

744 San Antonio Rd., $42 Million
Courtyard by Marriott and an AC Hotel by Marriott. Two, five-story hotels (164,764 SF) hotels offering a combined 294 rooms with surface and underground parking.

ISO 1 Rating
With approximately 13 full- time personnel working in the City, 4LEAF was instrumental in the implementation of the ISO Program achieving the ISO 1 Rating. In March of 2015, Palo Alto became the 8
th City in the Country out of 14,000 Building Departments to achieve this status.

Agency Name: City of Palo Alto
Client Contact: George Hoyt, CBO, Chief Building Official Client Address: 285 Hamilton Ave. Palo Alto, CA 94301 Client Telephone: (650) 329-2368
Contact Email: George.Hoyt @CityofPaloAlto.org
Project Dates: 2007 – Present

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 8 Section 2: Experience & Qualifications June 11, 2024 Project Development Unit (PDU) – County of San Mateo
Building and Fire Plan Check, Fire Inspection, and Inspector of Record Services 4LEAF is currently performing Plan Check and Inspector of Record services for multiple projects on behalf of the County of San Mateo’s Project Development Unit. This $1 .2 billion program consists of up to 18 projects over the course of more than five years. 4LEAF is responsible for the combination building inspections , fire inspections, fire plan check and inspection reports related to all projects including:

County Office Building III – LEED Platinum
The 208,000-square-foot County Office Building III consists of a unique mass timber structure, glulam columns/beams and CLT flooring . The 5- story low -rise building provides business office workspace with exceptional access to daylight, for a variety of county departments including the Board of Supervisors. In addition, there will be assembly spaces on Level One for the Board of Supervisors Chambers and support program associated, press room, conference center, as well as a gym and café.

Regional Operations Center
The new 37,000-square-foot, two-story Regional Operations Center (ROC) will be located on the County Center campus where the motor pool was once located.

The Center will house 911 Public Safety Dispatchers, an Emergency Operations Center, and the Office of Emergency Services. The ROC will serve as a hub for public safety responders during major catastrophic events. The building will achieve LEED Silver certification from the U.S. Green Building Council and is the largest project funded to date by Measure K.

Skylonda Fire Station #58
This project consists of a barracks/office building consolidating the functions and operations of two existing structures into a single structure. The building will contain administrative offices and related support spaces, conference and training rooms, a kitchen and dining room, dayroom, dorm rooms, fitness rooms, showers, and restrooms. A new primary vehicular access connection shall be to facilitate improved traffic sightlines and vehicle turning radiuses.

Additional Projects
• Animal Shelter • Parking Structure #2 • Portola House • Cordilleras • San Mateo Medical Center • Pescadero Fire Station • South San Francisco Health Center • La Honda Fire Station • Pine Street Project

Agency Name: County of San Mateo, PDU
Client Contact: Adam Ely, Depuy County Executive
Client Address: 455 County Center, Redwood City, CA 94063 Client Telephone: (650) 363-4123
Client Email: [email protected]
Project Dates: 2017 – Present

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 9 Section 2: Experience & Qualifications June 11, 2024 City of Cupertino
On-Call Building Inspection and Plan Review Services

4LEAF performs on -call building inspection and plan review services for the City of Cupertino. 4LEAF has completed numerous residential and commercial plan reviews on behalf of the City.

Apple Park
4LEAF provided the Building, Fire, and Public Works Department Inspection services on the largest private commercial construction project in the Country. 4LEAF was tasked with mobilizing a project team of more than 20 Building, Fire, and Public Works Inspectors, Project Administration Staff, and Engineering team for this more than $8 Billion project. 4LEAF was responsible for coordinating the inspections in relation to the City’s permits and ultimately packaging milestones of the project for occupancy approval from the City’s Chief Building Official.

• Main Building – The Main Building accommodates up to 12,000 employees and comprises approximately 2.8 million square feet. • Corporate Fitness Center – Comprising approximately 100,000 square ft. • Corporate Auditorium – Comprising approximately 120,000 square feet and will hold up to 1,000 people.
• North and South Parking Structures – Two above -grade parking structures of approximately 6,000 spaces.
• Central Utility Plant – Integrated parking structure and serves all buildings on the Main Building site.
• Phase 2 Research and Development Buildings – 600,000 square feet of office, research, and development and two separate above ground parking garages.

Plan Review Services
North and South Parking Structures – 4LEAF reviewed the above grade Parking Garages (2) for Apple Park. The 4LEAF team performed Structural, Architectural, Fire -Life-Safety, Mechanical, Electrical, and Plumbing. The garages included two – 3 story and 300,000 Sq. Ft. structures which included Photovoltaic Array on the rooftops. Both garages will be connected by bridges and spine ramp.

4LEAF was selected to perform inspections for the $2.2 Billion Vallco project .

The Vallco project will provide approximately 430,939 square feet of new retail along with 2,402 residential units and 1,981,447 square feet of office with eleven (11) 22 -story mixed-use high-rise buildings connected by a 30 - acre green roof spanning the majority of the Vallco property.

Agency Name: City of Cupertino
Client Contact: Sean Hatch, CBO, Chief Building Official Client Address: 10300 Torre Ave, Cupertino, CA 95014
Client Telephone: (408) 777-3231 IOR
Contact Email: [email protected]
Project Dates: 2010 – Present

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SECTION 3
4LEAF, INC.

KEY PERSONNEL

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 10 Section 3: Key Personnel June 11, 2024
SECTION 3: KEY PERSONNEL
As your consultant, 4LEAF understands that our role is to advocate on behalf of the City of Foster City and represent the City’s best interests. 4LEAF’s team will function as an extension of your staff, seamlessly integrating with the personnel and practic es established by the City while adding the perspective and expertise that only 4LEAF can offer. Our goal, which we have successfully accomplished on previous clients’ projects, is to integrate our staff with yours and be accepted as an essential part of the City. Our team includes:

Management Team
Craig Tole – Project Manager / Vice President, Community Development Craig has been the VP of the Development Services team for the past 1 9 years under the supervision of the company President. Among Craig’s responsibilities include the day -to-day contact with many of 4LEAF’s clients in the Building & Safety, Engineering, and Construction Management industries. Craig has successfully managed a multitude of inspection projects ranging from $1 million to $6 Billion. Craig also manages numerous County IOR programs including San Mateo County PDU, Santa Clara County FAF, Alameda County GSA, and Santa Cruz County GSD.

Office - (925) 462-5959 | Cell - (925) 580-4055 | Email - [email protected]

Michael Loomis, SE, CBO, CASp, PMP – Director of Structural Engineering With more than 27 years of expertise in the industry, Michael has an excellent working knowledge of all types of construction, including architectural, structural, electrical, mechanical, and plumbing systems. Michael is extremely committed and has shown dedication by obtaining multiple certifications through the International Code Council (ICC), and is a Certified Access Specialist, (CASp). Michael has experience managing and overseeing the continual operations of the Building Department and has served as the Building Official for the cities of Salinas, Gonzales, and the Town of Woodside. Michael is an adaptable leader that quickly identifies departmental issues and solves them by utilizing his ample experience.

Office - (925) 462-5959 | Cell - (831) 620-2305 | Email - [email protected]

Vanessa Morales – Plan Review Coordinator Manager
Vanessa serves as 4LEAF’s Plan Review Coordinator Manager and has years of professional experience in management, recordkeeping, and data auditing. Her background in customer service prepared her to effectively serve the public’s needs at the Building Department counter, and her excellent interpersonal skills heightened her capacity to build rapport with clients.

Vanessa is proficient in the analysis and interpretation of data, which contributes to her ability to explain rules and regulations to permit applicants clearly and concisely.

Office - (925) 462-5959 | Cell - (925) 789-9917 | Email - [email protected]

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 11 Section 3: Key Personnel June 11, 2024
Contract Building Officials Serving the City
Steven Arnold, CBO, CASp – Building Official
Steven is an experienced Building Official with 25 plus years of expertise in the industry and currently provides the City of Foster City with Building Official Services . He has an excellent working knowledge of all types of construction, including architectural, structural, electrical, mechanical, and plumbing. Steven has experience managing the continuous operations of a Building Department. Steven is an adaptable leader that quickly identifies departmental issues and solves them by utilizing his ample experience. Steven has maintained many professional relationships with his staff and members of the public, by being available and having a plan.

Peter Lim, CBO – Building Official
Peter is a highly experienced Building Inspector and ICC Certified Building Official with over 23 years of experience working in multiple different Building and Safety Departments. In addition, Peter currently provides the City of Foster City with Building Official Services as needed. He has broad experience in the Building Department day -to-day operations, and in -depth knowledge of Building Codes, making him an asset to any Building and Safety Department he serves. Peter has great communications skills and the unique ability to defuse any situation that may arise.

Additional Supporting Staff
Scott Martin, PE – Quality Control Manager / Senior Plan Review Engineer Scott has more than 23 years of engineering experience and has performed a multitude of plan reviews for many different project types including commercial structures, residential structures, schools, hospitals, and various municipal reviews for clients thr oughout the country. Scott’s day-to-day activities include the review of plans submitted to local jurisdictions, creation and submission of plan check letters, and constant communication with all project stakeholders.

Beng Low, MS, SE – Senior Plan Review Engineer
Beng is a registered Structural and Civil Engineer with 32 + years of experience in the analysis and design of multi -story buildings including commercial, industrial, and residential. He has experience in response spectra dynamic analysis, seismic design, and seismic retrofit design.

Beng is proficient in design requirements of concrete, steel, masonry, concrete tilt -up, cold- formed steel, and wood structures with up-to-date working knowledge of many design codes.

Melissa Mennucci, SE – Structural Plan Review Engineer
Melissa is a Registered Structural Engineer with more than 16 years of industry experience including more than 10 years of design experience. Melissa is currently managing all plan reviews from our UC Davis client as well as performing Structural Plan Reviews as required. She also provides technical guidance to plan reviews and is experienced with a wide array of project and construction types.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 12 Section 3: Key Personnel June 11, 2024
Ali Hekmat, SE, PE – Structural Plan Review Engineer
Ali is a tremendously talented and experienced Plan Check Engineer with over four decades of expertise in the industry. Ali is highly skilled in a wide variety of engineering and design software and has proven to be an asset to multiple companies and departments. Ali is a quick -adjusting hard worker who has performed many challenging and complex structural plan reviews, earning him timely promotions to senior leadership positions throughout his professional career.

Kono Soong, CBO – Senior Combination Building Inspector / Inspector of Record Kono is a Certified Building Official and Combination Residential and Commercial Inspector with over 25 years of jurisdictional experience and has experience performing inspection services for the City of Foster City . Kono is experienced with residential, commercial, and industrial construction and has acted as Lead Inspector of Record at the Jackson Rancheria Hotel & Casino.

Howard Conroy, CBO, CASp – Senior Building Inspector / Inspector of Record Howie has 20+ years of experience as a Senior Combination Building Inspector and Building Official. Howie has served 4LEAF at such jurisdictions as the City of Foster City, County of San Luis Obispo, and Cal Poly University. Howie has taken on many assignments including Inspector of Record and Senior Building Inspections. He has also helped train various inspectors prior to placement to ensure they understand the complexities of the California Building Code.

Brent Hipsher, CBO, CASp – Senior Building Inspector / Inspector of Record Brent is a certified Senior Combination Inspector and Inspector of Record with 27 + years of construction related experience. Brent has worked with jurisdictions such as the Town of Portola Valley, City of Milpitas, City of Dublin, and the City of Palo Alto where he served as the Inspector of Record and Building Official. Brent is currently working in the County of San Mateo on the $37 million Regional Operations Center.

Danielle Hendricks – Senior Permit Technician
Danielle is an exceptional team member who takes initiative in any project/task she is assigned.

She is skilled in office management duties including front desk operations and communicating with building management, outside services, the general public, an d vendors. Danielle is punctual, self-motivated, has strong organizational skills, and the ability to multitask in a fast- paced and demanding environment.

Shayne Prudente – Permit Technician
Shayne is an exceptional team member who takes initiative in any project/task she is assigned and has over 6 years of customer service experience. She is skilled in office management duties including front desk operations and communicating with multiple de partment managers, outside services, vendors, and customers. Shayne is punctual, self -motivated, has strong organizational skills, and has the ability to multitask in a fast -paced and demanding environment due to her previous work experience.

Resumes for the Management Team and Additional Supporting Staff may be found in the Appendix.

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SECTION 4
4LEAF, INC.

UNDERSTANDING &

APPROACH

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 13 Section 4: Understanding & Approach June 11, 2024
SECTION 4: UNDERSTANDING & APPROACH

Plan Review Services
4LEAF will provide Plan Review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards , and the A ccessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. We provide these ser vices for project types including Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial.

Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability • Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.

On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.

4LEAF’s EZPlan Review
EZPlan Review is our in -house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. The use of EZPlan makes communication easy. This web portal allows users visualize project due dates, notes, and status upda tes so that projects can be followed from start to finish. Additionally, 4LEAF provides electronically stamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPlan, 4LEAF hopes to provide a level of ease and transparency during the off-site plan review process.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 14 Section 4: Understanding & Approach June 11, 2024
QA/AC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.

Task 2 - Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can b egin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.

Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.

Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.

Task 5 - Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.

After completion of our quality control review a correction list will be e -mailed to a designated staff member at the City or as directed by the City . The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.

Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.

Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City processing requirements and return them to the City, along with our letter of completion.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 15 Section 4: Understanding & Approach June 11, 2024
Turn-Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn -around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs.

Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi-
Family
< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.

Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e -mail. 4LEAF prefers to pick -up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail [email protected].

Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet.

This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.

Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans a nd documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF’s code review methodology is “The Effective Use of the

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 16 Section 4: Understanding & Approach June 11, 2024
Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s pre - designated contacts.

Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company -wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process.

4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days.

Additional Technologies
Having served more than 400 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:

Permit Technician Services
4LEAF has a proven track record of providing Permit Technician/Counter staff to Building Divisions and Community Development Departments. 4LEAF’s provided staff shall review, process, record, coordinate construction projects and serve customers at the public counter, providing information and assistance in written and oral form to the public according to departmental procedures and legal requirements.

Our staff encompasses the right combination of experience, education, and certifications. 4LEAF prides itself on providing experienced and dedicated professionals to work with the City and serve the public at the Building Division counter.

Understanding
4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF has numerous Permit/Counter Technicians on staff, many who are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools,

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 17 Section 4: Understanding & Approach June 11, 2024
and training required to perform the job, including software applications such as Accela, Bluebeam, etc.. Typical Permit Technician duties include:
• Accepting plans for plan check
• Verification that plans are accurate and complete
• Calculating permit fees
• Explaining ordinances and procedures to owners, contractors, developers, architects, and general public • Assisting with preparation of permit applications
• Receiving plans for Planning and Building permits and route to various agencies (if requested) • Accepting complaints on code violations, process, and record complaints • Answering phone calls for field and office staff
• Processing inspection requests
• Maintaining files for building permits
• Operating the Building Department’s computerized information system • Inputting a variety of information, including building permits and inspections • Completing related duties and responsibilities as assigned by Building Official and Senior staff members

Public Assistance
All building permits and plan reviews will be tracked for expeditious processing, considering legal timelines and response time to the Department’s requests from applicants, outside agencies, and other City departments. At a minimum, project milestone estimates and dates shall be tracked. In addition, the City will be tracking data regarding workload, processing times and associated costs of the Department’s operations. These performance metrics will be used to evaluate 4LEAF’s performance. Some enhanced performances are:
• Questionnaires rating our customer service satisfaction • Report the response time related to the type of call. • Monitor and report the response time of 4LEAF staff.

Placement Schedule

Building Department Staff Interim Full-Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days

Process Mapping
4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subject-matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan. 4LEAF implementation staff work both on - and off- site during this process and offer extensive training to existing municipal staff members on the use of a jurisdiction’s preferred permitting software.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 18 Section 4: Understanding & Approach June 11, 2024
Solar Permitting
4LEAF can provide experienced permitting and plan review services for all residential and commercial solar projects, ensuring expedited turnaround times are met as required by the state. We boast a team of skilled technicians, many of whom are currently providing assistance in Building and Community Development Departments across the state. Each technician is equipped with the necessary materials, resources, tools, and training to excel in their role. 4LEAF currently provides the City of El Cerrito with all of their Solar Permitting needs.

Typical duties include, but are not limited to:
• Working with the public and external agencies to ensure expedited permitting. • Assessing fees and invoicing on behalf of the City.
• Ensuring all issued permits are available to internal staff by uploading to their permitting software. • Running weekly basis reports to ensure all solar permits are routed to the designated officials.

Inspection Services
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work throughout California who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.

We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full- time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same -day or within one business day —simply call, email, or text our assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.

Periodic Inspection Services  Available Next Day 4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City . In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 19 Section 4: Understanding & Approach June 11, 2024
Part-Time Inspection Services  Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part -time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.

Full-Time Inspection Services  Available Two Days or Less 4LEAF can provide full- time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, Southern California, the Central Valley, Central Coast, Sacramento Valley, Peninsula/South Bay, East Bay, and North Bay.

Project Specific Inspection Services  Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).

Inspection Reporting Technology
4LEAF has extensive experience working with various inspection reporting technologies, including GoFormz, which 4LEAF used for all scopes the following projects; Apple 2 Campus (~$6 Billion) , Wynn Casino (~$2.6 Billion), San Mateo County Project Development Unit (~$1 Billion), and San Jose State University (~$600 Million).

GoFormz allows every piece of information collected on a project to be accessible by all staff as every inspection report is stored securely and safely in the cloud. The information can be accessed through a user’s web account where any inspection report can be viewed, and reports can be ran using stored project data. With GoFormz, 4LEAF inspectors are able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to reports to show the items inspected. By means of an iPad, inspectors sign reports using a mobile signature block and attached pictures of the item inspected that were taken using the iPad.

GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the cloud. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.

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SECTION 5
4LEAF, INC.

ACKNOWLEDGEMENT OF

SERVICE AGREEMENT

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 20 Section 5: Acknowledgement of Service Agreement June 11, 2024 SECTION 5: ACKNOWLEDGEMENT OF SERVICE AGREEMENT
 4LEAF has reviewed the Sample Professional Services Agreement and agrees to execute and comply with an agreement in the form of the template provided within the RFP.  4LEAF will be able to meet the insurance requirements mentioned within the sample Agreement.  4LEAF does not wish to make any changes or alterations to the sample Agreement.

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SECTION 6
4LEAF, INC.

FEE PROPOSAL

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 21 Section 6: Fee Proposal June 11, 2024
SECTION 6: FEE PROPOSAL
FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF FOSTER CITY
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Structural Only Review Percentage: 35%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $145 Non-Structural Review
$165 Structural Review

Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official ................................................................................................................................. $190/hour Structural Plan Review Engineer ................................................................................................................ $165/hour Non-Structural Plans Examiner .................................................................................................................. $145/hour Certified Access Specialist (CASp) Inspector .............................................................................................. $165/hour Certified Access Specialist (CASp) Plans Examiner ..................................................................................... $165/hour Supervising Combination Building Inspector (Building Inspector III) ........................................................ $175/hour Senior Combination Building Inspector (Building Inspector III) ................................................................. $165/hour Commercial Building Inspector (Building Inspector II) .............................................................................. $125/hour Residential Building Inspector (Building Inspector I) .................................................................................. $115/hour Permit Manager .......................................................................................................................................... $110/hour Senior Permit Technician ............................................................................................................................. $99/hour Permit Technician ........................................................................................................................................ $85/hour Clerk/Administrator ..................................................................................................................................... $75/hour Civil Plan Review (Grading, Improvement Plans) ....................................................................................... $175/hour Inspector of Record .................................................................................................................................... $160/hour DSA Class 1 / OSHPD A Inspector ............................................................................................................... $185/hour DSA Class 2 / OSHPD B Inspector ............................................................................................................... $160/hour DSA Class 3 / OSHPD C Inspector................................................................................................................ $110/hour GoFormz Software ......................................................................................................................... $50 / user monthly

Project Management
Project Manager ......................................................................................................................................... $190/hour Principal-in-Charge ..................................................................................................................................... $245/hour

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 22 Section 6: Fee Proposal June 11, 2024
Code Enforcement
Code Enforcement Director ........................................................................................................................ $185/hour Code Enforcement Manager ...................................................................................................................... $145/hour Senior Code Enforcement Officer ............................................................................................................... $120/hour Code Enforcement Officer .......................................................................................................................... $110/hour

Fire
Fire Protection Engineer (FPE) .................................................................................................................... $185/hour Fire Prevention Officer .............................................................................................................................. $155/hour Fire Plans Examiner .................................................................................................................................... $160/hour Fire Inspector II ........................................................................................................................................... $125/hour Fire Inspector I ............................................................................................................................................ $115/hour

Planning
Housing Policy Director .............................................................................................................................. $210/hour Planning Director ........................................................................................................................................ $190/hour Principal/Planning Manager ....................................................................................................................... $170/hour Senior Planner ............................................................................................................................................ $160/hour Associate Planner ....................................................................................................................................... $140/hour Assistant Planner ....................................................................................................................................... $115/hour Planning Technician .................................................................................................................................... $100/hour

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4 -hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re -checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $ 310.00 minimum fee if percentage -based fee or 2 -hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.

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Proposal to Provide On-Call Professional Consultant Services to Augment Building Staff for the City of Foster City Page 23 Section 6: Fee Proposal June 11, 2024
• 4LEAF assumes that these rates reflect the FY 2024-2025 contract period. There will be a 3% escalation for FY2025-2026, FY2026-2027.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client -directed tasks or requirements. Client should allow 4LEAF’s non -exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

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APPENDIX
4LEAF, INC.

RESUMES

PROPOSAL TO PROVIDE

ON-CALL PROFESSIONAL CONSULTANT

SERVICES TO AUGMENT BUILDING STAFF

FOR THE

CITY OF FOSTER CITY

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Craig Tole
Project Manager / Vice President, Community Development 1 of 2
Experience Summary
Craig has been the Director of the 4LEAF ’s Development Services team for the past 19 years. Among Craig’s responsibilities include the day -to- day contact with many of 4LEAF’s clients in the Building & Fire Life Safety, Engineering, Construction Management, and Plan Check industries. Craig has successfully managed a multitude of inspection projects ranging from $1 million to $6 B illion. Craig also manages numerous Building, Fire, and Code Enforcement clients and is responsible for recruiting, qualifying, and placing staff throughout the organization.

Select Project Experience

4LEAF, Inc. – Apple Campus 2 Project
Executive Project Manager
City of Cupertino, CA
Craig was responsible for consultant building department services to the City of Cupertino Building Department on behalf of 4LEAF. Services include on- site plan review engineering , permitting, plan review, and project inspection services. Craig is the Consultant Project Manager for the $6 Billion Apple Campus

2. Craig was responsible for hiring, placement, and supervision of a project team that will reach more than 20 personnel. This project construction spanned nearly 180 acres and approximately 4 million Sq. Ft. of construction. The campus will include a 2.8 Million Sq. Ft.

Main Building with subterranean parking, Corporate Fitness Center, Corporate Auditorium, two above grade Parking Structures, Central Utility Plant, and 600,000 Sq. Ft. of Research and Development Buildings.
4LEAF, Inc. – Encore Boston Harbor Project
Inspection Services Project Manager
City of Everett, MA
Craig was the Inspection Services Project Manager for the new $2.4 Billion Wynn Casino Development in Everett, Massachusetts. The project highlights include:
• Luxury Hotel (629 Rooms) • Food & Beverage Outlets
• Gaming Area • Convention & Meeting Space
• Retail Space, Gym/Spa • Parking Garage
Experience
19+ years
Education
Bachelor of Science, Economics, 2000
Sonoma State University
Industry Affiliations
International Code Council (ICC)
CALBO
CBOAC
APWA

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2 of 2
Craig Tole
4LEAF, Inc. – County of San Mateo’s Project Development Unit (PDU) Executive Project Manager
Redwood City, CA
Craig is responsible for this $1.2 billion program consisting of up to 18 projects over the course of more than five years. 4LEAF is responsible for the combination building inspections, fire inspections, fire plan check, and inspection reports related to all projects . 4LEAF is currently performing Plan Check and Inspector of Record services for multiple projects on behalf of the County of San Mateo’s Project Development Unit , including the new $150 Million County Office Building III, and the $128 Million Cordilleras Health Campus. 4LEAF, Inc. – Building Department Management / Inspection Services Project Manager
Pleasanton, CA
Craig is currently the Building Department and Code Enforcement Manager on behalf of 4LEAF. Craig is responsible for all staff augmentation assignments performed for clientele including building official, building inspection, permit technicians/counter services, code enforcement, etc. Craig is responsible for recruiting and placing all building department staff as well as the pick-up and delivery and assignment of plan reviews to appropriate engineers and certified staff. Craig manages including:
♦ City of Cupertino Building Department
♦ City of Palo Alto Building Department
♦ City of Saratoga Building Department
♦ City of Sunnyvale Building Department
♦ City of Seaside Building Department
♦ City of Hollister Building Department
♦ City of Dublin Building Department
♦ County of Santa Clara Building Department
♦ County of Santa Clara, Facilities & Fleet
♦ County of Monterey Building Department
♦ County of San Benito Building Department
♦ County of Alameda, Capital Projects

4LEAF, Inc. – Various Universities and Community College Districts Project Manager
Craig has managed multiple consultant agreements with the California State School System, University of California, and Community College Districts. These contracts include Construction Management and Inspector of Record services for both On -Call agreements and project specific assignments. Our University clientele includes:

• San Jose State University
• Cal Poly San Luis Obispo
• California State University, Dominguez Hills
• California State University, Stanislaus
• University of California, Merced
• University of California , Santa Barbara
• University of California , San Francisco
• University of California, Davis
• Stanford University School of Medicine
• Stanford University Facilities Department

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Michael Loomis, SE, CBO, CASp, PMP
Director of Structural Engineering

1 of 3

Experience Summary
With more than 27 years of expertise in the industry, Michael has an excellent working knowledge of all types of construction, including architectural, structural, electrical, mechanical, and plumbing. Michael is extremely committed and has shown dedication by obtaining multiple certifications through the International Code Council (ICC), and is a Certified Access Specialist, (CASp).

Michael has experience managing and overseeing the continual operations of the Building Department and has served as the Building Official for the cities of Salinas, Gonzales, and the Town of Woodside.

Michael is an adaptable leader that quickly identifies departmental issues and solves them by utilizing his ample experience. He prides himself on his ability to problem solve and react well under pressure, while maintaining the effectiveness of his team.

Michael is a Registered Professional Structural Engineer in the states of California and Nevada and is a Registered Professional Civil Engineer in California, Texas, and Florida
.

Select Professional Experience

4LEAF, Inc.

Director of Structural Engineering
2024 – Present
Michael is 4LEAF’s Director of Structural Engineering for 4LEAF. Michael will manage a large area of 4LEAF including the Silicon Valley and Monterey Areas and will be responsible for the management of 4LEAF’s nationwide technical plan reviews. Michael will also self-perform critical commercial reviews on behalf of 4LEAF. In addition, Michael will lead the firm in Plan Review recruitment and training to help bolster 4LEAF’s team as well as additional contributions to the Building and Safety industry. Michael will also be a key contributor to our page -turn sessions for complex projects for Cities, Counties, University’s and other Large Government agencies such as laboratories as assigned.

Experience
27+ years

Education
MS, Structural Engineering, Santa Clara
University, 2022
BS, Civil Engineering, , Santa Clara
University, 2022
Additional Coursework: Stanford University,
San Jose State University, De Anza
College, Foothill College, Skyline College,
Monterey Peninsula College, CalPoly
San Luis Obispo

Registrations
CA & NV Registered Professional
Structural Engineer
CA, TX & FL Registered Professional
Civil Engineer

Certifications
ICC Certified Building Official
ICC California Building Plans Examiner
ICC CALGreen Plans Examiner
ICC Accessibility Inspector/Plans Examiner
ICC California Residential Building
Inspector
ICC California Commercial Building
Inspector
ICC Building Inspector
ICC Plumbing Inspector
ICC CA Residential Plumbing Inspector
ICC CA Commercial Plumbing Inspector
Certified Access Specialist, CASp
SAP Evaluator (CalOES)

Teaching and Accomplishments
“Accessibility in the Public Right-of-Way”
CASI Central, Volume #8, Summer 2019
Adjunct Lecturer (Earthquake Engineering,
Timber Design, Strength of Materials)
Santa Clara University, Department of Civil
Engineering 2008 - 2017
Instructor (various topics) CALBO & ICC
2010 - 2021

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2 of 3

Michael Loomis, SE, CBO, CASp, PMP
ABS Consulting, Houston, Texas
Director of Engineering, Natural Hazards
2023
• Oversaw technical staff evaluating, monitoring, and mitigating risk from natural hazard events.

Staff included engineers, meteorologists, computer programmers and support staff. • Managed budget for approximately $3.5 million service line. Reduced operating expenses by approximately 10% in the first 12 months.
• Business development and marketing, including developing new service offerings through collaboration with other departments.
• Changed leadership during reorganization. Mentorship of emerging leaders. • Collaborated with other directors on resource allocation, development of fees and cross- promoting services.
• Hired, trained, reassigned, and address redundancies among staff as needed based on team requirements and market conditions.

CSG Consultants, Inc., Foster City, California
Building Services Manager, Building Official, Senior Principal Structural Engineer 2008 – 2023
• Chief Building Official, City of Salinas, City of Gonzales, Town of Woodside. Designate building official as needed for multiple additional jurisdictions. • Assist jurisdictions on interpreting and implementing laws and code changes. • Act as owner’s representative and subject matter expert for design -build and design -bid-build projects at public agencies. Code analysis and interpretation, value engineering, technical peer review of complex, multi-phase projects.
• Oversee building plan review services for Northern California Region. Annual department revenue of approximately $6 million and processing almost 2000 submittals per month. Manage multidisciplinary team of over 25 staff with 6 direct reports located in 4 regional offices as well as remote workers.
• Set quality standards and ensure accuracy of code and legal interpretations company wide. • Interface with other internal departments regarding resource allocation, proposal writing, marketing.
• Respond to RFPs and RFQs. Set project budgets and identify project team. Attend interviews for potential jobs.
• Program manager and project manager over dozens of contracts. Manage cross -disciplinary contracts. Ensure project delivery from each service line. Negotiate budgets and schedules across services lines.
• Work closely with public agencies to study and resolve complex code issues related to structural design, disabled access, egress, and other critical building systems. • Multi-discipline plan review for thousands of projects located throughout California. • Perform site inspections to verify compliance with approved design. Work with design team and contractors to develop solutions to field conditions.

GPLA, Inc, Santa Clara, California
Associate/Production Manager
2008-2023
• Coordinate workload throughout the organization to meet client expectations. • Manage a growing team of engineers and technical staff on a wide variety of projects in almost

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3 of 3

Michael Loomis, SE, CBO, CASp, PMP
every region of the country.
• Hire and train new staff, develop client relationships, issue proposals, and maintain budgets. • Travel throughout the county representing the company at project sites, client offices and at public agencies.
• Work with the federal government on designs incorporating anti- terrorism and progressive collapse requirements.
• Performed structural design and drafting.

Peoples Associates Structural Engineers, Milpitas, California Project Engineer
1997 – 2004
• Responsible for the design of hundreds of projects in Northern California. • Specializing in multi- family light -frame construction, seismic retrofit/rehabilitation, and industrial projects.
• Develop project budgets and schedules. Issue proposals. • Work with AHJ, architects and contractors to drive project success. • Manage assistant engineers and drafters.
• Address field issues and change orders from active construction sites.

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Vanessa Morales
Plan Review Coordinator Manager

1 of 2
Experience Summary
Vanessa is a highly organized Plan Review Coordinator Manager with years of experience in management, recordkeeping, and data auditing. Her background in customer service prepared her to effectively serve the public’s needs at the Building Department counter, and her excellent interpersonal skills heighten her capacity to build rapport with clients. Vanessa is proficient in the analysis and interpretation of data, which contributes to her ability to explain rules and regulations to permit applicants clearly and concisely. Vanessa has a remarkable drive to excel, and she routinely offers motivation and support to colleagues who need extra encouragement.

Select Professional Experience

4LEAF Inc.

Plan Review Coordinator Manager
2021 – Present
Vanessa is a dedicated team member who demonstrates natural leadership qualities in her position as Permitting Manager. She helps operate and maintain Building Departments by assisting customers, reviewing applications and plan submittals, collaborating with other departments and agencies, handling fees, and scheduling inspections. Her responsibilities as Permitting Manager includes:
• Issuing and tracking permits throughout the course of the permitting process. • Managing incoming and outgoing calls and obtaining appropriate permits for construction a variety of construction projects.
• Assisting applicants throughout the permit application process by answering questions, addressing concerns, and providing guidance.
• Coordinating and scheduling appointments for project inspections. • Filing blueprints, permits, drawings, and other physical documents in addition to managing, retrieving, organizing, recording, and preserving data electronically. • Collaborating with designers to develop handouts and other informational material for clients. • Examining plans, blueprints, and other documents to verify accuracy and completeness according to the build code and assisting building inspectors.
• Serving as a liaison between the public and community development. • Creating permit files and distributing applications for review, updating, and maintaining permitting records, tracking, and reporting on permit activity, and determining and collecting permit fees.

Experience
9+ Years

Skills
Data Entry
Quickbooks
Microsoft Office
Inventory Management

Education
AA Business Administration
Las Positas College

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2 of 2
Vanessa Morales
The North Face - CA
Stock Supervisor
2019 - 2021
• Achieved store sales goals by ensuring associates delivered brand standards, exceptional customer service, and utilized their selling model.
• Provided administrative support and participated in business operations. • Collaborated with the management team to compose forecasts of sales goals and subsequent courses of action.
• Assessed payroll and made necessary budgeting adjustments.

The North Face - CA
Sales Supervisor
2017 - 2019
• Contributed to the achievement of target shrink percentage. • Audited business operations according to company standards and devised methods to improve company productivity.
• Implemented training and accountability tools to better support brand standards. • Followed process protocols , investigated in -transit units to verify receipt and tracked and reported missing units.

V & D Jewelry - CA
Bookkeeper
2016 - 2018
• Recorded transactions and transferred translated data into Quickbooks. • Provided financial statements upon request and/or regularly scheduled posts. • Tracked fixed and current expenses and maintained daily records. • Restructured inventory processes, subsequently improving overall business performance. • Monitored inventory levels and ensured that the needs of the business were satisfied.

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140

Scott Martin, P. E.

Quality Control Manager / Senior Plan Review Engineer

1 of 2

Experience Summary
Scott has more than 2 6 years of engineering experience and has performed a multitude of plan reviews for many different disciplines including OSHPD 3, DSA Projects, and various municipal reviews for clients throughout California. Scott’s day -to-day activities include the review of plans submitted to local jurisdictions, creation and submission of plan check letter s, and constant communication with all project stakeholders.

In addition, Scott is often tasked with the education of building code to applicants. He is instrumental in establishing the new templates for all new clients to establish the municipal preferences for commercial and residential plan check and makes an asset to any team, project, and jurisdiction he is assigned.

Select Professional Experience

4LEAF, Inc.

Quality Control Manager / Senior Plan Review Engineer
2014 - Present
Since 2014, Scott has been 4LEAF’s Senior Plan Check Engineer with a focus on Structural review. Scott has worked on a plethora of 4LEAF’s largest commercial reviews. Currently, Scott reviewed the Zuckerberg Chen School for the City of East Palo Alto, several large Commercial Projects for the County of San Mateo’s Project Development Unit including a $120 Million Medical Office Building , two large County facility buildings, and several large reviews for the University of California, Santa Barbara including the $1.5 Billion Munger Hall Project. In addition, Scott is 4LEAF’s Lead Quality Control Plan Review Manager where he is responsible for the final reviews of all outg oing projects. Scott also regularly trains 4LEAF personnel (Engineers and non-structural) on various plan review guidelines and code updates.

4LEAF, Inc. (City of Palo Alto)
Structural Plan Check Engineer
2012 - 2013
Starting in December of 2013, Scott accepted a position to perform and manage plan reviews in the Central Valley and Central Coast for many of 4LEAF’s clientele. Since 2012, Scott has worked for 4LEAF as a structural plan review engineer and was tasked to the City of Palo Alto where he was often assigned to work with the public and architects to answer building code related questions and to provide excellent customer service. In addition, Scott performed many large-scale plan reviews for the City including:

Experience
26+ years

Education
B.S., Civil Engineering
University of California, Irvine

Certifications
CA Registered Civil Engineer
License # 59091
NV Registered Civil Engineer
License # 019922
ICC, Building Plans Examiner

Professional Affiliations
ICC – International Code Council
Structural Engineers of Northern
California (SEAOC)
ASCE

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Scott Martin, P.E.
• Workday Campus (6 Stories) - $50 Million
• Stanford Medical Center (6 Stories) - $32 Million
• VMWare HTE Tenant Improvement - $25 Million
• Hilton Hotel and Underground Parking - $18 Million
• VMWare Parking Structure 2 - $14 Million
• Stanford Hospital Site Development - $13 Million
• 260 California (3 Story mixed-use & underground parking) - $10 M • Thermal Vacuum Chamber - $9.7 Million
• VMWare Parking Structure (4 Levels) - $6.8 Million
• 4-Story Tenant Improvement for Survey Monkey - $6.1 Million

Willdan Engineering – Fresno, CA
Structural Plan Check Engineer
2007 - 2010
Scott performed structural plan reviews on behalf of Wil ldan Engineering for numerous jurisdictions throughout California. Scott was tasked with the plan review, creation of the plan check letter, communicating with project stakeholders, and educating the applicants on current building codes and standards. Some of Scott’s projects included:
• CSU Humboldt Student Center Expansion; Arcata, CA
• Park Place: Res/Office/Retail over Parking; Paso Robles, CA • CalRENEW-1 Solar Power Farm; Mendota, CA
• City of Winters Police/Fire Complex; Winters, CA
• UC Davis Hyatt Place Hotel; Davis, CA

Advanced Structural Design, Inc. – Fresno, CA
Project Engineer
1998 - 2007
Scott was a Project Engineer for nearly ten years with Advanced Structural Design out of Fresno. Scott was responsible for engineering design, drafting (Auto CAD & hand), shop drawing review, and coordination with clients.
• Mt. Whitney Classroom Buildings; Visalia CA (DSA #02-107633) • Plumber's Union Expansion; Fresno, CA
• Oak Valley New Admin; Tulare Co., CA
• Paul Evert's RV Expansion and New Canopies; Fresno, CA • Grizzlies Stadium; Fresno, CA

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Beng H. Low, MS, SE
Senior Plan Review Engineer

1 of 3
Experience Summary
Beng is a r egistered Structu ral and Civil Engineer with more than 30 years of experience in the analysis and design of multi-story buildings including schools, commercial, industrial, and residential. His experience in the design of various structural systems includes special reinforced concrete shear walls, steel special moment frames, steel special concentrically braced frames, steel buckling- restrained braced frames, and wood-frame shear walls.

He has e xtensive experience in response spectra dynamic analysis, seismic design, and seismic retrofit design and is proficient in the latest design requirements of concrete, steel, masonry, concrete tilt-up, cold- formed steel, and wood structures with up -to-date working knowledge of many design codes. He is familiar with analysis and design software such as ETABS, SAFE, SAP2000, RISA-3D, RAM, STAADPro, and Enercalc and is skilled in AutoCAD, Bluebeam Studio, and REVIT.

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4LEAF, Inc. – Pleasanton, CA
Senior Plan Review Engineer
2021 - Present
Beng has joined 4LEAF as a Senior Structural Plan Review Engineer and is responsible for the review of commercial and residential structures as well as Quality Control of 4LEAF Plan Review personnel. Beng currently works on behalf of 4LEAF with the City of Oakland to perform structural calculations, developing plans, and engineering estimates and specifications for the construction of 5G towers.

SOHA Engineers – San Francisco, CA
Senior Structural Plan Review Engineer
2017 - 2021
Some of Beng’s projects with SOHA Engineers included:
• Fourth and Folsom Transit Oriented Development, 266 Fourth Street San Francisco, California o Performed 3 -D ETABS analysis, design calculations, and prepared schematic design drawings and specifications for 8 -story family housing project. The structural system for the upper story consists of steel special concentric braced frame structure (SCBF) supported by a single story prestressed concrete podium with a combinations of concrete shear walls and SCBF.

Experience
30+ years

Education
M.S., Structural Engineering
Ohio State University
B.S., Civil Engineering
University of Roorkee (India)

Certifications
ICC Building Plans Examiner

Registrations
State of California Licensed
Professional Engineer, C48412
State of California Licensed Structural
Engineer, S4973

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Beng H. Low, MS, SE
• San Francisco International Airport Terminal 3 West Modernization Project o Performed 3 -D ETABS analysis and prepared schematic design drawings for Federal Inspection Service (FIS) Connector Bridge from Terminal 3W to International Terminal Building (ITB)
• San Mateo County Community College District Skyline College Performing Arts Center o Performed 3-D ETABS structural analysis, prepared design calculations and a full- set of design development drawings for 2 blocks of 4 -story 128,000 square feet performing arts center at San Mateo Community College with proscenium theater, recital hall, and band room using steel buckling- restrained braced frames (BRBF) and special reinforced concrete shear walls.

Kinnoe Structural Engineers – Dublin, CA
Senior Structural Plan Review Engineer
2015 - 2017
Some of Beng’s projects with Kinnoe Structural Engineers included:
• Madison Park Business & Art Academy, Oakland, California o Performed 3-D ETABS analysis and prepared structural design calculations for 4 blocks of 2-story buildings. The building’s structural system includes precast concrete tilt-up panel and structural steel framing with composite steel deck. Steel moment and braced frames were used for canopies and elevator tower. Beng also p repared a full set of construction documents and specifications.
• North East Medical Services Addition, San Francisco, California o Provided a 3 -D ETABS analysis and prepared structural design calculations for a voluntary seismic strengthening of an existing 6 -story healthcare facility. Steel special concentrically braced frames were adopted.
• Kaiser Fremont Hospital Addition, Fremont, California o Provided structural drawings and calculations for a single -story addition to an existing facility. Cold-formed steel framing and metal sheet shear wall system were used.

IDA Structural Engineers – Oakland, CA
Structural Plan Review Engineer
2014 - 2015
Some of Beng’s projects with IDA Structural Engineers included:
• Lesley Towers, San Mateo, California
o Performed 3 -D ETABS analysis and prepared structural design calculations for the retrofit of a 12 -story concrete 1960’s building. Shotcrete shear walls were used. Beng also prepared a full set of construction documents and specifications. • Hayward Library, Hayward, California
o Provided 3 -D ETABS analysis and prepared structural design calculations for a new 3 - story 58,000 square -footing building. The structural system includes steel framing with composite deck and concrete shear wall. Beng also p repared a full set of construction documents and specifications.
• Hismen-Hin Nu, Oakland, California
o Provided 3-D ETABS analysis and prepared structural design calculations for the retrofit an existing single -story concrete podium structure. The podium structural system

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Beng H. Low, MS, SE
includes post -tensioned slab, concrete wall, and CMU walls. The podium supports several 2 to 3-story wood-framed apartment buildings.

Structus, Inc. – San Francisco, CA
Structural Plan Review Engineer
2010 - 2013
Some of Beng’s projects with Structus included:
• Marine Emergency Response Facility, San Francisco International Airport o Performed 3 -D ETABS analysis and prepared structural design calculations for a new 4,500-square-foot single -story marine facility and a 100 -foot-long concrete causeway.

The design for this deep -pile foundation structure is based on ASCE -41 performance- based non-linear step by step push-over analysis.
• SFMTA Central Subway, San Francisco, California
o Participated in the design of this $1.2 billion SFMTA’s Central Subway Project (Design Packages 3). Performed structural design calculations for the following: design of a new surface station at 4th and Brannan; design of structural concrete inverts and walkways for the 2.5 miles of TBM subway tunnels; design of seismic bracing of jet fans, electronic signs, and equipment; tenant improvement of Operation Control Center. Beng prepared a full set of construction documents and specifications. • AC Transit Transportation Building and Bus Maintenance Facility, Emeryville, California. o Provided seismic evaluation based on ASCE31 procedure for this maintenance facility.

The Transportation Building is a 2 -story 16,000 square -foot pentagon-shaped structure which serves as an administrative building and break room. The Bus Maintenance Facility consists of 3 separate structures with a total area of 46,000 square foot. The buildings were constructed of CMU walls, concrete moment frames, and concrete Precast-T roof.

Kinnoe Structural Engineers – Dublin, CA
Structural Plan Review Engineer
2005 - 2010
Some of Beng’s projects with Kinnoe Structural Engineers included:
• UC Santa Cruz Cooling Tower Building
o Provided structural engineering for a 2-story tower with structural steel moment frames and steel braced frames. The tower is to house the cooling tower and associated equipment and utilities . Beng p repared a full set of construction documents and specifications.
• Fresh & Easy Supermarket, Hayward, California
o Provided structural engineering and drawings to seismic upgrade of a masonry building with wood diaphragm. The upgrade includes a new steel platform with concrete deck, a new entrance steel canopy, and foundation works for equipment deck and freezer. • Orange County Sanitation District, Odor Control Facilities, Fountain Valley, CA o Provided structural engineering and drawings for 2 steel platforms for scrubbers, moment frame pipe supports, and 3 chemical area foundations.

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Melissa Mennucci, S.E.

Structural Plan Review Engineer

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Experience Summary
Melissa is a Registered Structural Engineer in the State of California with more than 16 years of industry experience including more than 10 years of design experience. Melissa is currently managing all plan reviews from our UC Davis client as well as performing Structural Plan Reviews from 4LEAF’s Fair Oaks office . She also p rovides technical guidance to the plan reviews and is experienced with a wide array of project and construction types.

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4LEAF, Inc.

Structural Plan Review Engineer
8/2016 - Present
Melissa is responsible for coordinating and managing all plan reviews from 4LEAF for the client UC Davis , including meeting with key personal when needed. She is also preforming Structural Plan Reviews in 4LEAF’s Fair Oaks office for various clientele including such cities as Sacramento, Rocklin, Folsom, Roseville, Stockton, and numerous private clients as assigned. Her most recent assignment is providing Structural Plan Review services for Stanford Linear Accelerator (SLAC).

Buehler & Buehler Structural Engineers
Project Engineer
3/2005 - 7/2016
For more than 10 years, Melissa worked as a Project Engineer with this prestigious Design Firm located in Sacramento, CA. She was responsible for managing and designing structural projects using all building materials (steel, concrete, masonry, and wood) and evaluating and retrofitting existing buildings. Melissa routinely collaborated with AMEP consultants on DBB and DB projects using BIM. She also practiced LEAN construction techniques that included pull planning and ISD. In addition, she performed construction administration tasks that include submittal review, RFI response, site visits, field reports, record drawings, etc. as well as managed the new employee training program. Melissa’s projects included Commercial, Residential, Schools, Hospitals , and Government Facilities
Experience
16 + years

Education
B.S., Structural Engineering
University of California, San Diego
M.S., Civil & Environmental Engin.

University of California, Davis

Registrations
CA Licensed Professional Engineer,
Structural (#5677)
CA Licensed Professional Engineer,
Civil (#72245)

Computer Applications
ETABS
SAP
SAFE
RAM
Revit
Bluebeam
Adobe
Excel

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Ali Hekmat SE, PE
Structural Plan Review Engineer

1 of 3
Experience Summary
Ali is a tremendously talented and experienced Plan Check Engineer with over four decades of expertise in the industry. Ali is a California registered Professional Civil and Structural Engineer a s well as a registered Professional Structural Engineer in Arizona. He is highly skilled in a wide variety of engineering and design software and has proven to be an asset to multiple companies and departments.

Ali is a quick-adjusting hard worker who has performed many challenging and complex structural plan reviews , earning him timely promotions to senior and leadership p ositions throughout his professional career.

Having worked as a supervisor in multiple departments, Ali is a responsible leader who can be relied on to get the job done, and to the greatest of his ability.

Select Professional Experience

4LEAF, Inc.

Plan Check Engineer
2021 - Present
Ali joined 4LEAF as a Plan Check Engineer and is responsible for planning, coordinating, supervising, and participating in the review of construction project plans and structural calculations. Additionally, he participates in the review of commercial and residential structures.

Bureau Veritas Inc. – Santa Ana, CA
Plan Check Engineer
2018 - 2021
• Performed architectural and structural plan checks for residential and commercial buildings to achieve compliance with jurisdictional codes.
• Reviewed construction documents for structural integrity and compliance to latest additions to electrical, mechanical, plumbing, Title 24 Energy, and California Building Codes. • Residential and commercial planning, architectural, structural design involving steel, concrete, masonry, wood construction.

Experience
42+ years

Education
California State Polytech University
MS. Civil/Structural Engineering
BS. Civil/Structural Engineering

Registrations/Certifications
CA Licensed Professional Engineer
AZ Licensed Professional Engineer
I.C.B.O. Certified Plan Examiner
Plan Check Engineer

Software Skills
Engineering International Design
Primavera Scheduling
Enercalc Design
S-T Risk

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Ali Hekmat, PE, SE
GHD Engineering Inc. – Irvine, CA
Plan Check Engineer
2016 - 2018
• Worked in the County of Orange as a consultant for plan checking projects. Ensured all projects achieved compliance with code requirements and structural integrity. • Performed front counter duties where he assisted customers in the Building Department.

VCA Consultant – Orange, CA
Plan Check Engineer
2013 - 2016
• Plan checked and reviewed grading plans of various building projects in the City of Newport Beach to ensure all codes and requirements for structural and non-structural elements were met. • Performed front counter duties where he assisted customers in the Building Department.

+A Engineering – Fullerton, CA
Project Engineer
1998 - 2013
• Performed planning, architectural, and structural design of residential and commercial projects which included steel, concrete, masonry, and wood construction. • Engaged in field inspections to assess projects for structural integrity and compliance with building codes and specification.
• Performed engineering evaluations of existing buildings where he checked for construction defects resulting from poor workmanship and/or damage caused by natural disasters, then prepared reports of any observed damages along with repair recommendations. When necessary, he testified as an expert professional in court and arbitration. • Conducted an engineering evaluation amidst a lawsuit involving a 4 -story hospital in San Bernadino where he inspected and reported construction defects and safety issues resulting from poor contractor workmanship and the improper use of material.

City of Pomona Public Works’ Building and Safety Division – Pomona, CA Project Engineer
1995 - 1998
• Plan checked commercial and residential projects for structural integrity and code compliance. • Performed field inspections of projects under construction for compliance with approved plan and specifications.
• Assisted building inspectors with structural related issues and aided the public and professionals with project approval and permits.

Riverside County Transportation and Land Management Agency – Riverside, CA Agency Program Supervisor, Field Inspection Supervisor, Senior Plans Examiner 1984 - 1995
• As an Assistant Engineer in the grading division, Ali:

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Ali Hekmat, PE, SE
o Performed plan checks and field inspections of residential and commercial projects concerning drainage, subdivision, site improvement, and quality control of concrete delivered by batch plants.
o Performed front counter duties relating to permits and illegal grading complaints. • As a Senior Plan Check Engineer, Ali:
o Plan checked for a variety of commercial and residential projects, including a 6 -story jail with an in-house hospital on the top floor.
o Managed the Riverside district branch office of Building and Safety. • As the Agency Program Supervisor, Ali:
o Tracked projects from initial design stage through final construction while preparing monthly reports of project(s) status and scheduling transportation of small in -house projects.
o Assisted the Project Engineer in the construction management of a freeway interchange in the county desert area and participated in field observation during bridge construction.

James Persing and Associates – Yuma, AZ
Structural Design Engineer
1983 - 1984
• Conducted structural calculations and construction details for a variety of commercial and residential projects that involved wood, steel, concrete, and masonry construction. • Participated in the field observation of a 5-story jail with in-house hospital on the fourth floor. • Worked on a school, medical clinic, and other government buildings.

Wheeler and Grey – Los Angeles, CA
Junior Structural Design Engineer
1980 - 1983
• Performed structural calculations and drafting for small residential and commercial buildings. • Assisted the project engineer in the structural design and shop drawings review for the concrete support structure for the tramway rails at the Disney World facility and a pedestrian bridge in Los Angeles.

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Kono Soong, CBO
Senior Combination Building Inspector / Inspector of Record

1 of 3

Experience Summary
Kono is a Certified Building Official and Combination Residential and Commercial Inspector with over 2 5 years of jurisdictional experience, and more than 7 years of field supervisor experience. He has performed many duties within building departments including inspection, plan check and lead Code Enforcement. Kono is experienced with residential, commercial, and industrial construction and ha s also acted in the capacity as a Lead Inspector of Record at the Jackson Rancheria Hotel & Casino.

Select Professional Experience
4LEAF, Inc.

Senior Combination Building Inspector / Inspector or Record 2023 – Present
Kono has recently rejoined 4LEAF as our Senior Combination Building Inspector and Inspector of Record. Kono will work with various Community Development Departments and Universities on project specific inspection assignments (IOR).

City of Fremont
Building Inspector Supervisor
2016 – 2023
Kono served seven years working as the Building Inspector Supervisor for the City of Fremon t. During that time, Kono showed that he can plan, organize and supervise section activities; develop and maintain cooperative working relationships with individuals from diverse cultural and socio-economic backgrounds; resolve disputes concerning code requirements and effecting voluntary compliance; review construction plans and conduct field inspections of buildings including structure and electrical, plumbing, heating, air conditioning, and ventilation systems. His responsibilities included:
• Supervise 16 building inspectors; provide the inspectors with technical expertise, supervise field and office work necessary to conduct the City's building inspection program. Route and assign inspections to the inspectors.

Experience
25+ years

Education
General Education
Sacramento State University
General Education
University of Hawaii

Certifications
ICC Certified Building Official
ICC Residential Building Inspector
ICC Residential Electrical Inspector
ICC Residential Plumbing Inspector
ICC Residential Mechanical Inspector
ICC Combination Dwelling Inspector
ICC Combination Inspector
ICC Commercial Electrical Inspector
ICC Commercial Plumbing Inspector
ICC Commercial Mechanical Inspector
Building Inspector CSC
Building Inspector UBC
Uniform Codes and California Code
CAL GREEN Inspector
CAL GREEN Plans Examiner
Fire Marshall Fire Inspector 1A
Fire Marshall Fire Inspector 1B
Fire Marshall Fire Inspector 1C
Fire Marshall Fire Inspector 1D

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Kono Soong, CBO
• Respond to queries and resolve problems raised by staff, contractors, engineers, and architects. • Establish policies, rules and/or regulations , establish and implement policies and procedures , review, and revise inter- and intra- divisional operations processes and procedures. • Participated in employee selection, evaluations, training of new and seasoned inspectors, and, address performance issues with staff.
• Utilize the computer for tracking projects, writing, and general reports. • Provide information to any interested party on the City's building inspection and code enforcement program including code provisions, procedures, required submittal and plan processing, and inspection schedules.
• Participate in meetings with architects, engineers, property owners, developers, contractors, City staff members, and others to discuss issues involving activities of the Building Inspection section. Coordinate activities with other divisions, departments, and outside agencies. • Extensive knowledge of building, plumbing, electrical, mechanical, and related codes and regulations and the methods, materials, techniques, and practices employed in building design, construction, and inspection; the principles of supervision; civil engineering principles as they pertain to building construction; forms, permits, plans, and specifications used in a building inspection and code enforcement program; zoning code and sign ordinance and report writing.

City of Fremont
Building Inspector/Specialist
2013 – 2016
• Perform inspections, plan checks, and related duties in a specialized field of building inspection such as structural, mechanical, plumbing, electrical and fire. • Provide guidance in new electrical codes, specifications related to new products and reviewed electrical plans.
• Investigate unlisted equipment and suspect substandard installations to determine product equivalency.
• Resolve disputes over interpretation and application of building codes. • Meet with City officials, business representatives , and the general public to discuss specialized facets of inspection, including procedures and problems . Represents the City at meetings and conferences.
• Establish and perform the Solar Express Plan Review. Reviews and approve building permits. • Train staff in assigned building inspection specialty. • Perform combination building inspection duties.
• Maintain building inspection records. Utilize computer for tracking projects, writing and generating reports, and prepare correspondence and reports.

Nevada County
Sr. Combination Building Inspector II
2009 –2013
• Apply a broad and comprehensive scope of knowledge in the independent performance of a wide range of building inspection related activities involving multiple residences and commercial and industrial construction.

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Kono Soong, CBO
• Perform field inspections of new building construction, alterations, additions , and mobile home permits for compliance with applicable codes, regulations and approved plans. • Prepare correction letters and inspection reports. Consult with contractors, architects and engineers regarding structural safety requirements or building design. Coordinate inspection activities with other departments and agencies.
• Review a wide variety of residential, commercial, and industrial construction plans and documents. Prepare and maintain a variety of records, correspondence , and reports related to inspection activities.

CSG Consultants, Inc., Sacramento, CA
Sr. Combination Building Inspector/Lead Inspector of Record April 2008 - March 2009
• Assigned to Jackson Rancheria Casino & Hotel Campus $250 million dollar renovation and reconstruction, acting in the capacity as a Building Inspector as well as an Inspector of Record.

Responsible for inspecting all phases of new construction and remodel. Six-story parking garage, hotel, and casino.
• Make field inspections of industrial, commercial, and Public Works projects during various stages of construction and remodeling to assure compliance with applicable codes and regulations of the City, County, State and Federal agencies. • Inspect a variety of electrical installations and other complex and routine electrical system elements. Assure proper and safe installations of routine and complex electrical systems. • Responsible for finding and reporting construction defects for the current campus. Plans review and attendance of daily meetings with Project Development Supervisor regarding status of production for construction and forensic findings. Also, involved in fire design meetings for the remodeling of the hotel.

City of Folsom, Folsom
Building Inspector II
September 2007 – April 2008
• Primary inspector for a $200 million dollar nineteen building, two -story parking structure shopping mall, head inspector on $20 million dollar four-story hotel. • Assist in the checking of building plans relative to electrical systems. Conferring with developers, contractors, architects, engineers and the general public in the field and office. Instrumental in implementing new policy’s and weekly meetings.
• Research and contract new services for the Community Development. In charge of heading up the building safety week for the ICC in the City of Folsom. Route, quick plan checks, ability to help over the counter plan check.

City of Citrus Heights,
Building Inspector I
August 2006 – September 2007
• Application of building codes for inspections on residential dwellings and commercial buildings; explain and interpret requirements and restrictions.
• Complete and maintain a variety of records, reports, documents, and correspondence relating to field inspections.

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Howard W. Conroy, CBO, CASp
Senior Building Inspector / Inspector of Record

1 of 3

Experience Summary
Howard has more than 30 years of experience in the construction industry. Howard has worked as a Building Inspector, Planning Commissioner, General and Specialty Contractor, Building Official, and Project Manager. Howard’s diverse background and extensive experience makes him an ideal fit for various types of projects. Howard has a proven track history of ensuring projects are compliant with current codes with a high quality of workmanship.

In addition to his experience, Howard has also served as the President, Education Chairman, and Coordinator for the Central Coast Chapter of ICC and on the Board of Directors for California Building Officials Training Institute (CBOTI).

Select Professional Experience
4LEAF, Inc.

Senior Building Inspector / Inspector of Record
2023 – Present
Howie serves as a Senior Building Inspector and Inspector of Record for 4LEAF . Howie is currently providing Inspector of Record services for the County of San Louis Obispo’s new Co - Located Dispatch Facility for operation by the County Sherrif and County/Cal-Fire. The new facility will replace two antiquated and overcrowded dispatch centers with an efficient, state-of -the- art facility that will be able to meet Cal Fire/SLO County and the Sheriff Dispatch's emergency service response needs into the future .

Cal Poly San Luis Obispo
Inspector or Record
2020 – 2023
Howie spent three years working directly for Cal Poly San Luis Obispo with the last 18 months as the Acting Senior Inspector. Howie provided inspection services on approximately $400 million of university projects, including the Spanos Stadium Turf Project , the Fremont Dorm Rehabilitation (Resulting from Landslide) and the Chumash Auditorium.

Experience
30+ years

Education
B.S. Botany/Zoology, Northern Arizona
University, AZ, 1976

Certifications
Certified Access Specialist, Department
of The State Architect, CASp #429
ICC Certified Building Official
ICC Certified Building Code Official
ICC Building Plans Examiner
ICC Combination Inspector
ICC Building Inspector (UBC)
ICC Mechanical Inspector (UMC)
ICC Plumbing Inspector (UPC)
ICC Commercial Electrical Inspector
ICC Residential Electrical Inspector
Licensed Contractor, CSLB, B, C61,
D12, #777274

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Howard W. Conroy, CBO, CBCO, CASp
Cal Poly San Luis Obispo (4LEAF)
Inspector or Record
2017 – 2019

Student Housing South
Howard is one of 4LEAF’s Inspector s of Record on the Student Housing South now named YakPityutyu after the Northern
Chumash Tribe. The project ranges over 12 acres and will have 696 residence rooms and a parking structure totaling more than 425,000 Sq Ft. This project included construction of seven, four -five story residential buildings consisting of the addition of 1,475 beds, 29 resident advisor spaces and (2) two -bedroom apartments for professional staff, totaling 383,000 square feet. Rory inspected underground conduit and 12,000 volt medium voltage cable. This project also includes a campus welcome center and 483 parking spaces totaling 154,000 square feet. The project also includes site development, site utilities, parking, ramps, sidewalks and curb cuts, landscaping, site lighting, and signage. The project valuation was $198 Million and achieved LEED Gold.

Vista Grande Dining Facility Replacement Project
Howie performed the Inspector of Record Services for this facility that seats nearly 500 people on two floors while the third floor is dedicated to office space all housed in 35,000 square feet. The project also included site development, site utilities, ramps, sidewalks and curb cuts, landscaping, site lighting, and signage. The University delivered this project under the traditional Design- Bid-Build method. The project valuation was $39 Million and achieved LEED Gold.

County of San Luis Obispo Juvenile Hall Project (4LEAF) Inspector Record
2014 – 2016
Howard was 4LEAF’s Inspector of Record on a 30 -
bed detention housing facility with support spaces
to the existing 45 -bed juvenile hall facility three
new buildings and an exterior covered walkway .

This project will provide approximately 22,800
square feet of additional new housing, recreation
yard, classrooms, mental health treatment rooms
and offices, training/conference rooms, indoor
multi-purpose/recreation, and administrative/teachers office space. The new maximum- security housing facility is a single-story building with approximately 7,920 square feet of living space, with 20 single occupancy sleeping rooms. This new housing wing will also include a large day room to be used for eating meals and activities, and (2) Counseling Interview Rooms.

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Howard W. Conroy, CBO, CBCO, CASp
San Benito County
Building Official
2013 – 2014
Howard served as the Building Official for San Benito County for approximately one year. Howie was responsible for managing building inspection, plan review, code enforcement, and counter administration. In addition, Howie routinely performed plan review and inspections on projects throughout the County and attended Board meetings as the representative of the Building Division.

City of Santa Maria
Building Inspector II
2008 – 2013
As a Building Inspector for the City of Santa Maria, Howard was responsible for residential and commercial building inspections and plans examining. Howard worked on various projects throughout the City inclduing a Mobile Home Park Inspection Program as the Lead Inspector and a Neighborhood Stabilization Program as the Construction Coordinator.

JAS Pacific
Building Inspector/Code Enforcement Officer
2007 – 2008
Howard worked as a building inspector and code enforcement officer for several projects for the company including the Cities of Grover Beach, Guadalupe, Huron, Pi smo Beach, and Arroyo Grande.

Howard conducted both residential and commercial building inspections as well as plans examining and code enforcement.

City of Atascadero
Building Inspector
2006 – 2007
Howard conducted both residential and commercial building inspections. He also, trained and developed other Department inspection personnel.

City of Grover Beach
Planning Commissioner
2002 – 2004

General and Specialty Contractor
Owner
1998 – 2006
As the owner of this Company, Howard was responsible for the supervision of employees and sub - contractors. His duties included project management and coordination and ensuring code compliance.

County of San Luis Obispo
Property Appraiser
1990 – 1998
Howard served as the Construction Expert and Property Appraiser for the County of San Luis Obispo. He was also responsible for the training of new employees.

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Brent Hipsher, CBO, CASp
Senior Building Inspector / Inspector of Record

1 of 2

Experience Summary
Brent is a certified Building Official with more than 27 years of construction related experience; ICC C ertified Combination Building Inspector, h as two college Building Inspection C ertificates in Building Inspection and is a Certified Access Specialist (CASp # 422). Brent has worked with a number of different jurisdictions including the Town of Portola Valley, City of Milpitas, City of Dublin, and the City of Palo Alto where he has served in positions as Building Official, Plans Examiner, Combination Building Inspector, and Inspector of Record.

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4LEAF, Inc.

Senior Building Inspector / Inspector of Record
2016 - Present
Brent is a key member of 4LEAF’s Inspection team as he serves in a number of different capacities including Combination Building Inspector, Certified Access Specialist, Inspector of Record, and as- needed Building Official. Brent has worked with numerous 4LEAF clientele including the cities of Newark, Hollister, Pleasanton, Fremont to assist with any as -needed building inspections ranging from residential to commercial for all trades. Brent also performed IOR services at San Jose State University on 23 different miscellaneous campus projects. Recently Brent was assigned to be the Interim Chief Building Official for the County of San Benito. For the County, Brent supervised the Building Division staff which included Building Inspectors, Code Enforcement, and f ront counter staff as well as the $1 Billion Panoche Solar Farm Project.

Regional Operations Center (County of San Mateo)
Inspector of Record
Currently Brent is working on behalf
of 4LEAF at the County of San
Mateo’s Regional Operations Center
as the Inspector of Record. This $37
Million project is set to establish the
County with one of the top 911
Emergency Dispatch Centers in the
Nation.

Experience
27 years

Certifications
DSA CASp # 422
ICC Certified Combination Building
Inspector
ICC Certified Building Official
ICC Certified Combination Inspector
ICC Certified Electrical Inspector
ICC Certified Mechanical Inspector
ICC Certified Plumbing Inspector
Fire Inspector 1A-1D & 2A-2D

Education
California State University, San Jose
Building Inspection Certificate
College of San Mateo
A.S. Degree Inspection Certificate
A.A. Degree Inspection Certificate

Professional Affiliations
International Code Council

ICC Peninsula Chapter – Past President

IAPMO Current Chair
IAPMO Research and Testing
Committee
IAPMO Answers and Analysis

CALBO California Certification
Committee

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Brent Hipsher, CBO, CASp
The project includes a new 9 -1-1 dispatch center, which will be housed on the second floor. The call center is currently housed in the county’s jury room, which can hold no more than 100 people. The new call center will be roughly double that size, accommodate up to 350 employees and contain nine additional workstations. Brent’s other Inspector of Record projects for the PDU include the Navigation Center (Homeless Shelter), Cordilleras, County Office Building 3 (COB3), South San Francisco project

City of San Mateo
Deputy Building Official/Fire Inspector
2014 - 2016
For approximately one year, Brent worked at the City of San Mateo in the Building Services division as a Deputy Building Official and Counter Manager where he managed the inspection, plan check, and front counter personnel. Brent also spent several months working with San Mateo Fire as a City Fire Inspector.

Kutzmann and Associates – City of Palo Alto
Building Inspector/Plans Examiner
2007 -2014
For approximately seven years Brent worked with the City of Palo Alto as a consultan t inspector and plans examiner. Initially, Brent worked in the office as a plans examiner and facilitated customer service related to code questions and over-the-counter plan checks at the Building Counter. Previously, Brent has served the City on a number of residential and commercial inspection projects including:

• HP Executive Center
• Arbor Real (250-unit multi-family)
• Tesla

College of San Mateo
Associate Professor
Brent has been a Professor at the College of San Mateo for the past ten years where he has taught various courses in plan reading, construction practices, and building codes. Brent’s current curriculum includes the California Residential Code and nonstructural provisions of the Building Codes.

City of Dublin
Contract Building Inspector
Brent served the City of Dublin on behalf of 4LEAF for about one year as a contract building inspector.

Brent inspected multi -family and commercial projects in conformance with the current California Building Codes and adopted Dublin Municipal Code. At the time, Dublin was one of the fastest growing Cities in the Country and a multitude of construction projects.

City of Milpitas, Building and Safety Division
Plans Examiner
2005-2006

Town of Portola Valley
Building Official
1999-2005

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Danielle Hendricks
Senior Permit Technician

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Experience Summary
Danielle is an exceptional team member who takes initiative in any project/task she is assigne d. She is skilled in office management duties including front desk operations and communicating with building management, outside services , the general public, and vendors. Danielle is punctual, self -motivated, has strong organizational skills, and the ability to multitask in a fast-paced and demanding environment.

Select Professional Experience

4LEAF Inc. – Bay Area, CA
Senior Permit Technician
2021 - Present
Danielle is a dedicated team member who demonstrates natural leadership qualities in her position as a Senior Permit Technician. She helps operate and maintain Building Departments by assisting customers, reviewing applications and plan submittals, collaborating with other departments and agencies, handling fees, and scheduling inspections. Her responsibilities as a Senior Permit Technician include:
• Issuing and tracking permits throughout the course of the permitting process. • Managing incoming and outgoing calls and obtaining appropriate permits for construction a variety of construction projects.
• Assisting applicants throughout the permit application process by answering questions, addressing concerns, and providing guidance.
• Coordinating and scheduling appointments for project inspections. • Filing blueprints, permits, drawings, and other physical documents in addition to managing, retrieving, organizing, recording, and preserving data electronically. • Collaborating with designers to develop handouts and other informational material for clients.
• Examining plans, blueprints, and other documents to verify accuracy and completeness according to the build code and assisting building inspectors. • Serving as a liaison between the public and community development. • Creating permit files and distributing applications for review, updating, and maintaining permitting records, tracking, and reporting on permit activity, and determining and collecting permit fees.
• Maintaining and applying knowledge of county policies and procedures to various projects.

Experience
11+ years

Skills
Microsoft Office
10 Key Data Entry
CA Building Permit issuance
CA Building/Housing Code
Read Construction Plans

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Danielle Hendricks
SunRun Installation Services – Novato, CA
Branch Operations Coordinator
2019 - 2021
• Prepared, submitted, and retrieved permit packages in compliance with AHJ requirements.
• Communicated with jurisdictions, the construction supervisor, and design engineering team members to resolve construction drawing redline issues. • Met with homeowners to obtain signatures, payment collection, and discuss project details.
• Supervised and trained new branch operations coordinators with permit practices. • Assisted branch with ad-hoc tasks.

City of Novato – Novato, CA
Permit Technician
2017 - 2018
• Served as liaison between building permit applicants, departments, and outside agencies. • Assisted in resolving problems related to the permit review and issuance process. • Issued building permits and collected fees.
• Reviewed commercial and residential plans and permit applications for pre-plan check approval.
• Conducted quality assurance checks for business and contractor’s licenses. • Performed minor plan reviews for solar.
• Accessed, entered, and updated computerized plan check data and tracking information. • Advised homeowners, contractors, architects, builders, engineers, and developers of project status, permits, and associated fees.
• Scheduled and cancelled inspections.

City of San Francisco Department of Building Inspection Permit Technician I
2015 - 2017
• Performed complex, high level clerical work and answered multi-phone lines. • Received and reviewed permit applications for completeness. • Interacted directly with homeowners, permit expeditors, contractors, general public, and other departments relative to the building inspection process, complaints, code violations, abatements, fees, and other departmental services.
• Researched documents in accordance with building code. • Scheduled weekly Director’s hearings and managed the San Francisco vacant building/commercial programs.
• Closed abated cases and assisted City Attorney’s and Mayor’s office with records request and reports.

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Danielle Hendricks
City of San Francisco Department of Building Inspection Senior Clerk
2013 - 2015
• Assigned clerical work to subordinate office personnel and interns. • Reviewed permit applications for completeness.
• Provided information over the counter and over the phone to the general public, homeowners, architects, contractors, permit expeditors, and realtors regarding code enforcement cases, vacant building laws, policies, procedures, director’s hearing, violations/liens, and abatement appeals.
• Collected fees and processed payments as well as performed high level clerical work.

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Shayne Prudente
Permit Technician

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Experience Summary
Shayne is an exceptional team member who takes initiative in any project/task she is assigned and has over 6 years of customer service experience. She is skilled in office management duties including front desk operations and communicating with multiple department managers, outside services , vendors, and customers . Shayne is punctual, self -motivated, has strong organizational skills, and has the ability to multitask in a fast -paced and demanding environment due to her previous work experience. Her professionalism, organizational skills, and quality work ethic makes her a great asset to any department.

Select Professional Experience

4LEAF Inc.

Permit Technician
2022 - Present
Shayne is responsible for serving the public at the Building Department counter. Some of her duties include accepting plans for plan check , verifying accuracy and completeness of information, calculating permit fees, filing, and acting as support staff to others in the department. She is very proficient in explaining procedures to homeowners, contractors, developers, archit ects, and the general public. She operates the Building Department’s computerized information system inputting a variety of information.

Shayne excels at providing excellent customer service delivery to all her contacts.

Tommy Hilfiger Kids – Livermore, CA
Assistant Manager
2016 - 2021
• Created Excel spreadsheets that summarized our sales. • Participated in weekly conference calls and presentations and created relationships with managers from other stores.
• Delegated tasks to team of 25 employees to ensure store maintained a fresh look and correlated with season to meet consumer needs.
• Hired and trained new employees.
• Utilized critical thinking into solving daily office, POS, and customer issues. • Efficient with POS transactions/maintaining cash drawer flow. • Problem solving and creating weekly shift schedules.
• Delegated tasks and answered inquiries within the store.

Experience
6+ years

Education
A.A. – Psychology
Las Positas College – Livermore, CA

Skills
Microsoft Office
Microsoft Excel
Data Analyst
Inventory Management
POS Transactions

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Steven Arnold, CBO, CASp
Building Official
1 of 2

Experience Summary
Steven is an experienced Building Official with 25 plus years of expertise in the indust ry. He has an excellent working knowledge of all types of construction, including architectural, structural , electrical, mechanical, and plumbing. Steven is extremely committed and has shown dedication by obtaining certifications through the In ternational Code Council (ICC) . Steven has experience managing and overseeing the continual operations of the Building Department. Recently he served as the Building Official for the City of Vallejo . Steven is an adaptable leader that quickly i dentifies departmental issues and solves them by utilizing his ample experience. He prides himself on his ability to problem solve and react well under pressure, while maintaining the effectiveness of his team. Steven has maintained many professional relationships with his staff and members of the public, by being available and having a plan.

Select Professional Experience
4LEAF, Inc.

Building Official
2024 – Present
Steven is an experienced B uilding Official, currently prepared for fulfilling available pa rt-time and f ull- time building official roles. His duties include the proficient management o f inspections, e valuations, construction of structural systems, and overseeing effective implementation of accessibility requirements. Additionally, he oversees many different c apacities i ncluding Building Inspections , Plans Examination, Permitting, a nd more. S teven consistent ly ut ilizes his effective communication s kills a nd impressive history of coordinating large teams.

City of Vallejo, CA
Chief Building Official
2018 - 2024
Steven was the sole mentor for City staff to provide plancheck, building permit and inspection services for all work requiring permits per California Code of Regulations, Title 24. His duties included:
• P
rovided record request responses
• Provided training to staff and the public on Code updates Experience
25+ years
Education
Chabot College – Building Inspector
- Plumbing/Electrical/Mechanical
Inspections
Certifications
ICC Certified Building Official
ICC Plumbing Inspector UPC
ICC Mechanical Inspector UMC
ICC Combination Inspector - Legacy
ICC Building Plans Examiner
ICC Building Inspector
ICC Building Code Specialist
ICC Commercial Combination Inspector
ICC Combination Inspector
ICC Electrical Inspector
ICC Mechanical Inspector
ICC Plumbing Inspector
Certified Access Specialist

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Steven Arnold, CBO, CASp
• Performed CASp plan review and inspection services
• Responded to Code Compliance and work without permit complaints • Managed staff and budget for the department
• Inspections for residential, commercial, and industr ial construction pr ojects including accessibility
• Provided support services for Departments including Public Works, Planning, Code Enforcement, Recycling, Water, Sanitation, and the County Health Department.

City of Walnut Creek, CA
Building Inspector
2007 – 2018
Steven was a Building Inspector at the City of Walnut Creek where he was responsible for conducting all trades inspections for single family resid ential, multi -family residential, and light comm ercial. Steven often work ed with the other ins pection staff to provide trainings and prides h imself on h is customer service delivery.

Contra Costa County, CA
Building Inspector
1999 – 2007
Steven performed residential, commercial, and industrial inspections for Contra Costa County. With this experience Steven received a better understanding of the limit ations of the Building Department ’s ability to enforce Federal Laws (ABA, UFAS, ADA). Steven was tasked with making sure all construction complied with CBC.

Alameda County, CA
Building Inspector
1997 – 1999
Steven was responsible for performing combination building inspections throughout the County which includes many high -end residential neighborhoods. Steven performed residential and light commercial inspections and became proficient in the Energov Software. He reviewed plans to ensure they were in compliance with the building codes, zoning regulations, and local ordinances. Steven also developed schedules and performed effective route planning, maintained inspection records, and collaborated with other Departments

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Peter Lim, CBO
Building Official

1 of 2

Experience Summary
Peter is a highly experienced ICC Certified Building Official with over 2 3 years of experience working in the Building and Safety Department. He has a broad experience in Building Department day -to-day operations, and in -depth knowledge of Building Code, making him an asset to any Building and Safety Department. Peter utilizes excellent communication skills and has the unique ability to defuse any situation that may arise.

Peter can foresee and quickly resolve Building Code issues in the field and on plans, which allows him to effectively maintaining excellent relations with staff, property owners, and design professionals.

Select Professional Experience

4LEAF, Inc.

Building Official
2021 - Present
Peter is proficient in providing inspections, evaluations, approving construction of structural systems, and overseeing effective implementation of accessibility requirements. Peter has served in many different capacities including Building Official, Combination Inspector, and Plans Examiner. Peter has excellent communication skills and works well at the Counter with applicants. In addition, Peter can also provide over-the-counter plan check. Some of Peter’s assignments from 4LEAF have included the Cities of Rialto, Whittier, Fontana, and Ventura County.

Transtech Engineering, Inc. – Various locations, Southern California Building Official/Plan Checker
11/2020 - 2021
Responsible for day-to-day operations for the City of Alhambra and plan check. Supervised and manage Building Inspectors and Permit Technicians. Implemented protocols for electronic plan check submittal and electronic plan check.

J Lee Engineering, Inc.

Building Official/Manager
1/2019 – 8/2020
Managed daily activities and training of the Building Department personnel. Supervise d plan checker(s), permit technicians and building inspectors. Prepared staff reports to be presented to Department director Experience
23+ years

Certifications
ICC Certified Building Official
ICC Certified Building Plan
Examiner
ICC Certified Building Core
Specialist
ICC Certified Building Inspector
ICC Certified Combination
Dwelling Inspector

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Peter Lim, CBO
and council meetings at municipalities. Prepare d code adoptions to be presented to Council. Perform ed digital, paper and counter plan review. Managed Building Depart budget for Municipalities.

CSG Consultant, Inc.

Building Official/Manager
8/2017 – 12/2018
Supervised plan checker, permit technicians and building Inspectors. Provide d over the counter plan check. Implemented policies and procedures. Managed and trained building Inspectors, permit technician and code enforcement officers and provided back-up inspections when inspectors are on vacation.

Manage 36 Plan Checkers, Building Inspectors, Permit Technicians and Code Enforcement Officers.

Willdan Engineering
Building Official
1/2013 – 8/2017
Managed daily activities of the Building Department. Prepared and present staff reports to be presented to City Council City Manager. Developed of the department’s annual budget. Researched and examined supporting data and make decisions or recommendations on proposed alternate materials or methods of design and construction. Coordinated various agencies or departments in the permit application process.

City of Monterey Park
Interim Building Official
2/2003 – 12/2012
Responsible for combination inspection of t wo-multi-family complexes. Oversaw daily building division activities. Provided code interpretations and technical assistance to the public and the design construction professionals. Prepared and managed the annual budget for the Division.

City of Baldwin Park
Senior Building Inspector
8/2001 – 2/2003
Involved in residential, commercial, and industrial combination inspections. Oversaw daily inspections and two building inspectors. Oversaw daily building division activities. Issued permits and plan check.

Charles Abbott and Associates
Building Inspector I
6/1998 – 8/2001
Involved in residential, commercial, and Industrial combination inspections, and plan check. Inspected Mission Viejo Mall expansion of 500,000 sq. ft., addition to mall Sax Fifth Avenue, Robinson-May, and Nordstrom’s, and tenant improvement to Mission Viejo.

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West Coast Code Consultants, Inc.

PROJECT CONTACT:

Donald Zhao, PE, MCP, CBO
Vice President, Regional Manager
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
O: (650) 754-6353
C: (925) 997-4322
E: [email protected]

REQUEST FOR PROPOSAL
Proposal Prepared for: City of Foster City, CA
Submitted by: 5 pm, Tuesday, June 11, 2024
On-Call Building
Services for City
of Foster City

West Coast Code Consultants, Inc.

South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
T eaming with Y our Community to Make a Difference
Attn: Sofia Mangalam
Community Development Director
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
P: (650) 286-3239
E: [email protected]
Photo Credit: Travel Lens - https://www.travellens.co/best-things-to-do-in-foster-city-ca/

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Teaming with Your Community to Make a Difference | www.WC-3.com 2 Table of Contents
WEST COAST CODE CONSULTANTS, INC.

Donald Zhao, PE, MCP , CBO | O: (650) 754-6353 | E: [email protected] 417 Grand Avenue, Suite 201, South San Francisco, CA 94080 | www. WC-3 .com Letter of Interest 3
Executive Summary 4
Firm's Experience 5
Firm's Understanding 9
Firm's Qualifications 10
Proposed Project Approach 14
Fee Proposal 20
References 22
City Agreement Acknowledgment 23
Appendix - Resumes A-1
Photo Credit: Travel Lens - https://www.travellens.co/best-things-to-do-in-foster-city-ca/

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June 11, 2024
Sofia Mangalam
Community Development Director
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
RE: Response to RFP for On-Call Building Services for the City of Foster City Dear Ms. Mangalam,
West Coast Code Consultants, Inc. (WC3) is thrilled to present our proposal to the Community Development Department the City of Foster City, California. We are offering our services to provide On-Call Building Services as necessary in support of the Division and City.

WC3 has a proven track record of providing reliable support and excellent service for plan review, building inspection and staff augmentation or front counter permit technician services throughout California. We are confident in our ability to provide these important services to your City.

Our team includes licensed professional civil engineers, structural engineers, fire protection engineers, land surveyors, ICC-certified building officials, fire marshals, plans examiners, building and public works inspectors, permit technicians, and other professionals. Our vast experience working on various civil, engineering, architectural, structural, mechanical, electrical, plumbing, solar, fire, and energy projects has provided WC3 with unparalleled knowledge of local codes and ordinances, State Codes, Federal Codes, and Standards.

Our combined experience, knowledge, and customer service are key to our performance. We are fully capable of meeting the building plan review, building inspection and permit support needs for your projects. Our prime strategies for serving your agency are as follows:

X Provide accurate and responsive plan review, inspection, staff augmentation, and permitting services to ensure compliance with applicable codes and standards.

X Provide the highest level of customer service and perform plan reviews and inspections that meet or beat standard turnaround times.

X Balance the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

We thank you for your consideration and look forward to an opportunity of continuing to work together. We are confident in our ability to meet the needs of Foster City and eager to deliver professional, thorough service with our diverse, experienced team. If you have any questions or require further information, please feel free to contact me, or our Vice President and Regional Manager, Mr. Donald Zhao, at anytime. He can be reached at:

Donald Zhao, PE, MCP, CBO - Vice President/Regional Manager West Coast Code Consultants, Inc. | South San Francisco Regional Office 417 Grand Avenue, Ste. 201 | South San Francisco, CA 94080 | P: (650) 754-6353 | E: [email protected] Sincerely,
Giyan Senaratne, PE, SE, LEED AP
Principal / CEO
San Ramon Corporate Office | 5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: (925) 275-1700 | www.WC-3.com Letter of Interest
3 5.3
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Teaming with Your Community to Make a Difference | www.WC-3.com 4 Executive Summary
As a leading provider of on-call professional building division services in California, WC 3 is pleased to submit a proposal to the City of Foster City for your building safety needs. Our company has been serving various jurisdictions throughout the state for over 18 years, providing top-notch plan check, inspection, and code enforcement services, as well as staff augmentation and permitting services.

Our team at WC3 comprises licensed professional civil and structural engineers, International Code Council (ICC) certified building officials, fire marshals, plans examiners, building inspectors, and other professionals who stay abreast of current trends and regulations in the industry. With extensive knowledge and expertise, we have helped many jurisdictions transform their communities and improve upon safety for their citizens.

We understand that the City of Foster City values high standards of customer service for its citizens, which is why we are confident that our reputation for reliable, professional service, responsiveness, and industry expertise will align with your needs. Our number one goal is to exceed our clients' expectations, and we believe that our partnership with Foster City can help bring peace of mind to your community in a manageable, sustainable, and profitable way.

Our proposal includes a comprehensive approach to the project and work plan, which outlines our innovative solutions to assist Foster City. We have a passion for helping our clients create safe communities as they grow, and we are eager to continue providing our array of services to the City of Foster City.

We look forward to the opportunity to work with the City of Foster City and believe that our expertise and experience make us the perfect partner to help you achieve your goals.

Photo Credit: Travel Lens - https://www.travellens.co/best-things-to-do-in-foster-city-ca/

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Teaming with Your Community to Make a Difference | www.WC-3.com 5 Firm's Experience
Highlights
Company Overview
West Coast Code Consultants, Inc. (WC
3 ) is a
code compliance consulting firm, specializing in
comprehensive plan review, inspection and staff
augmentation services. Founded by Giyan Senaratne
in 2006, WC3 is not a subsidiary of any other firm. The company has experienced steady growth over the
past 18 years and has evolved from a small central
team in California to an industry leader throughout
the western United States. WC3 serves clients with 10
office locations in five states and over 125 employees.

No mergers, acquisitions or business transfers have
ever taken place with regards to the company, nor
has our firm filed any bankruptcy or insolvency
processing within the last ten (10) years. Should
a contract be awarded, our South San Francisco
Regional Office will primarily service the Foster City
contract. No sub-contractors or sub-consultants will
be utilized to perform the work.

Primary Contact
Donald Zhao, PE, MCP, CBO | VP, Regional Manager
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353 | E: [email protected]

COMMUNICATION
Good communication
is a top priority in
providing good service.

WC3 staff members
assigned to Foster
City projects will be
responsive and easy to
contact by email
and/or phone.

Our qualified team
performs a variety of
timely reviews, including:

Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing building
department services
and more for over a
decade. Each team
member working on
the Foster City projects
will have obtained all
requisite certifications
and licensing.

Staff Entity Federal ID/Tax ID
125+ S-Corp 204707579
San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700 | F: (925) 275-0600
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353 | F: (925) 275-0600
Recognition & Accomplishments
• ICC Preferred Education Provider (#1129)
• AIA Education Provider (#38839994)
• 2022, 2014 & 2010 ICC Chapter Industry
Awards for Excellence
• 2021, 2019 & 2015 ICC Chapter Education Awards
• 2019 ICC Chapter Permit Tech of the Year
• 2021 Plumbing Essentials Handbook Author
• 2021 & 2018 IBC Handbook Co-Author
• 2018 IEBC Handbook Author
• 2018 IRC Plan Review Course Developer
• 2018 IBC Structural/Non-Structural Plan
Review Course Developer

ON-TIME PLAN REVIEW QUALIFIED
Certification

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Teaming with Your Community to Make a Difference | www.WC-3.com 6 The WC 3 team is comprised of licensed and certified...

WC3 has been serving local jurisdictions with complete plan review, inspection, sta ff augmentation and other comprehensive services for over 18 years. The company was founded on a commitment to supporting municipalities with exceptional service, code expertise and creative problem-solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high-rise, or a complex mixed-use commercial and residential occupancy, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals is licensed, certified and understands all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner.

When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overﬂow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with city officials, employees or applicants. In many instances, our employees have served jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or to provide interim building official or fire marshal services. We strive for complete satisfaction and our remarkable employees are always ready to assist.

WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on-demand training courses in building safety and fire prevention for field and technical staff, nationally. We remain a leader in meeting ever- changing industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible.

BUILDING SAFETY | FIRE PREVENTION | ENERGY & POWER PUBLIC WORKS & CIVIL ENGINEERING | WC 3 ACADEMY | ePROCESS360 Our Team
Civil Engineers
Structural Engineers
Traffic Engineers
Fire Protection Engineers
Certified Fire Marshals
Certified Building Officials
Certified Access Specialists (CASp)
Certified Plans Examiners
Certified Building Inspectors
Certified Public Works Inspectors
Certified Fire Inspectors
Certified Permit Technicians
Firm's Experience (Continued)
Building/Fire Plan Reviews
Civil/Public Works Plan Review
Code Interpretation
Code Enforcement
Building/Fire/Civil/Energy Inspection
Building Official/Fire Marshal Services
Administrative Services
Staff Augmentation
Code Training/Education
Online Permitting/Municipal
Software Solutions
And More!

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Teaming with Your Community to Make a Difference | www.WC-3.com 7 Specific Municipal & Jurisdictional Experience
WC3's professional team has experience reviewing and inspecting various construction types and occupancies, including educational institutions, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable jurisdictions with whom WC3 has had the pleasure of building relationships with and serving in various capacities. Over the years and throughout each individual project or assignment, our team applied a comprehensive understanding of multiple building codes and worked cohesively with management teams, in-house staffing, contractors, design teams and fellow peers to help resolve code issues. As the percentage of work ﬂuctuated and varied with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time.

Firm's Experience (Continued)

GILEAD SUPERSTRUCTURE
Location: Foster City, CA Year: 2024-Ongoing
Gilead is one of the largest biopharmaceutical companies in the world and has its headquarters in Foster City. This project includes the demolition of a 21K SF office building and the construction of a new 190K SF 5-story R&D building. The plan includes dedicated laboratories and research space, as well as a third-story skybridge. The project also includes a landscaped area known as the "Research Quad." WC3 is peforming comprehensive plan review, including building, mechanical, electrical, and plumbing.

WILLIAM E. WALKER RECREATION CENTER
Location: Foster City, CA Year: 2024-Ongoing
This project entails the demolition of a 32,000 SF building and its replacement with a 40,000 SF multi-purpose facility designed to meet the needs of the growing Foster City community. The design features multipurpose classrooms that can also be used for workshops, meetings, and special events. The project also includes improvements to the landscaping and outdoor spaces of the adjacent park. WC3 is handling full plan review for the project.

THE LAB
Location: Foster City, CA Year: 2024-Ongoing
The project will include a 3-story Class "A" life science campus with a 6,000 SF rooftop terrace overlooking the San Francisco Peninsula. Half of the building is occupied by laboratory space, while the other half is dedicated to office space. Roughly 28,000 SF of open space is also included. WC3 performed comprehensive plan reviews that included building, mechanical, electrical, plumbing, and more.

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Teaming with Your Community to Make a Difference | www.WC-3.com 8 Firm's Experience (Continued)

KILROY OYSTER POINT LIFE SCIENCE CAMPUS
Location: South San Francisco, CA Year: 2018-Ongoing
Oyster Point transformed the South San Francisco waterfront into a transit- oriented life science campus. This ongoing project entails approximately 40 acres and 2.5 million SF of a landfill site, directly on the coastline, within a tsunami inundation zone. WC3 has assisted in performing various projects in the civil, fire and life safety and structural plan review disciplines for this enormous development. Ongoing projects associated with tenant improvements, research labs, office space and new construction continue to this day.

SOUTHLINE LIFE SCIENCE CAMPUS
Location: South San Francisco, CA Year: 2019-Ongoing
The Southline project is a mixed-use, transit-oriented development in South San Francisco, adjacent to the city of San Bruno. Steps away from BART and Caltrain, this innovative 7-building campus on 27 acres of former vacant lots and warehouses will revitalize the area by adding up to 3M SF of Class A office and life science space. WC3 has been pleased to perform the preliminary review, civil (C3) reviews, as well as comprehensive building plan reviews.

GATEWAY OF PACIFIC CAMPUS
Location: South San Francisco, CA Year: 2018-Ongoing
Gateway of Pacific is a landmark, delivering premier laboratory and office space at the front door to South San Francisco’s ﬂourishing biotechnology community. This fully-integrated 2.2M SF (36 acre) campus features 10 distinct and robust buildings within an active, urban-park setting. WC3 has performed a multitude of projects in the civil, fire and life safety, fire systems and building plan review disciplines for this multi-phase development. Ongoing projects continue to this day in all disciplines associated with tenant improvements, research labs, office space and new construction.

LIFE SCIENCE CENTER
Location: South San Francisco, CA Year: 2022-Ongoing
The Life Science Center project is a dynamic new addition to the South San Franciscos landscape. This innovative development features an 11-story high rise lab and office building, a modern 5-story lab and office structure, an 8-level parking garage, and a newly constructed 1-story amenity building. Strategically positioned near a forthcoming Caltrain Station, the project offers essential convenience and seamless access to public transportation. WC3 is handling complete building and civil engineering plan review services for various phases of this project.

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Teaming with Your Community to Make a Difference | www.WC-3.com 9 Firm's Experience (Continued)
ABBVIE
Location: South San Francisco, CA Year: 2018-2023
This 480,000 SF facility houses new state-of-the-art laboratory and collaborative workspace. The building has obtained LEED Platinum certification, with solar panels, rainwater capture and vegetated roofs as part of its environmentally friendly construction. WC3 facilitated complete plan review services for Phases 1 & 2 of this project.

SOUTH SAN FRANCISCO COMMUNITY CIVIC CAMPUS
Location: South San Francisco, CA Year: 2019-Ongoing
A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi-user and interactive facilities. Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station. WC3 has performed a multitude of structural, building, mechanical, electrical and plumbing plan reviews for original and deferred construction documents associated this project.

GATEWAY AT MILLBRAE STATION DEVELOPMENT
Location: Millbrae, CA Year: 2022-Ongoing Gateway at Millbrae Station is a neighborhood-defining community delivering quality spaces for people to live, work, shop, and dine. The transit oriented project located east of the Millbrae Intermodal Station entails a 6-story mixed-use building consisting of retail, lab and office spaces. The site also includes a 2-story parking garage, 400 residential homes and a hotel. WC3 provided various plan review services of the original and revised construction documents and is also providing building inspection services.

ALEXANDRIA LIFE SCIENCE CAMPUS
Location: San Carlos, CA Year: 2022-Ongoing
This new addition to the city of San Carlos, is a new cutting-edge 110,554 SF 3-story building meticulously crafted for laboratory and office use.

This modern facility promises to meet the evolving needs of scientific research and business operations. With its spacious design and state-of- the-art amenities, the building offers an ideal environment for innovation and collaboration. WC3 has assisted in performing various projects in the building, structural, mechanical, electrical and plumbing plan review disciplines for this project.

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Teaming with Your Community to Make a Difference | www.WC-3.com 10 Statement of Understanding and Ability to Meet Foster City Requirements WC3 proposes the services of Mr. Donald Zhao, PE, MCP , CBO as our main point of contact and Client Manager for Foster City. Ms. Fattah will serve as Plan Review Manager, Mr. Rossbach, MCP , CBO, will serve as Building Inspection Manager, and Mr. Marky Phun will oversee and train all associated staffing for permitting services. We shall assign competent personnel to perform all services on behalf of Foster City and upcoming projects. A complete listing of proposed personnel along with their expertise, professional background, certifications, training, and services they will perform can be found on pages 11-14 of this proposal. In the event that Foster City, in its sole discretion, at any time during the term of a potential agreement, desires the reassignment of any staff members, WC 3, shall immediately upon receiving notice from the City, reassign such person or staff members.

WC3 provides a thorough assurance/quality control program through assignment of the proposed project management team to follow plan review, inspection and permitting projects from submission or request to approval and completion. Weekly meetings are held for collaboration and clarification on any details, issues or questions and documents are thoroughly reviewed by the project manager and supervisors prior to being released to Foster City.

Our entire team as a whole strives to always reference direct codes and to not make “best practice” comments as can be common in the industry. Our plans examiners and inspectors are well versed in the requirements of State of California Building, Mechanical, Electrical, and Plumbing Codes, as well as State energy efficiency and accessibility standards as amended by the City of Foster City. This includes Part 2 of the larger California Building Standards Code (Title 24) that consists of:

As the percentage of work ﬂuctuates and varies with each individual project, WC 3 staffing will be assigned per Foster City's needs and based upon the project’s scope of work. All project schedules will be adhered to and all project work will be completed on time or before project due dates. For Foster City projects, our firm will devote sufficient time and resources to the performance
of services as may be necessary to meet a high
standard of performance. A complete example of
how WC3 adheres to agreed upon schedules, how
we make efficient use of personnel and resources,
and what techniques our firm uses to deliver
quality services may viewed on pages 15-20 of this
proposal.

WC3 staff will be available for off-site or remote plan review services as necessary. At the request and
direction of the Foster City Chief Building Official,
WC3 plan review, inspection, and permit technician
staff will also be available to serve on-site, within the City, to provide support for one-stop City services.

Firm's Understanding
X Part 1: California Administrative Code
X Part 2: California Building Code
X Part 2.5: California Residential Code
X Part 3: California Electrical Code
X Part 4: California Mechanical Code
X Part 5: California Plumbing Code
X Part 6: California Energy Code
X Part 8: California Historical Building Code
X Part 9: California Fire Code
X Part 10: California Existing Building Code
X Part 11: California Green Building Standards Code
X Part 12: California Referenced Standards Code

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Teaming with Your Community to Make a Difference | www.WC-3.com 11 Project Management Personnel
WC3 has established an experienced project team of individuals that would seamlessly augment Foster City staff. The South San Francisco office will serve as the management center for this project and Mr. Donald Zhao, PE, MCP , CBO will serve as Client Manager and key WC3 contact for the City. The following includes a brief summary of proposed key contacts. On the subsequent pages, the additional members of the designated team are listed with specific assignment of in an Organization Chart, as well as a Qualifications Table, displaying all licensing and certifications. Complete resumes are available for viewing in the Appendix - Resumes, while copies of requisite licensing or certifications may be provided upon request.

We propose the services of Mr. Donald Zhao, PE, MCP , CBO as our main point of contact and Client Manager for Foster City. With over 21 years of experience in the construction industry and 18 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets. Donald uses every opportunity to expand his base of knowledge and share it with his team. His utilization of modern collaboration technology, along with a strict standard of quality, has enabled Donald to lead the South San Francisco branch of WC3 into several years of consistent growth. Donald's technique and ambition serve as the foundation and goal for all his employees and set him at the cutting edge of an industry constantly in search of innovation.

Donald Zhao, PE, MCP, CBO - Vice President / Regional Manager Ms. Fattah has over 21 years of structural design experience with 13 years as a design engineer and over twelve (12) years as structural and non-structural plan review engineer.

She brings a broad range of experience to any project. As a plan review engineer she has reviewed hundreds of projects for jurisdictions throughout California. Types of projects reviewed include single family dwellings, podium type residential complexes, corporate offices, OSHPD Medical facilities and Data Centers. She has provided in-house plan review services in multiple jurisdictions throughout the bay area and currently leads the plan review division at WC3's San Ramon office. Mrs. Fattah is a long time Bay Area resident and is intimately familiar with the Bay Area built environment.

Zahra Fattah - Plan Review Manager
Mr. Rossbach, MCP , CBO, is an International Code Council (ICC) certified Master Code Professional and Building Official with years of experience in the construction industry. His background has enabled him to demonstrate exceptional problem-solving skills. Having worked with numerous customers in the construction industry, he presents incredible interpersonal skills with strict attention to detail. Exposure to the industry from a variety of positions has assisted Joe in gaining the valuable skills necessary to perform a variety of inspections to ensure code compliance. He brings extensive building and construction inspection experience in multiple disciplines as well as in-depth trade and product knowledge to every project.

H. Joe Rossbach, MCP, CBO - Building Inspection Manager Firm's Qualifications

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Teaming with Your Community to Make a Difference | www.WC-3.com 12 In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

West Coast Code Consultants, Inc. (WC 3)
Giyan Senaratne, PE, SE, LEED AP
Principal / CEO

INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspector Manager
Reggie Ramos
Senior Building Inspector
Alan Wong
Senior Building Inspector
Gil Chavez
Building Inspector II
Structural / Building
Donald Zhao, PE, MCP, CBO
Client Manager
Senior Plan Review Engineer
Zahra Fattah
Plan Review Manager
Senior Plan Review Engineer
Curt Hume, PE, SE
Structural Plan Review Engineer
Keith Ma, PE, SE
Structural Plan Review Engineer
Lily Rong, PE, SE
Structural Plan Review Engineer
Keyvan Irannejad, PE, CBO
Structural Plan Review Engineer
Eric Schneiderjohn, PE, QSD
Senior Plan Review Engineer
Noel Mendoza, EIT
Building Plans Examiner
Souad Maghrbi
Building Plans Examiner
Vice President / Regional Manager
Donald Zhao, PE, MCP, CBO

PLAN REVIEW SERVICES
Organization Chart
CASp
Eric Schneiderjohn, CASp
Senior Plan Review Engineer
Electrical
Doug Smith, MCP, CBO
Senior Plans Examiner
MEP
Sekhar Tatapudy, EIT
Senior Plans Examiner
George Williams
Senior Plans Examiner
Fire & Life Safety
Chris Kimball, FPE, MCP, CFCO
Fire Protection Engineer
Craig Hanson, CFPS
Fire Division Manager
Civil
Maurice Kaufman, PE, LS
Civil Division Manager
Senior Civil Engineer

PERMITTING SERVICES
Marky Phun
Permit Technician Supervisor
Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 13 PLAN REVIEW SERVICES
Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
• Registered PE: CA 46194
• Registered SE: 4457
• LEED AP Certification
• +8 Additional Certifications
• 32 Years Industry Experience
Donald Zhao, PE, MCP, CBO
Vice President, Client Manager
Senior Plan Review Engineer
• Registered PE: CA 79273
• ICC Master Code Professional
• ICC Certified Building Official
• +30 Additional Certifications
• 15 Years Industry Experience
Zahra Fattah, LEED AP
Plan Review Manager
Senior Plan Review Engineer
• BS in Structural Engineering
• BS in Applied Physics
• ICC CA Building Plans Examiner
• 23 Years Industry Experience
Curtis Hume, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 38266
• Registered SE: S3134
• +3 Additional Licenses in
Washington and Arizona
• 40 Years Industry Experience
Keith Ma, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 364767
• Registered SE: 5065 • 14 Years Industry Experience
Lily Rong, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 76434
• Registered SE: 6469
• 20+ Years Industry Experience
Keyvan Irannejad, PE, CBO
Senior Plan Review Engineer
• Registered PE: CA C 44539
• BS in Environmental Engineering
• ICC Building Plans Examiner
• +9 Additional Certifications
• 34 Years Industry Experience
Eric Schneiderjohn, PE, MS, CASp
Senior Plan Review Engineer
• Registered PE: CA C 87019
• MS in Civil Engineering
• ICC Building Plans Examiner
• +2 Additional Certifications
• 10 Years Industry Experience
Noel Mendoza, EIT
Building Plans Examiner
• Bachelor of Civil Engineering
• Engineer in Training
Certification
• ICC Building Plans Examiner
• 8+ Years Industry Experience
Souad Maghrbi
Building Plans Examiner
• Bachelor of Science in
Engineering
• ICC CA Building Plans Examiner
• 20+ Years Industry Experience
Doug Smith, MCP, CBO
Senior Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• Electrical Plans Examiner
• +12 Additional Certifications
• 21 Years Industry Experience
Sekhar Tatapudy, EIT
Senior Plans Examiner
• Masters of Business
Administration
• Bachelor of Science Mechanical
Engineering
• 37+ Years Industry Experience
• 14+ Years Bay Area Plan Check
Experience
Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 14 PLAN REVIEW SERVICES (Continued)
George Williams, MCP, CBO
Senior Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Plumbing Code Specialist
• ICC Mechanical Code Specialist
• + 29 Additional Certifications
• 21 Years Industry Experience
Chris Kimball, FPE, MCP, CFCO
Fire Protection Engineer
• ME Structural Emphasis
• BS in Civil Engineering
• Registered PE: CA C 67857
• Registered Fire Protection
Engineer
• ICC Certified Fire Code Official
• ICC Master Code Professional
• 30+ Additional Certifications
• 30+ Years Industry Experience
Craig Hanson, CFPS
Fire Division Manager
• NFPA Fire Protection Specialist
• NFA Fire Plan Review
• NFA Health & Safety Officer
• IFSAC Fire Inspector I
• 30+ Years Industry Experience
Maurice Kaufman, PE, LS
Civil Division Manager / Sr. Civil Engineer
• Registered PE CA: 43680
• Registered LS CA: 7256
• MS in Structural Engineering
• 34+ Years Industry Experience

INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspection Supervisor
Senior Building Inspector
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Commercial Bldg. Inspector
• ICC Building Plans Examiner
• 28 Additional Certifications
• 31 Years Industry Experience
Reggie Ramos
Senior Building Inspector
• ICC Building Plans Examiner
• ICC Residential Building Inspector
• ICC Commercial Building
Inspector
• ICC Building Inspector
• 7+ Years Industry Experience
Alan Wong
Building Inspector
• ICC CA Building Inspector
• ICC Combination Inspector
• ICC Plans Examiner
• 37+ Years Industry Experience
• Fire Inspector II
Gil Chavez
Building Inspector II
• ICC Building Inspector
• ICC Commercial Building
Inspector
• ICC Residential Building Inspector
• Residential Combination Inspector
• Residential M, E, and P Inspector
• 4+ Years Industry Experience

PERMITTING SERVICES
Marky Phun
Permit Technician Supervisor
• 15+ Years Industry Experience
• Staff Trainer and Coordinator
• Personable and Friendly
• Detail Oriented
In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 15 Proposed Project Approach
Experience and Expertise to Address the Scope of Work
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each community is unique, and our staff is trained to provide individualized support for each of our clients. We are confident in our ability to perform the duties outlined by Foster City, including but not limited to the following:

PLAN REVIEW SERVICES
X WC3 shall perform comprehensive building code plan review services as directed by the Chief Building Official of Foster City.

X All plan review services provided by WC 3 shall include the initial plan review and all subsequent re- reviews as necessary for building permit issuance.

X Plan review services shall include consultation to the building permit applicants as administered by the City staff.

X Plan review services will be performed remotely or on-site in the office spaces at City Hall.

X Perform review services for compliance with the latest versions of City Code of Foster City and California Code of Regulations Title 24 as adapted by the City of Foster City.

BUILDING INSPECTION SERVICES
X WC3 shall perform building inspection services for a specified number of hours as directed by the Chief Building Official.

X Services shall include review of all approved plans, specifications and documents, review and respond to all inspection requests and reports.

X Attend mandatory meetings, in house trainings including, but not limited to, safety training, City staff coordination, applicant progress and project management meetings as required or necessary.

X Perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing, Fire codes, as well as State energy efficiency and accessibility standards as amended by the City of Foster City.

PERMIT SUPPORT SERVICES
X WC3 shall perform permit process services for a specified number of hours as directed by the Chief Building Official.

X Assist architects, contractors, and the public in accepting, processing, and tracking applications for building permits, calculating and collecting permit fees, and providing general information regarding permit processing.

X Perform 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

OTHER STAFF AUGMENTATION SERVICES
X WC3 shall provide staffing augmentation services on an as needed basis.

WC3 understands that the City's need for these services may vary, depending on City’s staff capacity and capability to complete the services described in a thorough and timely manner. Furthermore, WC3 will approach service and manage the scope of work as outlined in the table on pages 16 and 17 of this proposal.

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Teaming with Your Community to Make a Difference | www.WC-3.com 16 PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project
• When plan review services are performed off-site, within the local offices of our firm, WC 3 will serve Foster City with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere.

WC3 will adapt to any preferred software systems of Foster City.

WC3 Processing
• An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed.
• Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3’s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.

Plan Check
• WC3 will check submitted docs for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items and discuss important items with associated sta ff.
• Client/Regional Manager will assign WC3 plan examiner staff and monitor progress. • Client/Regional Manager will quality check all comments before release to the City.

Communication
• WC3 understands all plan review comments are subject to the review by the City. • Review comments will have plan sheet numbers, detail numbers, and code sections. • WC3 will work with Foster City's preferred method of communication and be available via email, phone or in-person for meetings, etc.
• The City will always have the same points of contact for WC 3. • The comment structure in our plan review comment lists will be easily transitioned into the format of the City's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to Foster City via email.

Recheck
• Documents are resubmitted to begin the recheck process. WC 3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review. • Any new comments to be included during the recheck cycle will be brought to the attention of the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
• Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Typical Plan Review Turnaround Schedule." Approval
• Plan review approval will not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the department are satisfied. • WC3 is ﬂexible and will meet all Foster City project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/hard copies, quantity of copies, pick-up/delivery and more.

PLAN REVIEW PROCESS
WC3 Processing Plan Check Communication Recheck Approval Incoming Project
Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 17 TYPICAL PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our office(s) and for extraordinarily complex projects, WC 3 will immediately contact Foster City and agree on an appropriate response time prior to starting the review.

EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from Foster City. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC 3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC 3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five to ten (5-10) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.

TYPICAL INSPECTION TURNAROUND SCHEDULE
Inspections shall be performed during Foster City's regular business hours. Our inspection services include a commitment to making inspectors available for standard, routine inspection needs associated with projects. Standard turnaround for inspection requests will be scheduled accordingly with 48-hour advance notice and when the schedule allows, WC 3 will make every effort to accommodate emergency or same-day inspection requests. Additionally, when special needs arise, inspectors can also be made available for after-hour, weekend and holiday inspections as well.

INITIAL
(Business Days)

RECHECK
(Business Days)

EXPEDITED
(Business Days)

RECHECK
(Business Days)
New Construction, Additions & Remodels 10 5 5 5
New Construction Multi-Family 15-20 5-10 5-10 5-10
Commercial Projects (Small) 10 5 5 5
Commercial Projects (Large/Complex)* 15-20 5-10 5-10 5-10 * Typical turnaround times for large/complex projects is 15-20 days for first reviews and 5-10 days for re-checks.

The City will be contacted and an appropriate response time will be negotiated on a case by case basis.

INSPECTION PERIOD REQUEST LEAD TIME FOR INSPECTION
Standard Inspections 48 Hours Advance Notice
Emergency/Same Day Inspections Accommodated as Schedule Allows Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 18 Additional Efforts to Achieve Foster City Satisfaction WC3 will provide Foster City the technical expertise they seek through a complete array of plan review, inspection and permitting services. Our portfolio includes projects regarding building, preliminary building, structural, fire & life safety, accessibility, energy, mechanical, plumbing, electrical, solar and other specialty disciplines. Our staff is committed to providing higher standards by delivering building department solutions that exceed client satisfaction and meet time and budget constraints. We believe we are able to meet all the outlined requirements of the RFP as stated. The following is a list of additional professional aspects specific to this RFP that we feel Foster City will find advantageous:
> International Code Council (ICC) Certified Permit Technicians - As needed, WC 3 can furnish exceptionally qualified personnel to staff and support your front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to your departments specific processes and procedures. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for your customers. All candidates will be presented for the City's approval.
> International Code Council (ICC) Certified Inspections - All inspection personnel assigned to your jurisdiction will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly both verbally and in writing and work effectively with contractors, the public, and jurisdictional staff. WC 3 tailors our inspection services to meet the specific needs of our clients. In addition to maintaining the International Code Council (ICC) certified inspectors and combination inspectors on staff, we also maintain a list of highly qualified and certified personnel to draw upon when we desire to fulfill jurisdictional clients' full time or interim needs. Each inspector assigned to Foster City will be in possession of all required certifications and minimum four-year experience requirements; and the City will have the opportunity to review all candidates prior to task or project assignment. > California Licensed, ICC-Certified Building Plan Review - WC 3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on sta ff to meet the criteria noted in the RFP . Many have performed engineering design work in the past, and each has performed hundreds of commercial, residential, institutional/educational, MEP and structural plan reviews throughout their career. Our staff also includes six Master Code Professionals and many members certified by the ICC. Our team operates independently as a third party entity, is properly licensed to practice in the state of California, and has no con ﬂict of interest with regard to any other work performed by our firm for the City. > California Licensed Fire Protection Plan Review - WC3 is an industry leader in providing plan review services for Fire Prevention and Fire and Life Safety Plan Review. Our diverse team of Fire Protection Engineers, Executive Fire Officers, Certified Fire Protection Specialists, Fire Marshals and Plans Examiners offer clients and extensive range of experience—both formally and on the job. With resources of technical professionals from multiple offices, our team is proficient in all types of construction. Clients count on us to understand the intricacies of fire department access, means of egress, smoke management, fire ﬂow calculations, hazardous materials, fire protection systems, communication systems and more.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 19 > California Licensed Engineering Plan Review - WC 3’s engineering plan review service includes California certified professionals and engineers, as well as company best practices to meet each municipality’s service requirements. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. We combine quality service to review improvement plans for conformance to approved tentative map, specific plans, and conditions of approval, as well as engineering bond estimates, subdivision maps, hydrology/hydraulic reports, stormwater management, development plans, lot line adjustments, lot mergers, easement plats, and more. Our personalized approach with transparent communication helps streamline the process. > CASp Plan Review - WC3’s professional staff of plans examiners has vast experience in providing plan reviews for specialized accessibility projects and is well versed in all construction-related accessibility code and standards. WC3 has provided numerous CASp plan reviews and inspections for many of our California clients and has tremendous expertise in guiding clients through California’s accessibility regulations as well as ADA and other applicable laws.
> Electronic/Digital Plan Review Capability - WC 3 is very familiar with Electronic/Digital Plan Review technologies and works in a variety of capacities as per jurisdictional clients’ specifications and systems. This technologically advanced form of plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically. At no additional cost to clients, we strongly encourage this service. The electronic count on us to understand the intricacies of fire department access, means of egress, smoke management, fire ﬂow calculations, hazardous materials, fire protection systems, communication systems and more. > Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise on complex projects, or feel overwhelmed with particular projects, WC 3 is available to handle all technical aspects or project overﬂow for Foster City. We serve in matters to help fulfill obligations and with reasonable notice are more than happy to join in on phone calls or attend special meetings at the City to help facilitate the approval process. Team members are available to discuss projects with designers, construction teams, City employees and/or applicants. We strive for complete client satisfaction and whether it’s through telephone, email, web conference, fax or in person, WC3 team members are always ready to assist. > Emergency Services - Teaming with Your Community to Make a Difference. This phrase has served as the guiding mission of WC 3 for over 18 years. As we navigate challenging times, emergencies, disasters or pandemics, WC 3 is committed to taking care of our clients and doing our part by continuing to offer the following services:
> Plan Review - Because of our experience with electronic plan reviews, our staff has the ability work remotely and not miss a beat. With multiple offices located in various regions, we are able to adjust quickly and move plan review projects amongst qualified personal with similar expertise and provide seamless service to our clients. We are also able to facilitate meetings via teleconference and more, and all phone calls and emails will be responded to within the same quick and friendly manner as usual. > Inspections - The health and safety of employees and clients is always a top priority for WC 3. When circumstance necessitates, we go to great lengths to perform safe, live inspections, while in others we are able to serve clients remotely. In either case, we are committed to helping manage the risk during emergency situations while also helping jurisdiction maintain performance.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 20 > Staff Augmentation - WC3's staff augmentation services are a valuable resource when it comes to supporting jurisdictions’ needs during emergencies and critical times. Whether live or remote support is needed, we're ready and available to assist with inspection services, building official responsibilities, administrative or permit technician duties, and more!
> eProcess360-EDSR - While an emergency, disaster or pandemic may have an immense impact on all of our lives, WC3 is committed to helping communities maintain day-to-day operations with as few disruptions as possible. Our eProcess360-EDSR is an online permitting solution that helps a jurisdiction work remotely with online applications, document submittals and plan review — serving citizens with peace of mind. > Continuing Education & Training - WC3 is deeply embedded within the Building Safety industry, with many key staff serving as general members, executive board officers, committee participants, and requested instructors within ICC Chapters and industry associations. We facilitate and encourage all of our personnel to achieve the highest level of experience and certification; and all team members are appropriately licensed, certified and trained with attendance at industry-related training classes, conferences, and seminars. Due to our emphasis on training, WC3 has also created the WC3 Academy which provides education, training and online, on-demand resources to our staff and the industry. Please find additional information at www.WC-3.com.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 21 Fee Proposal
(Continued on next page.)
WC3 Proposed Fee and Rate Schedule
*Additional notes and details included on the subsequent page.

FIXED FEE / CONTRACT RATES
Comprehensive Full Plan Review 65% of Plan Review Fees to be Paid by the Applicant Structural Only Plan Review 35% of Plan Review Fees to be Paid by the Applicant On Site Plan Review As Per Hourly Rates Below
Revisions / Deferred Submittals, RFIs / ASIs, etc. As Per Hourly Rates Below Minimum Plan Review Fee $290 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost NON-PREVAILING WAGE HOURLY RATES *
Chief Building Official $170.00 / Hour
Senior Client/Project Manager $160.00 / Hour
CASp Plan Reviewer / Inspector $160.00 / Hour
Plan Review Structural Engineer (Registered SE) $160.00 / Hour Plan Review Engineer (Registered PE / FPE) $155.00 / Hour ICC Certified Building / Fire Plan Reviewer $145.00 / Hour ICC Certified Senior Building Inspector $160.00 / Hour
ICC Certified Building Inspector III $150.00 / Hour
ICC Certified Building Inspector II (Commercial) $135.00 / Hour ICC Certified Building Inspector I (Residential) $125.00 / Hour ICC Certified Permit Technician $93.00 / Hour
Administrative / Counter Support $93.00 / Hour
Expedited Plan Review 150% of Hourly Rates
PREVAILING WAGE HOURLY RATES**
2023-2024 Prevailing Wage (Daytime Hours) $193.70 / Hour 2023-2024 Prevailing Wage (Evening Hours) $214.70 / Hour

MISCELLANEOUS SERVICES
Reimbursable Expenses At Cost + 10%
Courier/Delivery Expenses No Additional Cost
Mileage Expenses IRS Standard Rate
Plan Review Consultation Trip Fee Staff Hourly Rate + IRS Standard Rate*** WC3 proposes the following rates based on a percentage of the plan review rate collected by the City of Foster City.

A listing of hourly rates additionally depicts rates proposed for all personnel assigned to this project. **
**
**
**

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Teaming with Your Community to Make a Difference | www.WC-3.com 22 Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2025. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Plan Review Services - Plan check services include an initial review, second review and minor third review (if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City.

Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.

Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours notice. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services.

Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC 3 office locations, as well for hourly plan review projects associated with in- house City services. WC3 will automatically coordinate all processes.

Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations (DIR) regulations.

On-Site, In-House or Inspection Services - On site or in-house services (plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services.

Overtime - On-site, in-house or inspection services in excess of forty (40) hours a week (overtime, holiday, weekend work, etc.) will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than eight (8) hours a day, more than forty (40) hours a week, or more than six (6) consecutive days in a week. • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work.
• Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable Expenses - Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.

Courier / Delivery Expenses - Should the need arise, WC 3 will use our established shipping service to pick up documents for courier/delivery to and from our WC 3 office(s) at no additional cost.

Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the Internal Revenue Service’s (IRS) standard mileage rate.

Trip Fee - A trip fee will be applicable to each on-site consultation required for plan review. Trip fee expenses are applicable to the plan reviewer's staff hourly rate plus the Internal Revenue Service's (IRS) standard mileage rate.

Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.

Fee Proposal (Continued)
*
**
***

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Teaming with Your Community to Make a Difference | www.WC-3.com 23 > City of Dublin
Gregory Shreeve
Building Official
100 Civic Plaza
Dublin, CA 94568
[email protected]
(916) 835-6628
Services: 2013 to Present
Building Plan Review,
Staff Augmentation
> City of Cupertino
Sean Hatch, CBO
Chief Building Official
10300 Torre Ave.

Cupertino, CA 95014
[email protected]
(408) 777-3231
Services: 2013 to Present
Building Plan Review,
Electronic Document
Management and Support
Client Contacts
WC3 is dedicated to providing our clients with excellent customer service and has been providing building and fire plan check as well as inspection services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to Foster City, all of whom may be contacted as a reference. > City of South San Francisco
Erik Rietdorf
Chief Building Official
315 Maple Ave.

South San Francisco, CA 94080
[email protected]
(650) 829-6685
Services: 2014 to Present
Building/Fire Plan Review,
Inspections, Staff Augmentation
> City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Rd.

Redwood City, CA 94063
[email protected]
(650) 780-7350
Services: 2011 to Present
Building/Fire Plan Review,
Building/Fire Inspections,
Staff Augmentation
> City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St.

San Carlos, CA 94070
[email protected]
(650) 802-4262
Services: 2014 to Present
Building/Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
> City of East Palo Alto
Amy Chen
Community Development Director
1960 Tate St.

East Palo Alto, CA 94303
[email protected]
(650) 853-3189
Services: 2012 to Present
Building Plan Review, Inspections,
Staff Augmentation
> City of San Bruno
Darcy Axiaq
Chief Building Official
567 El Camino Real
San Bruno, CA 94066
[email protected]
(650) 616-7020
Services: 2014 to Present
On Call Plan Review, Inspections,
Staff Augmentation
References
> City of Emeryville
Chadrick Smalley
Community Development Director
1333 Park Ave.

Emeryville, CA 94608
[email protected]
(510) 596-4355
Services: 2006 to Present
Building Plan Review,
Inspections, Code Enforcement,
Staff Augmentation
> City of Pleasanton
Robert Queirolo, CBO
Chief Building Official
200 Old Bernal Ave.

Pleasanton, CA 94566
[email protected]
(925) 931-5310
Services: 2013 to Present
Building/Fire Plan Review,
Building/Fire Inspection,
Staff Augmentation

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Teaming with Your Community to Make a Difference | www.WC-3.com 24 City Agreement Acknowledgment
Acceptance of City's Agreement / Insurance Coverages
WC3 has reviewed the Request for Proposal (RFP) in it's entirety and accepts all conditions and requirements identified in the RFP . We have also reviewed the template agreement, “Professional Services Agreement for On- Call Consultant Services for the Building Division” (Agreement) as proposed and do not have any exceptions or changes to the actual Agreement.

For purpose of this proposal, WC 3's current Certificate of Liability Insurance (COLI) for the City of Foster City can be viewed on the subsequent page. Over the years, our firm has maintained adequate coverages and limits that have been typical and standard within the industry for Plan Review, Inspections and Staff Augmentation services.

As per the insurance coverages outlined in "Exhibit C - Insurance Forms," WC 3 will actively work with the City to increase these limits and meet the requested coverages as written in the draft Agreement, and as outlined below:

City of Foster City Insurance Requirements: Coverage Not Less Than:

Commercial General Liability Insurance $2,000,000 each occurrence Commercial General Liability Insurance $5,000,000 aggregate Business Automobile Liability Insurance $2,000,000 each occurrence Worker's Compensation Insurance $1,000,000 for bodily injury or disease Professional Liability Insurance $5,000,000 each occurrence Professional Liability Insurance $5,000,000 aggregate Installation Floater Equal to initial contract amount + subsequent change orders Installation Floater Subject to deductible of not more than $10,000 Cyber Liability Insurance $1,000,000

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Teaming with Your Community to Make a Difference | www.WC-3.com 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/18/2024
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Jennifer Aguirre
(510) 465-3090
[email protected]
License#: 6003745 XL Specialty Insurance Company 37885
WESTCOAST5 Sentinel Insurance Company 11000
West Coast Code Consultants, Inc.
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
(925) 275-1700
Trumbull Insurance Company 27120
HARTFORD INSURANCE COMPANY 38288
902638465
B X 2,000,000
X 1,000,000
X Contractual Liab 10,000
2,000,000
4,000,000
X
Y Y 57SBWBO3190 4/28/2024 4/28/2025
4,000,000
C 1,000,000
X
X X
Y Y 57UEGBC6531 4/28/2024 4/28/2025
B X X 4,000,000Y 57SBWBO3190 4/28/2024Y 4/28/2025
4,000,000
X 10,000
D X
Y
Y 57WEGAR9X7K 4/28/2024 4/28/2025
1,000,000
1,000,000
1,000,000
A Professional Liability
Claims Made
Y DPR5027834 4/28/2024 4/28/2025 $2,000,000
$4,000,000
per Claim
Annual Aggregate
For Proposal Purposes Only
30 Day Notice of Cancellation
*For Proposal Purposes*
City Agreement Acknowledgment (Continued)
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404

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Teaming with Your Community to Make a Difference | www.WC-3.com A-1
Giyan Senaratne A-2
Donald Zhao A-3
Zahra Fattah A-4
Curtis Hume A-5
Keith Ma A-6
Lily Rong A-7
Keyvan Irannejad A-8
Eric Schneiderjohn A-9
Noel Mendoza A-10
Souad Maghrbi A-11
Doug Smith A-12
Order of Resumes:

Sekhar Tatapudy A-13
George Williams A-14
Chris Kimball A-15
Craig Hanson A-16
Maurice Kaufman A-17
Joe Rossbach A-18
Reggie Ramos A-19
Alan Wong A-20
Gil Chavez A-21
Marky Phun A-22
Appendix - Resumes

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A-2

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A-3

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A-4

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A-5

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A-6

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A-7

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A-8

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A-9

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A-10

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A-11

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A-12

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A-13

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A-14

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A-15

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A-16

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A-17

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A-18

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A-19

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A-22

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6 8
2 DATE: July 15, 2024

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

FROM: Andrew Brozyna, Public Works Director
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY, INC. IN THE AMOUNT OF $1,989,541.55 FOR THE

CONSTRUCTION OF THE STREET REHABILITATION AND
PARK PATHWAY RESTORATION PROJECT (2023-2024)
CIP301-716; THE EXECUTION OF A TASK ORDER WITH CSG
CONSULTANTS IN THE AMOUNT OF $198,940 FOR

CONSTRUCTION MANAGEMENT, INSPECTION SERVICES,
AND MATERIAL TESTING SERVICES; APPROPRIATION OF
$500,000 FROM FUND 102 (MEASURE A)

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

1. The appropriation of $500,000 from Fund 102 (Measure A) to the existing project budget 301-0910-716-4251; and

2. The Mayor to execute an agreement with G. Bortolotto & Company, Inc. in the amount of $1,989,541.55 for the construction of the Street Rehabilitation and Park Pathway Restoration Project (2023-2024) CIP301-716; and

3. The establishment of a construction contingency for G. Bortolotto & Company, Inc. in the amount of $200,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount; and

5.4 5.4 Staff Report

213

6 8
2 4. The Mayor to execute a Task Order with CSG Consultants in the amount of $198,940 for Construction Management, Inspection Services, and Materials Testing Services for CIP301-716; and

5. The establishment of a construction management contingency for CSG Consultants in the amount of $20,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount.

EXECUTIVE SUMMARY
The scope of work for CIP 301-716 consists of:

Street Rehabilitation & Pavement Maintenance
•Edgewater Boulevard, south of Beach Park Boulevard to Baffin Street (digouts, grind and overlays, and slurry seal)
•Bid Alternate 1: East Third Avenue, east of Foster City Boulevard to Bayside Towers (grind and overlays and slurry seal)
•Bid Alternate 2: East Third Avenue, west of Foster City Boulevard to the City limit (digouts, grind and overlays, and slurry seal)
Additional Roadway Improvements
•Rehabilitation of the pavers and bituminous layer at E. Hillsdale Boulevard and Center Park Lane intersection.
•Yield sign installation at Rectangular Rapid Flashing Beacon (RRFB) crosswalks on Beach Park Blvd, along the levee.

Construction is anticipated to start in August 2024 and is estimated to take four months to complete.

One (1) bid for the construction of the Street Rehabilitation and Park Pathway Restoration Project (2023-2024) CIP 301-716 was received and opened on Wednesday, June 12, 2024. G. Bortolotto & Company, Inc. submitted the sole bid, consisting of the base contract bid plus bids for Alternates 1 and 2 in the amount of $1,989,541.55.

There is inadequate funding to award both alternates; however, based on the reasonable bid prices received within the engineer’s estimate, staff recommends appropriating Measure A funds remaining from previous paving projects to the project budget to allow the award of both alternates.

CSG Consultants (CSG) will provide construction management and inspection services throughout the duration of construction via Task Order CSG2024-01. CSG is an on-call consultant and has extensive experience with street rehabilitation projects and successfully provided similar services on the City’s street rehabilitation project in the previous year (CIP301-703).

5.4 5.4 Staff Report

214

6 8
2 BACKGROUND
At the April 15, 2024, meeting, the City Council adopted City Resolution No. 2024-26 approving the plans and specifications for CIP 301-716 and authorized the call for bids.

No bids were received at the May 9, 2024, bid opening. Staff queried the contractors on the plan holders list to determine the reason for the lack of interest in the project.

Contractors stated that the scope of work for the project was too broad and as a result, reduced their profit margins. Based on the contractor feedback and schedule constraints, staff simplified the project by removing the following scopes of work: (1) park pathway restoration at various parks--this work will be repackaged and bid as a separate project next year; and (2) driveway grading adjustments at Beach Park Elementary School--this work will be completed during a future street rehabilitation project.

The following work will remain as part of the core project: digouts, grind and overlay, and slurry seal work at Edgewater Boulevard, brick paver repair at the E. Hillsdale Boulevard and Center Park Lane intersection, yield sign installation at RRFB (rectangular rapid flashing beacons) crosswalks on Beach Park Boulevard, and Bid Alternates 1 & 2 which consist of slurry seal and grind and overlay on E. Third Ave. as well as striping and signage improvements, adjusting utilities to grade, and the retrofitting of existing non- compliant curb ramps in conformance with ADA requirements.

At the May 20, 2024, meeting, the City Council adopted City Resolution No. 2024-45 approving the reissuance of the revised plans and specifications and authorizing the call for bids. One (1) bid was received and opened on June 12, 2024. The sole bid was submitted by G. Bortolotto & Company, Inc. consisting of the base contract bid plus bids for Alternates 1 and 2, in the amount of $1,989,541.55.

ANALYSIS
The bid results are as follows:

Parentheses indicate negative values.

G. Bortolotto & Company, Inc Difference from Engineer’s Estimate $ $ %
Base Bid $ 1,320,879.80 $ 210,385.80 19%
Alternate 1 $ 218,083.50 $ 4,535.50 2%
Alternate 2 $ 450,578.25 $ (239,216.75) (35%)

Base Bid + Alternate 1 $ 1,538,963.30 $ 214,921.30 16% Base Bid + Alternate 2 $ 1,771,458.05 $ (28,830.95) (2)% Base Bid + Alternate 1 & 2 $ 1,989,541.55 $ (24,295.45) (1)% The bidder G. Bortolotto & Company, Inc. has met all the bid requirements.

There are insufficient funds in the current project budget to award both alternates.

However, because the bid for alternative 2 is significantly below the Engineer’s Estimate

5.4 5.4 Staff Report

215

6 8
2 with a cost savings of $239,216.75, staff recommends appropriating unused Measure A funds from the previous year’s street rehabilitation project to include the work proposed in alternate 2. The appropriation of funds will allow the award of the base bid plus alternates 1 and 2.

After awarding the construction contract and before the start of construction, the contractor shall provide all their necessary paperwork and meet with the City for a preconstruction meeting. Construction is anticipated to start in August 2024 and to be completed by November 2024. The contractor will have 110 calendar days to substantially complete the project from the date specified in the Notice to Proceed. The contractor will coordinate with the district and affected services such as SamTrans, Recology, and the US Postal Service.

Project management will be conducted through City staff and construction management services provided by CSG through Task Order CSG2024-01. CSG is very familiar with this type of construction and has successfully worked with the City on multiple projects in the past, including the Street Rehabilitation and Park Pathway Restoration project in 2022-2023.

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

FISCAL IMPACT
Current funding available for CIP 301-716 consists of Measure A ($1,500,000), City CIP ($300,000), and Development Impact Payments ($678,247) for a current project budget of $2,478,247.
$144,868 has been encumbered for design of the project and $300,000 will be reserved for the park pathway and entrance restoration, to be bid and completed via a separate park pathway restoration project.

Staff recommends appropriating $500,000 from Fund 102 (Measure A) to the project budget to allow the award of alternates 1 and 2. CIP 301-703, Street Rehabilitation Project, has been completed and will be returning unused funds in excess of the requested $500,000 to Fund 102.

5.4 5.4 Staff Report

216

6 8
2 Current Approved Budget $2,478,247.00
Reserved Funds for Future Park Pathway Restoration $ 300,000.00 Current Available Budget $2,178,247.00
Appropriation of Funds from Measure A $ 500,000.00
New Project Budget $2,678,247.00
Current Expenditures
BKF Design Services $ 144,868.00
Contingency (10%) $ 15,000.00
Anticipated Expenditures
Bid submitted by G. Bortolotto & Company, Inc.
(Base Bid plus Alternate 1) $1,989,541.55
Contingency (10%) $ 200,000.00
Miscellaneous (Advertising, Cal West, Plans, etc.) $ 9,500.00 Construction Management Services $ 198,940.00
Contingency (10%) $ 20,000.00
Total Anticipated Expenditures $ 2,577,849.55

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

Attachment 1 – Resolution
Attachment 2 – Construction Agreement
Attachment 3 – G. Bortolotto & Company, Inc. Bid Submittal Attachment 4 – Task Order CSG2024-01

5.4 5.4 Staff Report

217

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY, INC. IN THE AMOUNT OF $1,989,541.55 FOR THE CONSTRUCTION

OF THE STREET REHABILITATION PARK PATHWAY RESTORATION PROJECT (2023-2024) CIP301-716; AND THE EXECUTION OF A TASK ORDER WITH CSG CONSULTANTS IN THE AMOUNT OF $198,940 FOR CONSTRUCTION
MANAGEMENT, INSPECTION SERVICES, AND MATERIAL TESTING SERVICES; APPROPRIATION OF $500,000 FROM FUND 102 (MEASURE A); AND FINDING THE

APPROVAL EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING

FACILITIES

CITY OF FOSTER CITY
WHEREAS, at the meeting on April 15, 2024, the City Council adopted Resolution No. 2024-45 approving the reissuance of plans and specifications and authorizing the Call for Bids for Street Rehabilitation and Park Pathway Restoration Project (2023-2024) CIP301-716; and
WHEREAS, one (1) bid was received and opened on June 12, 2024, and G.

Bortolotto & Company, Inc.’s base bid plus bid alternates 1 and 2 in the amount of $1,989,541.55 was found to be responsible and responsive; and WHEREAS, based on the bid received and the cost compared to the Engineer’s Estimate, Staff recommends awarding the base scope plus alternates 1 and 2; and WHEREAS, a project contingency in the amount of $200,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, inadequate funding is available in the approved project budget to fund the base scope plus alternates 1 and 2; and
WHEREAS, the appropriation of $500,000 from Fund 102 (Measure A) will allow the base scope plus alternates 1 and 2 to be awarded; and WHEREAS, CSG Consultants will support the City during construction to provide construction management, inspection services, and material testing services; and WHEREAS, funding in the amount of $2,478,247.48 was approved for the project budget for CIP301-716.

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

5.4 Attachment 1 - Resolution

218

1. The appropriation of $500,000 from Fund 102 (Measure A) to the existing project budget 301-0910-716-4251; and

4. The Mayor to execute a Task Order with CSG Consultants in the amount of $198,940 for Construction Management, Inspection Services, and Materials Testing Services for CIP301-716; and

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - Resolution

219

Rev. 0
January 2024
Agreement 00 5200 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 15th day of July, 2024, by and between G. Bortolotto & Company, Inc. whose place of business is located at 582 Bragato Road, San Carlos, CA 94070 (Contractor), and CITY OF FOSTER CITY, a political subdivision of the State of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [Insert Number] adopted on the 15th day of July 2024 awarded to Contractor the following Contract:

STREET REHABILITATION AND PARK PATHWAY RESTORATION (2023-2024 At VARIOUS LOCATIONS
PROJECT NUMBER CIP301-716
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

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

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

B. The Contract Sum includes all allowances (if any).
$1,989,541.55
C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

COMMENCEMENT AND COMPLETION OF WORK

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

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

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1.04 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 100 Calendar Days from the Commencement Date.

B. Contractor shall achieve Final Completion of the entire Work within 110 Calendar Days from the Commencement Date.

ARTICLE 2 PROJECT REPRESENTATIVES

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

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

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

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

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

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

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

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

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

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

ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL

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

ARTICLE 5 CONTRACT DOCUMENTS

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

Document 00 5100 Notice of Award
Document 00 5200 Agreement
Document 00 5500 Notice to Proceed
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7301 Supplemental General Conditions
Document 00 7316 Supplemental Conditions – Insurance and Indemnification
Document 00 7320 COVID Requirements
Document 00 7324 In-Use Off-Road Diesel-Fueled Fleets Regulation Document 00 7380 Apprenticeship Program and Skilled and Trained Workforce Requirements
Document 00 9113 Addenda

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

ARTICLE 6 MISCELLANEOUS

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

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

6.03Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

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

6.05Copies 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 Owner’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every

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Agreement 00 5200 - 4 Foster City Street Rehabilitation Project contractor will be required to secure the payment of compensation to Contractor’s employees.

Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.06This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Foster City, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Mateo, California.

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

CITY OF FOSTER CITY:

By: ______________________________
Mayor
CONTRACTOR:

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

By: ______________________________
City Clerk
By: ______________________________
(Signature)
Its: _______________________________
Title (If Corporation: Chairman, President
or Vice President)
APPROVED AS TO CONTENT:

By: ____________________________
[_______________]
1099 INFORMATION:

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

By: ____________________________
City Attorney
[CITY TO CONFIRM PROPER SIGNATORIES]
APPROVED AS TO ADMINISTRATION:

By: ____________________________
City Manager

END OF DOCUMENT

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Notice to Proceed 00 5500 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 5500

NOTICE TO PROCEED
Dated: ______________________, 2024
To:
(Contractor)
Address:

CONTRACT FOR: STREET REHABILITATION AND PARK PATHWAY RESTORATION (2023- 2024) PROJECT AT VARIOUS LOCATIONS
You are notified that the Contract Time under the above Contract will commence to run on _____________________________________ [20__]. On that date, you are to start performing your obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 2 of Document 00 5200 (Agreement), the dates of Substantial Completion and Final Completion for the entire Work are _____________________________,[20__] and _________________________________, [20__], respectively.

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

1. Submit certified Safety Program and related information

2. Submit copies of applicable permits

3.[Other]
OWNER: CITY OF FOSTER CITY
By: _______________________________________________
Its: _______________________________________________

END OF DOCUMENT

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Construction Performance Bond 00 6113.13 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 6113.13

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

CONTRACTOR: SURETY:

G. Bortolotto & Company, Inc. [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Agreement for the City of Foster City, Foster City Street Rehabilitation Project, located at various Foster City streets, dated July 15, 2024, in the amount of $1,989,541.55.

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

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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Construction Performance Bond 00 6113.13 - 3 Foster City Street Rehabilitation Project Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 7 below.

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

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

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

6.2Contractor’s obligations to pay liquidated damages; and

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

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

8.If Surety elects to act under Paragraphs 4.1, 4.2 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

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

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

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

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Construction Performance Bond 00 6113.13 - 4 Foster City Street Rehabilitation Project to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

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

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

14. Definitions

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

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

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

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

END OF DOCUMENT

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Construction Labor and Material 00 6113.16 - 1 Foster City Street Rehabilitation Project Payment Bond
DOCUMENT 00 6113.16

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

1.01THAT WHEREAS, CITY OF FOSTER CITY (Owner) has awarded to G.Bortolotto & Company, Inc. as Principal, Contract Number
CIP716 dated the 15th day of July , 2024_ (the Contract), titled the Foster City Street Rehabilitation and Park Pathway Restoration Project in the amount of $$1,989,541.55, which Contract is by this reference made a part hereof, for the work of the following Contract:

Project Number CIP301-716 to construct STREET REHABILITATION AND PARK PATHWAY RESTORATION (2023-2024) located at various locations.

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

1.03NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

1.07Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

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

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

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

END OF DOCUMENT

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Escrow Agreement for Security 00 6290 - 1 Foster City Street Rehabilitation Project Deposits in Lieu of Retention
DOCUMENT 00 6290

ESCROW AGREEMENT FOR SECURITY DEPOSIT IN LIEU OF RETENTION Public Contract Code Section 22300
THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into this 15h day of July, 2024, by and between City of Foster City (“Owner”), whose address is 610 Foster City Boulevard, Foster City, California 94404, G.Bortolotto & Company, Inc. (“Contractor”), whose principal place of business is located at 582 Bragato Road, San Carlos, CA 94070, and Owner, as escrow agent [OR] [Name of Bank], a state or federally chartered bank in the State of California, whose place of business is located at [Address] (“Escrow Agent”).

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

1. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to Contract Number CIP716 entered into between Owner and Contractor for the Street Rehabilitation and Park Pathway Restoration Project in the amount of $1,989,541.55 dated July 15, 2024 (the “Contract”). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Owner within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.

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

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

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

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

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

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

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

9. Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Document 00 6290 and Owner and Contractor shall hold Escrow

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Escrow Agreement for Security 00 6290 - 2 Foster City Street Rehabilitation Project Deposits in Lieu of Retention
Agent harmless from Escrow Agent’s release and disbursement of securities and interest as set forth.

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

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

OWNER: CONTRACTOR
CITY OF FOSTER CITY _____________________________________ ________________________________ _____________________________________ Title Title
________________________________ _____________________________________ Name Name
________________________________ _____________________________________ Signature Signature

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Escrow Agreement for Security 00 6290 - 3 Foster City Street Rehabilitation Project Deposits in Lieu of Retention
ATTEST
_____________________________________
Signature
_____________________________________
Print Name
Secretary

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

END OF DOCUMENT

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Substitution Request Form 00 6325 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 6325

SUBSTITUTION REQUEST FORM
To:CITY OF FOSTER CITY, Owner
PROJECT: CITY OF FOSTER CITY, STREET

REHABILITATION AND PARK PATHWAY
RESTORATION (2023-2024)
Owner Project No: CIP301-716
Contractor:

Substitution
Request By:

Firm:

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

Date
Due:

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

Section / Drawing Article Specified Item
Proposed Substitution:

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

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Substitution Request Form 00 6325 - 2 Foster City Street Rehabilitation Project Contractor to complete questions that follow and certify to the accuracy of all answers:

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

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

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

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

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

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

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Substitution Request Form 00 6325 - 3 Foster City Street Rehabilitation Project H. Contractor accepts full responsibility for delays caused by redesign of other items of the Work necessitated by substitution? Yes __ / No __. If No, please state reasons and explain why substitution is equivalent to originally specified item:

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

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

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

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

END OF DOCUMENT

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Agreement and Release of All Claims 00 6530 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 6530

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

RECITALS
A. Owner and Contractor entered into Contract (the “Contract”) of STREET REHABILITATION AND PARK PATHWAY RESTORATION (2023-2024), located at VARIOUS LOCATIONS.

B. The Work under the Contract has been completed.

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

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

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

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

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

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

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Agreement and Release of All Claims 00 6530 - 2 Foster City Street Rehabilitation Project [Insert information in Chart below, affix attachment if necessary] CLAIM NO. DATE

SUBMITTED

DESCRIPTION OF CLAIM AMOUNT OF
CLAIM

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

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

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

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

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

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

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

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

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

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

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Agreement and Release of All Claims 00 6530 - 3 Foster City Street Rehabilitation Project

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

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

END OF DOCUMENT

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Guaranty 00 6536 - 1 Foster City Street Rehabilitation Project DOCUMENT 00 6536

GUARANTY
TO: The CITY OF FOSTER CITY (Owner), for construction of STREET REHABILITATION AND PARK PATHWAY RESTORATION (2023-2024), located at VARIOUS LOCATIONS The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.

1.01Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

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

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

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

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

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

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Guaranty 00 6536 - 2 Foster City Street Rehabilitation Project Date: _______________________________, 20___
Contractor's Name
By:

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

END OF DOCUMENT

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General Conditions 00 7200 - i Foster City Street Rehabilitation Project DOCUMENT 00 7200

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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General Conditions 00 7200 - ii Foster City Street Rehabilitation Project ARTICLE 8 - CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK ................................7

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.03 Administration During/After Claim Submission .................................................................18

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

12.05 Mediation ..........................................................................................................................18 ARTICLE 13 - UNDERGROUND CONDITIONS ........................................................................................19

13.01 Contractor to Locate Underground Facilities ....................................................................19

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

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General Conditions 00 7200 - iii Foster City Street Rehabilitation Project

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

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

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

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

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

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

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

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

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

14.08 Remedies and Contract Integration ..................................................................................25

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

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

14.11 Substitution for Patented and Specified Articles ...............................................................26

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

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

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

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

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

15.03 Responsibility For Safety and Health................................................................................28

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

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

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

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

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

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

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General Conditions 00 7200 - 1 Foster City Street Rehabilitation Project

GENERAL CONDITIONS
ARTICLE 1 INTERPRETATION OF CONTRACT DOCUMENTS

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

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

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

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

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

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

4. General Conditions (Document 00 7200);

5. Division 01 General Requirements, if included;

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

7. Written words over figures, unless obviously incorrect;

8. Figured dimensions over scaled dimensions;

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

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

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

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

ARTICLE 2 PRE-BID INVESTIGATIONS

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

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

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

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General Conditions 00 7200 - 2 Foster City Street Rehabilitation Project conflicts, errors, ambiguities, or discrepancies of any type, that it discovered in or among the Contract Documents and the Existing Conditions Data, and (ii.) subject to Owner’s approval, conduct any such additional or supplementary examinations, investigations, explorations, tests, studies and data compilations, concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which Contractor may deem necessary in order to perform and furnish the Work in accordance with the terms and conditions of Contract Documents.

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

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

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

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

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

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

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

ARTICLE 3 SUBCONTRACTORS

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

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

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

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

ARTICLE 4 DRAWINGS AND SPECIFICATIONS

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

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

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

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

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General Conditions 00 7200 - 4 Foster City Street Rehabilitation Project error, ambiguity or discrepancy that Contractor may discover. Contractor shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby.

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

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

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

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

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

ARTICLE 5 COMMENCEMENT OF THE WORK

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

1. Schedule of Values;

2. Progress Schedule, and

3. Schedule of Submittals.

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

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General Conditions 00 7200 - 5 Foster City Street Rehabilitation Project C. Owner’s acceptance of Contractor’s schedules will not create any duty of care or impose on Owner any responsibility for the sequencing, scheduling or progress of Work, nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefore.

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

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

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

ARTICLE 6 CONTRACTOR’S ORGANIZATION AND EQUIPMENT

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

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

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

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

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

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General Conditions 00 7200 - 6 Foster City Street Rehabilitation Project

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

ARTICLE 7 OWNER’S ADMINISTRATION OF WORK

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

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

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

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

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

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

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

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

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

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General Conditions 00 7200 - 7 Foster City Street Rehabilitation Project

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

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

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

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

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

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

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

ARTICLE 8 CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK

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

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

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

5.4 Attachment 2 - Construction Agreement

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General Conditions 00 7200 - 8 Foster City Street Rehabilitation Project D. Contractor is fully responsible for Contractor’s own acts and omissions. Contractor is responsible for all acts and omissions of its Subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract with Contractor.

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

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

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

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

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

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

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

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

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

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

5.4 Attachment 2 - Construction Agreement

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General Conditions 00 7200 - 9 Foster City Street Rehabilitation Project amount of such payments and charge them to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of Owner from claims of others.

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

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

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

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

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

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

ARTICLE 9 WARRANTY, GUARANTY, AND INSPECTION OF WORK

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

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

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General Conditions 00 7200 - 10 Foster City Street Rehabilitation Project incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship.

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

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

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

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

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

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

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

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

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

5.4 Attachment 2 - Construction Agreement

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General Conditions 00 7200 - 11 Foster City Street Rehabilitation Project C. Contractor shall give Owner timely notice of readiness of Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

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

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

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

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

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

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

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

Foster City City CouncilJuly 15, 2024

Foster City City Council
July 15, 2024