Agenda packet — Foster City City Council, August 19, 2024 (part 1 of 4)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITYORG.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 nonagenda 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:
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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, August 19, 2024 6:30 PM
1 teeetgbyeatopubccoet@ostectyogadbeadepatotetteecodbutotbe read verbally at the meeting. Written public comments submitted by email should adhere to the following:

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

AGENDA
Monday, August 19, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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 August 5, 2024

5.2. An Ordinance of the City of Foster City Amending Section 17.06.180 Within Chapter 17.06, “Administration, Construction and Enforcement,” and Section 2 yy
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.

5.1. City/EMID Regular Meeting Minutes of August 5, 2024

5.2. An Ordinance of the City of Foster City Amending Section 17.06.180 Within Chapter 17.06, “Administration, Construction and Enforcement,” and Section

5.3. An Ordinance of the City of Foster City Amending Various Sections Within Chapter 17.78 “Accessory Dwelling Units,” of Title 17 of the Foster City Municipal Code to Ensure Compliance with Changes in State Law Related to Accessory Dwelling Units and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240006 (First Reading on August 5, 2024) a) Adopt Ordinance

5.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Third Amendment and Assignment of the Agreement from Renne Public Law Group, LLP (“RPLG”) Doing Business as Renee Public Policy Group (“RPPG”) to the California Public Policy Group (“CPPG”) for Continued State Legislative Advocacy Services and Optional Grant Writing Services
a) Staff Report
b) Adopt Resolution

5.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals (RFP) for Rental Registry Software and Professional Services to Administer the Rental Registry Program and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3)
a) Staff Report
b) Adopt Resolution

5.6. A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $75,000 From Fund 001 to Account No. 0010920431 4246 and Authorizing the Sole Source Purchase of Repair Parts for the Lagoon Pumps from Cummins Inc. and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction) and 15269(B)
a) Staff Report
b) Adopt Resolution

5.7. A Resolution of the City Council of the City of Foster City Authorizing the 3 )p

5.7. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for Citywide Heating, Ventilation and Air Conditioning (HVAC) System Programmed Maintenance and System Repair from January 1, 2025 to December 31, 2027, with the Option to Extend Through December 31, 2029
a) Staff Report
b) Adopt Resolution

5.8. a) A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, Effective September 9, 2024; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, Effective September 9, 2024
c) Staff Report
d) Adopt Resolutions

5.9. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute an Agreement with Bay City Electric Works for the Purchase of Three Emergency Generator Systems and Two Automatic Transfer Switches in the Amount of $1,587,158 for CIP 455 705 Emergency Generator Replacements Project and Finding the Project is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction) a) Staff Report
b) Adopt Resolution

5.10. 2024 Legislative Update
a) Staff Report
b) By Minute Order, Receive and Accept Report

5.11. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 2 – April Through June 2024
a) Staff Report
b) By Minute Order, Receive and Accept Report

6. NEW BUSINESS

6.1. Consideration of Appointments of Three Resident Members, Two Youth Members, and One Small Business Member to the Citizens Sustainability Advisory Committee
Resident applicants: Kenneth Huo, Nilofer Motiwala, and Shuning Yan 4 5.11. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 2 – April Through June 2024
a) Staff Report
b) By Minute Order, Receive and Accept Report

6. NEW BUSINESS

6.1. Consideration of Appointments of Three Resident Members, Two Youth Members, and One Small Business Member to the Citizens Sustainability Advisory Committee
Resident applicants: Kenneth Huo, Nilofer Motiwala, and Shuning Yan Youth Applicants: Siddharth Gogi, Nyssa Mitra, and Ashita Pant Small Business Applicant: Shilpi Goel and Pooja Malik
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order

6.2. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2024 Annual Conference
a) Staff Report
b) Action By Minute Order, Appoint Voting Delegate and Alternate

6.3. Consideration of Applications for Nonprofit Agency Funding for Fiscal Year 20242025
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

6.4. Discussion of California Voting Rights Act Challenge and Demand for City to Transition to DistrictBased Elections; and Provide Direction to Staff Regarding Next Steps, Including the Retention of a Demographer a) Staff Report
b) Action By Minute Order, Provide Policy Direction

7. REPORTS

7.1. Housing Element 202331 Implementation Roadmap
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

7.2. Parks Master Plan Public Participation Strategy Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Supplemental Appropriation of the FY 202425 Budgets for the Carryover of Unspent Budgeted FY 202324 Expenditures for Various Programs, Projects, and Activities to Be Completed in FY 202425 a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal Year 202324 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202425 Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal ImprovementDistrictApprovingtheCarryoverofVariousUnspentFiscalYear 5 8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Supplemental Appropriation of the FY 202425 Budgets for the Carryover of Unspent Budgeted FY 202324 Expenditures for Various Programs, Projects, and Activities to Be Completed in FY 202425 a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal Year 202324 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202425 Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal Year 202324 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202425 Budget

9. COMMUNICATIONS

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

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

11. CLOSED SESSION

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

11.2. Conference With Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case)

11.3. Report Out from Closed Session

12. 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.
6 The public is invited to attend.

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
7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 5, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 5, 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.

Councilmember/Director Froomin teleconferenced from 1925 Belspring Court, Virginia Beach, VA 23464.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart; Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Tracy Avelar, Police Chief; Laura Galli, Engineering Manager; Monica Ly, Planning Manager; Rob Lasky, IT Manager; Yelena Capello, Management Analyst; James Atkins, Senior Planner; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
The following people addressed the City Council in person:

1. Stephanie Settle regarding the nonprofit LifeMoves;

2. Elyse Brummer regarding the nonprofit Ombudsman Services;

3. Ilona Gabor regarding security around local businesses;

4. Karen Epstein regarding the Recreation Center Rebuild Project;

5.1 5.1 Minutes
8 5. Bethany Berkowitz regarding the nonprofit Mission Hospice and Home Care; and

6. Steve Okamoto regarding the internship program with the San Mateo Asian Pacific Islander Caucus.

CONSENT CALENDAR
Motion by Mayor/President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of July 15, 2024;

2. City Resolution No. 2024-74, “A Resolution of the City Council of the City of Foster City Authorizing (1) Task Order No. HBG-2024-02 to the Master Environmental Services Agreement with Huffman Broadway Group, Inc., in the Amount Not-toExceed $111,300 for Post-Construction Professional Services for Regulatory Agency Required Mitigation Monitoring and Compliance Reporting for the Levee Protection Planning and Improvements Project (CIP 327-657); and (2) A Project Contingency in the Amount of $12,000 with Authority Given to the City Manager to Execute Task Order Amendments Up to the Contingency Amount, if Necessary; (CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012));”

3. City Resolution No. 2024-75, “A Resolution of the City Council of the City of Foster City Approving Task Order CSG-2024-02 with CSG Consultants, Inc. for On-Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $100,000 for City Projects and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(B)(3));”

4. EMID Resolution No. 3768, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order CSG-2024-02 with CSG Consultants, Inc. for On-Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $100,000 for City Projects and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(B)(3));”

5. City Resolution No. 2024-76, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Nineteen (19) Master Agreements with Selected Eighteen (18) Consultants for Professional On-Call Construction Management, Architectural Engineering, Landscape Architecture, Geotechnical Engineering, Corrosion/Cathodic Protection Engineering, and Cost Estimation Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3);”

6. EMID Resolution No. 3769, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute Nineteen (19) Master Agreements with Selected Eighteen (18) Consultants for Professional On5.1

5.1 Minutes
9 Call Construction Management, Architectural Engineering, Landscape Architecture, Geotechnical Engineering, Corrosion/Cathodic Protection Engineering, and Cost Estimation Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3);”

7. City Resolution No. 2024-77, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 2024-2025, Effective July 1, 2024;” and

8. EMID Resolution No. 3770, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 2024-2025, Effective July 1, 2024.”

ITEM REMOVED FROM THE CONSENT CALENDAR

AGREEMENT WITH MEGA LED TECHNOLOGIES FOR THE REPLACEMENT AND INSTALLATION OF TWO (2) ELECTRONIC MARQUEE DISPLAY BOARDS AT THE

CORNER OF SHELL AND EAST HILLSDALE BOULEVARDS AND OTHER RELATED

SOFTWARE AND CELLULAR SERVICE IN AN AMOUNT NOT TO EXCEED $74,845.40. CITY RESOLUTION NO. 2024-78.

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

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-78, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Mega Led Technologies for the Replacement and Installation of Two (2) Electronic Marquee Display Boards at the Corner of Shell and East Hillsdale Boulevards and Other Related Software and Cellular Service in an Amount Not To Exceed $74,845.40, Establish a Contingency in the Amount of $7,485, Authorizing a Total Appropriation of $82,331 From the Equipment Replacement Fund to the Account Number 502-0110-413-4385 for Fiscal Year 2024-2025; and Finding the Approval of the Agreement Categorically Exempt from Review Under the California Environmental Quality Act (CEQA) Guidelines Section 15301.”

PUBLIC HEARINGS
FISCAL YEAR 2024-2025 APPROPRIATIONS LIMIT OF THE CITY/DISTRICT. CITY RESOLUTION NO. 2024-79. EMID RESOLUTION NO. 3771.

Assistant Finance Director Hassan presented the staff report.

5.1 5.1 Minutes
10 Mayor/President Sullivan opened a public hearing to hear and consider public comments regarding the Fiscal Year 2024-2025 Appropriations Limit of the City/District.

No public testimony was received.

Without objection from the City Council/Board, Mayor/President Sullivan closed the public hearing.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-79 and EMID Resolution No. 3771, “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2024-2025 Appropriations Limit Pursuant to Article XIIB of the California Constitution.”

ADOPTION OF THE GREEN AND LIVABLE ACCESIBLE DWELLING UNIT

RESOURCE (GLADUR) PRE-REVIEWED DESIGNS FOR DETACHED ACCESSORY DWELLING UNITS (ADUs) PREPARED BY THE HOUSING ENDOWMENT AND

REGIONAL TRUST OF SAN MATEO COURT (HEART) FOR THE IMPLEMENTATION OF THE HOUSING ELEMENT PROGRAM H-D-4-C, “PREAPPROVED ADU/JADU DESIGNS AND EXPEDITED REVIEW,” (“PROGRAM”) AND FIND THE PREREVIEWED DESIGNS WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE. CITY RESOLUTION NO. 2024-80.

AMENDMENTS TO THE FOSTER CITY MUNICIPAL CODE, TITLE 17 – ZONING, CHAPTER 17.06, ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT, AND CHAPTER 17.78 ACCESSORY DWELLING UNITS. CITY RESOLUTON NO. 2024-81.

Community Development Director Mangalam presented the combined staff report for the two agenda items regarding Permit Extensions and Accessory Dwelling Units.

Mayor Sullivan opened a public hearing to hear and consider public comments regarding Adoption of the Green and Livable Accessible Dwelling Unit Resource (GLADUR) Prereviewed Designs for Detached Accessory Dwelling Units (ADUs) Prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) for the Implementation of the Housing Element Program H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” (“Program”) and Find the Pre-reviewed Designs within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update.

Evan Adams addressed the City Council via email.

Without objection from the City Council, Mayor Sullivan closed the public hearing.

5.1 5.1 Minutes
11 Discussion ensued.

Motion by Councilmember Hindi seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-80, “ A Resolution of the City Council of the City of Foster City Adopting the Green and Livable Accessible Dwelling Unit Resource (GLADUR) Pre-Reviewed Designs for Detached Accessory Dwelling Units (ADUs) Prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) for the Implementation of Housing Element Program H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” and Find the Pre-Reviewed Designs Within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update.” Mayor Sullivan opened a public hearing to hear and consider public comments regarding Proposed Amendments to the Foster City Municipal Code, Title 17 – Zoning, Chapter

17.06, Administration, Construction and Enforcement, and Chapter 17.78 Accessory Dwelling Units.

Evan Adams addressed the City Council via email.

Without objection from the City Council, Mayor Sullivan closed the public hearing.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, to introduce ordinance by title and waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Section 17.06.180 Within Chapter 17.06, “Administration, Construction and Enforcement,” and Section

17.36.110 Within Chapter 17.36, “PD Planned Development Combining District,” of Title 17, “Zoning” of the Foster City Municipal Code to Allow Extensions to Planning Entitlements and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-0006” Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, to introduce ordinance by title and waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Various Sections Within Chapter 17.78 “Accessory Dwelling Units,” of Title 17 of the Foster City Municipal Code to Ensure Compliance with Changes in State Law Related to Accessory Dwelling Units and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-000.”
Motion by Councilmember Hindi, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-81, “A Resolution of the City Council of the City of Foster City Adopting Pre-Approval Design Program for

5.1 5.1 Minutes
12 Accessory Dwelling Units (ADUs) and Finding the Approval of the Program Exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15601(B)(3).” AMENDMENTS TO WATER NEUTRALITY GROWTH ORDINANCE. EMID
ORDINANCE NO. 139.

Public Works Director Brozyna presented the staff report.

President Sullivan opened a public hearing to hear and consider public comments regarding Amendments to Water Neutrality Growth Ordinance.

No public testimony was received.

Without objection from the Board of Directors, President Sullivan closed the public hearing.

Discussion ensued.

Motion by Director Hindi, seconded by Director Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting EMID Ordinance No. 139, “An Ordinance of the Estero Municipal Improvement District Board of Directors Amending Chapter 8.90, Water Neutrality Growth, Within Title 8, Water and Sewer Service, of the Estero Municipal Improvement District Code and Finding the Approval of the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guideline Section 15307.”

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

City/District Warrants of Demands were Processed and Issued on June 27, 2024, July 5, 2024, and July 16, 2024, and ACH were processed on July 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reported that there will be a City Council Special Meeting on August 14 to discuss the City budget.

Councilmember/Director Kiesel reported that he attended the Planning Commission meeting on August 1.

Councilmember/Director Froomin reported that Rethink Waste is in the process of working on a 10-year Strategic Plan and the development of their new Administrative Offices in San Carlos is nearing completion with an expected opening in September. He reminded the public about the National Night Out event at Leo J. Ryan Park on August 6.

5.1 5.1 Minutes
13 He thanked IT Manager Lasky for managing the recordings and broadcasts of the Council meetings.

Councilmember/Director Hindi reported that he attended the Bay Area Water Supply & Conservation Agency (BAWSCA) Board meeting on July 18 where they received a report from the San Francisco Public Utilities Commission (SFPUC) and a presentation on an alternative water supply plan.

Vice Mayor/Vice President Jimenez thanked Management Analyst Ortiz for his work organizing the Council of Cities meeting on July 26. She also thanked Zoox for their attendance at the meeting. On August 4, she attended a Backpack Drive organized by Samaritan House and the Disaster Preparedness Day event hosted by San Mateo County. She reminded the public that school resumes next week and requested parents to educate their children on road safety if they bike to school. She requested to agendize a consideration to enact a process for the Mayor’s vote on future appointments for local committees and boards and received support from Councilmember/Director Froomin and Councilmember/Director Kiesel.

Mayor/President Sullivan thanked Vice Mayor/Vice President Jimenez for her assistance with the Council of Cities meeting on July 26. He commended her for running for a position on the Board of Directors of the San Mateo Transportation Authority (SMTA) to represent Cities-at-Large of San Mateo County. He requested to agendize a discussion regarding San Mateo County’s proposal of placing an Article 34 ballot measure for the November 5, 2024 general election and he received support from Councilmember/Director Hindi and Councilmember/Director Froomin.

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

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

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); and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:16 p.m. and reconvened at 9:47 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:47 p.m.

5.1 5.1 Minutes
14 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 17.06.180 WITHIN CHAPTER 17.06, “ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT,” AND SECTION 17.36.110 WITHIN CHAPTER 17.36, “PD PLANNED DEVELOPMENT COMBINING DISTRICT,” OF TITLE 17, “ZONING” OF THE FOSTER

CITY MUNICIPAL CODE TO ALLOW EXTENSIONS TO PLANNING ENTITLEMENTS

AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006

CITY OF FOSTER CITY
WHEREAS, Chapter 17.06 Administration, Construction and Enforcement governs, among other things, the issuance, expiration and extension of Use Permits; and
WHEREAS, section 17.06.180 of Foster City Municipal Code currently states in relevant part, “…No extensions of use permit, variances, or architectural reviews shall be considered or granted, except that use permits and variances issued in conjunction with a tentative subdivision map for a planned unit development would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later.”; and WHEREAS, section 17.36.110 Development schedule and extensions of Foster City Municipal Code currently states in relevant part, “…Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year.”; and
WHEREAS, time extensions for discretionary approved entitlements provide a mechanism for applicants to reasonably extend the expiration of planning entitlements; and
WHEREAS, the City desires to amend section 17.06.180 within Chapter 17.06 Administration, Construction and Enforcement to include a provision allowing for extensions to discretionary approved entitlements that are not being processed in conjunction with subdivision maps subject to the California Subdivision Map Act and Title 16 for extensions; and
WHEREAS, the City desires to amend section 17.36.110 within Chapter 17.36 PD Planned Development Combining District to refer to section 17.06.180; and WHEREAS, on July 3, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the amendments to section 17.06.180 within Chapter 17.06 Administration,

5.2 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17 15 Construction and Enforcement of the Foster City Municipal Code and section 17.36.110 within Chapter 17.36 PD Planned Development Combining District, and after conducting the public hearing, adopted Resolution No. 15-24 with the Planning Commission recommending City Council approval of the amendments to Title 17; and WHEREAS, on July 24, 2024, a public hearing notice was published posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing on August 5th, 2024.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

2. The ordinance making text amendments to Title 17 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because these revisions only make administrative changes to the administration of Use Permits and it can be seen with certainty that there is no possibility that these administrative changes may have a significant effect on the environment.

3. The proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies, or programs of the General Plan.

4. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City.

Section 2. Amendment. Section 17.06.180 within Chapter 17.06 “Administration, Construction and Enforcement” of Title 17, “Zoning” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:

Amendments to Chapter 17.06

ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT
Sections:

17.06.010 Scope.

17.06.020 Exclusionary zoning.

17.06.030 Planning director.

17.06.040 Enforcement officer.

17.06.045 Applications—Completeness.

5.2 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17 16 17.06.047 Applications—Deemed withdrawn after six months.

17.06.050 Use permit—Regulations generally.

17.06.060 Use permit—Application.

17.06.070 Use permit—Grant or denial.

17.06.080 Variance—Regulations generally.

17.06.090 Variance—Limitations.

17.06.100 Variance—Application.

17.06.110 Variance—Grant.

17.06.120 Hearing—Required.

17.06.130 Hearing—Notice.

17.06.140 Appeal period—Issuance.

17.06.150 Appeal procedures.

17.06.155 Reconsideration within one year.

17.06.160 Violation—Infraction.

17.06.170 Violation—Nuisance declaration—Abatement.

17.06.175 Violation—Penalty fees.

17.06.180 Expiration and Extensions.

17.06.190 Revocation—Generally.

17.06.200 Revocation—Procedure.

17.06.180 Expiration and Extensions.

A. Expiration.

1. Except as otherwise provided herein, any use permit, variance, or architectural review approval granted in accordance with the terms of this title shall, without further action, become null and void if not used within two years from the date of approval thereof, or within any shorter or longer period of time specifically stated in the conditions of approval. However, within one year of the date on which the use permit, variance, or architectural review approval was originally granted and prior to the improvement or structure being constructed, the decision making body may review all conditions of approval attached to the original approval and, if it so determines, attach new conditions of approval which may be necessary due to receipt by the city of new information or changed circumstances affecting the property and/or project.

Use permits, variances, or architectural reviews issued in conjunction with a tentative subdivision map would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Extensions of subdivision maps shall be considered in accordance with Title 16 of the Foster City Municipal Code.

5.2 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17 17 B. Extensions.

1. Applications for extensions of time of any use permit, variance, architectural review, or other entitlement not issued in conjunction with tentative subdivision map may be filed prior to the expiration date of the use permit, variance, architectural review, or other entitlement and shall be processed in the following manner:
a. If the extension request(s) involves no changes to the original project approvals or conditions of the use permit, variance, architectural review or other entitlement, a maximum of two (2) one-year extensions may be granted for projects or entitlements described in this chapter upon written request and payment of the required fee.
b. Review and approval or denial of the extension of time shall be conducted by the Planning Director based on the findings in section 17.06.180(B)(2). c. If the extension request(s) include changes to the project that affect its design or use or would result in changes to the original conditions of approval of the use permit, variance, architectural review, or other entitlement then those requests shall be reviewed and approved or denied by the Planning Commission.

2. Findings required. The decision-making body shall grant an extension if it finds that:
a. The approved project is still consistent with the City’s General Plan and Zoning Ordinance; and,
b. The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts.

3. In granting an extension pursuant to this subsection, the decision-making body may modify or add new conditions of approval as deemed necessary to address potential impacts as a result of the extension.”
Section 3. Amendment. Section 17.36.110 within Chapter 17.36 “” of Title 17, “Zoning” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“17.36.110 Development schedule and extensions.

An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted in accordance with Section 17.06.180 Expiration and Extensions.” Section 4. Severability. If any section, subsection, sentence, clause or phrase of this

5.2 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17 18 Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 6. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 5th day of August, 2024, and passed and adopted on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17 19 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING VARIOUS SECTIONS WITHIN CHAPTER 17.78 “ACCESSORY DWELLING UNITS,” OF TITLE 17 OF THE

FOSTER CITY MUNICIPAL CODE TO ENSURE COMPLIANCE WITH CHANGES IN

STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND FINDING THE

AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006

CITY OF FOSTER CITY
WHEREAS, the California State Legislature continues to pass new laws aimed at easing California’s housing crisis by continuing to limit local government discretion over housing development projects and are intended increase the housing supply and several state laws were passed pertaining to ADUs; and
WHEREAS, Assembly Bill (AB) 1332 requires local agencies to develop a program for the preapproval of ADU plans by January 1, 2025; and WHEREAS, AB 1332 requires local agencies to approve or disapprove an application for a detached ADU within 30 days from the date the local agency receives a completed application if the application complies with Government Code Section 65852.27(b); and
WHEREAS, Senate Bill (SB) 477 moved Government Code Sections 65852.150, 65852.2, 65852.22, 65852.23, and 65852.26 relating to ADUs into a single chapter (Chapter 13, commencing with Section 66310) within Division 1 of Title 7 of the Government Code; and
WHEREAS, SB 477 also makes non-substantive changes and reorganizes various provisions relating to the creation and regulation of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the city desires to amend Sections 17.78.060, 17.17.090, and

17.78.100 within Chapter 17.78 to comply with state law; and WHEREAS, on July 3, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the amendments to Chapter 17.78, and after conducting the public hearing, adopted Resolution No. P-16-24 with the Planning Commission recommending City Council approval of the amendments to Chapter 17.78; and

5.3 Attachment 2 - Ordinance for Chapter 17
20 WHEREAS, on July 24th, 2024, a public hearing notice was published posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing on August 5th, 2024.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

2. The ordinance making text amendments to Title 17 would be exempt under the “common sense” exception (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

3. The amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies, or programs of the General Plan; and

4. The amendments are necessary to implement the goals and policies of the General Plan through implementation of the Housing Element; and

5. The amendments will not be detrimental to the public interest, convenience, and general welfare of the City.

Section 2. Amendment. Sections 17.78.060, 17.78.090, and 17.78.100 within Chapter 17.78 “Accessory Dwelling Units” of Title 17, “Zoning” of the Foster City Municipal Code are hereby repealed and replaced in their entirety to read as follows:
“17.78.060 Standards applicable to single-family residence zoning districts.

The following shall apply to single-family lots in R-1, R-2 and R-1/PD zoning districts:

A. Number of Units. A single-family lot with a primary dwelling unit may have:

1. Option 1. One JADU (up to 500 SF); or

2. Option 2. One ADU (conversion, attached, or detached); or

3. Option 3
a. One (1) JADU (up to 500 SF); and,

5.3 Attachment 2 - Ordinance for Chapter 17
21 b. One (1) conversion ADU; and,
c. One (1) newly constructed ADU (up to 800 SF).

4. Option 4
a. One (1) JADU (up to 500 SF); and,
b. One (1) newly constructed ADU over 800 square feet

5. Option 5
a. One (1) JADU (up to 500 SF); and
b. One (1) conversion ADU.

B. Junior Accessory Dwelling Units.

1. The number of JADUs shall be limited to one (1) unit per residential lot zoned for single-family residences that includes a proposed or existing singlefamily residence.

2. The property owner must reside in either the remaining portion of the primary dwelling unit or the JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. The owner must record a deed restriction as outlined in Government Code Section 66333, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

4. A JADU shall be constructed within the walls of the proposed or existing single-family residence, including attached garages.

5. JADUs shall include a separate entrance from the main entrance to the proposed or existing single-family residence. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

5.3 Attachment 2 - Ordinance for Chapter 17
22 6. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

C. Attached ADUs. One attached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of an attached ADU shall be not more than one thousand two hundred (1,200) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Attached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ft.) square foot ADU is otherwise infeasible.

3. Setbacks. The side and rear setbacks shall be no less than four (4) feet.

4. Height.
a. An attached ADU shall not exceed twenty-five (25) feet in height, or the height requirement for the primary dwelling, whichever is lower. b. ADUs shall not exceed two (2) stories in height.

D. Detached ADUs. One newly constructed detached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Detached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ft.) square foot ADU is otherwise infeasible.

3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.

4. Height. A detached ADU shall not exceed sixteen (16) feet in height, except in the following cases:

5.3 Attachment 2 - Ordinance for Chapter 17
23 a. A height of eighteen (18) feet is permitted when an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section; and, and additional two (2) feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

E. Conversion ADUs. One conversion ADU per single-family lot is permitted, subject to the following requirements:

1. Setbacks. No setbacks shall be required for ADU conversions located within the existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A legal accessory building (including a detached garage) may be converted into an ADU provided the side and rear setbacks are sufficient for fire safety.

Notwithstanding the provisions of this section, conversion ADUs shall provide sufficient side and rear setbacks for fire safety.

2. Height. A conversion ADU shall not alter the height of the existing structure (single-family dwelling, accessory building, or garage) that is being converted.

3. Other Standards.
a. Conversion ADUs in existing accessory structures may expand the existing dimensions of the structure no more than one hundred fifty (150) square feet to accommodate ingress/egress. Any such expansion shall count towards the size of the ADU.

F. Additional Requirements.

1. All JADUs and ADUs shall provide exterior access that is separate from the proposed or existing single-family dwelling.

2. Except as specified in this section, ADUs shall comply with lot coverage, open space, front setbacks, minimum lot size, and other zoning standards applicable to the primary dwelling, except in no event shall the application of any of these standards preclude at least an eight hundred (800) square foot ADU.

17.78.090 Permit process.

A. Unless otherwise specified in subsection D, pursuant to Government Code Section 66317 mandating ministerial approval of JADUs and ADUs if all of the applicable standards are met, the chief building official or his/her designee shall

5.3 Attachment 2 - Ordinance for Chapter 17
24 approve the ADU permit within sixty days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the sixty-day timeline shall not commence until the primary residence is permitted. The city may review and approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

B. If the city disapproves an application for an ADU or JADU, the building division shall return, in writing, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

C. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the application for the ADU and issued at the same time.

D. In conformance with Government Code section 65852.27, the City shall, by resolution, adopt a program for the preapproval of designs for ADUs, which may be amended from time to time. Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that program shall be approved or denied within thirty days.

1. The City shall also review accessory dwelling unit plan submissions for preapproval upon an application for such a request and payment of the applicable fee. The City shall approve or deny the preapproval applications, as specified.

17.78.100 Other provisions.

A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, a deed restriction, approved by the city attorney, shall be recorded with the county recorder’s office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.

B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, no owner-occupancy requirement shall be enforced and no deed restriction shall be required for ADU permit applications.

5.3 Attachment 2 - Ordinance for Chapter 17
25 C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards.

This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. Any ADU may be leased for a period not fewer than thirty consecutive days.

E. Fire flow and fire department access must comply with the California Fire Code as amended by the San Mateo consolidated fire department, or an alternate means shall be proposed.

F. Fire Sprinklers.

1. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

2. The construction of an ADU shall not trigger a requirement of fire sprinklers to be installed in the existing primary dwelling.

G. ADUs that are seven hundred fifty square feet or smaller are exempt from impact fees.

H. Notwithstanding the provisions of this section, the requirements for newly constructed ADUs shall not preclude constructing one ADU of at least eight hundred square feet, which is not more than sixteen feet in height, and set back at least four feet from the side and rear property lines.

I. Notwithstanding any other provision of this code, an applicant shall not be required to correct nonconforming conditions on the subject property as a condition of obtaining permits to construct an ADU or JADU.

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 66341. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.”

5.3 Attachment 2 - Ordinance for Chapter 17
26 Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 5th day of August, 2024, and passed and adopted on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 2 - Ordinance for Chapter 17
27 DATE: August 19, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Assistant City Manager
DEPARTMENT: City Manager
SUBJECT: THIRD AMENDMENT AND ASSIGNMENT OF AGREEMENT

FROM RENNE PUBLIC LAW GROUP LLP (DBA, RENNE PUBLIC

POLICY GROUP) TO CALIFORNIA PUBLIC POLICY GROUP FOR

CONTINUED STATE LEGISLATIVE ADVOCACY SERVICES AND

OPTIONAL GRANT WRITING SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a Third Amendment and Assignment of the Agreement from Renne Public Law Group, LLP (“RPLG”) doing business as Renee Public Policy Group (“RPPG”) to the California Public Policy Group (“CPPG”) for continued State legislative advocacy services and optional grant writing services.

EXECUTIVE SUMMARY
The City entered into an Agreement with RPLG dba RPPG on January 15, 2021 (“Agreement”) for State Legislative Advocacy Services for an initial one-year term. The Agreement was subsequently amended on March 1, 2022, and again on February 20, 2024.

RPPG will be separating from RPLG to form a new legislative advocacy and grant writing entity: the California Public Policy Group (“CPPG”). In order to ensure a smooth transition, RPPG and CPPG are requesting that the City assign the Agreement from RPLG/RPPG to CPPG. The original Agreement, however, prohibits any assignments.

RPPG has played a critical role in advancing the City’s approved 2024 State Legislative Platform and Policy. City staff believes that RPPG will continue to provide valuable services

5.4 5.4 Staff Report
28 as CPPG and therefore recommends that the City Council approve the Third Amendment to the Agreement and Assignment to allow an assignment to CPPG for continued legislative advocacy services.

BACKGROUND/ANALYSIS
On January 15, 2021, the City and RPLG dba RPPG entered into the Agreement whereby RPPG was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999 for an initial term of twelve months.

On March 1, 2022, the City Council approved a First Amendment to the Agreement for an additional two-year term at a monthly flat rate of $6,500, for a not to exceed amount of $205,999.

On February 20, 2024, the City Council approved a Second Amendment to the Agreement to extend the term an additional 24 months and increase the compensation by an additional $120,000. The services were also revised to exclude the grant writing services in the monthly retainer but include optional grant writing services on a per-grant basis.

Recently, the City received a joint notice from RPLG and CPPG regarding the separation and requesting an assignment of the Agreement from RPLG/RPPG to CPPG. (Attachment 1). This change will allow RPPG employees an opportunity to gain ownership in the new entity while maintaining a partnership with RPLG but continue their commitment to providing public sector representation.

Section 17 of the original Agreement (Attachment 4) prohibits any assignment of the Agreement. As such, staff has prepared a Third Amendment to the Agreement that would revise Section 17 to allow assignments of the Agreement but only upon written approval from the City. Additionally, the Third Amendment would also assign all of the services that RPPG was required to provide to the City under the Agreement to CPPG. If the Council approves the Third Amendment and Assignment of the Agreement, CPPG would assume all terms, conditions and obligations of the Agreement. The assignment would be effective Tuesday, October 1, 2024. There are no other changes to any other terms of the Agreement.

CALIFORNIA EQUALITY QUALITY ACT
Adopting the proposed Resolution to approve the Third Amendment and Assignment of the Agreement does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as the proposed action does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.)

FISCAL IMPACT
There would be no direct fiscal impact from approval of the Third Amendment and

5.4 5.4 Staff Report
29 Assignment to the Agreement.

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

ATTACHMENTS
Attachment 1 – Joint Letter
Attachment 2 – Resolution
Attachment 3 – Third Amendment and Assignment
Attachment 4 – Original Agreement

5.4 5.4 Staff Report
30 RPLG/ CPPG Joint Request for Contract Reassignment| October 1, 2024 | City of Foster City August 5, 2024

VIA EMAIL ONLY
Stefan Chatwin
City Manager
City of Foster City
Via Email: [email protected]
Re: Joint Notice—Change of Firm: Renne Public Law Group, LLP (DBA Renne Public Policy Group) to California Public Policy Group Inc. (CPPG) Effective Date of October 1, 2024 Dear Mr. Chatwin:

In May 2019, the Renne Public Law Group (RPLG) launched Sacramento-based Renne Public Policy Group (RPPG) to provide public sector clients with non-legal services including legislative advocacy and grant writing. Since then, RPPG has dramatically expanded its client base and staff, delivering high-level services across California.

We are pleased to report that RPPG and RPLG leadership have now agreed upon a plan to spin RPPG off as a separate corporation, forming the California Public Policy Group (CPPG). This move will allow RPPG employees an opportunity to gain ownership in the new entity while maintaining a partnership with RPLG—unified in our commitment to public sector representation. This move will also allow RPPG the opportunity to continue its growth and better serve its clients.

To that end, we are jointly notifying our clients to ensure a smooth transition from RPLG to CPPG for the non-legal work currently being performed by RPPG. Below are the specific details of this change.

Effective close of business on Monday, September 30, 2024, the Legislative Advocacy and Grant Services areas of Renne Public Law Group, LLP [DBA Renne Public Policy Group] will be transferred as part of an asset purchase agreement from Renne Public Law Group to California Public Policy Group, a California Corporation. All staff members currently assigned to perform work outlined in our professional services agreement will become employees of CPPG effective Tuesday, October 1, 2024. CPPG will retain the same Sacramento office location as well as the same contact information (e.g., emails, telephone number etc.).

Service(s) Currently Being Performed:

The City of Foster City is currently under contract with RPLG for the following non-legal services:
• State Legislative Advocacy
• Grant Writing and Research (Per-grant fee)
Per the terms of our professional service agreement with the City of Foster City we respectfully request that you approve—in writing—the assignment of your current service contract(s) enumerated above from Renne Public Law Group, LLP to California Public Policy Group Inc. Such assignment will include all terms and conditions of the contract currently in place including all requirements to adhere to your agency’s insurance and procurement requirements. The assignment shall be effective Tuesday, October 1, 2024.

5.4 Attachment 1 - Joint Letter
31 RPLG/ CPPG Joint Request for Contract Reassignment| October 1, 2024 | City of Foster City We understand that different agencies may have different requirements and processes for effectuating this change. Please let us know how we can help navigate these processes, and any information we need to provide.

Invoicing Pre and Post October 1, 2024:
• All invoicing for services rendered will continue to be generated and distributed by RPLG for work performed through September 30, 2024.
• Your agency will receive a final invoice on or about the first week of October from RPLG for all work performed in arrears through September 30, 2024.
• All work commencing October 1, 2024, will transition to CPPG. • Beginning November 1, your agency will begin receiving invoices for all work performed on and after October 1, 2024, from CPPG.
• There will be no interruption of service during this transition.

Lobbying Registration and Filings:
• CPPG will continue to work with the same Fair Political Practice Commission (FPPC) compliance vendor to ensure that all required forms are filed with the proper state agencies registering CPPG as the City of Foster City’s lobbying firm of record. No cost will be assessed to your agency for this transition.
• CPPG will work with RPLG to ensure that all third quarter reporting requirements are met. No cost will be assessed to your agency for this service.

Any delivery of your files and records will be at no cost to you. Please direct us in writing by (including, should you wish, signing this form) to agree to the work assignment. Please feel free to contact Dane Hutchings or Jon Holtzman at any time on this matter. We appreciate your consideration of this request, and we look forward to the continued partnership with the City of Foster City.

Very truly yours,
Jon Holtzman Dane Hutchings
Managing Partner Managing Director
Renne Public Law Group, LLP Renne Public Policy Group
Founder/ CEO
California Public Policy Group, Inc.

5.4 Attachment 1 - Joint Letter
32 RPLG/ CPPG Joint Request for Contract Reassignment| October 1, 2024 | City of Foster City In accordance with the current professional services agreement with Renne Public Law Group, LLP, the City of Foster City agrees to assign the performance of the requirements of the agreement subject to the terms and conditions of the agreement to the California Public Policy Group Inc. effective October 1, 2024. ____________________
Stefan Chatwin
City Manager
City of Foster City
CC: Marlene Subhashini, Assistant City Manager, City of Foster City

5.4 Attachment 1 - Joint Letter
33 RESOLUTION NO.

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

AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT AND

ASSIGNMENT OF THE AGREEMENT FROM RENEE PUBLIC LAW GROUP, LLP (“RPLG”) DBA RENEE PUBLIC POLICY GROUP (“RPPG”) TO THE CALIFORNIA PUBLIC POLICY GROUP (“CPPG”) FOR CONTINUED STATE LEGISLATIVE

ADVOCACY SERVICES AND OPTIONAL GRANT WRITING SERVICES

CITY OF FOSTER CITY
WHEREAS, on January 15, 2021, the City entered into a Professional Services Agreement with Renne Public Law Group, LLP (“RPLG”) doing business as Renee Public Policy Group (“RPPG”) ("Agreement"), whereby RPPG was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement for a term of twelve months; and WHEREAS, the City and RPPG subsequently entered into a First Amendment to the Agreement on March 1, 2022 for a two-year period whereby RPPG was to continue to provide State legislative advocacy and grant writing services at a monthly flat rate of $6,500 for a not to exceed amount of $205,999; and
WHEREAS, on February 20, 2024 the City and RPPG entered into a Second Amendment to the Agreement by extending the term an additional 24 months and increasing the compensation by an additional $120,000 and revising the scope of services to include grant writing services on a per-grant basis; and WHEREAS, RPPG will be separating from RPLG to form the California Public Policy Group (“CPPG”); and
WHEREAS, RPLG and CPPG have requested that the City assign this Agreement from RPLG to CPPG, effective Tuesday, October 1, 2024; and WHEREAS, approval of the Third Amendment and Assignment does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) as the action does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve and authorize the Mayor to execute a Third Amendment and Assignment of the Agreement from RPLG doing business as RPPG to CPPG for continued State legislative advocacy services and optional grant writing services.

5.4 Attachment 2 - Resolution
34 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 2 - Resolution
35 THIRD AMENDMENT AND ASSIGNMENT OF
PROFESSIONAL SERVICES AGREEMENT WlTH RPPG
THIS THIRD AMENDMENT TO THE AGREEMENT ("Third Amendment") is entered into as of this August 19, 2024, by and between the City of Foster City, a public body corporate and politic, hereinafter called "City" and Renne Public Law Group, LLP (dba Renee Public Policy Group) hereinafter called "Consultant." City and Consultant shall be referred to individually as "City" or "Consultant" or "Party" or collectively referred to as "Parties."

RECITALS
WHEREAS, on January 15, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") whereby Consultant was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement; and WHEREAS, the term of the Agreement was for twelve months; and WHEREAS, City and Consultant subsequently entered into a First Amendment to the Agreement on March 1, 2022 for a two-year period whereby Consultant was to provide State Legislative Advocacy Services and Grant Writing Services at a monthly flat rate of $6,500 for a not to exceed amount of $205,999, pursuant to the terms of the Agreement; and
WHEREAS, on February 20, 2024 the Parties extended the term of the Agreement by an additional 24 months; and increased the compensation by an additional $120,000 and amend the Scope of Services to include grant writing services on a per-grant basis; and
WHEREAS, Consultant, Renne Public Law Group, LLP (“RPLG”) doing business as Renne Public Policy Group (“RPPG”) will be separating to form the California Public Policy Group (“CPPG”), as further described in the joint letter from CPPG and RPLG attached hereto and hereinafter incorporated as Attachment 1; and WHEREAS, Consultant and CPPG have requested that the City assign the Agreement from RPLG to CPPG, effective Tuesday, October 1, 2024; and WHEREAS, the parties desire to amend the Agreement to evidence this assignment so that CPPG can continue to provide services to City.

5.4 Attachment 3 - Third Amendment and Assignment
36 2
TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows:

1. Recitals. The parties agree that the foregoing recitals are true and correct and are hereby incorporated as terms of this Third Amendment.

2. Amendment. Section 17, “Non-Assignment” of the Agreement shall be deleted and replaced as follows:
“Assignment. This Agreement may be assigned with the prior written consent of the City.”

3. The parties agree that the Agreement shall be assigned in whole from RPLG dba RPPG to CPPG and CPPG shall assume all terms, conditions and obligations of the Agreement, including but not limited to the City’s insurance requirements, effective as of Tuesday, October 1, 2024.

4. Except as modified by this Third Amendment, the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT
PAGE]

5.4 Attachment 3 - Third Amendment and Assignment
37 3
IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by themselves or their duly authorized representatives as of the date first above written.

CITY OF FOSTER CITY CONSULTANT
By:

Patrick Sullivan, Mayor
By:

Jonathan V. Holtzman, Managing Partner,
RPLG

By: ____________________________
Dane Hutchings, Managing Director
RPPG and CPPG
ATTEST:

By:

Priscilla Schaus, City Clerk
APPROVED AS TO FORM:

By: _
Benjamin L. Stock, City Attorney

5.4 Attachment 3 - Third Amendment and Assignment
38 ATTACHMENT 1

JOINT LETTER FROM RPLG AND CPPG

5.4 Attachment 3 - Third Amendment and Assignment
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PROFESSIONAL SERVICES AGREEMENT
FOR

STATE LEGISLATIVE ADVOCACY SERVICES
This Agreement is made and entered into as of the 15th day of January, 2021 by and between the City of Foster City hereinafter called "CITY" and Renne Public Law Group (DBA, Renne Public Policy Group (RPPG)) hereinafter called "CONSULTANT".

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

A. That CITY desires to engage CONSULTANT to provide professional services on behalf of the CITY;
B. That CONSULTANT is qualified to provide such services to the CITY and; C. That the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.

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. The term of this Agreement will be for a period of 12 months from the Effective Date.

This Agreement may be terminated by the CITY without cause upon thirty (30) days written notice to CONSULTANT. If the CITY exercises its right to terminate this Agreement in accordance with this paragraph, the CITY shall pay CONSULTANT for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “B” or the maximum amount authorized under paragraph 3 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 monthly flat fee retainer during DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4 5.4 Attachment 4 - Original Agreement
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the time of the performance of said services. A copy of CONSULTANT’s monthly rate for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of forty-nine thousand nine hundred and ninety-nine ($49,999.00) for the term of Agreement. Invoices for amounts in excess of $4,000.00 per month 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 CITY Manager.

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.

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8. Documents. All documents, plans, 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. It is understood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.

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.

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

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

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

12. No Guarantee of Outcome. Any comments made by CONSULTANT about the potential outcome of matters in connection with scope of work (Exhibit DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4 5.4 Attachment 4 - Original Agreement
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A) are expressions of opinion only and are not guarantees or promises about any outcome or results.

13. Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to CONSULTANT’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $1,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applicable to
CONSULTANT’s vehicle usage in
performing services hereunder)
1Professional Liability $1,000,000 per claim and aggregate It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

CONSULTANT agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by

1 Note: Professional liability insurance coverage is not required if the CONSULTANT is not providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.) Please check and initial the following if professional liability is NOT required for this agreement.  Recommended ______ [Project Manager]  Approved _______[Risk Manager]
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CONSULTANT shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any subsubcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.

CONSULTANT shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, CONSULTANT shall furnish CITY, on the form included as Exhibit D or similar form, with certificates and copies of information or declaration pages of the insurance required hereunder to be included as Exhibit C hereto. With respect to evidence of commercial general liability and automobile liability insurance coverage, CONSULTANT must also include in Exhibit C the following original endorsements::
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the City of Foster City, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and (c) Providing that CONSULTANT’s insurance coverage shall be primary insurance with respect to City of Foster City, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONSULTANT’s insurance and not contributory with it. CONSULTANT and its insurer may not seek contribution from CITY insurance or self-insurance.

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

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

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CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

14. 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.

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

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16. 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: Peter Pirnejad, City Manager
CONSULTANT: Dane Hutchings (Project Manager) 1100 11th
Street, Suite 200-231, Sacramento, CA, 95817
[email protected]
Jonathan V. Holtzman (Managing Partner)
350 Sansome Street, Suite 300, San
Francisco, CA, 94104
[email protected]

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

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

19. 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.

20. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. 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.

21. 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.

22. Conflict of Interest. CONSULTANT represents numerous public agencies, nonprofits, and private clients throughout California. Although unlikely, it is possible that certain clients might have certain objectives and policies that are not shared by other clients. For example, a client may support DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4 5.4 Attachment 4 - Original Agreement
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proposed legislation, while another city may be opposed to it. The CITY recognizes this reality, acknowledges that this sort of policy conflict may occur, and agrees that it will not assert a conflict based on these types of policy or legislative disagreements. Nothing in this paragraph shall be construed to diminish or override CONSULTANT’s duty to adhere to the Rules of Professional Responsibility, including the rules governing legal conflicts of interest.

23. Entire Agreement. This Agreement, including Exhibits A and B, 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: _________________________________
Peter Pirnejad, City Manager
ATTEST:

Dated: ________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Jean B. Savaree, City Attorney

CONSULTANT
Dated:

Jonathan V. Holtzman Managing Partner,
Renne Public Law Group (DBA Renne Public
Policy Group (RPPG))
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5.4 Attachment 4 - Original Agreement
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EXHIBIT A

SCOPE OF WORK
FOR

STATE LEGISLATIVE ADVOACY SERVICES
City of Foster City
 Assist with developing and updating the City’s legislative agenda and policy platform in light of legislative trends.
 Conduct state, regional, and local policy research; inform the City of relevant policies, develop advocacy materials, and assist the City with local positions on highpriority subjects.  Track state legislation and provide legislative tracking reports regularly to City.  Regularly communicate with the City to assess legislative options, analyze legislation and discuss policy objectives including review and input into the City’s legislative policy platform and meeting via teleconference periodically with the City Council’s relevant council sub-committee.
 Proactively address legislation, topics or issues that unfold in advance of the legislative session.
 Serve as a liaison between the City and State Legislature, Executive Branch or other officials in state government as identified by the authority.  Develop strong working relationships with State Legislature, state agencies, Executive Branch and other key stakeholders.
 Raise, discuss, and recommend any affirmative legislative action that may benefit the City, and identify any potential or actual legislative or agency action that may impact the City andregion.
 Coordinate and collaborate with other municipalities and organizations having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in legislation that will advance the City’s interests.
 Develop and participate in strategic coalitions with associations and governmental organizations in furtherance of the City’s legislative agenda as requested.  Provide the City with a written annual report, related to the City’s state agenda and a summary of services provided and measurable results achieved on behalf of the City.
 Draft letters, legislative language and talking points or other advocacy materials on legislation as necessary.

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 Prepare letters in support of the City’s adopted legislative position to members of the state legislature, executive branch, and other officials in State government as needed.
 Testify at the direction of and on behalf of the City at hearings before legislative committees.
 Prepare written testimony for city officials who wish to testify before legislative committees.
 Conduct at least one in-person briefing in the City per year to the Mayor and City Council and key City departments as identified by the City Manager’s Office.  Develop and implement strategies to best position city to obtain state grant funding for the City’s projects and programs.
 Guide the City regarding submissions of state grant requests, assist in preparation submission, letters of support, and other supporting materials.  Register to lobby, on behalf of the City, with the necessary State officers and agencies, requirements mandated by the Fair Political Practices Commission (“FPPC”), and any other legal requirements.
 Other related duties as assigned
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EXHIBIT B
CONSULTANT’S FEE SCHEDULE
Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $4,000 per month shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a $49,999.00 for the term of the Agreement.

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4 5.4 Attachment 4 - Original Agreement
50 DATE: August 19, 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
Nori Jabba, Housing Coordinator
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: ISSUANCE OF A REQUEST FOR PROPOSALS FOR RENTAL

REGISTRY SOFTWARE AND PROFESSIONAL SERVICES TO

ADMINISTER THE RENTAL REGISTRY PROGRAM

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution, authorizing staff to issue a Request for Proposals (RFP) for rental registry software and professional services to administer the Rental Registry Program and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
The Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs; state the community’s goals and objectives with regard to housing production, rehabilitation, and preservation, and conservation to meet those needs; and define the policies and programs that the community will implement to achieve the stated goals and objectives. On March 20, 2024, the City Council adopted a General Plan Amendment consisting of revisions to the 2023-31 Housing Element.

The Housing Element Programs include the City’s commitment to timeframes for implementation. The Annual Progress Report to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementation of these Programs.

5.5 5.5 Staff Report
51 The Rental Registry Program is included under H-G, Affirmatively Furthering Fair Housing, and, specifically, to implement Policy H-G-2, Improved Access to Fair Housing Information. The language in the Housing Element, Program H-G-2-e, Rental Registry, states:

H-G-2-e Rental Registry. Unless a requirement for a State rental registry is adopted, explore a rental registry that tracks information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and landlord contact information in order to improve the information available to landlords, tenants, and decision-makers.

Responsible Agency: Community Development Department;
Timeframe: Report to City Council by the end of 2024;
Funding Source: General Fund.
– City of Foster City Housing Element, Page HE-102
Staff recommends that the City Council authorizes staff to issue an RFP soliciting proposals from qualified firms for a rental registry software and professional services for program administration.

BACKGROUND/ANALYSIS
A rental registry is an organized database or record-keeping system designed to track comprehensive information concerning rental properties and their respective owners and tenants. Its primary objectives include monitoring adherence to housing regulations, analyzing trends within the housing market and providing valuable insights to policymakers for the formulation of effective housing policies.

Staff researched other Cities in the Bay Area that has established Rental Registry in recent times, including:
• City Alameda (January 1, 2020): Multi-family rentals built before Feb 1995, • City of Concord (July 1, 2021): All multifamily complexes of four or more units • City of El Cerrito (July 1, 2023): All rental properties • City of Half Moon Bay (February 6, 2024): All rental units • City of San Francisco (January 18, 2021)
The rental registry will help the City of Foster City further fair housing by providing valuable data about rental units throughout the City. Currently, the City only monitors data for below-market-rate (BMR) units. The proposed rental registry would allow the City to monitor market-rate and BMR units. Data would be used to better understand trends and information relating to occupancy and household sizes, rental rates, vacancies, and unit sizes. The rental registry would have information available to property owners and members of the public for research and to assist in finding affordable rental housing.

The program would require, by City Ordinance, all landlords and owners of rental property or their authorized agent to register their properties by a specific deadline and update information annually. A reasonable fee per unit would be charged to each property owner

5.5 5.5 Staff Report
52 annually. Many cities include financial incentives such as reduced fees or fee waivers in the first year if registrants submit data by a specific deadline to promote compliance. Staff will present the Ordinance to the City Council for adoption at a future meeting date.

The scope of the RFP includes two (2) tasks:
• TASK 1: Software system solutions to collect and manage all information submitted.
• TASK 2: Professional services to help administer the Rental Registry Program.

These are the minimum requirements for the Rental Registry implementation, as included in the RFP:
• Rental Unit Information Collection: Initial and ongoing efforts. • Quality Control: Ensuring data accuracy.
• Registration Fee Collection: Efficient fee collection mechanisms. • Data Analysis and Reporting: For policymaking purposes. • Community Notifications: Keeping the community informed. • Education, Training, Outreach, and Engagement: Comprehensive educational and engagement efforts to owners and landlords.

The draft RFP is included as Attachment #2 to this Staff Report.

If approved, the RFP will be issued on August 20, 2024, with a due date of September 10, 2024. City staff will review and evaluate the proposed scope of work, experiences of firm, staffing, experiences of firm, and budget submitted by consultants and will ensure that the proposal meets and fulfills the City’s standards and requirements. Attachment 2 is the proposed Draft RFP that will be issued if the City Council approves this item. Based upon the Scope of Work and Timeline as outlined, an agreement with the prospective consulting firm would be tentatively scheduled for City Council consideration and awarded at its October 7, 2024, meeting.

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

FISCAL IMPACT
There is no cost associated with the issuance of the RFP. The cost for the consultant services will be brought to the City Council along with the award of the contract at a future meeting. However, funding for this work is budgeted in the Community Development account 001-0810-419-42-51 in the amount of $25,000.

5.5 5.5 Staff Report
53 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Smart Planning, Development, and the Local Economy

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Request for Proposals for Rental Registry

5.5 5.5 Staff Report
54 RESOLUTION NO. _________

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

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

RENTAL REGISTRY SOFTWARE AND PROFESSIONAL SERVICES TO ADMINISTER

THE RENTAL REGISTRY PROGRAM AND FIND THE REQUEST EXEMPT FROM THE

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

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs; state the community’s goals and objectives with regard to housing production, rehabilitation, and preservation, and conservation to meet those needs; and define the policies and programs that the community will implement to achieve the stated goals and objectives; and WHEREAS, the Housing Element 2023-31 include the City’s commitment to timeframes for implementation of various goals, policies and programs; and WHEREAS, the Housing Element 2023-31 Program H-G-2-e, “Rental Registry”, requires the city to explore a rental registry that tracks information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and landlord contact information in order to improve the information available to landlords, tenants, and decision-makers by end of 2024; and
WHEREAS, staff recommends that the City Council authorizes staff to issue an RFP soliciting proposals from qualified firms for a rental registry software and professional services for program administration; and
WHEREAS, if approved, the RFP will be issued on August 20, 2024, with a due date of September 10, 2024; and
WHEREAS, staff will review and evaluate the proposed scope of work, experiences of firm, staffing, experiences of firm, and budget submitted by consultants and will ensure that the proposal meets and fulfills the City’s standards and requirements and return to the City Council at a future meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize staff to issue an RFP for Rental Registry software and professional services to administer the Rental Registry program.

5.5 Attachment 1 - Resolution
55 PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at a Regular Meeting thereof held on August 19, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - Resolution
56 City of Foster City Request for Proposals
Rental Registry
Release Date: Tuesday, August 20, 2024
Proposals Due: Tuesday, September 10, 2024 by 5:00 PM
Please submit an electronic version of your proposal via email to:
[email protected] (Nori Jabba, Housing Coordinator) Subject Line: (your business name) – Foster City Rental Registry Proposal Submission Deadline for Email of Intent to Respond: Tuesday, August 27, 2024 Deadline for questions or comments regarding this Request for Proposals:

Tuesday, September 3, 2024 @ 5:00 PM
Questions/Comments Submitted to:

Nori Jabba, Housing Coordinator
mailto:[email protected]
(650) 286-3230

5.5 Attachment 2 - RFP for Rental Registry
57 Foster City Rental Registry RFP – DUE 09/10/24 2
City of Foster City Request for Proposals (RFP)
Rental Registry

1. SUMMARY
The City of Foster City is implementing a comprehensive Rental Registry for most rental units, both market rate and below market rate. The City has approximately 5,500 rental units. The registry aims to improve the information available to landlords, tenants, and decision-makers.

The City of Foster City (“City”) invites qualified firms who meet the requirements to provide a proposal for a comprehensive Rental Registry program, online portal, and associated outreach to Foster City rental unit owners and landlords in compliance with the City of Foster City’s Housing Element, Policy H-G, Affirmatively Furthering Fair Housing, and Program H-G-2-e, Rental Registry and the Housing Fair Housing Action Plan. Tenant names and unit numbers must be kept confidential. Other information will be publicly accessible through the Public Records Act. Proposals should include these two tasks:
• TASK 1: Software system solutions to collect and manage all information submitted • TASK 2: Professional services to help administer the Rental Registry Program A single qualified firm or a team of qualified firms may propose the requested software system solutions and professional services. City staff will provide general oversight of the program, while the City’s communications team can assist with outreach.

At a minimum, the initial and ongoing Request for Proposals (RFP) implementation components include:

1. Initial and ongoing rental unit information collection

2. Quality control

3. Registration fee collection

4. Data analysis and reporting for policymaking

5. Community notifications

6. Community education, training, outreach, and engagement efforts The City aims to launch and roll out the initial Rental Registry software solution services in 2025.

5.5 Attachment 2 - RFP for Rental Registry
58 Foster City Rental Registry RFP – DUE 09/10/24 3
This RFP provides an overview of the requested software and professional services for Rental Registry implementation, outlining the City’s goals, purposes, and objectives for the project. It is not intended to represent all possible services. Therefore, qualified firms should include any additional items they consider relevant and important to further the project in their work plans or proposals.

2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for the Proposer’s review and submittal (see asterisk):
• Attachment A – Information Technology Questionnaire
• Attachment B – Scope of Work/Services
• Attachment C – Foster City Rental Population and Rental Property Types • Attachment D – Draft Illustrative Example of Initial Rental Unit Registration Form • Attachment E – Sample Agreement for Professional Services Insurance Requirements

3. BACKGROUND
Incorporated in 1971, the City of Foster City is a planned community in San Mateo County, California. Foster City is a General Law City with a Council-Manager form of government. It is approximately four square miles, located about 25 miles south of San Francisco and 30 miles north of Silicon Valley, with easy access from Highway 101 and Highway 92.

Foster City is a culturally diverse community of roughly 33,000 residents. It has limited space for growth in both residential and commercial areas. The developed portion of Foster City is protected from flooding by an approximately 43,000-linear-foot (8-mile) levee system that surrounds Foster City along the bayfront and an interior lagoon that serves as a drainage detention basin.

4. GENERAL PROVISIONS AND CONDITIONS
The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.

6. Modify the selection process outlined in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

5.5 Attachment 2 - RFP for Rental Registry
59 Foster City Rental Registry RFP – DUE 09/10/24 4
Should discrepancies or omissions be found in this RFP or should there be a need to clarify it, questions or comments regarding this RFP must be received by the City no later than Tuesday, September 3, 2024, at 5 PM and should be sent to Nori Jabba, Housing Coordinator ([email protected]).

5. PROPOSED TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of the Proposers but may be subject to change at any time by the City. Any such changes will be stated in an addendum to this RFP.

The tentative RFP timeline is as follows:

RFP ACTION DATE
RFP Issued Tuesday, August 20, 2024
Pre-Proposal Meeting None
Deadline for questions and clarifications Tuesday, September 3, 2024 @ 5:00 PM Proposals Due Tuesday, September 10, 2024 @ 5:00 PM
Finalist Identified September 2024
Consultant Interviews TBD
Consultant selection & contract preparation TBD
Contract awarded Fall 2024
Work commences 2025

6. Related Documents/Links
Affirmatively Furthering Fair Housing, Assembly Bill AB 686: Implementing Affirmatively Furthering Fair Housing Requirements in California
All housing elements due on or after 1/1/2021 must contain an Assessment of Fair Housing consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means "taking meaningful actions, in addition to combating discrimination, which overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics." To comply with AB 686, Foster City collaborated with Root Policy Research, 21 Elements, ABAG, and UC Merced to complete a full assessment and outreach plan. See pages 31-42 in the Housing Element.

7. PROPOSAL REQUIREMENTS

5.5 Attachment 2 - RFP for Rental Registry
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Consultants interested in submitting a proposal should respond to this RFP with a written proposal providing all the requested information. The proposal will be considered complete only if it includes all the items listed under the Proposal Requirements:

1. Title Page: Include the RFP subject, firm name, primary contact person, title, address, telephone number, email address, and submittal date.

2. Cover Letter of Interest: A statement of the consultant’s interests and qualifications and pertinent areas of expertise, as well as a description of the organization(s) (e.g., Corporation, Limited Liability Company, or Joint Venture). Include a summary of the proposer’s understanding of the project and the proposed approach.

3. Conflicts of interest: Teams/firms submitting proposals in response to this RFP must disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm, its management, employees, or other persons relative to the services to be awarded pursuant to this RFP. If a team/firm has no conflicts of interest, a statement to that effect shall be included in the cover letter.

4. Scope of Work: Provide a detailed proposed scope and projected timeline to conduct and complete the tasks outlined in the Scope of Work. Please address the project approach, reflecting knowledge about the Foster City community. This section should include the respondent's specific tasks for performing the work.

5. Schedule: Present a schedule reflecting timeframes and milestones for completing each phase and task.

6. Outreach Strategy: Outreach and engagement are critical to the deployment of the Rental Registry Program. Provide an outreach strategy with elements including, but not limited to:
a. Outreach to owners/landlords: If the vendor is conducting outreach to landlords, include the cost of the service and a description of the outreach. The City prefers that the selected vendor conduct the outreach to landlords regarding implementation.
b. Community meeting: After selecting the vendor, the City will hold a community engagement meeting to communicate timing, next steps, and costs. Please include your fee for attending and presenting at this meeting.

7. Qualifications and References: Provide an overview of the proposer’s experience and history in performing this type of work in California. Provide at least three references from local government clients for whom the consultant has rendered similar services in the recent past.

8. Cost Proposal: Provide a complete description of the expected expenditure of funds for the proposed work. The cost detail should include a breakdown of expenses by task and key personnel. The cost proposal should also include options for reducing or adding

5.5 Attachment 2 - RFP for Rental Registry
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services. All costs should reflect “not to exceed” amounts per task. A breakdown of costs should include:
a. Software
b. Initial launch costs and a description of services
c. Training costs
d. Overall cost to the City – software, launch/implementation in the first year, and annual/ongoing subscription
e. Cost to Landlords/Owners – per unit annually
f. Additional modules or add-ons and associated costs
g. Fees for additional work or assistance

9. Acknowledgement of Contract: Acknowledge that a contract and insurance will be provided in substantially the same form as attached and that the City’s Finance Division will maintain a business license annually during the term of the contract.

8. CONSULTANT SELECTION CRITERIA AND PROCEDURE
Responding consultant firms and/or teams will be evaluated based on the following criteria:

1. Demonstrated understanding of the requested work and responsiveness to the scope of services;

2. Quality and completeness of proposal;

3. Related and recent experience of similar scope and complexity in San Mateo County, the Bay Area, and California;

4. Outreach and community engagement expertise and techniques;

5. Expertise and experience of the proposed project team members and the in-house expertise, or inclusion of sub-consultants, to fully address all items noted in the scope of work;

6. Ability to perform the work within a reasonable time frame and budget;

7. Cost to City to launch software/program, annual cost to the City, and price per unit to landlords and owners;

8. Creativity in approach to the scope of work and requested deliverables;

9. Acceptance of the City’s Standard Agreement for Professional Services and insurance requirements, including any proposed changes to the agreement or insurance coverages (See Attachment); and

10. References.

The top proposals may be invited to an interview. The interview will help clarify each proposal's approach and qualifications for the project. Based on the interviews and evaluation of the proposals, the top-ranked consultant will be recommended to the City Council.

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9. GENERAL PROVISIONS AND CONDITIONS
The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.

6. Modify the selection process set forth in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

5.5 Attachment 2 - RFP for Rental Registry
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Attachment A – Information Technology Questionnaire
Please fill out the following questionnaire:

1. Is Single-Sign-On (SSO) using Azure AD/SAML supported?

2. Is Multi-Factor Authentication (MFA) supported for application-level, non-federated accounts?

3. Is data encrypted in transit, end-to-end, between the client/endpoint system and the hosted/SaaS solution? If so, how?

4. Is data encrypted at rest within the application service, including but not limited to the database? If so, how?

5. Describe the security measures to vet employees and control and audit employee access to customer data.

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6. Do customers have control over the geographic location(s) where their data is stored? If so, list the countries to which customer may restrict their data.

7. What are the terms governing ownership of data?

8. How easy is it to export customer data from the service to move to a new service? What charges are incurred for data exports?

9. Have you completed a recent SSAE18 SOC 2 or SOC 3, Type I or Type II audit report? If requested, can a copy be provided as part of this assessment?

10. Where applicable, does the proposed solution meet the requirements of PCI DSS1 and CCPA standards2? If so, please describe how you comply. For PCI, describe compliance with the various sections of the DSS for which your solution is called into scope.

11. Describe the process for deleting customer data on request or termination of service. 1 The Payment Card Industry Data Security Standard (PCI DSS) and the California Consumer Privacy Act (CCPA) are both designed to protect data. PCI DSS safeguards payment cardholder data and encompasses four key areas: cardholder data protection, access control measures, secure network systems, and encrypted data transmission. 2 CCPA protects personal information, including any data that can directly or indirectly identify an individual or household. Requirements under CCPA include implementing security procedures and practices, providing transparency about data collection, and establishing procedures for handling consumer requests.

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Attachment B – Scope of Work/Services
The City seeks assistance for both the initial setup and ongoing implementation of the Rental Registry Program including:
• Software System Solutions: To collect and manage all submitted information • Professional Services: To help administer the Rental Registry These solutions and services can be proposed by either a single qualified firm or a team of qualified firms. The City will retain general oversight of the program, and the City’s communications team can assist in outreach efforts.

A. The following components are the minimum requirements for initial and ongoing Rental Registry implementation:
• Rental Unit Information Collection: Initial and ongoing efforts. • Quality Control: Ensuring data accuracy.
• Registration Fee Collection: Efficient fee collection mechanisms. • Data Analysis and Reporting: For policymaking purposes. • Community Notifications: Keeping the community informed. • Education, Training, Outreach, and Engagement: Comprehensive educational and engagement efforts to owners and landlords.

B. The City anticipates the following minimum deliverables for the Rental Registry software services:
• Database System: For annual and event-based reporting, including information collection, quality control, data visualization, reporting, and community notification functionalities.
• Online Portal/Dashboard: Providing 24/7, year-round access for City staff, landlords, and the public.
• Fee Collection System: Integrated registration fee and penalty fee collection system. • Guidance and Resources Webpage: Featuring a Rental Registry overview, training worksheets, demonstration videos, and other online resources. • Paper-Based Registration Forms: For use when online registration is not feasible. • Staff Training Materials: Exhibits and/or manuals for software system solutions. • Ongoing Maintenance: Including updates and troubleshooting of the software system. • Data Management: Ensuring data is packaged and provided to the City if the contract

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ends, with the City retaining ownership of all collected data.

These components ensure a comprehensive approach to the Rental Registry implementation, facilitating efficient management and administration of rental unit registrations and related activities.

C. Additional Capabilities, Modules, Features, and Functionality for Rental Registry Program Software Solutions:

1. User-Friendly and Customer-Oriented Interface: The software services must feature an intuitive interface with a strong focus on customer service.

2. Data Input and Security: Besides data annually imported from objective, regularly updated sources (such as County parcel data), landlords and staff will be the primary data input sources, each using unique and secure login credentials. The software systems must include security features to ensure the safety and privacy of information provided to the Rental Registry.

3. Training and Support: Providers must offer ongoing training and support for City staff and public users of the software.

4. Modular and Expandable Design: Proposed software services should be designed in an expandable, modular format to facilitate future enhancements, functionality, and information collection.

5. Development and Maintenance Quality: The software should be developed, tested, and maintained using high-quality software development methodologies to ensure longterm reliability and technical efficiency.

6. Regular Maintenance and Updates: The firm or firms must provide regular maintenance, including troubleshooting and system updates.

7. Quality Assurance and Control: Regular quality assurance and quality control services must be provided.

8. Minimized Downtime: The design should minimize any periods when the software might be offline or unavailable.

9. Data Access and Ownership: The City must have complete access and ownership of all data collected within the software system solutions.

10. Integration with Existing Systems: The software system solutions should integrate with the City’s existing software systems to the extent possible.

D. The software system solutions should encompass general capabilities to meet the City's goals and objectives for the initial rollout and launch of the Rental Registry Program. The proposed software should ideally include the following capabilities:

5.5 Attachment 2 - RFP for Rental Registry
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1. Browser Compatibility: Compatible with all major browsers, including Internet Explorer, Firefox, Google Chrome, and Safari. Detailed information on the host server environments and licensing models should be provided if relevant.

2. Device Accessibility: Accessible from various devices, including desktops and mobile devices.

3. Remote Access: Support remote access for users, such as staff using VPN to access City software and servers.

4. 24/7 Access: Ensure round-the-clock access for landlords, the public, and City staff.

5. User Authentication: Implement best practices for user logins and authentication.

6. Brand Support: Support Foster City branding.

7. Responsive Design: Feature a responsive design user interface.

8. Document Management: Include a document repository with sufficient storage, the ability to upload and manage documents, accept document versioning, and override archived documents.

9. Backend Capabilities: Provide backend capabilities to manipulate reports, override automated systems, and delete entries and notes.

10. Security Settings: Implement security settings to limit deletion, access, and viewing rights.

11. Search Feature: Include a search feature on data fields.

12. Tickler Reminder Feature: Provide a reminder feature for administrators for timesensitive issues, such as rental unit registration submissions.

13. Role-Based Access: Offer role-based access to application features.

14. User Preferences Management: Manage user preferences for access and frequently used reports.

15. Customizable Data Entry Screens: Support additional functionality through customizable data entry screens, such as detailed unit information and possible exemption status.

16. Easy Workflow for Data Input: Ensure an easy workflow for data input for initial property and rental unit registration, annual affidavits, and qualifying event-based reporting to assist with information quality assurance and control.

17. Future Modifications: Allow for future modifications to respond to program and/or legislative changes, such as creating new data fields and supporting future forms of rental unit registrations.

18. Security and Privacy Features: Include additional system security and privacy features.

19. Licensing Requirements: Provide a listing of any licensing requirements and fees.

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20. Full Access for City Staff: Ensure City staff have full access to view, edit, and update the Rental Registry online systems and related databases.

21. Query and Report Generation: Enable City staff to generate queries and reports.

22. Formatted Reports: Establish reports/queries accessible to staff with Rental Registry data as needed by the City, formatted for legibility and ease of use.

E. The Rental Registry Program administrators should have the ability to manage all aspects of the software, including collecting and updating information, performing quality control, collecting registration fees, creating community notices, conducting data analysis, and generating reports. The user interface should incorporate:

Property Inventory Management Capabilities:

1. Property Inventory Upload
a. Upload property inventory from City Geographic Information Systems (GIS) sources and County Assessor data, using the City’s official GIS address/unit databases as a starting point.
b. Enter properties and rental units not yet in the official City GIS address database, flagged for further staff research/processing.

2. Property Owner Data Management
a. Manage property owner data.
b. Support Property Assessor Parcel Number (APN) splits and mergers. c. Support multiple addresses and buildings for parcels. d. Maintain property ownership history.
e. Integrate with the City GIS system (ESRI) and the City application and permit tracking system (Accela).
f. Track Rental Registry fee payment status of each property and rental unit.

Property and Rental Unit Registration Capabilities:

1. Registration Management
a. Add/register property and rental units on behalf of owners. b. Manage property owner information.
c. Manage property management/agent contact information. d. Manage property and rental unit characteristics information. e. Manage rent and tenancy information.

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f. Manage tenant information with easy removability for reports and Public Records Act requests.
g. Process registration affidavits.
h. Upload documents.
i. Generate copies of registration completion.
j. Bulk upload data from CSV files.
k. Tag properties for hold, exception, etc.

Event-Based Reporting Capabilities

1. Event Tracking: Report rent increases, new tenancy, new vacancy or eviction, offer of a one-year lease at renewal, other events, and annual affidavit.

Rental Registry Fee and Penalty Fee Payment Capabilities:

1. Payment Processing
a. Secure payment of Rental Registry fees, penalties, and charges. b. Issue client notifications and electronic receipts via email. c. Confirm payment of rental unit registration fees to the database.

Customer Relationship Management (CRM) Capabilities:

1. Community Notices
a. Produce community notices for all stages of Rental Registry implementation, including rental unit registration due notices, Rental Registry fee notices, and community announcements.
b. Manage contacts (create, modify, delete, group, search). c. Send notifications via email, SMS, and account messaging. d. Manage campaigns (marketing, outreach).
e. Integrate with third-party bulk mail systems.

Reporting and Analytics Capabilities:

1. Report Generation
a. Produce reports to assist with daily quality control efforts and provide data visualization/infographics for policymaking.
b. Feature role-based dashboards.

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c. Offer fixed and user-generated ad hoc reports.
d. Export reports to PDF and Excel.

Owner/Property Manager/Agent Portal and Database Capabilities: The portal should allow property owners, landlords, property managers, and agents to access their properties and rental units to register them and report events, incorporating:

1. ADA Compliance: Ensure Americans with Disabilities (ADA) compliance.

2. Multilingual Support: Provide multilingual capabilities.

3. Help Buttons: Include help buttons to clarify requested data input items to help with quality control.

2. Registration Management
a. Add/register multiple properties and rental units.
b. Manage property owner, property management/agent contact, and property/rental unit characteristics information.
c. Manage rent, tenancy, and tenant information.
d. Process registration affidavits.
e. Upload documents.
f. Generate copies of registration completion.
g. Bulk upload data from CSV files.

4. Event-Based Reporting: Report rent increases, new tenancy, new vacancy or eviction, offer of a one-year lease at renewal, other events, and annual affidavit.

5. Payment Processing
a. Secure payment of Rental Registry fees, penalties, and charges. b. Issue client notifications and electronic receipts via email. c. Confirm payment of rental unit registration fees.

Public Portal Capabilities: The public portal should allow users to verify if a rental unit is registered and the last registration date, as well as see if a qualifying event-based report was submitted by type and date. The user interface should incorporate:

1. ADA Compliance: Ensure Americans with Disabilities (ADA) compliance.

2. Multilingual Support: Provide multilingual capabilities.

3. Review Status: Review rental unit registration status/date and event-based report type/date.

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Integration Support: Ideally, the Rental Registry software system solutions should:

1. Integrate or provide data exports to the City’s financial and utility billing systems.

2. GIS Integration

3. Export property location and other information to the City’s GIS (GIST and ESRI – ArcGIS Enterprise).

4. Allow City staff access to other departments’ systems to view activities related to the property and rental units, such as inspection reports and building permits.

The Rental Registry software system solutions may benefit from additional capabilities, modules, features, and functionality, such as, but not limited to:

1. Proposals for Additional Enhancements: Qualified firms are encouraged to propose additional deliverables, capabilities, modules, features, and functionality to further support the Rental Registry’s goals, purposes, and objectives.

2. Mobile Application Development: Qualified firms can suggest creating a downloadable app for iOS and Android as a supplementary deliverable to enhance Rental Registry participation.

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Attachment C – Foster City Rental Population and Rental Property Types According to the United States 2020 Decennial Census, Foster City had a total of 13,318 housing units, with 12,658 units occupied and 660 considered vacant.

Out of the 13,318 occupied housing units, 6,646 were owner-occupied, and 6,012 were renteroccupied. This translates to renter households representing 45% of occupied Foster City housing units in 2020. Regarding the Foster City population distribution, the 2020 ACS estimates that 40,129 (59.5%) people lived in owner-occupied housing and 27,301 people (40.5%) lived in renter-occupied housing.

33.98% of renters live in large apartment complexes of 50 units or more, followed by various property types, as shown in Table 1. The second largest portion of rental units are Medium Sized Rental Property (20 to 49 Units), at 14.57%.

Table 1: Distribution of Rental Households by Rental Unit Property Type (excluding single-family detached units) Mobile Home Boat, RV, Van, etc. Single Family Attached Duplex Triplex and Fourplex Small Sized Rental Property (5 to 9 Units) Medium Sized Rental Property (10 to 19 Units) Medium Sized Rental Property (20 to 49 Units) Large Sized Rental Property (50+ Units) TOTAL # of
Units
0 0 711 126 673 533 753 792 1847 5,435
% of
Total
Units

00.00% 00.00% 13.08% 2.32% 12.38% 9.81% 13.85% 14.57% 33.98% 100.00% Source: U.S. Census Bureau, 2016-2020 American Community Survey 5-Year Estimates, B25032 Tenure by Units in Structure

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Attachment D: Information and Draft Illustrative Example of Initial Rental Unit Registration Form
Rental Registry Program: Information to Collect, Participating Rental Units, and Reporting Frequency
Information to be collected, rental units to be registered, and reporting frequencies for the Rental Registry Program:

A. Information to Collect

1. Reason for Vacancy

2. Deed Restriction Status: Identification if the rental unit is deed restricted.

3. Contact Information
a. Property owner contact information.
b. Landlord/property manager contact information.

4. Rental Unit Characteristics
a. Rental unit size (square feet).
b. Number of bedrooms.
c. Property type/number of units at the property.

5. Rent Information
a. Rent amount.
b. Services and utilities included in rent.
c. Mandatory additional fees such as storage, parking, renter’s insurance, and utility billing administrative fees

6. Tenancy Information
a. Tenancy status (occupied/vacant).
b. Tenancy or vacancy commencement date.

7. Affidavit
a. Attestation to information accuracy.
b. Registration date of submittal.

8. State and City Renter Protections: Information relevant to implementing existing State and City renter protections.

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B. Frequency of Reporting
Use initial rental unit registration and thereafter qualifying event-based reporting frequency or an annual affidavit if no qualifying events occur. Qualifying events include:

1. Qualifying Event-Based Reporting: Required after any of the following events:
a. Rent increases.
b. New tenancy.
c. New vacancy or eviction.
d. Offer of a one-year lease at renewal.
e. Other events.

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Attachment E – Sample Agreement for Professional Services Insurance Requirements

PROFESSIONAL SERVICES AGREEMENT
FOR

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

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY; WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

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

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

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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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.

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

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 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

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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.

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the

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termination or completion of this Agreement for the full period of time allowed by law.

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

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

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

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

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non5.5 Attachment 2 - RFP for Rental Registry
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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: ____________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone Number,
Project Manager and Email Address for CONSULTANT)

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

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

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

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules.

Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement.

In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

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

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contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement, Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY.

The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

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

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

Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this

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Agreement with written notice to the other party, without further penalty or compensation.

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

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

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

Dated: ________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Type Name & Title of CONSULTANT Authorized to Sign

EXHIBIT A

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

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[ENTER PROJECT TITLE]
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

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

1. Description of the Project:

1.1 DESCRIPTION: Description of Project

2. Basic Services:

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

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

PAYMENTS

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

Maximum Payment Amount

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

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule

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

1. PROJECT DELIVERABLES

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1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

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

2.1 SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

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

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EXHIBIT C

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

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

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein.

The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 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 two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor. ☒ 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.

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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 written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a selfinsurance 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 aboverequired 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.

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

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

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the projectspecific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: ____________________________________ Effective Work Date(s): _____________ Description of Work/Locations/Vehicles: ___________________________________________________ ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

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

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

Professional Liability:

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.

5.5 Attachment 2 - RFP for Rental Registry
92 Foster City Rental Registry RFP – Due 9/10/24 @ 5PM 37 CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: ________________________________________ TITLE: _____________________________ ADDRESS: ___________________________________________________________________________________ TELEPHONE: ( ) _____________________________ DATE ISSUED: _____________________________

5.5 Attachment 2 - RFP for Rental Registry
93 Foster City Rental Registry RFP – Due 9/10/24 @ 5PM 38

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

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

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

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

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

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID19 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 COVID19 Condition.

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the

5.5 Attachment 2 - RFP for Rental Registry
94 Foster City Rental Registry RFP – Due 9/10/24 @ 5PM 39 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 COVID19 Proclamations at all times in connection with the performance of their Services.

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations.

The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

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

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

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

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]

5.5 Attachment 2 - RFP for Rental Registry
95 Foster City Rental Registry RFP – Due 9/10/24 @ 5PM 40 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

5.5 Attachment 2 - RFP for Rental Registry
96 DATE: August 19, 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
Zaheed Danish, Public Works Maintenance Manager
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: APPROPRIATION OF $75,000 FROM FUND 001 TO ACCOUNT NUMBER 001-0920-431-4246 FOR THE PURCHASE OF

REPAIR PARTS FOR THE LAGOON PUMPS FROM
CUMMINS, INC.

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the appropriation of $75,000 to account number 001-0920-431-4246 for the replacement of two radiators for the lagoon pumps from Cummins, Inc. as a sole source purchase.

EXECUTIVE SUMMARY
This action will allow for the necessary repair and replacement of radiators for the two pumps at the Lagoon Pumphouse. The need for this repair work was identified during scheduled maintenance on the pumps, and the work was anticipated in the budget not to exceed $50,000. However, parts for these pumps have become increasingly difficult to find, making it necessary to have portions fabricated, at a total cost for both pumps of approximately $75,000. This is sole source work as there is only one available contractor, Cummins, Inc., to perform the repair. It is anticipated that the work will take approximately two months to complete and it is important to complete the work prior to the wet season to ensure that the pumps to function properly to maintain the lagoon levels during winter storms.

5.6 5.6 Staff Report
97 BACKGROUND
The lagoon pumps are essential equipment used to maintain the lagoon system levels year round. In the summer, the lagoon levels are maintained at a higher level while the level is pumped down in order for the lagoon to serve its fundamental function as a stormwater retention basin. During summer months, Public Works Maintenance performs routine maintenance on the pumps to ensure that they are in the best possible working condition during the winter storm season.

ANALYSIS
The current pumps were installed 24 years ago in 2000. They are serviced regularly and are in good working order, however, routine service and preventative maintenance identified the need to replace the radiators in both units. While this is not unexpected, given the age and level of use of the pumps, it was not known during the preparation of the budget that the parts would be unavailable and require custom fabrication. Because of this, the cost of the repair exceeds the City Manager’s signing authority and requires City Council approval and appropriation of funds. Staff recommends engaging Cummins, Inc. on a sole source basis to perform the repair. Cummins is the manufacturer of the pumps and is the only firm qualified to do the work.

CEQA
The repair of the lagoon pumps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15302, Class 2 (Replacement or Reconstruction) as the repair involves replacement of existing pumps located on the same site and for the same purpose as those replaced.

FISCAL IMPACT
The cost to perform the work is $37,291.07 each for two pumps, for a total of $74,582.14.

Staff is recommending the appropriation of $75,000 to Lagoon and Levee Division Facility and Equipment Account No. 001-0920-431-4246 to complete the work. In compliance with the City’s Purchasing Policy. Cummins, Inc. has been identified as a Sole Source vendor.

Staff will prepare a Sole Source form per the City’s Purchasing Policy.

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

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Quote from Cummins, Inc. for Engine 3
Attachment 3 – Quote from Cummins, Inc. for Engine 4

5.6 5.6 Staff Report
98 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE APPROPRIATION OF $75,000 FROM FUND 001 TO ACCOUNT NO. 001-0920-431-4246 AND AUTHORIZING THE SOLE SOURCE PURCHASE OF REPAIR PARTS FOR THE LAGOON PUMPS FROM CUMMINS, INC. AND FINDING

THE ACTION EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15302, CLASS 2 (REPLACEMENT OR RECONSTRUCTION) AND 15269(B)

CITY OF FOSTER CITY
WHEREAS, the lagoon pumps are essential equipment used to maintain the lagoon system levels year round; and
WHEREAS, the need to replace the radiators in the two pumps at the Lagoon Pumphouse was identified during scheduled maintenance; and WHEREAS, the cost of the work exceeds the budget for the work due to the need to custom manufacture certain parts; and
WHEREAS, the total cost for both pumps is approximately $75,000; and WHEREAS, Cummins, Inc. is the only available vendor able to perform the repair; and
WHEREAS, it is important to complete the work prior to the wet season to ensure that the pumps to function properly to maintain the lagoon levels during winter storms.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foster City does herby:

1. Find the repair of the lagoon pumps exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15302, Class 2 (Replacement or Reconstruction) as the repair involves replacement of existing water lines located on the same site and for the same purpose as those replaced; and

2. Approve the appropriation of $75,000 from fund 001 to Account No. 001-0920- 431-4246; and

3. Approve the sole source purchase from Cummins, Inc.

5.6 Attachment 1 - Resolution
99 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on August 19, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

5.6 Attachment 1 - Resolution
100

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 101

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 102

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 103

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 104

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 105

5.6 Attachment 2 - Quote from Cummins, Inc. for Engine 3 106

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 107

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 108

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 109

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 110

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 111

5.6 Attachment 3 - Quote from Cummins, Inc. for Engine 4 112
DATE: August 19, 2024
TO: Mayor and Members of City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director
Kurt Zander, Building and Vehicle Maintenance Manager
DEPARTMENT: Public Works
SUBJECT: ISSUANCE OF A REQUEST FOR PROPOSAL FOR CITYWIDE

HEATING, VENTILATION AND AIR CONDITIONING (HVAC)

SYSTEM PROGRAMMED MAINTENANCE AND SYSTEM
REPAIR FROM JANUARY 1, 2025 TO DECEMBER 31, 2027

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the issuance of a Request for Proposal (RFP) for Citywide HVAC System Programmed Maintenance and System Repair from January 1, 2025, through December 31, 2027, with the option to extend through December 31, 2029, and finding that this action is not a project under Section 15378 of the CEQA guidelines.

EXECUTIVE SUMMARY
The attached RFP was developed to address routine HVAC maintenance and to allow the City to engage the same vendor to repair unforeseen issues on existing HVAC equipment.

The scope of work requested under this RFP includes routine service and standard repairs to existing equipment. It does not include “stand alone” replacement projects or improvement projects.

BACKGROUND
The Building Maintenance Division of the Public Works Department maintains all of the

5.7 5.7 Staff Report
113
City’s buildings and facilities. The City contracts for routine HVAC service and repair for these buildings and facilities, which is specialized work that requires certifications not held by Building Maintenance Division staff.

ANALYSIS
The scope of work for HVAC programmed maintenance and system repair included in the attached RFP applies to the following City facilities:
• Corporation Yard
• City Hall
• Council Chambers
• Fire Administration (First Floor EOC)
• Police Station
• Library/Community Center
• Recreation Center/Senior Wing
• Teen Center
The current schedule for the Recreation Center Rebuild project anticipates construction from October 2024 until June 2026, after which the HVAC system should be under warranty for another year or more, so the RFP makes it clear that services and pricing provided through this RFP for the Recreation Center will be utilized only if the project schedule is adjusted such that the building is open during the term of the agreement.

Extensions will be exercised with attention to the progress of the project and anticipated completion dates.

Staff recommends that the RFP seek pricing for repairs to the system on a time and materials basis to allow staff to use the regular service vendor to also perform repairs.

Thus, the attached RFP was developed to address not only programmed maintenance, but also to allow the City to engage the vendor to repair unforeseen issues on existing HVAC equipment.

Repair costs associated with the HVAC system vary from year to year and are difficult to forecast. The agreement will allow the selected vendor to perform repairs to existing HVAC equipment at a set time and materials rate. Foster City Municipal Code section

3.04.170 (B) defines a “public project” to include, among other things, repair work involving any publicly owned, leased or operated facility. However, because public projects less than or equal to $60,000 may be performed by negotiated contract or by purchase order, any repairs required will be for an amount not to exceed $60,000 per single repair.

This agreement is not intended to encompass “stand alone” replacement or improvements projects, or major repairs which will continue to be performed pursuant to State law, the City’s Purchasing Ordinance, and the City’s Purchasing Policy.

5.7 5.7 Staff Report
114
Proposed Timeline:

August 20, 2024: Issue Request for Proposal
September 17, 2024: Proposals Due
November 4, 2024: City Council Awards Contract
January 1, 2025: Vendor begins to Provide Service
CEQA
This action is not a project under Section 15378 of the CEQA Guidelines, as the issuance of an RFP has no potential for a direct or indirect physical change in the environment.

Therefore, no CEQA review is required.

FISCAL IMPACT
There is no significant cost to issue the RFP. The fiscal impact of the agreement will be discussed in the staff report that accompanies the agreement award.

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

Attachment 1 - Resolution
Attachment 2 - Cover Letter and RFP for HVAC System Programmed Maintenance and System Repair

5.7 5.7 Staff Report
115
RESOLUTION NO. __________

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

AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR CITYWIDE

HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM PROGRAMMED MAINTENANCE AND SYSTEM REPAIR FROM JANUARY 1, 2025 TO DECEMBER 31, 2027, WITH THE OPTION TO EXTEND THROUGH DECEMBER 31, 2029

CITY OF FOSTER CITY
WHEREAS, the Building Maintenance Division of the Public Works Department maintains all of the City’s buildings and facilities and City contracts for routine HVAC service and repair for these buildings and facilities, which is specialized work that requires certifications not held by Building Maintenance Division staff; and WHEREAS, the scope of work for HVAC programmed maintenance and system repair included in the attached Request for Proposal applies to facilities throughout the City; and
WHEREAS, repair costs associated with the HVAC system vary from year to year and are difficult to forecast and agreement will allow the selected vendor to perform repairs to existing HVAC equipment at a set time and materials rate; and WHEREAS, the issuance of a Request for Proposals (RFP), will solicit contractors for Citywide HVAC maintenance and repair services from January 1, 2025, through December 31, 2027, with the option to extend through December 31, 2029, and find that this action is not a project under Section 15378 of the CEQA Guidelines, as the issuance of an RFP has no potential for a direct or indirect physical change in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance of a Request for Proposals for Citywide HVAC System Programmed Maintenance and System Repair from January 1, 2025, through December 31, 2027, with the option to extend through December 31, 2029.

5.7 Attachment 1 - Resolution
116
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.7 Attachment 1 - Resolution
117
Building Maintenance Division
100 Lincoln Centre Drive
Foster City, CA 94404
August 20, 2024
SUBJECT: Request for Proposal – Annual HVAC Programmed Maintenance and System Repairs Dear Contractor,
You are invited to submit a proposal to provide HVAC Programmed Maintenance and System Repairs for City of Foster City facilities as outlined and delineated on the attached Scope of Services. Proposals are due to City Hall, 610 Foster City Boulevard, Foster City, CA 94404, before 4:00 PM on Tuesday, September 17, 2024.

PROJECT REQUIREMENTS
The work includes furnishing all materials, labor, and equipment required to complete the work. Your proposal must include the required services detailed in the Scope of Work for each of the following facilities:
• City Hall (610 Foster City Boulevard)
• Council Chambers (620 Foster City Boulevard)
• Police Station (1030 East Hillsdale Boulevard)
• Library/Community Center (1000 E. Hillsdale Boulevard) • Recreation Center/Senior Wing (650 Shell Boulevard)*
• The VIBE Teen Center (670 Shell Boulevard)
• Corporation Yard (100 Lincoln Centre Drive)
*The Recreation Center is anticipated to be under construction for the term of this agreement, so services and pricing provided for this facility will only be activated if the project schedule is significantly adjusted such that the building is open during the contract term.

ALL PROPOSERS MUST BE DELTA DIGITAL CONTROLS DISTRIBUTORS

CONTRACT
The initial contract period shall be from January 1, 2025, through December 31, 2027. The contract may be renewed in one-year (12 months) increments up to two (2) additional years, at the sole discretion of the City.

The successful proposer will be required to enter into and abide by the terms of the attached Vendor

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 118
Agreement for Annual Heating, Ventilation, and Air Conditioning (HVAC) System Programmed Maintenance and System Repair, including its insurance requirements. Proposals must be prepared to include all contract requirements.

PROPOSALS
Each proposer must submit five (5) fully completed copies of the BID PROPOSAL FORM in a sealed envelope. Proposers may, at their option, include five (5) copies of up to one (1) additional page with supplemental information.

Proposals will be evaluated based on the Proposal Routine Maintenance Cost, Hourly Labor Rates for System Repair, and other information outlined in the Request for Proposal. The City will evaluate each of the proposers’ qualifications and references and may conduct interviews with the proposers to provide an opportunity for proposers to demonstrate their qualifications for the proposed services. Based on these processes, the City will select a contractor and negotiate a final fee for the services delineated in the Scope of Work. The contractor must be ready to execute the Agreement within ten (10) days of award.

REQUESTS FOR ADDITIONAL INFORMATION
The City reserves the right to seek clarification or additional information from any vendor throughout the solicitation process. The City may require a Vendor’s representative to answer questions during the evaluation process with regard to the Vendor’s proposal. Failure of a Vendor to demonstrate that the claims made in its proposal are accurate may be sufficient cause for deeming a proposal non-responsive.

OPTIONAL PRE-BID CONFERENCE MEETING
Proposers may request to schedule a walk-through of the City locations with Building Maintenance staff prior to submitting a proposal. Walk-throughs can be scheduled by contacting Lead Building Maintenance Worker JR Delfin at 650-787-8036 or [email protected] or Buildings Administrative Assistant Jill Salvato at (650) 286-3554 or [email protected]. Walk-throughs will be scheduled based upon the availability of Building Maintenance staff and must be requested at least one week in advance of the preferred walk-through date.

Sincerely,
Kurt Zander
Building Maintenance Manager
Enclosures:
(1) Request for Proposals: Annual HVAC Programmed Maintenance and System Repairs for City Buildings
(2) City of Foster City Proposer Response Form
(3) Vendor Agreement for Annual Heating, Ventilation, and Air Conditioning (HVAC) System Programmed Maintenance and System Repair

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 119
1 Building Maintenance Division
100 Lincoln Centre Drive
Foster City, CA 94404

REQUEST FOR PROPOSAL

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS FOR CITY BUILDINGS RFP ISSUED: August 20, 2024
PROPOSALS DUE: September 17, 2024, by 4 PM to City Hall, 610 Foster City Boulevard, Foster City, CA
The Proposal Form consists of 6 parts:
• CITY OF FOSTER CITY PROPOSAL FORM
• AUTHORIZATION FOR RELEASE OF PERFORMANCE INFORMATION AND WAIVER • CERTIFICATE OF INSURABILITY
• CONTRACT REVIEW STATEMENT
• NON-COLLUSION DECLARATION
Questions regarding this RFP may be directed to Kurt Zander, Buildings and Vehicles Maintenance Manager, at 650-918-9480 or [email protected].

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 120

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
2 PROJECT: CONTRACT PERIOD:

CITY OF FOSTER CITY –

ANNUAL HVAC PROGRAMMED MAINTENANCE

AND SYSTEM REPAIRS
January 1, 2025 through December 31, 2027 with
City option to extend through December 31, 2029
SECTION 1: Contact Information

1. COMPANY NAME

2. CONTRACTOR

LICENSE NUMBER

3. FEDERAL TAX ID NUMBER

4. YEARS IN BUSINESS

5. BILLING ADDRESS 6.CITY 7. STATE/ZIP

8. TELEPHONE 9. FAX 10. EMAIL

11. CONTACT PERSON 12. TITLE
SECTION 2: Addenda
I acknowledge receipt of the following addenda:

Addenda Number Date
SECTION 3: Qualifications

1. List all Vendor Licenses, Certifications, Experience, Qualifications, Reputation, Service Capabilities and Quality Related to HVAC Maintenance.

2. Delta Digital Controls Requirement – Check the box that applies ☐ Proposer is A Delta Digital Controls Distributor OR
☐ Proposer has included Delta parts, pricing, and controls service staff info on the optional supplementation information sheet.

3. Add any other qualifications, certifications and/or training below and/or on the optional supplemental information sheet.

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 121

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
3 SECTION 4: Conflict of Interest
☐ By checking this box, the proposer confirms that this engagement will not result in a conflict of interest for the organization or any of its team members.

SECTION 5: References
Include at least three (3) organizations which can be used as references for performance of similar services. Proposers shall endeavor to include references from public sector agencies.

Reference 1:

AGENCY/COMPANY NAME

CONTACT PERSON CONTACT PHONE

DESCRIPTION OF SERVICES

Reference 2:

AGENCY/COMPANY NAME

CONTACT PERSON CONTACT PHONE

DESCRIPTION OF SERVICES

Reference 3:

AGENCY/COMPANY NAME

CONTACT PERSON CONTACT PHONE

DESCRIPTION OF SERVICES

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 122

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
4 SECTION 6: Proposal Cost
Part A: Proposed Annual Cost for Programmed Maintenance Include all labor, materials, and equipment necessary to perform the Scope of Work listed in Exhibit A to the attached Vendor Agreement.

Facility Proposed Annual Cost
Controls Annual Maintenance (All buildings) - 2x Annually $ City Hall (610 Foster City Boulevard) – 4x Annually $
Council Chambers (620 Foster City Boulevard) – 3x Annually $ Police Station (1030 East Hillsdale Boulevard) – 4x Annually $ Library/Community Center (1000 E. Hillsdale Boulevard) – 4x Annually $ Recreation Center/Senior Wing (650 Shell Boulevard) – 4x Annually *Service may not be required depending upon the demolition and construction schedule
$
The VIBE Teen Center (670 Shell Boulevard) – 3x Annually $ Corporation Yard (100 Lincoln Centre Drive) – 4x Annually $ Total Cost per Year (All maintenance in all buildings) $ Part B: Proposed Hourly Rates for System Repairs
System Repairs will be ordered as needed on a “Time and Materials” basis, up to a maximum of $150,000 per year, and not to exceed $60,000, including time and materials, per single repair under this agreement. Enter personnel type and labor rates for any personnel who may be deployed for system repairs. Cost of materials shall be paid by City and the Proposer proposes a ______% mark-up to be applied to all materials costs and shall provide documentation of all such costs to be paid by the City.

Enter Personnel Type Enter Personnel Type Enter Personnel Type Enter Personnel Type Standard Rate $ $ $ $
Weekday Overtime Rate $ $ $ $
Weekend Overtime Rate $ $ $ $
Holiday Rate $ $ $ $
Other (Specify) $ $ $ $
Other (Specify) $ $ $ $
Part C: Annual Increases
Enter the proposed annual % increase to the total Annual Cost for Programmed Maintenance which shall be applied at the end of the first year of the contract term, and every year thereafter. The City will not accept any proposal that proposes more than a 3% annual increase.

Proposed annual increase to Annual Cost for Programmed Maintenance: _______________%

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 123

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
5 SECTION 7: Submittal guidelines
Submit five (5) hard copies of this proposal form and optional additional one-page supplemental information sheet in a sealed envelope no later than by 4 PM on Tuesday, September 17, 2025, to:

Kurt Zander
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
Late proposals will not be considered.

In accordance with the Request for Proposal, the undersigned declares that the services offered are in accordance with all requirements of the CITY detailed therein. Further, the undersigned declares that he/she is authorized to enter into agreement on behalf of the above named business and it is hereby understood that the above proposal reflects the cost of all services outlined in the Scope of Services.

SIGNATURE PRINTED NAME DATE

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 124

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
6 AUTHORIZATION FOR RELEASE OF PERFORMANCE INFORMATION AND WAIVER I, _______________________, the undersigned, on behalf of ______________________ (this company), do hereby consent and authorize all those companies and government entities listed in my Proposer Response Form and any other government entity for whom this company has performed professional services, to disclose and release to the City of Foster City, or their representatives, information, records and opinions concerning this company’s design performance.

The purpose of this disclosure is to provide references to the City of Foster City. ___________________________ hereby waives any claim it may have against the City of Foster City or any company or entity providing information to the City of Foster City by reason of any information being disclosed or opinions provided regarding the actions or performance of this company.

This authorization for disclosure of information is effective for one year.

This consent or copy of this authorization shall be as valid and effective as the original.

Dated: __________________________________

By: ____________________________________

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 125

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
7 CERTIFICATE OF INSURABILITY
I hereby certify that as a Proposer to City of Foster City for a contractor services contract, I am fully aware of Insurance Requirements contained in the Contract and by the submission of this Proposal, I hereby assure the City of Foster City that I am able to produce the insurance coverage required should I be selected to be awarded the contract.

Should I be awarded the Contract by the City of Foster City, and then become unable to produce the insurance coverage specified within ten (10) working days, I am fully aware and understand that I may not be considered for further projects by the City of Foster City.

______________________________________
Signature of Applicant

______________________________________
Date

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CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
8 CONTRACT REVIEW STATEMENT
As a Proposer to City of Foster City for a Contractor Services Agreement Contract, I hereby certify that I have reviewed the Contractor Services Agreement (draft version) and have listed any objections to the Agreement terms below. The response shall clearly identify if the attached contract is acceptable in all respects including warranty, insurance, and document ownership and retention requirements. If the contract is not acceptable, the response shall identify the unacceptable clauses and shall provide suggested alternate language. General or vague statements or invitations to discuss further are not adequate answers.

I am aware that any objections to the Contractor Services Agreement (draft version) will be considered and included in the City’s evaluation of my firm’s qualifications. I am also aware, if I fail to list any objections to the City’s Contractor Services Agreement (draft version), I will not be allowed to raise any objections later if selected as the most qualified Applicant.

__________________________________________
Signature of Applicant

_________________________________________
Date

Specific Objections:
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

5.7 Attachment 2 - Cover Letter and Request for Proposal for HVAC System Programmed 127

CITY OF FOSTER CITY PROPOSER RESPONSE FORM

ANNUAL HVAC PROGRAMMED MAINTENANCE AND SYSTEM REPAIRS
9 NON-COLLUSION DECLARATION
(PUBLIC CONTRACT CODE SECTION 7106)
I, ____________________ declare under penalty of perjury that I am _______________________ (sole owner, partner, president, etc.) of ________________________________(company name), the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from submitting a proposal; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposed prices of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal prices, or of that of any other proposer, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury that the foregoing is true and correct and this was executed on the date show below at _______________________________________, (City, State)

Dated: ____________________________
NAME OF PROPOSER: ____________________________________
Signature: ___________________________________________

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1 VENDOR AGREEMENT FOR

ANNUAL HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM

PROGRAMMED MAINTENANCE AND SYSTEM REPAIR
This Agreement is made and entered into as of the _____ day of _______, 2024 by and between the City of Foster City hereinafter called "CITY" and _________ 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 qualified 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.

2. Term; Termination.
(a) The term of this Agreement shall commence upon January 1, 2025 and shall expire upon December 31, 2027, unless extended at the CITY’s

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2 sole discretion for up to two (2) one-year (12 months) increments. CITY shall give VENDOR notice of its wish to renew at least 90 days prior to end of the existing term.
(b) Notwithstanding the provisions of (a) above, the City may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate VENDOR for any product delivered and/or for services rendered, and reimburse VENDOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion.

Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

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 sums indicated in Exhibit B, 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 Council evidenced by motion duly made and carried.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event 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.

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3 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. It is understood that the relationship of VENDOR to the CITY is that of an independent contractor and all persons working for or under the direction of VENDOR are its agents or employees and not agents or employees of the CITY.

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 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. 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 and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of VENDOR, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of VENDOR to indemnify and save harmless, as set forth herein,

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4 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.

11. Insurance. VENDOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to VENDOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for
bodily injury or disease
Commercial General $1,000,000 per occurrence and
Liability $2,000,000 aggregate for bodily
injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for
bodily injury and property
damage (coverage required to
the extent applicable to
VENDOR’s vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for

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5 coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

VENDOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by VENDOR shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. VENDOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, VENDOR shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, VENDOR must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under VENDOR’s insurance policy shall be primary and non-contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of VENDOR’s insurance and not contributory with it. VENDOR and its insurer may not seek contribution from CITY’s insurance or self-insurance.

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

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with subsubcontractors to the extent that they apply to the scope of the subsubcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

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.

12. 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.

13. 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

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7 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.

14. 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
Attention: Building and Vehicle Maintenance Manager Kurt Zander VENDOR: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________

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

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

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

18. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

19. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making

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8 a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

20. Conflict of Interest. VENDOR may serve other clients, but none who are active within the City of Foster City or who conduct business that would place VENDOR in a "conflict of interest" as that term is defined in State law.

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

22. PREVAILING WAGES. The services to be performed, and specifically repair services, include public works within the meaning of Labor Code Sections 1720 through 1861, and VENDOR must comply with state laws pertaining to prevailing wage and labor requirements, as more fully described in Exhibit E attached hereto and incorporated in this Agreement by reference.

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

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9 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
VENDOR
Dated:

Name & Title of VENDOR Authorized to Sign

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10 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

ANNUAL HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM

PROGRAMMED MAINTENANCE AND SYSTEM REPAIR
Locations to Be Serviced:

Location Name Address
Annual Service FrequencyHVAC UnitsBoiler UnitsExhaust Fan Units Controls Annual Maintenance All Buildings 1x NA NA NA
Police Station 1030 E. Hillsdale Bl. 4x 17 0 4
Council Chambers 620 Foster City Bl. 3x 10 0 2
City Hall 610 Foster City Bl. 4x 6 2 6
Library/Community Center 1000 Shell Bl. 4x 2 1 3
Recreation/Senior Center*
*Contingent on demolition*
650 Shell Bl. 4x 21 0 8
Corporation Yard 100 Lincoln Centre Dr. 4x 2 1 5
Teen Center 670 Shell Bl. 3x 4 0 4
* *Service may not be required depending upon the building demolition and construction schedule PART A: PROGRAMMED MAINTENANCE TASKS

PACKAGE AIR CONDITIONING UNITS & HEAT PUMPS

1. Lubricate fan bearings per manufacturer’s recommendation.

2. Check belts and sheaves, adjust as required.

3. Check coils for leaks.

4. Lubricate dampers and linkages.

5. Check drain pan and drains.

6. Inspect filters and change quarterly.

7. Check motor operating conditions.

8. Inspect electrical connections, contactors, relays, and operation/safety controls.

9. Check compressor oil level if accessible.

10. Check crankcase heater operation.

11. Start compressor. Check operation conditions.

12. Secure unit panels and inspect roof curb flashing.

13. Inspect temperature, safety and operational controls.

14. Check burner section for cleanliness and proper operation if applicable.

15. Check reversing valve operation if applicable.

16. Boiler Maintenance bi-annually

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11 CONDENSING UNITS — AIR COOLED

1. Review manufacturer's recommendation for start-up.

2. Energize crank case heater per manufacturer's recommendation for warm-up.

3. Visually inspect for leaks.

4. Vent system of trapped air.

5. Inspect electrical connections, contactors, relays, and operating/safety controls.

6. Check compressor oil level.

7. Check and test all operation controls.

8. Check operation conditions.

FAN COIL UNITS

1. Inspect motor.

2. Lubricate fan bearings

3. Inspect coil(s) for leak dependent on accessibility.

4. Inspect drain pan and trap.

5. Inspect belt and adjust tension.

6. Test operation unit internal on-off switch.

7. Clean or change filters per schedule.

8. Check condensate pump.

BOILERS

1. Inspect fireside of boiler and record condition.

2. Brush soot and dirt from flues and combustion chamber.

3. Inspect firebrick and refractory.

4. Visually inspect boiler pressure vessel for possible leaks and record condition.

5. Inspect low-water cutoff, manifolds and tubes. Clean as necessary.

6. Check hand valves and automatic feed equipment.

7. Inspect burner, flame detector and combustion air equipment.

8. Check fuel piping for leaks and proper support.

9. Check burner sequence or operation and combustion air equipment.

10. Check fuel supply.

11. Check auxiliary equipment operation.

12. Inspect burner, boiler and controls prior to start-up.

13. Start burner, check operation controls.

14. Check compressor unit.

15. Inspect spark igniter and replaced as scheduled.

16. Inspect and clean manifolds and tubes as necessary.

17. Test safety controls.

EXHAUST FAN UNITS

1. Inspect fan belts for wear and tension.

2. Check shaft bearing lubrication.

3. Remove exterior dust build-up on motor housing to insure proper motor cooling.

4. Inspect electrical connections and operation/safety controls.

5. Check motor operation conditions.

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12 BUILDING AUTOMATION SYSTEM
Up to FOUR scheduled EIGHT-hour visits per year to accomplish the following:

1. Software maintenance, file maintenance and backups (on-site) and system optimization.

2. Investigation of reported problems from trouble log.

3. Control sequence evaluation, modification and enhancement.

4. Historical log review.

5. Field sensor verification and calibration spot checks.

6. Hardware communication tests and functional verification.

7. Control program and loop evaluation, modification and enhancement.

8. Hours of service: VENDOR shall be available for extra calls on a daily basis, five days per week, Monday through Friday. Standard hours are 7:00 am to 4:00 pm Monday through Friday.

9. Response time to an after-hours request must be within four hours.

Programmed Maintenance Project Schedule: As shown in chart above.

PART B: SYSTEM REPAIR
As authorized by the City, perform repairs and preventative maintenance not covered in Part A of the Scope of work on existing whole system components, encompassing all system parts from package units to vents, as needed and authorized by City staff by written Task Order . Examples may include but are not limited to repair of leaks, replacement of failed parts, electrical issues, mechanical failures, valve replacement.

Under no circumstances shall any single repair under this agreement exceed a total cost, including time and materials, of $60,000.

System Repair Project Schedule: As needed

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13 EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Summary
Annual Programmed Maintenance Contract
Services (Not to exceed amount):
$
System Repair Contract Services: As authorized by City based on time and materials at hourly rates
below not to exceed the sum
$100,000 (one hundred thousand
dollars) annually
Annual Increases
After the first calendar year of the Term of the Agreement, and after each subsequent year, including extensions pursuant to Section 2 of the Agreement, the not-to-exceed compensation paid to VENDOR for Programmed Maintenance shall increase ___%.

Itemized Fees
Project Payment Schedule
Milestone
- For Programmed Maintenance: Upon billing for service at rates based upon proposal; separate bills for each building and each service - For System Repair: Upon billing for service at time and materials cost at rates shown below. Invoices shall specify the building location of the work and specify work undertaken, number of hours, hourly rate for all personnel, materials used and cost for materials. The cost of materials shall be paid by the City upon documentation of such costs, plus Vendor’s markup of ________%.

Hourly Labor Rates for System Repair/Preventative Maintenance of Existing Equipment Days of Week/Time of
Day
Rate Per Hour Annual Increase to
Rate
Standard Rate %
Overtime Rate %
Weekend Rate %
Holiday Rate %

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14 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1. VENDOR MUST BE A DELTA DIGITAL CONTROLS DISTRIBUTOR or provide Delta parts pricing and controls service staff info with proposal.

2. Service representative must check in with City Staff when on-site for scheduled service.

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15 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.

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

Other:

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

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.

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

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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16 Exhibit E

LABOR CODE REQUIREMENTS FOR PUBLIC WORKS PROJECTS

1. Public Works Project/ Prevailing Wage. The work to be performed under this Agreement is for “Public Works” within the meaning of Labor Code Sections 1720 to 1861. CONTRACTOR must therefore comply with state prevailing wage and labor law (California Labor Code Sections 1720 to 1780, California Code of Regulations, Chapter 8, Subchapter 3, commencing with Section 16000) for work performed under this Agreement. CONTRACTOR’s obligations under prevailing wage and labor compliance laws include, among other things, to: pay at least the applicable prevailing wage and travel and subsistence payments for public works activities performed under this Agreement; comply with overtime and working hour requirements; comply with apprenticeship obligations; comply with payroll recordkeeping requirements; and comply with other obligations as required by law.

Copies of the applicable prevailing wage rates are on file with the CITY’s Project Manager, and shall be made available to any interested party upon request.

CONTRACTOR shall ensure that the above requirements are included in all its contracts and any lower tier subcontracts for activities for the Project.

2. Registration with Department of Industrial Relations. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

CONTRACTOR must be registered with the Department of Industrial Relations under Labor Code section 1725.5 when bidding and throughout performance of this agreement.

3. Wage Rates.
3(A). It shall be mandatory upon CONTRACTOR and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that CONTRACTOR shall, as a penalty to CITY, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less than the stipulated prevailing rates for any work done under this Agreement by CONTRACTOR or by any subcontractor; and CONTRACTOR agrees to comply with all provisions of Section 1775 of the Labor Code.
3(B). The CITY will not recognize any claim for additional compensation because of the payment by the CONTRACTOR of any wage rate in excess of the prevailing wage rate set forth in the Agreement. The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining its bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Agreement.

4. Payroll Records. The CONTRACTOR and each subcontractor must comply with Labor Code Section 1776 and all requirements of contractors stated therein for the maintenance, inspection and certification of payroll records. The CONTRACTOR

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17 and each subcontractor who fails to timely furnish payroll records or make the records available for inspection will forfeit to the CITY the penalty for noncompliance set forth in Labor Code Section 1776 for their respective failure.

5. Discrimination. The CONTRACTOR and each subcontractor must comply with the anti-discrimination requirements of Labor Code Section 1777.6.

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DATE: August 19, 2024
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: ADMINISTRATIVE SERVICES
SUBJECT: AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL

EMPLOYEES (AFSCME) MEMORANDUM OF UNDERSTANDING
EFFECTIVE SEPTEMBER 9, 2024, THROUGH SEPTEMBER 8,
2027

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (hereinafter referred to as “City Council”) adopt the attached resolutions (Attachments 1 and 2) approving the Memorandum of Understanding (MOU), effective September 9, 2024, through September 8, 2027, for the American Federation of State, County and Municipal Employees (AFSCME) and approve an appropriation of an additional $200,863 to the Fiscal Year 2024-2025 Budget.

EXECUTIVE SUMMARY
The current MOU for employees represented by AFSCME is set to expire on September 8, 2024. The City’s labor negotiation team and the AFSCME negotiation team met several times and reached a tentative agreement on August 6, 2024.

Members of the AFSCME unit ratified the tentative agreement on August 12, 2024.

The good faith efforts of the bargaining teams resulted in the attached three-year agreement that includes increases to compensation (wages and health benefit contributions), a commitment to discuss three items in April 2025, language changes within the contract and in the second year of the agreement adjustments to the Certification Pay program.

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BACKGROUND/ANALYSIS
The current MOU with AFSCME is set to expire on September 8, 2024. Starting in March 2024, the City/District labor negotiation team continued to negotiate in good faith with the AFSCME negotiation team. After eight negotiation sessions, and over 40 hours of meetings, we were able to reach a tentative agreement within the parameters provided by the City Council. AFSCME brought forward the tentative agreement to their membership, and it was ratified by the group on August 12, 2024. The tentatively agreed upon changes to the MOU are:

Term: Three years, effective September 9, 2024, through September 8, 2027 Wages: Effective September 9, 2024 – a 3.8% increase to base salary.

Effective September 9, 2025, an across-the-board increase based on the Aprilto-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

Effective September 9, 2026, an across-the-board increase based on the Aprilto-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

Classifications identified in the Koff & Associates classification and compensation study will have market adjustments as other Foster City employees had implemented with an effective date of June 1, 2023.

Flexible Benefit Plan (Medical, Dental, Vision): Effective January 1, 2025, the Employer’s contribution towards the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser HMO Basic Premium Region 1 rate for Public Agencies. The contract also states that the Employer’s contribution will be adjusted January 1, 2026 and January 1, 2027 using the same Kaiser plan increase.

Items to Discuss in April 2025:
• Consideration by the parties to implement Juneteenth as an observed holiday.
• Review the VEBA contract language after guidance with an expert in Internal Revenue Code Section 501(c)(9), including the possibility of employees who retire from the City putting 50% of their sick leave payout into their VEBA account.
• Meet and confer over job descriptions that were recommended by Koff & Associates but may have additional changes from management.

Certification Pay: In the second year of the contract, effective September 9, 2025, additional opportunity for certification pay has been established by adding job knowledge and safety related certifications to the eligibility list with an increase in the maximum amount per year from $750 to $1,000.

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Language Revision: Revised language regarding the grievance process and arbitration process in line with other local cities in San Mateo County and our San Mateo Consolidated Fire Department.

Staff is recommending the City Council approve the MOU with an effective date of September 9, 2024 (Attachment 3). Upon adoption, negotiation team members will sign the attached MOU and staff will implement the provisions of the MOU.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The City Council adopted the FY 2024-2025 budget which included a 3% placeholder increase in wages for the AFSCME employees. The additional 0.8% and provisions negotiated in this agreement require a supplemental budget appropriation of $200,863 to various funds as noted below.

Amount
General Fund 001 $153,670
General Fund 003 $ 5,552
CalOpps Fund 114 $ 309
Water Enterprise Fund 401 $ 6,215
Wastewater Enterprise Fund 451 $ 6,518
Vehicle Internal Service Fund 501 $ 8,090
Information Technology Internal Service Fund 504 $ 193
Building Maintenance Internal Service Fund 505 $20,316
Total $200,863

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective September 9, 2024 through September 8, 2027

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RESOLUTION NO. _____________

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

APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE AMERICAN

FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 57, LOCAL 829, EFFECTIVE SEPTEMBER 9, 2024

CITY OF FOSTER CITY
WHEREAS, the City and the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 have met in good faith and agreed upon a three-year memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby
1) approve effective September 9, 2024, the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, for the period September 9, 2024, through September 8, 2027, and
2) authorize additional appropriations totaling $200,863 in Fiscal Year 2024-2025 for the following funds as noted below
Amount
General Fund 001 $153,670
General Fund 003 $ 5,552
CalOpps Fund 114 $ 309
Water Enterprise Fund 401 $ 6,215
Wastewater Enterprise Fund 451 $ 6,518
Vehicle Internal Service Fund 501 $ 8,090
Information Technology Internal Service Fund 504 $ 193
Building Maintenance Internal Service Fund 505 $20,316
Total $200,863
3) authorize the Finance Director to further allocate the above amounts to the applicable account objects within these Funds.

5.8 Attachment 1 - City Resolution
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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19th day of August 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING

FOR THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 57, LOCAL 829, EFFECTIVE SEPTEMBER 9, 2024

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the City and the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 have met in good faith and agreed upon a three-year memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby
1) approve effective September 9, 2024, the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, for the period September 9, 2024, through September 8, 2027, and
2) authorize additional appropriations totaling $200,863 in Fiscal Year 2024-2025 for the following funds as noted below
Amount
General Fund 001 $153,670
General Fund 003 $ 5,552
CalOpps Fund 114 $ 309
Water Enterprise Fund 401 $ 6,215
Wastewater Enterprise Fund 451 $ 6,518
Vehicle Internal Service Fund 501 $ 8,090
Information Technology Internal Service Fund 504 $ 193
Building Maintenance Internal Service Fund 505 $20,316
Total $200,863
3) authorize the Finance Director to further allocate the above amounts to the applicable account objects within these Funds.

5.8 Attachment 2 - EMID Resolution
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PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 19th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.8 Attachment 2 - EMID Resolution
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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT

DISTRICT
AND
COUNCIL 57, LOCAL 829

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES
EFFECTIVE SEPTEMBER 9, 2024,

THROUGH
SEPTEMBER 8, 2027

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Table of Contents
Article 1. WAGES AND OTHER COMPENSATION .................................................................... 4 Section 1 – Wages and Retirement........................................................................................................ 4 Section 2 – Merit Increases ................................................................................................................... 6 Section 3 – Probationary Period ............................................................................................................ 6 Section 4 – Pay for Work in Higher Class............................................................................................. 6 Section 5 – Work Week.......................................................................................................................... 7 Section 6 – Premium / Additional Pays................................................................................................. 8 Section 7 – Certification Accomplishment Pay................................................................................... 12 Section 8 – Flexible Benefits Plan....................................................................................................... 15 Section 9 – Long Term /Accident Disability Insurance....................................................................... 16 Section 10 – Life Insurance Premium ................................................................................................. 16 Section 11 – Sick Leave Payment ....................................................................................................... 16 Section 12 – Employee Assistance Program (EAP)............................................................................ 16 Section 13 – Voluntary Deferred Compensation Program................................................................... 16 Section 14 – Employee Service Recognition Plan............................................................................... 17 Section 15 – Vision / Professional Development Reimbursement ...................................................... 18 Section 16 – VEBA Program.............................................................................................................. 18 Article 2 HOLIDAYS........................................................................................................................ 20 Section 1 – Official City/District Holidays.......................................................................................... 20 Article 3 VACATION AND OTHER LEAVES.............................................................................. 21 Section 1 – Vacation Accrual .............................................................................................................. 21 Section 2 – Discretionary Leave.......................................................................................................... 22 Section 3 – Service Recognition Leave ............................................................................................... 22 Section 4 – Funeral / Bereavement Leave ........................................................................................... 22 Section 5 – Sick Leave Accrual and Use............................................................................................. 23 Section 6 – Industrial Disability Leave................................................................................................ 24 Section 7 – Other Leave Provisions..................................................................................................... 24 Article 4 REPRESENTATION ........................................................................................................ 25 Section 1 – Advance Notice ................................................................................................................ 25 Section 2 – Stewards............................................................................................................................ 25 Section 3 – Representation for Employees at Interviews..................................................................... 26 Section 4 – Bulletin Boards................................................................................................................. 26 Article 5 DUES DEDUCTION......................................................................................................... 27

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Section 1 – Dues Deduction ................................................................................................................ 27 Section 2 – PEOPLE Deduction .......................................................................................................... 28 Section 3 – Hold Harmless.................................................................................................................. 28 Article 6 SAFETY.............................................................................................................................. 29 Section 1 – Safety Program................................................................................................................. 29 Article 7 GRIEVANCE PROCEDURE........................................................................................... 29 Section 1 – Grievance Procedure ........................................................................................................ 29 Article 8 LAYOFF PROCEDURE................................................................................................... 32 Section 1 – Definition.......................................................................................................................... 32 Section 2 – Notice to Employees......................................................................................................... 32 Section 3 – Layoff Order and Procedure............................................................................................. 32 Section 4 – Priority Employment Rights............................................................................................. 33 Section 5 – Reemployment Lists......................................................................................................... 33 Section 6 – Status of Laid Off Employees .......................................................................................... 33 Section 7 – Fringe Benefits................................................................................................................. 33 Section 8 – Reemployment.................................................................................................................. 34 Section 9 – Status of Rehired Employees............................................................................................ 34 Section 10 – Anniversary Date of Rehired Employees........................................................................ 35 Section 11 – Pay of Rehired Employees.............................................................................................. 35 Section 12 – Medical Examination for Rehires................................................................................... 35 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT .................. 36 Section 1 – Non-Discrimination .......................................................................................................... 36 Section 2 – Access to Personnel Files................................................................................................. 36 Section 3 – Job Specifications............................................................................................................. 36 Section 4 – Personnel Rules................................................................................................................ 37 Section 5 – Transfer, Promotion, Demotion........................................................................................ 37 Section 6 – Discipline, Discharge ....................................................................................................... 37 Section 7 – Light Duty / Light Work................................................................................................... 38 Section 8 – Seniority............................................................................................................................ 38 Section 9 – Uniform Policy................................................................................................................. 38 Section 10 – Education and Career Development................................................................................ 40 Section 11 – Contracting Work ........................................................................................................... 40 Section 12 – Temporary Employees ................................................................................................... 40 Section 13 – Labor Management Committee (LMC).......................................................................... 40

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Section 14 – Meet and Confer ............................................................................................................ 41 Article 11 PROVISIONS OF LAW ................................................................................................. 42 Section 1 – City / District Rights......................................................................................................... 42 Section 2 – Effect of Agreement.......................................................................................................... 42 Section 3 – Statement of Understanding ............................................................................................. 42 Section 4 – Severability....................................................................................................................... 42 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING.................................... 43 Attachment A....................................................................................................................................... 44 Attachment B Salaries ......................................................................................................................... 45 Attachment C....................................................................................................................................... 46 Attachment D ...................................................................................................................................... 47

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156
4 MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND
COUNCIL 57, LOCAL 829

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES This Memorandum of Understanding is entered into by the City of Foster City/Estero Municipal Improvement District (hereinafter referred to as the City/District) and the American Federation of State, County and Municipal Employees, Council 57, Local 829 (hereinafter referred to as the Union or AFSCME) pursuant to and subject to Section 3500 et seq. of the Government Code of the State of California (hereinafter referred to as MOU). The City/District acknowledges that AFSCME is the recognized employee organization which, within the scope of representation, represents the bargaining unit consisting of all regular employees in the classifications listed in Attachment A.

Hereinafter "Employees" shall mean employees serving in classifications assigned to the AFSCME bargaining unit as defined above.

The staff representatives of the City/District (hereinafter referred to as Management) and the representatives of the Union have met and conferred in good faith, exchanged proposals, and have agreed to the adjustments to wages, hours, and other terms and conditions of employment for the above-described Union. The Union agreesto recommend favorably to its membersthe adjustments set forth herein, and Management agrees to recommend to the City Council of the City of Foster City/Board of Directors of the Estero Municipal Improvement District (hereinafter referred to as the Council/Board) that the adjustments set forth herein be adopted in full by the Council/Board in the manner and procedure prescribed by law. By their signatures, the representatives of both parties attest to agreement on the adjustments set forth herein.

Article 1. WAGES AND OTHER

COMPENSATION
Section 1 – Wages and Retirement

1.1 Effective September 9, 2024, an across-the-board wage increase for all bargaining unit classifications shall be equal to three-point eight percent (3.8%). The wages for classes represented by the Union shall be as stated in Attachment B.

1.2 Effective September 9, 2025, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2024 to April 2025 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

1.3 Effective September 9, 2026, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2025 to April 2026 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

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5 The following classifications will have a revision to all steps associated with the position effective June 1, 2023, using the salary only market data provided by Koff & Associates. The following positions and adjustments are proposed:
o Building Maintenance Worker II – 0.6%
o Building Permit Technician II – create by increasing current salary of Building Permit Technician I by 17%
o Building Permit Technician I – 5.03%
o Code Enforcement Officer II – 18.7%
o Senior Community Services Officer – 5.5%
o Mechanic II – create by increasing current salary of Mechanic I by 2.5% o Police Records Specialist – 3.2%
Current non-probationary Building Permit Technician I be reclassified to Building Permit Technician II.

Current Mechanic I be reclassified to Mechanic II.

1.4 The City/District contracted with the Public Employees Retirement System (PERS) to provide the 2.7%@ 55 retirement plan for miscellaneous Employees effective October 1, 2007. Upon implementation of the 2.7%@55 benefit, the Employee Service Recognition Plan as set forth in Section 14 terminated, except as provided in Section 14.1 (Employees who retired prior to the implementation of the 2.7%@55 retirement benefit). Effective January 1, 2013, the City/District no longer offered the 2.7%@ 55 retirement benefit formula to new Employees. All miscellaneous Employees hired on or before December 31, 2012, will continue to be afforded the 2.7%@55 retirement benefit formula. Effective January 1, 2013, the Public Employees Pension Reform Act (PEPRA) requires new miscellaneous Employees to enroll in the 2%@62 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in P.E.R.S. or a reciprocal retirementsystem or (b) someone previously in P.E.R.S. or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013, as classic members.

1.5 Employee contributions to PERS shall be administered in accordance with Internal Revenue Code Section 414 (h)(2).

1.6 The City/District has contracted with PERS to provide the 4th Level of 1959 Survivor Benefits.

1.7 The City/District shall continue to contract with PERS to provide the Military Service Credit.

1.8 Effective April 1, 2022, the parties agree that Classic employees will pay/contribute 0.5% toward the Employer’s PERS contribution rate.

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6 Section 2 – Merit Increases
Upon satisfactory completion of six (6) months of the required probationary period, a merit increase to the next higher step in the salary range shall be granted to eligible Employees. Each twelve (12) months thereafter, upon the anniversary of such first merit increase, and until the maximum pay range established for the job class has been reached, each Employee receiving a satisfactory performance evaluation shall receive a merit increase to the next higher step.

Employee shall not receive annual merit increases beyond the maximum step of the salary range for the established job class.

Section 3 – Probationary Period

3.1 The probationary period for new Employees shall be for a period of not less than twelve (12) months of actual service. The length of the promotional probationary period shall be for a period of not less than six (6) months of actualservice. If a promotional probationary Employee is rejected at any time, the Employee will maintain the ability to return to his/her previous job if the position is still vacant, as provided in the City/District Personnel Rules and Regulations (hereinafter referred to as City/District Personnel Rules).

3.2 Further provisions regarding probationary periods are found in the City/District Personnel Rules.

Section 4 – Pay for Work in Higher Class

4.1 In order to receive additional compensation for performing duties assigned to a higher job class, all the following conditions must be met:
a. The Employee must receive prior written approval from the employee’s department head before performing such duties;
b. The Employee must be assigned to perform the duties of the higher job class; and c. The duration of the assignment shall be for a minimum of four (4) consecutive full working days in that higher job class. Pay shall be retroactive to the first day.

4.2 If a higher job classification is vacant or filled by another employee who is absent, the City shall offer such higher-class work opportunities to AFSCME-represented employees if a positions work is vacant/unfilled for four (4) or more days.

4.3 An Employee who believes the employee is performing the duties of a vacant position or an absent Employee in a higher class but has not received prior written approval from the employee’s department head or division head shall immediately notify the employee’s Human Resources in writing. H u m a n R e s o u r c e s w i l l f o l l o w - u p w i t h the Department Head or designee and approve or deny, within one business day, the Employee’s inquiry.

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7 4.4 Compensation for performing duties assigned to a higher job class shall be paid at the first step of that higher class or at a step which is not less than 5% more than the Employee's current rate, whichever is more, provided the maximum pay step is not exceeded. The pay rate established for work in a higher class shall be considered the straight rate of pay for an Employee so assigned.

4.5 The maximum amount of time allowed to work out of class shall not exceed three (3) months unless required due to business need. No Employee shall be required regularly to perform the duties of another classification except in an emergency situation.

Section 5 – Work Week

5.1 The work week shall be forty (40) hours within seven (7) consecutive days. Employees shall be scheduled to work on regular work shifts, with regular starting and quitting times. The standard work week consists of eight (8) hour days five (5) days per week. Eligible Employees may work a 9/80 work schedule under which Employees work nine (9) hour days four (4) days per week, plus one eight (8) hour day once every two weeks. The work week under the 9/80 schedule is defined as 40 hours per week and will begin four (4) hours after the start time of each employee’s eight (8) hour day. The Alternative Work Schedule Policy located on the City/District’s intranet provides details on the 9/80 schedule. Changes to the schedule, including start shift times, will be met and conferred on.

5.2 An Employee who is required to work in excess of a regularly scheduled workday shall not be required to reduce another regularly scheduled work week in whole or in part to compensate for that additional time worked.

5.3 Hours Off Between Shifts Nothing herein shall prohibit department management from occasionally adjusting regular shift work hours by up to four hours earlier or later or days of a regular shift due to a special event or circumstance with at least 48 hours advance notice to the affected Employee(s). For example, the 7:00 am to 4:30 pm regular shift could be adjusted to 5:00 am to 2:30 pm or 10:00 am to 7:30 pm.

When Employees are scheduled to work shifts which have been changed, to accommodate business needs of the City/District, eight hours of off-duty time will be scheduled between shifts. If eight (8) hours of time between shifts cannot be granted, all time worked on the second shift shall be paid at the overtime rate of time-and-one-half. Any off-duty time necessary to provide eight (8) hours between shifts will be paid at straight time.

Hours off between shifts shall also apply to Employees attending training, meetings, conferences or any other job-related event in which an Employee is required to be present.

5.4 Rest Periods after Extended Shift
An Employee, who works more than fourteen (14) hours during a twenty-four (24) hour period, starting at the beginning of the Employee’s regularly scheduled start time, shall be entitled to receive a ten (10) hour rest period before returning to duty. Such rest period shall commence when the Employee goes off duty.

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8 Should the ten (10) hour rest period extend beyond the starting time of the Employee’s regular shift, the Employee shall be required to work only the remainder of that shift but shall be compensated as though the employee had worked the entire shift.

Should an Employee who has worked more than fourteen (14) hours in a twenty-four (24) hour period be required to return to duty prior to completion of the ten (10) hour rest period, that Employee shall be compensated at one and one-half (1-1/2) times the employee’s regular rate of pay for the time remaining in the rest period.

Shifts not filled on a voluntary basis will require Employees to be mandated to work based on seniority from lowest to highest.

5.5 Day Light Savings Time
Employees who work during the twice annual daylight change over period will be given one hour overtime in the fall when their shift is extended by one hour and will need to take one hour of leave in the spring when their shift is reduced by an hour.

Section 6 – Premium / Additional Pays

6.1 Overtime and Compensatory Leave - An Employee who is required to work in excess of the regular working hours during any one work day or who is required to attend a meeting not held during regular working hours (e.g., Planning Commission meeting), shall be compensated by overtime pay at the rate of one and one-half times the Employee's straight rate of pay (e.g., base pay plus any applicable additional pay in Sections 7.1 and 7.2) or by compensatory time off at the rate of one and one-half times the hours worked.

6.2 All work in excess of regular working hours shall be subject to prior approval of the department head.

6.3 Additionally, supervisors may give approval for overtime pay or compensatory time off according to the aforementioned rates in Article 6.1, for instances where workloads are high, during emergencies or for other business needs of the City.

Overtime and Compensatory Leave Time opportunities will be assigned to employees in the following manner (does not apply to emergencies):
a. The City will first offer voluntary overtime work to employees within their division based on the basis of seniority.
b. In the event that the City has a need for mandatory Overtime work, any such mandatory Overtime needs will be filled by first soliciting volunteers. If two or more employee volunteer for a mandatory Overtime work assignment, the City shall select volunteers according to order of seniority.
c. In the event that there are insufficient volunteers for mandatory Overtime work, the City shall fill its mandatory Overtime needs by assigning such work according to reverse order of seniority.
d. In instances where Overtime assignments are filled by employees voluntarily in order of

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9 seniority, after an employee has accepted such an Overtime assignment, then that employee’s name will be rotated to the end of the Overtime Seniority Rotation List. In instances where mandatory Overtime assignments are filled by employees non-voluntarily in reverse order of seniority, then that employee’s name will be rotated to the end of the Overtime Reverse Seniority Rotation List. The rotation of employees’ names to the end of the City Seniority Lists will be done to allow for an equal rotation of Overtime assignments among employees as far as is practicable.

6.4 Compensatory Leave Accrual - No Employee shall be allowed to accumulate more than 120 hours of compensatory leave (80 straight hours worked).

6.5 Work on a Holiday - An Employee who is required to work on an authorized holiday shall be compensated at the rate of one and one-half times the hours worked in addition to the usual straight time pay for the holiday.

For purposes of determining eligibility for premium pay for work on a holiday, the authorized holiday shall be defined as the day observed by the City/District as an official holiday in accordance with Section 17, or as the actual date of the holiday, but not both.

6.6 Night Shift Differential – Effective July 1, 2001, there shall be a $1.10 per hour shift differential for any maintenance Employees who work non-overtime hours between 10 p.m. and 6 a.m.

6.7 Callback Pay – An Employee recalled to work outside of and not continuous with an Employee’s regularly scheduled hours of work shall be paid a minimum of two hours at the rate of one and one-half times the Employee's regular straight-time rate of pay. An Employee shall not receive additional two-hour payments for multiple callbacks that occur within one two-hour period. Pay shall include hours worked only and shall exclude any travel time.

When a maintenance Employee is on the premises prior to the beginning of their scheduled shift and responds to a call to work, they shall be paid at the overtime rate as follows:
a. One hour for work within one hour of the start of their shift. b. Two hours for work between one and two hours prior to the start of their shift.

6.8 Standby Pay - To provide for operation and maintenance of water and sewer systems, designated Employees shall be available as scheduled based on item (j) below. The following rules and regulations are established with regard to "standby pay". a. Off-hour service (i.e., service outside the Employee's 40-hour work week) shall be provided by standby Employees.
b. Employees shall be specifically assigned standby duty by department management.

Department management will first request volunteers and then assign employees based on seniority from lowest to highest. The routine standby period shall be one week. Employees on the standby list who do not wish to work standby on their given date(s) can change or trade the assignment if they can find another eligible Employee to fill the employee’s day or week

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10 on standby. The employee shall be responsible for notifying management of the replacement in advance. In the event a replacement cannot be found, it is the responsibility of the Employee to work standby as assigned.
c. Standby pay for a regularly scheduled workday (Monday through Friday) shall be $75 per calendar day of standby.
d. Standby pay for a non-regularly scheduled workday (e.g., weekend days, 9/80 day off) shall be $100 per calendar day of standby.
e. In addition to standby pay provided in (c) and (d), standby Employees who are called for service during off-duty hours by an authorized Employee shall be compensated for hours worked pursuant to Section 6.1 Overtime and Compensatory Leave, based on hours worked only and shall exclude any travel time. Pay or compensatory leave shall not be less than three (3) hours at the rate of time and one-half. The standby Employee shall perform a Yard Check on Saturdays, Sundays and holidays. The Yard Check shall be completed between 6:00 a.m. and 10:00 a.m. Performance of the Yard Check shall adhere to the “Standby S.O.P. For Public Works Maintenance Employees”. Employees completing the Yard Check will receive three (3) hours of pay at time and one-half. On weekends or holidays,should the standby Employee be on a call between the hours of 5:00 a.m. to 10:00 a.m., upon resolving the original problem, the Employee shall complete the Yard Check before returning home. In this situation, the Employee will receive the minimum of three
(3) hours of pay at time and one-half for completing the call and the Yard Check. There will not be an additional three (3) hours pay at time and one-half for the Yard Check. If the call and the Yard Check exceed three (3) hours, the standby Employee will receive pay forthe total hours worked at time and one-half. Standby Employees shall advise the Public Safety dispatcher of arrival and departure from City/District facilities when called for service. If the standby Employee receives an additional call within fifteen (15) minutes of contacting Public Safety Dispatch that the employee is departing from City/District facilities, the standby Employee will return to the City/District and continue working at time and one half pay. This will not generate an additional call back minimum. If the standby Employee receives an additional call from Public Safety Dispatch, the employee is still within the three (3) hour time frame from the initial call and sixteen (16) minutes or more have passed since departing City/District facilities, the Employee will return to the City/District and be paid for a minimum of two (2) hours at time and one half.
f. Standby Employees may take home a City/District service vehicle to be used only for official business of the City/District. Employees who elect to use a City/District vehicle must sign a Vehicle Use Declaration and Acknowledgement Form.
g. Standby Employees will be covered by Worker's Compensation in accordance with current State law.
h. The City/District shall provide one cell phone to be used by Employees assigned to standby duty. Employees shall be responsible for negligent loss of or damage to the standby cell phone.

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11 i. An Employee assigned to standby duty for sewage lift station emergencies, which involve work below ground, shall comply with all the standards and procedures outlined in the City/District's Confined Space Policy which is included in the Citywide Safety Program Manual, and which shall comply with all appropriate Federal or State regulations. j. Routine One-Week Standby Schedule:

Standby Period Schedule
Monday 4:30 p.m. to 7:00 a.m. Tuesday 14.5 hours
Tuesday 4:30 p.m. to 7:00 a.m. Wednesday 14.5 hours
Wednesday 4:30 p.m. to 7:00 a.m. Thursday 14.5 hours
Thursday 4:30 p.m. to 7:00 a.m. Friday 14.5 hours
Friday 3:30 p.m. to 7:00 a.m. Saturday 14.5 hours
Saturday 7:00 a.m. to 7:00 a.m. Sunday 24.0 hours
Sunday 7:00 a.m. to 7:00 a.m. Monday 24.0 hours
120.5 hours
k. When a maintenance Employee is called more than once between the hours of 12 midnight and 6 a.m. in any 24-hour period which does not result in a response (no call back pay applies), the Employee shall receive one (1) hour of straight-time pay.

6.9 Court-Time Pay - Senior Community Service Officers subpoenaed to court in their capacity as an Employee of the City/District during off-duty hours shall receive a minimum of four (4) hours paid at a rate of time and one-half. However, if the scheduled court appearance falls within one hour prior to the commencement of his/her scheduled shift, or within one hour after the end of his/her scheduled shift, the Employee shall receive a maximum of two (2) hours paid at a rate of time and one-half.

6.10 Senior Community Service Officers required to be on telephonic standby for purposes of appearing in court during off duty hours, pursuant to a subpoena or at the direction of the District Attorney or the City Attorney shall be paid standby pay at half (1/2) of their overtime pay rate to a maximum of four (4) hours pay at the overtime rate per day.

6.11 Special Assignment Pay – An Employee who performs a substantial portion of specially assigned work that includes lead worker duties including supervising staff, special projects, or other work which may be deemed to be working outside of one’s specified job classification, that is otherwise not considered to be working in a higher class as specified in Section 4, shall be eligible to receive up to a 10% differential above the Employee’s regular base pay rate, subject to the prior approval of the department head and the City/District Manager. The special assignment must be for a period of not less than two weeks.

6.12 Each premium pay shall be based on the Employee's straight time rate of pay per hour.

6.13 Release Time – When a Maintenance Employee has worked overtime equal to or greater than two (2) hours between the hours of 10:00pm and 7:00am on any one night between Sunday evening and Friday morning, for safety reasons, paid release time will be granted in thirty

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12 (30) minute increments equal to the time worked and will not provide for fractions of hours that are less than thirty (30) minutes. The employee and his/her Supervisor shall mutually agree on whether the paid release time will be taken at the beginning or the end of the employees’ shift, taking into consideration the maintenance of a safe working environment and needs of the business.

6.14 Special Shift Change – A special shift change would require employees to work during traditional graveyard hours for special projects and/or planned service needs. All special shift changes must have a minimum of 120 hours (5 business days) notice. A special shift change will be a minimum of two consecutive shifts. A special shift that exceeds the employees’ normal 8-hour workday (9 hours if they are on the 9/80 work schedule) will be paid at time and one half. The special shift that is scheduled will be considered one continuous shift even when it is divided between two calendar days.

When there is a Special Shift Change, management will first determine the number of employees required from each Department, Division and Job Classification. Management will first take volunteers by Job Classification and then select employees based on seniority within each job classification to ensure half of the employees on the special shift represent the more senior ranks of the job classification and the other half of the employees on the special shift represent the more junior ranks of the job classification. Management will use reasonable efforts to ensure all employees work one special shift before selecting employees to work a second special shift. The selection process will ensure cross training of all employees.

Section 7 – Certification Accomplishment Pay
Certification pays for Maintenance classifications shall be an annual payment on the payroll check upon renewal. In order to continue to receive the certification pay, Employees are required to maintain their certification level and provide their direct supervisor with the proper certification renewal documents to maintain certification pay level. Employees failing to recertify and/or not providing documentation of certification renewal will have their certification pay reduced accordingly. To ensure proper processing and no loss of certification pay, all certification documents should be provided to their direct supervisor upon completion of the certification. On July 1 of each year, the Parks and Public Works Department supervisors will submit a completed and signed Personnel Action Form for each Employee’s certification pay based on the certificates held by the Employee on July 1 to the Finance Department, and the certification pay to the Employee shall be made upon the Finance Department’s receipt of the Personnel Action Form. Employees who obtain additional certificates after July 1, will be compensated up to the maximum limit for the fiscal year upon the Finance Department’s receipt of a completed and signed Personnel Action Form.

7.1 Employees in the maintenance classifications and the Senior Engineering Technician who earn City/District-approved and endorsed certifications, or who successfully renew their existing certifications, are eligible to earn certificate pay as listed below. The total maximum annual certificate pay for multiple earned or renewed certificates shall not exceed $1,000 in Fiscal Year 2024 – 2025 and on-going. While an Employee can only receive certificate pay for the highest certificate obtained in each series (not an aggregate), an Employee is eligible for certificate pay for certificates held in two or more of the series, subject to the Fiscal Year

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13 maximum. For example, an Employee who holds two Grade 1 certificates in different series would be eligible for a total certificate pay of $400. Employees in the Public Works Maintenance Worker II classification are required to have at least one of the Grade certificates listed below.

Department of Health Services(DOHS) Water Distribution
Department of Health Services (DOHS) Water Treatment
California Water Environment Association (CWEA) California Water Pollution Control Association (CWPCA)
Grade 1 - $200
Grade 2 - $300
Grade 3 - $400
Grade 4 - $500
Grade 5 - $600
The following certifications are also eligible for an annual certification pay at the amounts listed below for a fiscal year total of $1,000:

Qualified Applicator Certificate Holder (QAC) -
$250 Pest Control Advisor Certificate Holder (PCA)
- $300 Backflow Prevention License - $300
Certified Arborist (ISA) - $300”
Certified Playground Safety Inspector (CPSI) -
$300 Building Operator Certification (BOC) -
$300 Master Gardener - $200
First Aid/CPR Instructor - $200
Effective September 9, 2025, the following certifications are also eligible for an annual certification pay at the amounts listed below for a fiscal year total of $1,000:
o Class B license ($200 a year)
o NPDES Stormwater Certificate for all AFSCME bargaining unit employees in the Public Works Department ($200 a year)
o IMSA Certifications: A: Traffic Signal Technician I B: Traffic Signal Technician II C:

Traffic Signal Senior Field Technician III D: Work Zone Temporary Traffic Control Certification for all AFSCME bargaining unit employees in the Public Works Department and Parks Maintenance Division ($200 each to a maximum of $600 a year) o Building Operator Certification BOC Level II for all AFSCME bargaining unit employees in the Building Division ($400 a year-not cumulative)
o International Code Council (ICC) Permit Technician Certification, Commercial and Residential Building, Electrical, Plumbing and Mechanical Inspector/Plan Examiner Certification, Swimming Pools and Spas CLA Credential, and Certified Access Specialist (CASp) for the Building Permit Technician, Code Enforcement Officer Is and IIs, and Plans Examiner ($100 each to a maximum of $900 a year)
o Automotive Service Excellence (ASE) A1 – A8 for Equipment Maintenance Worker and Mechanic I ($200 each up to the maximum of $1,000 a year)

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14 o M1 Motorcycle Drivers License for the Equipment Maintenance Worker and Mechanic I ($200 a year)
In addition, AFSCME Employees who are not in the maintenance or Senior Engineering Technician classifications are eligible for the First Aid/CPR Instructor certification accomplishment pay of $200 per year.”

7.2 Employees in the building inspection classifications who earn City/District-approved and endorsed certifications listed from a recognized model code certification program are eligible to earn certificate pay as follows:
a. $100/month Building, Plumbing, Electrical and Mechanical Inspector
b. Additional $100/month Either Building Plans Examiner or Certified Access Specialist issued by the State of California; or Build it Green New Home or a LEED Accredited Professional.
c. Additional $100/month Any one certificate listed in b) that has not been previously earned or a combination of two (2) of the
following:

Pre-stressed Concrete Special Inspector
Reinforced Concrete Special Inspector
Structural Masonry Special Inspector
Structural Steel/Welding Special Inspector
Spray-Applied Fireproofing Special Inspector
Electrical Plans Examiner
Plumbing Plans Examiner
Mechanic Plans Examiner Green
Building Plans Examiner Fire
Plans Examiner
Certified Building Official
Certified Fire Marshal Fire
Inspector I or II Green
Building Inspector
CalEMA-SAP Disaster Response Inspector

7.2.1 Building Inspectors with a Residential Fire Protection Systems Inspector certificate will earn $200/month certificate pay.

7.3 The maximum certificate pay is $500 per month, a maximum of $300/month for certifications outlined in Section 7.2 (a), (b) and (c) and/or $200/month for the certification outlined in Section 7.2.1. Employees holding certificates listed in Sections 7.2 and/or 7.2.1 on July 1, 2015, were immediately eligible for the certificate pay amounts listed in Sections

7.2 and 7.2.1 upon submission of supporting documentation to their direct supervisor.

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15 7.4 Accounting Specialist and Senior Accounting Specialist receive a 5% monthly education incentive after providing proof of Bachelor’s degree effective 9/9/2025 o Not a cumulative incentive. Employee receives percentage based on highest degree Accounting Specialist and Senior Accounting Specialist receive a 2.5% monthly education incentive after providing proof of Associates degree effective 9/9/2025 Section 8 – Flexible Benefits Plan

8.1 The City/District shall offer a Flexible Benefits Plan and make monthly contributions for employee benefit allowances for allocation to health, dental, optional vision insurance premiums, health and dependent care flexible spending accounts asfollows effective January 1, 2024:

Employee and Family Members
Enrolled in Medical Plan Choice
Contribution
Amount
1/1/2024
No Plan $1,123
Employee Only $1,490
Employee + One $2,138
Employee + Two or More $2,703
Employee and Family Members
Enrolled in Medical Plan Choice
Contribution
Amount
1/1/2025
No Plan $1,224
Employee Only $1,624
Employee + One $2,330
Employee + Two or More $2,945
o Effective January 1, 2026, and effective January 1, 2027, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 Rate.

8.2 Employees who have any leftover benefit allowance available after deducting all selected plan premium amounts may annually choose to allocate remaining funds into a flexible spending account (Section 125 plan), provided the allocations are within the IRS limits; or receive as taxable cash.

8.3 The City/District will assume the third-party administration costs for participation in the health and/or dependentreimbursement plans. A plan participant is defined as any Employee for whom the third-party plan administrator charges a fee. This provision does not apply to the VEBA program which is covered in Section 16 of this MOU.

8.4 Family members include state-registered domestic partners, and their dependents as recognized by the State of California.

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16 8.5 Employees who opt out of health plan coverage through the City/District must annually provide proof of insurance in order to be eligible for the “no plan” contribution amount in Section 8.1.

Coverage that is received through a healthcare exchange is not valid for purposes or receiving the “no plan” contribution.

Section 9 – Long Term /Accident Disability Insurance

9.1 The City/District shall pay the full premium amount necessary to provide Long Term Disability (LTD) insurance for Employees.

Section 10 – Life Insurance Premium

10.1 The City/District shall pay the full premium amount necessary to provide $75,000 term life insurance policy plus the same amount of Accidental Death and Dismemberment (AD&D) insurance for each Employee.

Section 11 – Sick Leave Payment
General Provisions

11.1 Employees who have completed six (6) months of service and terminate their employment in good standing shall receive compensation for unused sick leave in a sum equal to twenty- five percent (25%) of the prescribed value of unused sick leave.

11.2 The prescribed value of unused sick leave shall be calculated as follows:
▪ 25% of the total dollar value of sick leave at the rate of pay at the time of termination will be the sick leave payment.

Section 12 – Employee Assistance Program (EAP)
The City/District and the Union have a mutual interest in the health and welfare of its Employees. To this end, both parties will work cooperatively to utilize the employee assistance program as described in the City/District Employee Assistance Program Combined Evidence of Coverage and Disclosure Form. The City/District bears the full cost of the program and reserves the right to modify benefits and change providers of the EAP at its discretion, based on cost and service considerations. The City/District will give notice and seek input and feedback from the Union prior to implementing changes in providers or benefits. Stateregistered domestic partners and their dependents as recognized and allowable by the EAP provider are considered eligible family members for EAP benefits.

Section 13 – Voluntary Deferred Compensation Program

13.1 AFSCME Employees shall be eligible to participate in the City/District voluntary deferred compensation program in accordance with Internal Revenue Code Section 457 (457 Plan). Information about the 457 Plan options is available on the City/District’s intranet. The plan year for Employee contributions to the 457 Plan is the calendar year, January 1 to December.

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17 13.2. The maximum voluntary contribution to any Employee’s account shall be that amount established by law.

Section 14 – Employee Service Recognition Plan

14.1 Effective July 1, 2001, the City/District implemented an Employee Service Recognition Plan to recognize Employees’ length ofservice with the City/District and to offset retiree medical costs for Employees who retire from the City/District. Effective October 1, 2007, the City/District adopted the 2.7% at 55 retirement benefit and amended this provision to only apply to those Employees who retired from City/District service prior to the implementation of the 2.7% at 55 retirement benefit.

14.2 Employees eligible for the Employee Service Recognition Plan who retire from the City/District as defined by P.E.R.S., whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefits payment as outlined in the table in Section 14.3 below starting at the beginning of the first calendar month following retirement.

14.3 Effective July 1, 2006, the monthly benefit payments for the Employee Service Recognition Plan shall be as follows:

Years of Service Upon Retirement Monthly Benefit Amount Day 1, Year 10 through Year 14 $125
Day 1, Year 15 through Year 19 $200
Day 1, Year 20 through Year 24 $275
Day 1, Year 25 and thereafter $350

14.4 The monthly benefit as described in Section 14.3 is payable to the Employee up until the Employee’s death. Benefits shall cease on the first day of the calendar month following the Employee’s death.

14.5 Prior to implementation of the Plan, the City/District determined a third-party administrator was not necessary to establish and administer the Plan. If the City/District makes a contrary determination in the future, such decision will be discussed upon mutual consent with the Union prior to implementation and will be mutually agreed upon. If a third-party administrator is used, any recurring administrative fees associated with administering the plan shall be paid by the participating Employees. The City/District shall also strive to implement the Plan in accordance with Internal Revenue Code statutes and in a manner that minimizes the tax liability of the Employee to the extent possible.

14.6 Retirees currently receiving plan benefits will be eligible for future benefits enhancements and increases as negotiated in future MOU’s.

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18 Section 15 – Vision / Professional Development Reimbursement The City/District shall reimburse, upon presentation of proper documentation as outlined below, up to $200 per fiscal year (July through June of the following year) for the following items:

Vision –Presentation of bills from a qualified optometrist and/or optician towards the cost of the Employee's eye examination, prescription eyeglasses and/or contact lenses, reading glasses, and sun/safety glasses. Corrective lens surgery (e.g., laser surgery) shall be reimbursable for a one-time reimbursement of $200. Employees are only eligible for the sun/safety eyewear benefit if they are using these for protective eyewear for safety reasons to perform their job functions.

Professional Development – Professional development expensesincluding the following: the cost of certificate programs, seminars, workshops, conferences; job-related books, tapes, or training programs. Reimbursement for such expenses must be approved by the Department Head. These expenses must be career/job related, and not provided through any other budgetary means such as the City/District-wide training fund, or departmental travel/meeting funds.

Section 16 – VEBA Program

VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution postretirement medical benefit for employees. Per the City’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

Specific information regarding the Plan will be referenced in the Plan Document.

A VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified long-term care insurance premiums, and other qualified unreimbursed medical expenses and will not be taxed under current state and federal law. Withdrawals cannot be made for non- medical purposes.

The purpose of the VEBA (Voluntary Employee Beneficiary Account) Trust is to provide employees with the ability to plan for future as well as current health care expenses. Expenses such as unreimbursed medical premiums, copayments and pharmacy charges are all eligible expenses under a VEBA Trust arrangement. Employees will realize a significant benefit since eligible contributions to a VEBA Trust are tax exempt and the reimbursed expenses from the VEBA Trust are also tax exempt.

Contribution amounts may be changed by a separate vote of Union Members that is not in conjunction with a contract ratification vote or election of Stewards/Officers. The contribution amounts will have to be uniform for all Employees and must conform to the IRS regulations. If there is a change in the contribution amounts, it only changes the contribution amounts for Employees already participating in the VEBA program and new hires to the Bargaining Unit or internal transfers into the Bargaining Unit.

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19 Employee Contributions Participation in the VEBA Trust by an Employee requires a payroll deduction each pay period to fund the Employee’s account. The Union determined that contributions to the VEBA are:

Years of Service Contribution Amount Per Pay Period
0 to 5 $25.00
6 to 10 $50.00
11 to 20 $100.00
21 or more $150.00
Contributions made by an eligible Employee must be made through payroll deductions. Eligible Employees cannot make direct contributions to the VEBA Trust. Once separated from the City/District, the Employee can no longer make contributions to the VEBA Trust.

Sick Leave – as of July 1, 2012, upon retirement/separation of employment, 100% of the Employee’s sick leave balance payout (25% of the total dollar value – Section 11 in MOU) will be contributed to the employee’s VEBA account subject to Union compliance with Federal rules associated with contributions of accrued time into a deferred medical expense account.

Vacation Leave – as of July 1, 2012, upon retirement/separation of employment, 50% of the Employee’s vacation leave payout will be contributed to his/her VEBA account. If an Employee elects to sell back any accrued vacation leave and/or contribute any accrued vacation leave to his/her 457 Plan account pursuant to Section 18.4, the VEBA vacation leave payout will be calculated by applying the 50% contribution amount percentage to the remaining balance of the Employee’s accrued vacation leave after the sell back and/or 457 Plan account contribution.

During the term of this MOU, the City/District and the Union may by mutual agreement reopen this Section of the MOU to discuss options for retirement medical savings. This discussion will only reopen this Section and will not affect any other section or attachment in this MOU.

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20 Article 2 HOLIDAYS
Section 1 – Official City/District Holidays
The following holidays are observed by the City/District:

New Year's Day, January 1
Martin Luther King, Jr. Day, January 15 or its legal substitute (third Monday in January)
President’s Day, February 22 or its legal substitute (third Monday in February) Memorial Day, May 31 or its legal substitute (last Monday in May) Independence Day, July 4
Labor Day, first Monday in September Veteran's
Day, November 11
Thanksgiving Day, fourth Thursday in November Day
after Thanksgiving, fourth Friday in November
Christmas Eve, December 24
Christmas Day, December 25
New Years’ Eve, December 31
When any day recognized as a holiday falls on a Sunday, the holiday shall be observed on the following Monday. When any day recognized as a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

With regard to the holidays on Christmas Eve (December 24) and New Years’ Eve (December 31) should either date fall on a Saturday or Sunday, the preceding Friday shall be observed. In the case where Christmas Day and/or New Years’ Day are observed on Friday, the corresponding Eve holiday shall be observed on Thursday.

Holidays shall have a compensatory value of eight (8) hours for each full holiday. Other provisions regarding official City/District holidays are found in the City/District Personnel Rules.

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21 Article 3 VACATION AND OTHER LEAVES
Section 1 – Vacation Accrual

1.1 Employees shall accrue vacation in accordance with the following schedule: such accrual shall not be credited until completion of the initial six (6) months of employment:

Hours per Maximum Years
of Service
Hrs. per Pay
Period
Max. Hours Days per Year
(8 hour days)
1 through 3 3.67 176 11
Day 1, Year 4 4.00 192 12
Day 1, Year 5 5.00 240 15
Day 1, Year 6 5.33 256 16
Day 1, Year 7 5.67 272 17
Day 1, Year 8 6.00 288 18
Day 1, Year 9 6.33 304 19
Day 1, Year 10 6.67 320 20
Day 1, Year 11 through 15 7.00 336 21
Day 1, Year 16 and thereafter 7.67 368 23

1.2 Employees shall accrue vacation leave only as it is earned. New Employees shall not be eligible to use any vacation leave, however, until after completion of their initial six months of employment.

1.3 Employees may use accrued vacation in no less than one half hour (1/2 hour) increments, subject to department head approval.

1.4 Vacation Accumulation - Employees shall not accumulate more than the equivalent of two annual vacation accruals. An Employee who accumulates vacation in excess of two annual vacation accruals shall not accrue additional hours until the balance is below maximum amount pursuant to this section.

Vacation use may be deferred by the written approval of the City/District Manager when in the best interests of City/District government and the Employee. Requests for deferring vacation use must be presented to the City/District Manager 60 days before the maximum accrual is reached.

It is the responsibility of Employees to review the vacation accrual balance printed on each paycheck stub to ensure that the employee uses vacation within two accrual years unless deferment is requested and obtained from the City/District Manager as provided herein.

Employees may cash out up to eighty (80) hours of accrued vacation leave once per calendar year in December. An Employee is eligible for this cash out option only if the employee has used at least forty-eight (48) hours of vacation leave in the previous twelve (12) month period and filed a vacation cash out request form with Human Resources no later than December 20th of the prior year. Payroll records will be used to determine whether or not an Employee

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22 has taken the required forty-eight (48) hours of vacation leave.

Thirty (30) days prior to separation, Employees may elect to contribute any or all of their accrued vacation leave balance to their 457 Plan account within applicable IRS limits. The number of vacation hours to be contributed must be accrued at the time of separation. If an Employee elects to contribute accrued vacation leave to the employee’s 457 Plan account and participates in VEBA, the VEBA vacation leave payout in Section 16.2 will be calculated by applying the 50% VEBA contribution amount percentage to the remaining balance of the employee’s accrued vacation leave after any cash out and/or 457 Plan contribution.

Section 2 – Discretionary Leave
Employees shall be entitled to thirty-two (32) hours of discretionary leave. Such time off shall be taken at the Employee's discretion contingent upon approval by the department head. Such time may not be taken in increments of lessthan one-half hour (30 minutes). The thirty- two (32) hours shall be credited at the beginning of the fiscal year. Twelve (12) hours may be carried over to the succeeding fiscal year and must be used within that subsequent fiscal year, otherwise they expire. The hours shall be prorated at the rate of 2.66 hours per month and may be used in advance subject to adjustments for periods of unpaid leave of absence and deduction from final paycheck should Employee not complete the fiscal year. Upon appointment, new Employees shall receive this leave on the same prorated basis. No Employee shall receive pay in lieu of time off.

Section 3 – Service Recognition Leave
In recognition of years of service Employees shall receive one time posting of service recognition leave hours asindicated below: 15 years of service 24 hours 20 years of service 32 hours
25 years of service 40 hours
30 years of service 48 hours
No Employee shall receive pay in lieu of time off. This special leave will be posted by Payroll automatically upon obtaining the above level of service and must be used within one year of the date of posting.

Section 4 – Funeral / Bereavement Leave
Regular and probationary employees shall be entitled to up to five (5) working days of time off for Bereavement leave for each occurrence of death of an immediate family member. Up to three (3) working days shall be paid by the City. If requested, up to two (2) additional working days shall be unpaid or, at the option of the employee, paid from the employee’s accrued leave banks (sick, vacation, discretionary and compensatory). Requests for any additional time must be approved by Administrative Services Director or their designee. Immediate family shall mean spouse, state-registered domestic partner, child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, fatherin-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother,

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23 grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law, or grandchildren. Other relatives and significant persons may be included with the approval of the Administrative Services Director.

Bereavement leave does not need to be taken consecutively and must be completed within three (3) months of the day of death of the family member.

Section 5 – Sick Leave Accrual and Use

5.1 Sick leave shall be accrued at a rate of 8.66 hours per calendar month for each month that a probationary or regular Employee has worked regularly scheduled hours. There shall be no maximum accumulation of sick leave. Sick leave shall be allowed and used only in cases when the Employee is too sick or disabled to safely and effectively perform the employee’s duties, for medical or dental treatment, or as authorized for funeral/emergency leave, family illness and injury (including state-registered domestic partners) as outlined in Section 5.2, and as an income supplement to worker's compensation benefits. In order to receive sick leave compensation while absent, an eligible Employee who is unable to report to work due to illness or injury shall notify the employee’s department head or supervisor, either in person or by voice mail, prior to or within one (1) hour after the time set for reporting to work.

5.2 Family sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the department head, to vacation or discretionary leave where the presence of the Employee elsewhere is essential because of illness, or disability of immediate members of the employee’s family. Immediate family means parent, spouse, state-registered domestic partner, dependent child, parent, parent-in-law,sibling, grandparent or grandchild. Nomore than half of the Employee’s annual accrual may be granted for family sick leave in any one calendar year. Any additional absences due to family illness or for other family members shall be charged to discretionary leave balances (e.g., vacation, compensatory time off, etc.).

5.3 Employees may be entitled to additional leave upon request, pursuant to Federal and State Family Leave laws. Use of sick leave will be allowed during an approved FMLA for a family member/family leave.

5.4 The patterns of use, frequency of occurrence, total hours used, and hours available compared to hours accrued for each Employee will be periodically and routinely reviewed by department management. Department standards will be communicated and applied to evaluate the individual use of this benefit. An improvement plan may be developed and implemented with approval of the department head, considering factors such as Employee's circumstances, the operational impact of the unscheduled absences and the obligation to provide consistency within the department.

5.5 Employees covered by this MOU are eligible to participate in a catastrophic leave donation program in accordance with the City/District's Catastrophic Leave Donation Policy.

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24 Section 6 – Industrial Disability Leave

6.1The City/District will pay full pay for the initial three (3) months to non-Safety Employees who suffer industrial disabilities and are on authorized disability leave. During this period, the Employee will accrue benefits, and the City/District will continue to contribute to benefits as usual. Employee will pay the usual portion of benefits.

Worker's Compensation benefits will be integrated, and checks endorsed to the City/District by Employee. No use of sick leave will be required during the first three (3) months.

6.2 After the first three (3) months of Industrial Disability Leave, until the Employee is determined to be able to return to work or permanent and stationary and unable to return to work, the Employee may integrate Worker's Compensation benefits with unused sick leave to assure no loss of compensation. The continuing eligibility for Employee benefits will be determined in accordance with insurance contracts, state and federal law, and City/District policy after the first three months.

Section 7 – Other Leave Provisions
Other provisions regarding leaves are found in the City/District Personnel Rules.

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25 Article 4 REPRESENTATION
Section 1 – Advance Notice

1.1 Except in cases of emergency as provided in this section, the City/District shall give reasonable written notice (hard copy or email) to the Union, if affected, of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City/District and shall give the Union the opportunity to meet and confer with the City/District.

In cases of emergency when the City/District determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting, the City/District shall provide such notice and opportunity to meet and confer at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation.

Section 2 – Stewards

2.1 The Union shall be entitled to three (3) Stewards (1- General Unit: Recreation, City Hall, Corporation Yard Administration, and Police Records/CSO, 1-Parks Maintenance and 1- Public Works Maintenance), unless the City/District and the Union, during the term of this MOU, mutually agree that a larger number is justified. Stewards shall:
a. Serve as the Union's representative during meet and confer sessions with City/District representatives; however, not more than one shall be from the same work crew for maintenance unit Employees, or from the same department for general unit Employees; b. Be the Union's official representatives on all City/District committees on which the Union is entitled to serve; and
c. Investigate and process grievances to assist other Employees in their unit. Only one (1) Steward shall process any one grievance. Time for such purpose shall not exceed four hours per month. A steward shall obtain permission from the employee’s supervisor before leaving the employee’s workstation and shall notify the employee’s supervisor when returning to work. This provision shall not be used to prevent Stewards from performing their duties set forth in this Section; and
d. Attend new Employee orientations for the purpose of informing Employees about Union representation. Human Resources will notify the appropriate Union Steward in advance of the time and place of a new Employee orientation. It is the responsibility of the notified Steward to arrange for an alternate Steward if the employee cannot attend.

Union Stewards are designated bargaining team members and shall be released when a session coincides with their work shift in order to attend and participate in the negotiations.

Union Stewards and alternates shall be released for sessions as needed and compensated if such negotiations sessions are held during the regular work hours. Advanced notice of the necessity for release shall be provided to the Department Head for all members of the AFSCME bargaining team by the City/District HR Director. The Union agrees to provide a 48-hour notice of the need to release an alternate Union Steward for negotiations. Such notice shall be waived in the event of an emergency. Time spent in negotiations outside of the

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26 Employee’s regular work schedule is not compensable.

2.2 Stewards shall serve as provided above unless the Union has designated, in writing, another Employee in their unit. Stewards and other Employees officially serving in the capacities outlined above shall be given reasonable time offwith pay on regularly scheduled workdays. Each Steward may have one Alternate Steward whose sole purpose shall be to serve in the absence of the Steward.

Section 3 – Representation for Employees at Interviews

3.1 Whenever an Employee is required to meet with a supervisor or other department management and the Employee reasonably anticipates that such meeting may result in adverse action, upon request the Employee shall be entitled to have a Steward or Union representative present. The Employee shall arrange for the presence of such representative at the earliest possible time. When such representative is not reasonably available and the circumstances warrant immediate inquiry and/or action, the City/District shall have the right to proceed, and the Employee shall have the right to have another Employee in his/her unit of the employee’s choice present as a witness. Human Resources will advise an employee of their rights to Union Representation during an investigatory interview.

Section 4 – Bulletin Boards
The Union is authorized to use portions of City/District bulletin boards under the following conditions:
a. All materials must receive the approval of the department management; b. All materials must be dated and indicate a removal date, and must identify the organization that posted them;
c. Materials which the department management considers objectionable will not be posted or will be removed if already posted, provided, however, the department management shall first discuss this denial with the City/District Manager; and d. Reasonable space (approximately 2 feet by 3 feet minimum) shall be allocated for Union use. The City/District reserves the right to determine where bulletin boards shall be placed.

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27 Article 5 DUES DEDUCTION
Section 1 – Dues Deduction

1.1 The City/District recognizes the American Federation of State, County and Municipal Employees, Local 829 as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Attachment A and as may be added to the unit by the City/District during the term of this MOU.

Use of Payroll Deduction – The Union shall have the privilege of using the City/District’s payroll system for the purpose of deducting Union dues and other lawfully permitted deductions from Employees’ pay for whom the Union is the recognized majority representative employee organization. This authorization shall not be provided to any other registered or recognized employee group or organization.

Amount of Deductions – The Union shall withhold dues and other lawfully permitted deductions in such amounts as are officially prescribed by the Union or are otherwise established by the terms of this MOU.

Authorization for Dues Deductions – The City/District shall withhold Union dues and/or other lawfully permitted deductions from the salary of an employee and remit withholdings to the Union or such other organization as is identified in this MOU as follows:

Authorization of File – The Employee shall have a written request and authorization for deduction of Union dues in effect upon the date this MOU is approved and adopted.

Authorization – The Employee shall submit to the Union and City/District (Human Resources Department) a written authorization for the deduction of Union dues during the term of this MOU.

Deduction Continuance – The Employee shall have such dues deductions continued during the term of this MOU, excepting that such an Employee shall be allowed to withdraw authorization for continued withholding of dues deductions during the last thirty (30) calendar days of the term of this MOU by filing a written statement withdrawing authorization for dues deductions with the City/District and the Union. Upon the receipt of such a withdrawal of authorization from an Employee, the City/District shall discontinue deducting Union dues from the salary of the Employee effective the first full pay period immediately following the expiration of this MOU. The City/District shall provide the Union with the names of Employees who have filed a withdrawal of authorization for Union dues deductions.

1.2 Compliance
Suspension of Dues, Fees, or In-Lieu Payments During Leave of Absence – An Employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues, agency fees, or make charitable contributions during the period of the Employee’s leave.

Notification of New Employees – The City/District shall notify the Union of the name,

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28 classification and date of hire of each new Employee appointed to a position covered by this MOU. Notice shall be provided to the Union within one (1) calendar month from the date of hire.

1.3 The City/District shall prepare and submit to the Union Business Agent twice a year in June and December or at the request of the Union, a current list, including name, department, and classification, of all City/District employees in classes represented by the Union.

Section 2 – PEOPLE Deduction
The City/District shall deduct voluntary contributions to Public Employees Organized to Promote Legislative Equality (PEOPLE) from the pay of those Employees who request, in writing on a form supplied by the Union and approved by the City/District, that such deductions be made. The amount to be deducted shall be determined by the Employee except that there shall be a minimum deduction of two ($2.00) per month. The aggregate deductions of all Employees shall be remitted with a monthly itemized statement to the Union.

Section 3 – Hold Harmless
The Union agrees to indemnify the City/District and hold it harmless against any and all suits, claims, demands, and liabilities which may arise out of or by reason of the application of or implementation of the provisions of this Article.

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29 Article 6 SAFETY
Section 1 – Safety Program
The City/District and the Union have a mutual interest in providing safe and healthful working conditions for its Employees, in protecting the City/District property from damage and loss and in ensuring the safety of the public when using City/District Facilities. To this end, both parties will work actively to adhere to the provisions of the City/District Safety Manual Procedures.

Article 7 GRIEVANCE PROCEDURE
Section 1 – Grievance Procedure
A. Definition
A grievance is any dispute, which involves the interpretation or application of any provision of the Memorandum of Understanding, excluding, however, those provisions of the Memorandum of Understanding, which specifically provide that the decision of any Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Step 2 shall be utilized to provide an administrative appeal of a written reprimand. Such appeals shall not be processed beyond Step 2.

B. Procedure
A grievance shall be filed according to the following steps:

Step 1. Immediate Supervisor.

A grievance may be filed by an employee in his/her own behalf, or jointly by a group of employees or by the Union.

Within fifteen (15) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the direct supervisor and copy Administrative Services Director or designee for tracking purposes only. Grievances not presented within the time period shall be considered resolved.

The direct supervisor shall meet with the grievant to settle the grievance and give a written response to the grievant, and copy the Administrative Services Director or designee, within fifteen (15) calendar days from the receipt of the grievance.

Step 2. Department Head (Director)
If the grievance is not resolved in Step 1 to the grievant’ s satisfaction, the grievant may, within fifteen (15) calendar days from receipt of the direct supervisor response, advance the grievance in writing to the Department Head (Director) and Administrative Services Director for consideration. A written response to the grievance shall be made in writing by the Department Head (Director), after conferring with the grievant, within fifteen (15) calendar days from receipt of the grievance.

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30 Step 3. Mediation.

If the parties are unable to reach a mutually satisfactory resolution on any grievance, which arises and is presented during the term of this Memorandum of Understanding, the parties may mutually agree to participate in mediation in an effort to resolve the grievance at this Step. The parties may agree upon a mediator or utilize the services of a mediator assigned through State Mediation and Conciliation Service.

Step 4. Arbitration.

In the event Mediation is unsuccessful in securing a settlement, either the Union or the Administrative Services Director may require that the grievance be referred to an impartial arbitrator within fifteen (15) calendar days of receipt of the Department Head’s (Director) response (if mediation is not utilized) or the completion of mediation. The parties may select by mutual agreement or by requesting a list of seven (7) arbitrators from State Mediation and Conciliation Service (SMCS). If a list from SMCS is utilized, the parties shall determine by lot which party is to strike the first name from the list. The parties shall alternately strike names from the list until one name remains. The fees and expenses of the arbitrator and of a Court Reporter (if mutually agreed upon) shall be shared equally by the Union and the Administrative Services Department. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any.

Decisions of the arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws.

No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance.

Neither any Mediator nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

C. Extension of Time Limits
The above specified time limits may be extended in writing by mutual agreement between the parties.

Failure of the employee or the Union to act within the specified time limits, unless extended and mutually agreed upon in writing, shall dismiss and nullify the grievance. Failure by the Administrative Services Department to observe such time limits, unless extended, shall cause the grievance to be moved to the next level of the grievance procedure.

D. Compensation Complaints.

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Administrative Services Director. In such cases no adjustment shall be retroactive for more than sixty (60) days from the date upon which the complaint was filed. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances.

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31 E. Suspension and Discharge Grievances.

If the parties, in pursuance of the procedures outlined above resolve a grievance which involves suspension, demotion, reduction in step or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. In the event the dispute isreferred to arbitration and the arbitrator finds that the Department had the right to take the action complained of, the arbitrator may not substitute his/her judgment for the judgment of management, and if he/she finds that the Department had such right, he may not order reinstatement and may not assess any penalty upon the Department.

F. Interpretation of Memorandum
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Mediation or arbitration proceedings hereunder) will be recognized unless agreed to by the Administrative Services Director and the Union.

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32 Article 8 LAYOFF PROCEDURE
Section 1 – Definition
Layoffshallmean the separation of employeesfrom the active work force due to lack of work or funds, organization or duty changes, or the abolition of positions by the Council/Board. The City/District Manager shall approve the number and location in the City/District work force in which layoffs shall occur.

Section 2 – Notice to Employees
Regular full-time, regular part-time and probationary employees shall receive written notice stating the reason for a layoff a minimum of sixty (60) days prior to the date of expected layoff.

With such notice, the Employee shall be informed of the procedure to be followed and the rights to which the employee is entitled. Similar notice shall be provided to the Union for the represented classes affected. Department Heads shall make every effort to allow Employees who will be laid off reasonable time to seek other employment.

Section 3 – Layoff Order and Procedure

3.1In the event of the need for layoffs, employees will be laid off in the following order:
a. Seasonal
b. Temporary
c. Part-time
d. Probationary
e. Regular Part-time
f. Regular Full-time

3.2 Layoff shall be based on seniority of initial hire / anniversary date as defined in the City/District Personnel Rules and Section 37 of this MOU.

Maintenance Unit -- An Employee who is laid off from the employee’s classification shall be entitled to displace another Employee with less seniority in an equal or lower paying classification in the employee’s unit, for which the employee meets the minimum qualifications and in which the employee has held prior status.

General Unit -- An Employee shall have the right to displace an Employee in a classification in the employee’s unit, for which the employee meets the minimum qualifications and over whom the employee has seniority.

The laid off Employee who has successfully displaced another Employee shall be placed in the employee’s chronological position of seniority in the new class. Employees identified for layoff who have seniority (displacement) rights to equal or lower paying classifications must declare their intention to exercise these rights at least twenty-five (25) days prior to layoff, otherwise displacement rights will automatically terminate. Employees of another representation unit may not be displaced. (An Employee who declares seniority rights may not

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33 also claim priority employment rights for other vacant positions pursuant to Section 4, below.) Employees laid off as a result of another Employee's exercise of seniority rights shall not be entitled to an additional thirty (30) days’ notice, but the minimum notice shall be fourteen (14) days.

Section 4 – Priority Employment Rights

4.1 After all Employees have exhausted their displacement rights pursuant to Section 3 above, any vacant positions remaining in the unit may be filled by Employees meeting the minimum qualifications of such positions on the basis of total City/District seniority, except that no Employee may fill a vacant position which is at a higher salary range than that from which the employee was originally laid off.

4.2 When all laid off Employees within a unit have fully exercised their priority employment rights under Section 4 above, Employees remaining on layoff shall be entitled to transfer into positions outside the representation unit for which they possess the minimum qualifications pursuant to City/District Personnel Rule 13.12.

Section 5 – Reemployment Lists

5.1An Employee shall be placed on the Reemployment List for any classification from which laid off and any classification previously held in the unit. Employees shall be ranked on such lists in order of total City/District seniority.

5.2 A laid off Employee who has fully exercised the employee’s rights pursuant to Section 37.1 above shall be entitled to be placed on the Reemployment Lists for classifications outside the representation unit, only pursuant to City/District Personnel Rule 13.12.

Section 6 – Status of Laid Off Employees
Layoff for regular and probationary Employees is considered a leave of absence without pay (See Section 42) until an Employee resigns. Termination occurs at the end of the life of a reemployment list. Layoff is not the same as termination unless the Employee chooses to terminate in lieu of being placed on a reemployment list.

Section 7 – Fringe Benefits
In the event of layoff, a regular full-time or probationary Employee may continue to participate in the Employee insurance plans until termination of reemployment lists or resignation if premiums are paid in full by Employee and the contract permits. Agreement to pay premiums must be in writing.

Other fringe benefitssuch as worker's compensation and unemployment insurance will cease on the last day on payroll. Sick leave and vacation accruals will cease on the last day on payroll.

Any unused discretionary leave should be used within the thirty (30) day notice period as it cannot be paid or carried as an accrual.

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34 Contributions to PERS will cease on the last day on payroll. Full-time Employees who have been members of PERS for five full-time years or more may:
a.Leave contributions on interest-bearing deposit; or
b.Apply for retirement, if eligible under PERS criteria; or c. Apply for a refund.

Employees who have less than five years’ service may apply for a refund or leave funds on deposit for one year. Details should be obtained from the PERS Office.

The provisions of Section 11 shall apply to unused sick leave payout for regular employees upon the termination of the reemployment list unless an Employee requests the payout provisions at an earlier date. Payment for unused vacation time will be made in a lump sum at this time or at a later date if desired.

Section 8 – Reemployment
The City/District will send notice of reemployment by certified mail to the last address of record but has no responsibility to attempt to trace an Employee if such notice is not delivered by the Post Office. It is the responsibility of the Employee who has been laid off to keep the City/District informed as to his/her current address and telephone number. Employee has ten (10) working days in which to notify the City/District by mail, telephone or otherwise, regarding intention to return to position offered. If at the end of ten (10) working days from date of notice, no response has been received from Employee on layoff, City/District will be entitled to fill positions in the following order: (a) the laid off Employee next in line for recall, if available for work, until the reemployment list is exhausted, and then; (b) by the normal recruiting process. An Employee on layoff shall have the right to refuse an offer of reemployment without forfeiting the right to reemployment or the employee’s place on the list.

If the Employee on layoff fails to respond within ten (10) working days of mailing of two separate written offers of reemployment sent by certified mail, the Employee shall forfeit the right to reemployment pursuant to the terms of this Layoff Procedure and the employee’s name shall be removed from the reemployment list.

In order to expedite the reemployment process, the City/District may notify more than one Employee simultaneously, indicating the order of priority to each person.

The right to reemployment is contingent upon the ability of the Employee to meet the physical and other requirements of the position to which the employee is being returned.

Section 9 – Status of Rehired Employees
Regular and probationary Employees rehired within 12 months following layoff shall be considered as having been on leave of absence without pay. If rehired within 12 months, the Employee shall be credited with prior service for purposes of vacation accrual and seniority.

This means the Employee will return to the employee’s previous status for accruing benefits but does not accrue benefits during the layoff period. Employees rehired to a regular position shall

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35 retain the sick leave balance at time of layoff unless the employee received payoff for said sick leave.

Section 10 – Anniversary Date of Rehired Employees
Layoff time which exceeds 30 days shall cause the anniversary date of the Employee to be adjusted commensurate with the length of absence from work.

Section 11 – Pay of Rehired Employees
An Employee rehired into the classification from which originally laid off shall be paid at the current rate for that classification and at the pay step held at the time of layoff.

An Employee rehired into a classification previously held but not that from which originally laid off shall be paid at the current rate for that classification and at the pay step which most closely approximates, but does not exceed, the pay step held in the classification from which originally laid off.

An Employee rehired into a classification not previously held shall be paid at the current rate for that classification and at a pay step recommended by the department head and approved by the City/District Manager.

Section 12 – Medical Examination for Rehires
An Employee, to be rehired, must pass a medical examination. At the time of layoff, exit interviews will be conducted, which will include a medical checklist for the Employee to complete; complete recovery from worker's compensation injuries must be testified to.

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36 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF

EMPLOYMENT
Section 1 – Non-Discrimination

1.1 There shall be no discrimination by the City/District, recognized employee organizations, or anyone employed by the City/District for or against any Employee or applicant for employment, promotion, demotion or discharge, because of race, religious creed, color, ancestry, national origin, sex or sexual preference, marital status, political opinions or affiliations, or lawful employee organization activities; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from performing the essential duties established for the position for which the employee is applying.

1.2 The City/District and the Union recognize that the City/District has an obligation under law to meet with individual Employees who allege a need for a reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement, the City/District contemplates actions to provide reasonable accommodation to an individual Employee in compliance with the Americans with Disabilities Act (ADA) which are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City/District.

Section 2 – Access to Personnel Files

2.1 Employees have the ability to access their personnel file and request removal of documents, pursuant to City/District Personnel Rule 3.06.

2.2 Removal of Documents – Employees may request in writing to the Director of Human Resources, that letters of reprimand which are three (3) years or older be removed from the employee’s personnel file, provided that the following conditions are met:
a. The letters of reprimand are more than three (3) years old; b. The filed does not contain subsequent letters of reprimand or records of disciplinary action; and
c. The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said letters of reprimand.

Section 3 – Job Specifications

3.1 New or revised job descriptions shall be sent to the Union Business Agent and steward representing the affected classification. The Union shall be given the opportunity to discuss job specifications for classes represented by the Union with the City/District prior to

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37 submittal to the Council/Board.

The parties agree to meet and confer on the job descriptions recommended by Koff & Associates after further revision by management.

3.2 An Employee may request a copy of the employee’s job description from Human Resources. Job descriptions are also available on the City/District website, www.fostercity.org.

3.3 The City/District shall pay the Class B Driver's License renewal fees for any Employees in job classifications which require this license as a condition of employment. If an Employee is not eligible to obtain or renew the license by mail, will be granted two hours paid time off at the end of the workday to obtain or renew the license.

Section 4 – Personnel Rules
The City/District agrees to meet and confer with the Union on proposed changes to the existing City/District Personnel Rules affecting matters within the scope of representation.

Section 5 – Transfer, Promotion, Demotion
Provisions regarding transfer, promotion, and demotion are found in the City/District Personnel Rules.

Section 6 – Discipline, Discharge
A. Disciplinary Action and Discharge
The City shall have the right to issue disciplinary action and discharge employees for just cause. A list of examples for cause are found in the City’s Personnel Rules and Regulations.

B. Procedure
The City and the Union recognize the intent of disciplinary action is to remedy performance problems and modify behavior. While the City will attempt to accomplish those objectives through training and progressive disciplinary action, the City reserves the right to issue disciplinary action, up to and including discharge, based on just cause and the circumstances of each case. Serious or repeated offenses may call for disciplinary action commensurate with the offense or totality of the circumstances and not necessarily based upon the premise of progressive disciplinary action.

C. Right to Representation
An employee shall have a right to a Union Steward present in an investigatory meeting which the employee reasonably believes could lead to disciplinary action. The employee shall arrange for representation at the earliest possible time.

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38 D. Disciplinary Action Notices
The Administrative Services Department agrees to provide the Union with copies of all disciplinary action and discharge notices within five (5) business days after issuance. The Union may contest any disciplinary action or discharge by filing a written grievance at Step 1 of the grievance procedure contained in Grievance section TBD
E. Retention Period
Disciplinary action issued and upheld following the exhaustion of appeal(s) under this Agreement for harassment/discrimination and workplace violence shall remain in an employee’s personnel file and may be considered for purposes of further disciplinary action for the duration of an employee’s employment with the Department.

F. Disclosure
The Administrative Services Department will, upon request of the Employee, provide the Union copies of any documents relied upon by the Administrative Services Department in support of the disciplinary action or discharge including, but not limited to, all investigative reports, witness statements and physical evidence. Where such documents contain confidential patient care or legal information, such confidential information will be redacted before providing the documents to the Union.

Section 7 – Light Duty / Light Work
Provisions regarding light duty work are found in the City/District Personnel Rules.

Section 8 – Seniority

8.1 Seniority is based on hire/anniversary date as defined in the City/District Personnel Rules and Regulations.

8.2 Seniority will be a factor in determining promotions and vacations.

8.3 Employees who involuntarily separate from employment who are subsequently rehired by the City/District in the same or equivalent position within 12 months of separation from employment, will have their previous seniority reinstated to the time which they stopped accruing seniority.

Section 9 – Uniform Policy

9.1 Safety Boots –The City/District will provide a boot allowance of $300 per fiscal year for probationary and regular Employeesfor the purchase ofsafety-toed footwear complying with the Standard Test Methods for Foot Protection and Standard Specification for Performance Requirements for Foot Protection. The safety boot allowance will be paid in the month of July of each fiscal year. The wearing of footwear as defined herein shall be required of all maintenance unit Employees, Senior Engineering Technicians, Engineering Technicians, Building Inspectors, and Building Service Coordinators, unless medically

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39 unable to do so pursuant to written doctor's instructions. New employees hired into any of the above job classifications shall be immediately eligible for the $300 boot allowance which will be provided on the pay date when the employee receives his/her first paycheck. Employees shall comply with management direction regarding the condition and appearance of work attire.

9.2 The uniform requirements for the Parks and Public Works Maintenance Employees shall be as set forth in the City/District Uniform Policy for Parks and Public Works Maintenance Employees. The current Uniform Policies are attached to this MOU as Attachments C and D.

The City/District agrees to meet and confer on proposed changes that directly impact Employees.

9.3 The uniform stipend for Senior Community Service Officers (CSOs) shall be used for the purchase and maintenance of uniforms, footwear and other necessary equipment. Senior CSOs shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department. Uniforms and footwear shall become the property of the Employee after purchase and shall not be returned to the City/District in lieu of repaying any prorated uniform stipend upon termination.

Newly appointed Senior CSOs shall, upon completion of the second pay period after the initial date of employment or upon completion of the second pay period occurring after being required to wear a uniform, receive the $650 uniform stipend per fiscal year towards the initial uniform and footwear expense. New hires shall not be entitled to any additional uniform stipend during the first year of employment with the City/District. Upon completion of one (1) year as an Employee, such Employee shall receive $54.17 per month for each month of service to be completed between the end of the first year of employment and the next July. Employees eligible for initial uniform stipend who terminate before completing one (1) year ofservice shall reimburse theCity/District a prorated amount of $54.17 for each month of service not completed by deduction from the Employee's final paycheck. After completing the first year of service, the continuing uniform stipend shall apply as provided below.

In July of each calendar year, the City/District shall pay to each Senior CSO who is required to wear a uniform, the uniform stipend in a lump sum of $650 (non-PERSable) per fiscal year.

Employees who terminate City/District employment for any reason shall be entitled only to compensation at the rate of $54.17 for each month of service in the fiscal year and shall reimburse the City/District a prorated amount of $54.17 for each month of service not completed, by deduction from the Employee's final paycheck. The City will research via CalPERS the uniform stipend for Senior CSO to allow the compensation to be listed as PERSable Special Compensation.

Alternate Uniform Provisions - The City/District retains the option of considering and implementing alternative methods of providing uniforms to Employees and nothing herein shall limit the option. The City/District and AFSCME will discuss alternate methods before a change is undertaken.

Code Enforcement Officer and Building Inspectors will receive uniforms from City management annually.

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40 9.4 Protective Vests - Senior CSOs – The City/District shall provide Senior CSOs assigned to Patrol with protective vests of a type approved by the Chief of Police. Decisions on who receives a replacement vest each year will be based on the following criteria, in this order:

1. New hire needing a fitted vest

2. Condition of current vest

3. Age of current vest

4. Seniority
In no case shall any vest be in service longer than eight (8) years of cumulative active use, unless the manufacturer's warranty exceeds that period.

Section 10 – Education and Career Development
The City/District and the Union have a mutual interest in providing and supporting training and career development opportunities for its Employees. To this end, both parties will work cooperatively to adhere to the provisions of the City/District Educational Reimbursement Program Policy.

Section 11 – Contracting Work
The City/District will notify the Union with a written notice (hard copy or email) a reasonable time prior to making the final decision of contracting or subcontracting work customarily performed by members of the Union bargaining units; the Union shall be given an opportunity to engage in impact bargaining on the effect(s) of the proposed action upon its members and, upon request, to propose and effective and economical alternative way in which such services could continue to be provided by the City/District's own Employees. In the event that the City/District decides to contract, or subcontract work the City/District will
1) make reasonable efforts to transfer affected Employees to positions for which they meet minimum qualifications, 2) pursue in a reasonable manner obtaining employment for affected Employees with the proposed contractor or subcontractor, and 3) provide thirty (30) days written notice to all affected Employees prior to contracting work. However, the City/District does not guarantee employment in the event work is no longer performed by City/District Employees.

Section 12 – Temporary Employees
Provisions regarding temporary Employees are found in the City/District Personnel Rules.

Section 13 – Labor Management Committee (LMC)

13.1 Labor/Management Relation - The Employer and the Union recognize that the character and quality of the Union/Management relationship in each Department has an impact upon productivity and quality of services. Accordingly, the parties agree to support joint Labor/Management training in skills and concepts which may contribute to increased Union/Management understanding and cooperative relationship

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41 13.2 Purpose and Agenda
a. The purpose of these committees is to provide a means for continuing communication between the parties and to promote a climate of constructive EmployeeEmployer relations. b. This would include, but is not limited to, such activities as to:
o Discuss the administration of this Agreement;
o Notify the Union of changes contemplated by the Employer which may affect bargaining unit employees;
o Discuss the future needs and programs of the Employer; o Disseminate general information of interest to the parties; o Give the Union representatives the opportunity to discuss the views of bargaining unit employees and/or make suggestions on subjects affecting those employees; o Give the parties the opportunity to discuss the problems that give rise to outstanding grievances and to discuss ways of preventing contract violations and other workplace conflicts from occurring;.
o Proposed work rules will be an appropriate subject for discussion; and o Scope of bargaining issues and grievances will not be an appropriate topic for Labor/Management Committees.

13.3 Department Committee Meetings. Equal number of management and union, chosen by each respective side. Shall meet consistently as needed. The union will provide an agenda beforehand.

Either Management or the Union can invite special attendees to either speak to an agenda item or provide neutral feedback to achieve resolution.

13.4 City Wide LMC- Equal number of management and union, chosen by each respective side.

Shall meet consistently as needed. The union will provide an agenda beforehand. Either Management or the Union can invite special attendees to either speak to an agenda item or provide neutral feedback to achieve resolution.

13.5 Minutes will be kept of all committee meetings. Copies will be distributed out the Thursday before the meeting to all parties in attendance.

Section 14 – Meet and Confer
The parties agree to meet and confer during the second quarter 2025 regarding; o Juneteenth (June 19) holiday,
o Job descriptions including any title changes – see Article 9 Section 3, o Any remaining compensation issues from the Koff class/comp study found in Appendix IV dated April 2023
o Options for 50% sick leave into VEBA and
o Reaffirming opt-in/opt-out VEBA status after guidance with an expert in Internal Revenue Code Section 501(c)(9). In the interim, employees will have the option to opt in and opt-out during the 2024 Open Enrollment period.

5.8 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Memorandum of Understanding
194
42 Article 11 PROVISIONS OF LAW
Section 1 – City / District Rights
Except as expressly limited by this MOU, and as thereafter amended or modified, it is understood and agreed by the Union that the City/District retains all of its powers to direct, manage and control the affairs of the City/District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish City/District policies, goals and objectives; maintain the efficiency of City/District operations; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the City/District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline regular employees for just cause and probationary employees in accordance with relevant local ordinances and rules and State and Federal statutes.

Section 2 – Effect of Agreement
To the extent there is a conflict, it is understood and agreed that the specific provisions contained in this MOU shall prevail over City/District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this MOU, such City/District rules, regulations, policies and practices shall remain in full force and effect during the term of this MOU.

The terms and conditions set forth in this MOU represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the MOU. During the term of this MOU, the Union agrees that the City/District shall not be obligated to meet and confer with respect to any subject matter covered in this MOU.

Section 3 – Statement of Understanding
It is the intent of the parties that ordinances, resolutions, rules, and regulations enacted pursuant to this MOU be administered and observed in good faith.

Section 4 – Severability
In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal, invalid, or unconstitutional, such finding shall not affect the validity of the remaining provisions, the balance of which provisions shall remain in full force and effect for the term of this MOU.

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43 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING
The City/District and the Union agree by their signatures hereto that the wages, hours, terms and conditions of employment contained herein shall be continued in full force and effect during the term of this MOU except as otherwise provided herein. Contingent upon ratification by members of the Union and contingent upon adoption by the City Council of the City of Foster City/Board of Directors of the Estero Municipal Improvement District of a Resolution approving this MOU, the term shall commence on September 9, 2024, and shall expire on September 8, 2027.

Staff Representatives of the Representatives of Council 57, Local 829, City of Foster City / American Federation of State, County and Estero Municipal Improvement District Municipal Employees Stefan Chatwin Date Melissa Lin Date
Diane Pitman Date Daniel Weber Date
David Liu Date Marcel Stevenson Date
__________________________________
Austris Rungis, IEDA Date Abdul Johnson, AFSCME Date
___________________________________
Ryan Shannon, AFSCME Date

5.8 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Memorandum of Understanding
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44 Attachment A
Represented Classifications
The City/District acknowledges that the American Federation of State, County and Municipal Employees, Council 57, Local 829 is the recognized employee organization which, within the scope of representation, represents the bargaining unit consisting of all regular employees in the following classifications:

AFSCME Bargaining Unit
Accounting Specialist
Administrative Assistant I
Administrative Assistant II
Building Inspector
Building Lead Maintenance Worker
Building Maintenance Worker I
Building Maintenance Worker II
Building Permit Technician I
Building Permit Technician II Building
Services Coordinator
Code Enforcement Officer I
Code Enforcement Officer II
Equipment Maintenance Worker
Irrigation Technician
Mechanic I
Office Assistant I
Office Assistant II
Parks Lead Maintenance Worker
Parks Maintenance Worker Parks
Maintenance Worker I Parks
Maintenance Worker II
Plans Examiner
Police Records Specialist
Public Works Lead Maintenance Worker
Public Works Maintenance Worker Public
Works Maintenance Worker I Public
Works Maintenance Worker II
Recreation Coordinator I
Recreation Coordinator II
Senior Accounting Specialist
Social Media/Communication Assistant
Senior Building Inspector
Senior Community Services Officer
Senior Engineering Technician

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45 Attachment B Salaries
Effective September 9, 2024, wages for classes represented by the Union shall be listed below:

AFSCME
Plans Examiner $ 62.6537 $ 65.7864 $ 69.0757 $ 72.5295 $ 76.1560 Sr. Bldg Inspector $ 56.8288 $ 59.6702 $ 62.6537 $ 65.7864 $ 69.0757 Building Inspector $ 51.5454 $ 54.1227 $ 56.8288 $ 59.6702 $ 62.6537 Code Enforcement Officer II $ 48.5554 $ 50.9832 $ 53.5324 $ 56.2090 $ 59.0195 Sr. Engineering Technician $ 45.7266 $ 48.0129 $ 50.4135 $ 52.9342 $ 55.5809 Recreation Coordinator II $ 45.1764 $ 47.4352 $ 49.8070 $ 52.2974 $ 54.9123 Public Works Lead Maintenance Worker $ 43.7108 $ 45.8963 $ 48.1911 $ 50.6007 $ 53.1307 Mechanic I $ 43.4795 $ 45.6535 $ 47.9362 $ 50.3330 $ 52.8497 Social Media / Communication Assistant $ 42.9514 $ 45.0990 $ 47.3539 $ 49.7216 $ 52.2077 Building Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 Parks Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 Irrigation Technician $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 Building Permit Technician II $ 42.3255 $ 44.4418 $ 46.6639 $ 48.9971 $ 51.4470 Administrative Assistant II $ 41.8667 $ 43.9600 $ 46.1580 $ 48.4659 $ 50.8892 Recreation Coordinator I $ 40.9763 $ 43.0251 $ 45.1764 $ 47.4352 $ 49.8070 Building Maintenance Worker II $ 40.6447 $ 42.6769 $ 44.8107 $ 47.0512 $ 49.4038 Public Works Maintenance Worker II $ 39.6470 $ 41.6293 $ 43.7108 $ 45.8963 $ 48.1911 Sr. Comm. Services Officer $ 39.1437 $ 41.1009 $ 43.1559 $ 45.3137 $ 47.5794 Parks Maintenance Worker II $ 38.9237 $ 40.8699 $ 42.9134 $ 45.0591 $ 47.3121 Senior Accounting Specialist $ 38.5594 $ 40.4874 $ 42.5118 $ 44.6374 $ 46.8693 Equipment Maintenance Worker $ 38.4753 $ 40.3991 $ 42.4191 $ 44.5401 $ 46.7671 Building Permit Technician I $ 37.9955 $ 39.8953 $ 41.8901 $ 43.9846 $ 46.1838 Administrative Assistant I $ 37.9743 $ 39.8730 $ 41.8667 $ 43.9600 $ 46.1580 Accounting Specialist $ 36.7232 $ 38.5594 $ 40.4874 $ 42.5118 $ 44.6374 Building Maintenance Worker I $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 Building Services Coordinator $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 Police Records Specialist $ 36.1759 $ 37.9847 $ 39.8839 $ 41.8781 $ 43.9720 Public Works Maintenance Worker I $ 35.9610 $ 37.7590 $ 39.6470 $ 41.6293 $ 43.7108 Code Enforcement Officer I $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ 43.4480 Parks Maintenance Worker I $ 35.3050 $ 37.0702 $ 38.9237 $ 40.8699 $ 42.9134 Office Assistant II $ 33.5668 $ 35.2451 $ 37.0074 $ 38.8578 $ 40.8007 Public Works Maintenance Worker $ 32.6177 $ 34.2486
Parks Maintenance Worker $ 32.0227 $ 33.6238
Office Assistant I $ 30.4462 $ 31.9685

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Attachment C

UNIFORM POLICY FOR

PUBLIC WORKS MAINTENANCE EMPLOYEES (INCLUDES BUILDING/VEHICLE MAINTENANCE DIVISION) The following shall be the policy of the City/District for uniforms of AFSCME Public Works Maintenance Unit employees. City shall contract with a uniform supply company and issue the following. Uniform style and color shall be determined by mutual agreement between AFSCME and Management but shall be consistent throughout the unit.

Standard uniform issue to employees shall be:

A Eleven (11) pair of pants and shirts with City logo, approved by the Public Works Director; B. One (1) long sleeve winter jacket with City logo (supplied by City); C. One (1) pair of coveralls;
D. One (1) set of safety rated rain gear -coat, pants and rain boots.

Employees are not to alter the uniforms in any way. Coveralls may be worn when working in dirty areas in order to protect clothing. Paper coveralls shall be provided to those employees painting or working in extremely dirty areas. Employees will not be permitted to wear cloth, soft-soled or other soft shoes while working. Employees must wear steel toed boots.

Employees must carry their City-issued identification badge while at work to identify them as City employees to any third party. An employee on standby who receives a callout shall not be required to wear the above mentioned uniform but must wear clothing (such as a reflective vest or jacket issued by the City) that identifies him/her as a City employee and carry his/her City-issued identification badge.

The wearing of the safety vest is required at all times when on duty except when indoors or in the Corporation Yard.

Employees shall maintain a neat, clean appearance. Uniforms supplied by the uniform supply company shall be washed and maintained by the company. The City/District will clean coveralls.

Employees who fail to adhere to this policy without good cause may be subject to progressive disciplinary action up to and including termination.

Upon terminating employment, employees shall return all issued uniforms and equipment to their supervisor. Replacement value of uniforms and equipment not returned or damaged shall be deducted from the employee's final check.

Effective July 1, 2017
Kevin M. Miller, City Manager
Human Resources

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Attachment D
Side Letter of Agreement Between
City of Foster City/Estero Municipal Improvement District And Council 57, Local 829
American Federation of State, County and Municipal Employees February

2.0, 2019
The parties have met and conferred and hereby agree to the following changes to the current Fiscal Year 2017-2019 Memorandum of Understanding between the City of Foster City/Estero Municipal Improvement District (the "City/District") and Council 57, Local 829, American Federation of State, County and Municipal Employees ("AFSCME" or "Union") ("MOU"):

Section 55.3 of the MOU, Uniform Policy -Alternate Uniform Provision, describes the uniform policy for AFSCME Employees. Section 55.3 states that the City/District retains the option of considering and implementing alternative methods of providing uniforms to Employees and nothing herein shall limit the option. The City/District and AFSCME will discuss alternate methods before a change is undertaken.

After meeting with three different suppliers, Parks and Recreation Management is proposing that the City use a company called Mission Uniforms to provide the following services:
• Supply 11 pants to the Parks Department
• Supply 11 shirts to the Parks Department
• Provide weekly laundry services
• Optional on demand printing and embroidering for any number of other components. (hats, jackets, sweatshirts)
The services provided by Mission Uniform is similar to what the Department of Public Works currently has, and the majority of Parks Staff is in support of using their services.

Staff Representatives of the City of
Foster City/Estero Municipal
Improvement District
Representatives of Council 57,
Local 829, American
Federation of State,
County and Municipal
Employees

5.8 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Memorandum of Understanding
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3 a
AnnRitzma Date
Fanara
Uu
Date

5.8 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Memorandum of Understanding
201
DATE: August 19, 2024
TO: President and Members of the EMID Board of Directors VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager
FROM: Andrew Brozyna, Public Works Director/City/District Engineer Laura Galli, Engineering Manager
DEPARTMENT: Public Works
SUBJECT: EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP
455-705) – AWARD OF VENDOR CONTRACT TO BAY CITY

ELECTRIC WORKS FOR PURCHASE OF THREE GENERATORS

AND TWO AUTOMATIC TRANSFER SWITCHES FOR LIFT
STATIONS 22, 29, AND 59

RECOMMENDATION
It is recommended that the EMID Board of Directors adopt the attached resolution authorizing the President to execute an agreement with Bay City Electric Works (BCEW) for the purchase of three (3) emergency generator systems and two (2) automatic transfer switches for CIP 455-705 - Emergency Generator Replacements Project in the amount of $1,587,158.

EXECUTIVE SUMMARY
CIP 455-705 addresses the replacement of emergency generator systems (generators) and automatic transfer switches (ATSs) at ten (10) of the District’s lift stations.

Staff prioritized Lift Station 22, 29 and 59 because their generators and ATSs have reached the end of their service lives. The lead time for the delivery of the new equipment is estimated to be between 42 and 60 weeks.

5.9 5.9 Staff Report
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The EMID Board action to award the vendor contract to BCEW will allow staff to pursue the equipment procurement prior to the award of the construction contract to keep its delivery in sync with the construction timeline while the project design is underway, minimize the supply chain issues including potential future price increases, and reduce potential delay claims by the installation contractor.

BACKGROUND
CIP 455-705 consists of the replacement of generators and ATSs at ten (10) of the District’s lift stations. Lift Stations 22, 29 and 59 are prioritized because their equipment has reached the end of their service lives.

At the meeting on June 6, 2022, the District Board adopted EMID Resolution No. 3652 approving the issuance of a Request for Proposals (RFP) for a professional design firm to prepare the design and scope of work for the three priority lift stations.

Subsequently, on August 16, 2022, the District Board adopted EMID Resolution No. 3672 authorizing a Professional Services Agreement with Freyer & Laureta, Inc., in an amount not to exceed $240,128 to provide professional engineering services for the preparation of construction documents suitable for bidding.

A basis of design report, including assessment of the existing generators and ATSs, recommendations for replacement sizes and locations, preliminary project timeline, and engineer’s estimate, was then prepared for these three priority lift stations in 2023. Lead time for the equipment was estimated to be between 42 and 60 weeks out.

Due to the long lead time, a separate equipment procurement prior to the award of the construction contract is prudent to minimize the effects of supply chain issues including potential future price increases and potential delay claims by the installation contractor.

On May 20, 2024, the District Board adopted EMID Resolution No. 3757 approving the equipment procurement bid package and authorizing the call for bids for three (3) generators and two (2) ATSs for Lift Station 22, 29, and 59.

ANALYSIS
Staff followed competitive bidding requirements of the California Public Contract Code and advertised the bid on various media channels. A Notice to Bidders was published in the Foster City Islander for 2 weeks. The bid description and package were posted on the Foster City and Barker Blue websites and distributed to six (6) Builders Exchanges, covering Alameda County, Santa Clara County, Contra Costa County, the Bay area, the San Francisco area, and the Sacramento area. In addition, four (4) qualified vendors were notified of the request for bid via telephone calls and emails with a link to the bid package posted on both the Foster City and Barker Blue websites.

5.9 5.9 Staff Report
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One (1) bid was received on June 18. Staff contacted the four qualified vendors for their feedback on the bid package and their no-bid decision making. Peterson Power and Cummins expressed they are at their capacity due to high demand in the industry. Generac indicated they missed the bid albeit they were notified via email directly. The sole bid was opened on June 24, 2024, with the following results.

Company Name Total Base Bid
Plus Alternate
Amount
over/under Base
Bid Plus Alternate
% over/under Base
Bid Plus Alternate
$ $ %
BCEW $1,587,158.00 $ 66,776.00 4.2%
Engineer’s Estimate $1,520,382.00 - -
The total bid price of $1,587,158 is $66,776 (4.2%) over the Engineer’s Estimate (EE).

Because the bid price is very close to the overall engineer’s estimate for the total package costs, it is recommended that the City/District lock in this pricing with BCEW. Staff also evaluated the bid for responsiveness and responsibleness based on qualification-based selection criteria. BCEW has all the necessary certifications, qualifications, and experience to deliver the equipment in alignment with the project construction timeline in addition to their total bid price being responsive and in line with the EE. BCEW has performed similar work throughout the Bay Area and their clientele includes San Jose City, Silicon Vally Clean Water WWTP, Sunnyvale WWTP, Livermore WTP, Palo Alto Pump Station, and VAT Palo Alto.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) pursuant to CEQA Guidelines 15302 because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT
Funding in the amount of $1,587,158 for the equipment procurement is available in the CIP 455-705 Emergency Generator Replacement Project budget.

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

5.9 5.9 Staff Report
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ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 – Vendor Agreement

5.9 5.9 Staff Report
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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN

AGREEMENT WITH BAY CITY ELECTRIC WORKS FOR THE PURCHASE OF

THREE EMERGENCY GENERATOR SYSTEMS AND TWO AUTOMATIC TRANSFER SWITCHES IN THE AMOUNT OF $1,587,158 FOR CIP 455-705 EMERGENCY

GENERATOR REPLACEMENTS PROJECT AND FINDING THAT THE PROJECT IS

EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15302 (CLASS 2)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS CIP 455-705 addresses the replacement of emergency generators and automatic transfer switches located at ten (10) of the District’s lift stations; and WHEREAS, the emergency generator systems (Generators) and automatic transfer switches (ATSs) at Lift Stations 29 and 59, and the Generator only at Lift Station 22 are prioritized because they are at the end of their useful lives; and WHEREAS, the lead time for the three Generators and two ATSs is estimated to be 42 to 60 weeks; and
WHEREAS, it is prudent to separately procure the equipment as the District furnished items, while the project design is underway to keep its delivery in sync with the construction timeline, avoid supply chain issues including potential future price increases, and reduce potential delay claims by the installation contractor; and WHEREAS, at the meeting on May 20, 2024, the District Board adopted EMID Resolution No. 3757 approving the equipment procurement bid package and authorizing the call for bids for three (3) generators and two (2) ATSs for Lift Station 22, 29, and 59; and
WHEREAS, one (1) bid was received after the bid opening on June 18, 2024; and
WHEREAS, staff evaluated the bid for responsiveness and responsibleness based on qualification-based selection criteria and found Bay City Electric Works (BCEW) has all the necessary certifications, qualifications, in additional to their total bid price being responsive and within the Engineer’s Estimate; and WHEREAS, this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction)

5.9 Attachment 1 - Resolution
206
pursuant to CEQA Guidelines section 15302 because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced; and
WHEREAS, funding is available in the budget for CIP 455-705 Emergency Generator Replacement Project.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby award the contract dated August 19, 2024 to Bay City Electric Works in the amount of $1,587,158, for the procurement of three (3) emergency generator systems and two (2) automatic transfer switches for CIP 455-705 - Emergency Generator Replacements Project.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 19th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.9 Attachment 1 - Resolution
207

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
CIP 455-705 EMID Emergency Generator Replacement
This Agreement is made and entered into as of the 19 day of August, 2024 by and between the Estero Municipal Improvement District, hereinafter called "DISTRICT," and Bay City Equipment Industries, Inc., dba, Bay City Electric Works, hereinafter called "VENDOR."

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

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

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

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other 1 Updated 1/18/2022

5.9 Attachment 2 - Agreement
208
required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, DISTRICT may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as DISTRICT may determine in its sole discretion. (c) DISTRICT may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of DISTRICT’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) DISTRICT may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever DISTRICT determines that such termination is in DISTRICT’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One million five hundred eighty-seven thousand one hundred fifty-eighty dollars ($1,587,158.00).
2 Updated 1/18/2022

5.9 Attachment 2 - Agreement
209
Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event DISTRICT desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by DISTRICT’s District Manager (for contracts less than $50,000) or District Board of Directors (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to DISTRICT for review and copying during regular business hours at VENDOR’s place of business or as otherwise agreed upon by the parties.

6. 7.

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

Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to DISTRICT, become the property of DISTRICT

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as DISTRICT’s agent in any capacity, whatsoever. VENDOR is not entitled to any benefits that DISTRICT provides to DISTRICT employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits.

Terms within this Agreement regarding direction apply to and concern the result of the VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as DISTRICT’s responsibility.
3 Updated 1/18/2022

5.9 Attachment 2 - Agreement
210

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that DISTRICT shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

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

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to DISTRICT property, DISTRICT
employees, persons designated by DISTRICT for training, or any other person(s) other than VENDOR’s agents or employees, designated by DISTRICT for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at DISTRICT’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.
4 Updated 1/18/2022

5.9 Attachment 2 - Agreement
211

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless DISTRICT and City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, DISTRICT or City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold DISTRICT, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to DISTRICT against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
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c. VENDOR, at its own expense, shall defend any action brought against DISTRICT to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against DISTRICT in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by DISTRICT of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, DISTRICT shall have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, DISTRICT shall permit VENDOR at its option and expense either to procure for DISTRICT the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by DISTRICT shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist DISTRICT in procuring substitute Products. If, in the sole opinion of DISTRICT, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, DISTRICT shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums DISTRICT has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to DISTRICT under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii.
iv.

The modification by DISTRICT of the equipment of software furnished hereunder; or
The combination or utilization of software furnished
hereunder with non-VENDOR supplied software.
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f. VENDOR certifies that it has appropriate systems and controls in place to ensure that DISTRICT funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D, Insurance, which are attached and made a part of this Agreement. VENDOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event VENDOR fails to maintain any required insurance, and notwithstanding Paragraph 3 above, DISTRICT may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due VENDOR under this Agreement (or VENDOR shall promptly reimburse DISTRICT for such expense).

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

15. 16.

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

NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees 7 Updated 1/18/2022

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and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

17. Notice. All notices required by this Agreement shall be given to the DISTRICT and VENDOR in writing, by first class mail, postage prepaid, addressed as follows:

DISTRICT: Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Jen Chen
VENDOR: Bay City Equipment Industries, Inc.,
dba, Bay City Electric Works
13625 Danielson Street
Poway, CA 92064
Attention: Austin Lee
Email Address: [email protected]

18. 19.

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

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

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

All warranties, including special warranties specified elsewhere herein, shall inure to DISTRICT, its successors and assigns, and any users of the Products or Services.
b.

21. Samples.
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a.
b.

DISTRICT may require samples of items inspection and
specification testing and must be furnished free of expense to DISTRICT. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.

Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

22. 23.

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

Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii.
b.
the number of the container in which the packing sheet has been enclosed.

All shipments by VENDOR or its subcontractors must include packing sheets identifying DISTRICT’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.

Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by DISTRICT. c.

24. 25.

Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by DISTRICT unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by DISTRICT in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

Inspection, Acceptance and Rejection.
a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to DISTRICT covering Products and Services under the Agreement and will tender to DISTRICT only Products that have been inspected and found to conform to all requirements. VENDOR will keep records
evidencing inspections and their result, and will make these records available to DISTRICT during the Agreement performance and for 9 Updated 1/18/2022

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three years after final payment. VENDOR shall permit DISTRICT 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.
c.

All Products may be subject to inspection and test by DISTRICT or its authorized representatives.

VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to DISTRICT. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.
d.
e.

All Products may be subject to final inspection, test and acceptance by DISTRICT, notwithstanding any payment or other inspection.

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

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

27. 28.

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

Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of DISTRICT with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, DISTRICT shall have the right to terminate the Agreement, 10 Updated 1/18/2022

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either in whole or in part, and any loss or damage sustained by DISTRICT in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of DISTRICT provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

29. 30.

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

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

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

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

33. Conflict of Interest. VENDOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with DISTRICT that VENDOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing DISTRICT services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) VENDOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential VENDORs, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 11 Updated 1/18/2022

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

35. 36.

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

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

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

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
Dated: _________________________________
Patrick Sullivan, President
(for contracts $50,000 or more)
ATTEST:

Dated:

Dated:
________________________________
Priscilla Schaus, District Secretary

APPROVED AS TO FORM
Benjamin Stock, District Legal Counsel
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BAY CITY EQUIPMENT INDUSTRIES, INC.
dba, BAY CITY ELECTRIC WORKS
Dated:

Austin Lee, President
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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
CIP 455-705 EMID Emergency Generator Replacement
Scope of Deliverables:
1) Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank. Refer to Bid Schedule in Exhibit B.
2) Automatic Transfer Switch in Outdoor Enclosure. Refer to Bid Schedule in Exhibit B.

Scope of Services:

Refer to Technical Specifications 16233A, 16233B, and Pre-Purchase Drawing Package.

Delivery Schedule: The delivery date shall correspond with the anticipated construction date in Spring 2025.

Vendor to attach estimated delivery schedule including the following:
1) Submittal Reviews for District;
2) Fabrication of Equipment (for each Bid Item);
3) Delivery to District Facilities.
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Jen Chen
From:

Sent:

To:

Jamie Vandenakker <[email protected]>
Thursday, June 27, 2024 1:46 PM
Jen Chen
Subject: EMID Emergency Generator Replacement Project - Due 6/18/24 @ 2pm Importance: High
Follow Up Flag:

Flag Status:

Follow up
Flagged
Jen:

This e-mail is to confirm that we will honor the pricing submiꢀed with our bid schedule and that our pricing is inclusive of the necessary sales tax. Thank you. Please advise if you need any addiꢁonal informaꢁon. Have a wonderful day! Best regards,
Jamie Vandenakker
Inside Sales
Bay City Electric Works|www.bcew.com
Phone: (866) 938-8200 x603 |Mobile: (909) 520-1925
Email: [email protected]
From: Jen Chen <[email protected]>
Sent: Wednesday, June 26, 2024 2:54 PM
To: Jamie Vandenakker <[email protected]>
Subject: [EXTERNAL] RE: EMID Emergency Generator Replacement Project - Due 6/18/24 @ 2pm Importance: High
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Jamie,
The City is evaluating your bid proposal (attached) for the generator procurement project and noticing the followings.

1. The esꢁmated delivery schedule is not in the proposal although it is checked off in the vendor’s checklist.

2. Insurance form on page 38 of the bid proposal, as part of the bid form, is not signed.

Please provide both items above ASAP so we can continue with the evaluation process.

Feel free to contact me if you have any questions.

Thank you.

Jen
From: Jamie Vandenakker <[email protected]>
Sent: Tuesday, June 18, 2024 1:53 PM
To: Jen Chen <[email protected]>
1 5.9
Attachment 2 - Agreement
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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
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INSTRUCTIONS TO VENDORS
The work to be performed is described in the Vendor Agreement titled, CIPP 455-705 EMID Emergency Generator Replacement, dated May 21, 2024 and prepared by Freyer & Laureta, Inc. for the District.

PROCEDURES FOR SUBMISSION ON BIDS
Required Pre-Bid Investigations
All Vendors shall carefully examine the Vendor Agreement and satisfy themselves as to their sufficiency; and shall not at any time after the submission of the Bid dispute or complain that there is any misunderstanding in regard to the location, extent, nature or amount of work to be performed. The Vendor shall notify the District of all conflicts, errors or discrepancies in the Vendor Agreement. The submitting of a Bid shall be considered an acknowledgement on the part of the Vendor of familiarity with the Scope of Work.

Vendors Questions and Answers
Vendors must direct all questions about the meaning or intent of Bidding Documents to District in writing. Interpretations or clarifications considered necessary by District in response to such questions will be issued by written Addenda mailed, faxed, or delivered to all parties recorded by the District as having received Bidding Documents. District may not answer questions received less than ten Days prior to the date for opening Bids.

Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, and Vendors shall not rely on oral statements.

Addenda
Addenda may be issued to all plan holders during the Bid period. Any and all Addenda issued shall become part of the Vendor Documents and shall be fully considered by all Vendors during the formation of Bids. It is the responsibility of the Vendor to contact the District to determine the existence of any and all addenda. Failure of any vendor to receive such Addenda shall not be justification for non-compliance with the terms of the instructions.

RECEIPT OF BIDS
Date and Time
Sealed hard copy Bids to follow shall be post marked to reflect the submittal date. District shall reject all Bids received after the specified time and will return such Bids to Vendors unopened.

Vendors must submit Bids in accordance with this Document.

Bid Submission

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Bids for the Work shall be made on the forms contained in the Vendor Agreement as listed on . A complete set of documents shall be placed
opaque sealed 10 inch x 13 inch envelopes, sealed, and addressed to:

Estero Municipal Improvement District
Attention: __Jen Chen____
610 Foster City Boulevard
Foster City, CA 94404-2299
BID: EMID Emergency Generator Replacement Project
CIP 455-705
Bids shall be delivered to the District at the above address before the time set for the opening of bids as provided in Section NOTICE TO VENDORS.

Vendors should mark their Bid envelopes using the name, address, identifying information and contract number.

If the Vendor wishes to hand deliver the sealed bid, the bid shall be addressed as stated above and delivered to the same address.

The District reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice to Vendors. Postponement notices may be faxed and will be subsequently mailed to plan holders of record in the form of an addendum.

Required Content of Bid Submittals

1. Bid Form: Vendors must submit Bids on Bid Form in accordance with the provisions of this document. Vendors must complete all Bid items including schedule of bid prices and supply all information required by Bid documents and specifications.

2. Vendor Registration and Experience Form: Vendors must submit Vendor Registration and Experience Form, completed in accordance with the provisions of the Form. Vendor Experience must be in accordance with the Technical Specifications 16233A-1.07 and 16233B-1.07 in Exhibit A of the Vendor Agreement.

3. Non-Collusion Affidavit: Vendors must submit Non-Collusion Affidavit completed in accordance with the provisions of the document.

4. Vendor Certifications: Vendors must submit Vendor Certification completed in accordance with the provisions of the document.

Estimated Delivery Schedule: Estimated Delivery Schedule shall follow guidelines as stated in Exhibit A of Vendor Agreement.

BID OPENING

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Immediately after the expiration of the time for submission of Bids, all Bids will be publicly opened, read, declared, and referred to the District Council for action.

Bids to receive consideration shall be made in accordance with the following instructions:
a. Bids shall be made upon the separate form provided therefor, a copy of which is included with the Vendor Agreement. The signature of all persons executing the Bid shall be in longhand writing. The completed form shall be submitted without interlineations, alterations, or erasures.
b. Except as otherwise indicated, all items shall be included in the Envelope. c. Bids shall contain only the quotations for which the form is prepared. Alternative Bids will not be considered unless called for. No oral, email, facsimile, telegraphic, or telephonic bids, or modifications, will be considered.
d. Vendors shall submit in Envelope Form in accordance with the Technical Specifications 16233A-1.07 and 16233B-1.07 provisions herein and therein.

VENDOR SELECTION CRITERIA
District will determine Apparent Low Vendor as follows:

A. District will open each Vendor
evaluate them for responsiveness, and determine an Apparent Low Vendor as specified herein.

B. For the Apparent Low Vendor only, District will open Envelope and evaluate the Apparent Low Vendor for responsiveness to the requirements CERTIFICATION OF VENDOR provided as an Attachment for
responsibility.

C. Apparent Low Vendor will be determined solely on the total amount of all Bid items based on terms contained in Notice Inviting Bids and Bid Form. All Vendors are required to submit Bids on all Bid items (including any alternates).

D. If Apparent Low Vendor is determined to be non-responsive or non-responsible, then District may proceed to the next Apparent Low Vendo
determined in its reasonable discretion, and proceed for all purposes as if this Apparent Low Vendor were the original Apparent Low Vendor.

Evaluation of Bids
The District will evaluate the Bids as follows:

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A. Bids must be full, complete, clearly written and using the required forms. Vendors shall make any change in the Bid by crossing out the original entry, entering and initialing the documents strictly as required entitles
District to reject the Bid as non-responsive. All Vendors must submit Bids containing each of the fully executed Sections supplied in the Vendor Agreement.

B.
comply with the prescribed requirements, unit prices, and other data, as may be requested in Bid Form or prior to the Notice of Award.

C. District will consider the estimated delivery schedule, which will include milestones such as reviewed submittals to District, Fabrication of Equipment (for each Bid Item), and delivery to District facilities, as part of the Bid evaluation process. Refer to Exhibit A:

Delivery Schedule in Vendor Agreement.

D. District may conduct reasonable investigations and reference checks of Vendor and other persons and organizations as District deems necessary to assist in the evaluation , and
consent to the foregoing.

E. District shall have the right to consider information provided by sources other than F. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.

G. Bids shall be deemed to include the written responses of the Vendor to any questions or requests for information of District made as part of Bid evaluation process after submission of Bid.

Reservation of Rights
District specifically reserves the right, in its sole discretion, to:

A. Reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids; B. Reject the Bid of any Vendor as non-responsive as a result of any error or omission in the Bid; and
C. Reject the Bid of any Vendor if District believes that it would not be in the best interest of Project to make an award to that Vendor, whether because the Bid is not responsive,

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the Vendor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by District.

District may retain Bid securities of other than the Apparent Low Vendor for a period of 90 Days after award or full execution of the Contract, whichever first occurs. items and enhanced prices for other Bid items.

District may waive any informalities or minor irregularities in the Bids. District also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project.

Submission of Written Bid Protest
Any bid protest relating to the award of the contract for the Project must be submitted in writing to the District, Attn: Jen Chen, 610 Foster City Boulevard Foster City, CA 94404-2299. The protest must be received before close of business of the fifth business day following the posting Notice of Intent to Award at the District, Attn: Jen Chen, 610 Foster City Boulevard Foster City, CA 94404-2299. District will use reasonable efforts to deliver by facsimile or email a copy of Notice of Intent to Award to all Vendors who submitted Bids no later than the Business Day after issuance, although any delay or failure to do so will not extend the Bid protest deadline described herein.

The initial protest document shall contain a complete statement of the basis for the protest.

The protest shall refer to the specific portion(s) of the Vendor Agreement, which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties who have a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other vendors or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. The documents shall be transmitted by e-mail, fax, or overnight mail.

Only Vendors who the District otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Vendors will not be considered. In order to determine whether a protesting Vendor is responsive and responsible, District may evaluate all information contained in any protesting Vendo
evaluation as District is entitled to take regarding an Apparent Low Vendor.

Exclusive Remedy
The procedure and time limits set forth in this paragraph are mandatory and are the Vendo sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a

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Government Code claim or legal proceedings. A Vendor may not rely on a protest submitted by another Vendor, but must timely pursue its own protest.

AWARD AND EXECUTION OF CONTRACT
Notice of Award and Submittal of Executed Contract Documents If Contract is to be awarded, it will be awarded to the lowest responsible responsive Vendor.

District will issue Notice of Award. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals, unless there is a bid protest, then (90) days after the day of bid opening.

Successful Vendor must execute and submit to District
Required Contract Documents and Proof of Insurance

1. Agreement, fully executed by successful Vendor. Submit two originals, each bearing an original signature on the signature page and initials on each page.

2. Guaranty, fully executed by successful Vendor. Submit one original, bearing an original signature on the signature page and initials on each page.

3. Insurance certificates and endorsements required by Supplementary Conditions Insurance: Submit one original set.

4. Any other items identified by District in Notice of Award.

Failure to Execute and Deliver Documents
Upon such failure to timely deliver all required Contract Documents as set forth herein, District may determine the next Apparent Low Vendor and proceed accordingly. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals.

GENERAL CONDITIONS AND REQUIREMENTS
Modification of Commencement of Work
District expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to Project. District accepts no responsibility to Vendor for any delays attributed to its need to complete independent work.

Conformed Project Manual

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Following Award of Contract, District may prepare a conformed Project Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the approved Project Manual.

Wage Rates
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California s Public Works Department and
may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Bidding Documents. Upon request, Owner will make available copies to any interested party.

Also, Vendor shall post the applicable prevailing wage rates at the Site.

Withdrawal of Bid
Vendors may withdraw their Bids at any time prior to the Bid opening time fixed in this Document, only by written request for the withdrawal of Bid filed with District Office, located at 610 Foster City Boulevard, Foster City, California 94404. Vendor or its duly authorized representative shall execute request to withdraw Bid.

Public Records Act Requests
Per the Public Records Act, District will make available to the public Vendor vendo Envelope is opened), all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures set forth herein, and all subsequent Bid evaluation information. All submissions not opened will remain sealed and shall be returned to the submitter. Except as otherwise required by law, the District will not disclose trade secrets or proprietary financial information submitted by Vendors that has been designated as confidential by Vendor (including but not limited to the SOQ). Any such trade secrets or proprietary financial information that Vendor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific confidential information must be clearly identified as such.

Upon a request for records regarding this Bid, District will notify the Vendor involved, within ten Days from receipt of the request, when the records will be made available for inspection. If the Vendor
information that Vendor determines is not subject to public disclosure, and requests that District refuse to comply with the records request, Vendor shall take all appropriate legal action and defend Vendor to produce the information in all forums; otherwise District will make such information available to the extent require by applicable law, without restriction.

Information disclosed in the SOQ and the attendant submissions are the property of District unless Vendor makes specific reference to data that is considered proprietary. Subject to the

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requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

Substitutions
Vendors must base their Bids on products and systems specified in Contract Documents or listed by name in Addenda. District
Vendor must clearly state any exceptions to the specified equipment requirements. The requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and a statement of changes is submitted for evaluation.

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Bids. All items are to be included in Envelope unless otherwise indicated:

Item Checked

1. 2.

3. Bid Form _______
_______
_______
Schedule of Bid Prices
Vendor Registration and Experience Form
in accordance with the Technical Specifications
16233A-1.07 and 16233B-1.07

4. 5.

6. Non-Collusion Affidavit
Vendor Certifications
_______
_______
Estimated Delivery Schedule _______

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EXHIBIT D

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

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

1. Vendor's Duty to Show Proof of Insurance. Vendor, in order to protect District and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the District's authorized insurance representative, insurance Tracking Services Inc. (ITS).

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

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the District ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “the Estero Municipal Improvement District, its Council members, officials, agents, officers, and employees”. [FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE VENDOR. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE.

PLEASE CONTACT THE DISTRICT MANAGER’S OFFICE WITH ANY QUESTIONS.] 18 Updated 1/18/2022

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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 nonowned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

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

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

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

2. 3.

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

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.

3.3 If Vendor is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Vendor shall provide coverage equivalent to the insurance coverages and endorsements required above. The District will not accept such coverage unless the District determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Vendor is equivalent to the above-required coverages.

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

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Vendor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the District from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
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3.6 Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. District , at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach.

Alternatively, District may purchase such required insurance coverage, and without further notice to Vendor, District shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by District for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse District for the premiums and any associated costs, Vendor agrees to reimburse District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by District to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (DISTRICT) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
Policy
No.

The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

Other: [Cyber Liability, Installation Floater, etc.]
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.

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION:

ADDRESS:

TITLE:
22 Updated 1/18/2022

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TELEPHONE: ( ) DATE ISSUED:
23 Updated 1/18/2022

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Exhibit E
SPECIAL TERMS and CONDITIONS
24 Updated 1/18/2022

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

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

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

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

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

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

2. COVID-19 Conditions and Proposal. Vendor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Vendor’s price and schedule. In order to be 25 Updated 1/18/2022

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

3. Compliance with COVID-19 Proclamations.

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

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

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

5. District Directed Suspension. The District may suspend Services due to COVID19 health concerns, even though the Vendor may be allowed to proceed with the Services based on COVID-19 Proclamations. The District may suspend the Services for its convenience. The Vendor is entitled to a time extension for a District Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Vendor incurs increased costs that are Unknown COVID-19 Costs.

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

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

8. Monitoring and Reporting. District may require the Vendor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Vendor shall immediately report to District any outbreaks of COVID-19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a District building. In the event of an 26 Updated 1/18/2022

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outbreak or an exposure to COVID-19, the District may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

VENDOR: DISTRICT:
________________________
Signature
____________________________
Signature
________________________
Print Name & Title
______________________________
Print Name & Title
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Technical Specifications

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SECTION 16233A
STANDBY POWER SYSTEM EQUIPMENT – CORPORATION YARD
PART 1 GENERAL

1.01 SUMMARY
A. Section includes the following standby power system equipment:

1. Outdoor standby power generator in a sound-attenuated weatherproof enclosure including associated diesel emissions control system, basemounted diesel fuel storage tank and integral resistive load bank.

2. Outdoor, free-standing automatic transfer switch.

B. Overview of Standby Power System Equipment Supply:

1. 2.

Skid-mounted diesel engine-driven standby generator system.

Base-mounted diesel fuel storage tank.

3. 4.

Outdoor weather-proof, sound-attenuated, walk-in generator system enclosure.

Diesel emissions control system (supplied integral within the new standby generator enclosure).

5. 6.

Radiator-mounted resistive load bank system.

Entire supplied, fully-integrated standby power system shall be certified as an Environmental Protection Agency (EPA) “Tier 4 Final” system.

7. Automatic transfer switch housed in an outdoor, free-standing enclosure.

C. Overview of Standby Power System Scope of Supply Responsibility:

1. 2.

The standby power system equipment supplier shall be responsible for the delivery of all system equipment and components to the City of Foster City’s Corporation Yard (Corp Yard) located at:

Foster City Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404
The supplied standby power system fuel storage base tank, standby generator skid equipment and generator enclosure shall be offloaded from the supplier’s delivery truck directly onto an existing concrete equipment pad utilizing hoisting equipment provided by District’s installation Contractor. The standby power system equipment supplier’s field personnel shall be present at the Standby Power System Equipment – Corporation Yard
16233A-1
Foster City/EMID
CIP 405-755
January 2024-DRAFT

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Corp Yard site to direct the offloading of the new standby generator and automatic transfer switch system equipment.

3. Anchoring of the supplied standby power system standby generator and automatic transfer switch equipment to the existing concrete equipment pad shall be provided by Others.

4. Field assembly of the supplied standby power system equipment standby generator equipment (i.e. fuel storage base tank, standby generator skid and generator enclosure) shall be performed by the supplier’s field technical personnel.

5. Requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and statement of changes is submitted for evaluation.

1.02 REFERENCES
A. American Society of Civil Engineers:

1. ASCE 7 – Minimum Design Loads for Building and Other Structures.

B. American Society of Mechanical Engineers:

1. B16.5 – Pipe Flanges and Flanged Fittings: NPS ½ through NPS 24 Metric/Inch Standard.

C. ASTM International:

1. ASTM A106/A106M – Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.

D. Bay Area Air Quality Management District (BAAQMD):

1. BAAQMD Authority to Construct Permit.

2. All applicable rules and regulations, including BAAQMD-specified Source Test Methods and Procedures.

E. California Air Resources Board (CARB).

F. Code of Federal Regulations (CFR):

1. Title 40, Chapter I, Subchapter C, Part 89 – Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

G. Institute of Electrical and Electronics Engineers (IEEE).

H. National Fire Protection Association (NFPA):

1. 2.
30 – Flammable and Combustible Liquids Code.
37 – Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

3. 4.
70 – National Electrical Code.
110 – Standard for Emergency and Standby Power Systems.

I. National Electrical Manufacturers Association (NEMA):

Standby Power System Equipment – Corporation Yard
16233A-2
Foster City/EMID
CIP 405-755
January 2024-DRAFT

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1. MG 1 – Motor and Generators.

J. Underwriters Laboratories:

1. 2.
142 – Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids.
2200 – Standard for Stationary Engine Generator Assemblies.

1.03 DEFINITIONS
A. Acceptance: Formal action of the District in determining that the Vendor’s work has been completed in accordance with the Contract and in notifying the Vendor in writing of the acceptability of the Work.

B. ATS: Automatic Transfer Switch
C. BAAQMD: Bay Area Air Quality Management District
D. CARB: California Air Resources Board
E. CFR: Code of Federal Regulations
F. Contract Document(s): The words “Contract Document(s)” shall mean any or all of the following items, as applicable:

1. 2.

3. Vendor Agreement
Technical Specifications
Drawings
G. Corporation Yard: Corp Yard
H. District: The word “District” refers to the Estero Municipal Improvements District.

I. District’s Installation Contractor: The individual partnership, corporation, or combination thereof including joint ventures who enter into the Contract with the District for the performance of the Work. The term covers subcontractor, equipment and material suppliers, and their employees.

J. EPA: Environmental Protection Agency
K. FDT: Factory Demonstration Test
L. IEEE: Institute of Electrical and Electronics Engineers M. ISO: International Organization for Standardization
N. kW: Kilowatts
O. kVA: Kilovolt-amperes
P. Manufacturer: Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated into the Work.

Q. NEMA: National Electrical Manufacturers Association
Standby Power System Equipment – Corporation Yard
16233A-3
Foster City/EMID
CIP 405-755
January 2024-DRAFT

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R. NFPA: National Fire Protection Agency
S. O&M: Operations and Maintenance
T. Others: Third Party Consultant or Contractor.

U. P&IDs: Piping and Instrumentation Diagrams
V. Project: The work to be performed under the provisions of the Contract.

W. SAE: Society of Automotive Engineers
X. SDS: Safety Data Sheet
Y. Standby Rated Duty: Continuous operation of the supplied standby power system for the duration of any primary power source (i.e. Pacific Gas and Electric Company utility power source) outage to the Corp Yard facility.

Z. Submittals: The information which is specified for submission to the District in accordance with the Contract Documents.

AA. Suppliers: Any person who or which supplies materials or equipment for the Work, including that fabricated to a special design.

BB. Suppliers Field Personnel: Any person who supplies materials or equipment for the Work, including that fabricated to a special design.

CC. UL: Underwriters Laboratory
DD. Work: The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion and fulfillment of the Contract.

1.04 SYSTEM DESCRIPTION
A. Supply a complete standby generator power system comprised of, but not limited to, the following equipment and accessories:

1. Environmental Protection Agency (EPA) Tier 4 compliant diesel engine-driven generator system having a minimum standby power rating of 1,000 kilowatts (kW) / 1,250 kilovolt-amperes (kVA) with an output voltage of 480 volts, 3- phase.

2. Base-mounted diesel fuel storage tank with minimum capacity of 3,426 gallons.

3. 4.

Outdoor-rated, walk-in generator enclosure with sound-attenuation design.

Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA Tier 4 compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

Integral, radiator-mounted resistive load bank, rated 300 kW, 480 volts, 3- phase.

5. 6. New automatic transfer switch.

B. The supplied standby power system equipment shall operate in conjunction with the supplied, new automatic transfer switch and existing site power distribution equipment. The new standby power system shall operate in an “open-transition” Standby Power System Equipment – Corporation Yard
16233A-4
Foster City/EMID
CIP 405-755
January 2024-DRAFT

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configuration. There are no requirements for the supplied standby power system to operate in parallel with any other power supply source.

C. The supplied equipment and accessories specified in this section shall be installed by both the supplier’s field personnel and by Others as specified herein. Below is a summary of the supplied equipment installations:

1. The new diesel engine-driven standby generator system (generator), basemounted fuel storage tank and outdoor enclosure shall be installed on and anchored to a new, outdoor concrete equipment pad. The new concrete equipment pad and anchoring of the new generator to the new pad shall be provided by Others. Final assembly of the base-mounted fuel storage tank, standby generator skid and generator outdoor enclosure shall be provided by the supplier’s field personnel.

2. 3.

The new generator shall be connected to the existing Corp Yard power distribution and control systems as specified herein and as indicated on the attached Drawings. Installation of new raceways, conductors and connection of the new generator to the existing Corp Yard power and control systems shall be provided by Others.

The new diesel emissions control system (DECS) equipment and accessories shall be supplied as an integral part of the new standby generator system equipment, factory-mounted within the new generator equipment enclosure.

D. Installation inspection, configuration, start-up and commissioning of supplied equipment and systems shall be provided by the equipment supplier as specified herein. Supplier shall provide these on-site services after all supplied equipment and systems have been installed and are ready for start-up and commissioning.

Supplier shall include on-site service costs in overall equipment supply proposal based upon an estimated time frame which includes supplied equipment submittal development and review, manufacturing and procurement of all supplied equipment to the Corp Yard site and an approximate 6-month installation time frame for installation of the supplied equipment (from time of equipment delivery to the site) with all present service rate escalations included in the proposal.

E. Consumables such as coolant, lubrication materials and filters required for start-up and commissioning of the new standby power system shall be included in the supplier’s scope of supply. Initially required diesel fuel and urea fluid shall be provided by the Supplier as required to facilitate start-up and commissioning of the new standby power system.

F. On-site training of District personnel for supplied standby power system equipment and accessories shall be provided by the equipment supplier as specified herein.

Supplier shall provide this on-site training after all supplied equipment and systems have been commissioned by the equipment supplier. Supplier shall include on-site training costs in overall equipment supply proposal based upon an estimated time frame of providing the training approximately one (1) month after all supplied systems have been commissioned with all present service rate escalations included in the proposal.

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1.05 MANDATORY REGULATORY REQUIREMENTS FOR STANDBY POWER SYSTEM

DESIGN AND SUPPLIER
A. Manufacturer shall furnish for the engine CARB-certification, or EPA-certification (Tier 4).

B. Manufacturer shall furnish for the engine CARB-certified emissions data, or EPAcertified emissions data, including the following identified pollutants: nitrogen (NOx), hydrocarbon and other organic compounds (POC), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM10).

C. The supplied engine shall be designed for, and operate exclusively with, CARB diesel fuel (see link for diesel specs: https://ww2.arb.ca.gov/sites/default/files/2020- 03/dieselspecs.pdf).

D. The supplied engine shall be designed for, and manufactured with, the most effective emissions control device, or best-available control technology (BACT) meeting the guidelines specified by BAAQMD (see link for determinations:
https://www.baaqmd.gov/~/media/files/engineering/bact-tbactworkshop/combustion/96-1-5.pdf?la=en).

E. The supplied engine shall meet the requirements of BAAQMD Regulation 6-1-303 for visible emissions limitations.

F. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-301 for sulfur dioxide emissions limitations at ground level.

G. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-304 for allowable engine fuel requirements.

1.06 SUBMITTALS
A. Provide submittals in electronic Adobe .pdf format. Each submittal shall be combined into an organized, bookmarked, single .pdf file, printable by the District.

B. The new generator, sub-base fuel storage tank, generator enclosure, DECS equipment and load bank shall all be included in a single, organized, tabbed submittal, arranged with cohesive continuation references between various supplied system equipment and components.

C. Provide a .pdf tab labeled “Notes to Reviewer” that states any exceptions, clarifications or requests for information from the District.

D. Provide a comprehensive, itemized bill of material that matches all product data and information included for all each supplied standby power generator system and automatic transfer switch equipment..

E. Partial submittals, poorly organized submittals without bookmarks keyed to bill of material entries or unsearchable submittals shall be rejected without review.

F. Provide customized electrical interconnection diagrams for all supplied equipment and systems. Submittal of “generic” electrical interconnection diagrams which are Standby Power System Equipment – Corporation Yard
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not specific to this scope of supply shall be rejected without review. Customized electrical interconnection diagrams shall include the following minimum information:

1. Depiction of all field-routed conductors that are connected to equipment provided under this scope of supply and provided by Others. Field wiring shall be depicted utilizing dashed lines.

2. 3.

4. Specific, unique terminal block numbers for each field conductor termination point included with equipment provided under this scope of supply.

Recommended size of each power and control conductor indicated on the electrical interconnection diagrams that shall be provided by Others.

Upstream voltage, phase and ampere rating required for each external power supply required for equipment provided under this scope of supply (e.g. generator block heater, generator battery charger, DECS equipment, etc.).

G. Submittal General Requirements:

1. Generator fabrication schedule, including anticipated factory acceptance testing dates and equipment delivery date to the project site relative to final acceptance of all submittal information.

2. Safety data sheet (SDS) for lubricant, touch-up paint, and any other chemicals supplied on this project.

3. 4.

Itemized bill of material.

Itemized list of extra materials furnished specifically for this project, including quantities, description, and part numbers.

5. 6.

Manufacturer’s renewal parts literature and cost quotation for one year’s recommended spare parts and special tools for all equipment.

Contact information for the Supplier’s representative(s) that shall be conducting manufacturers’ field services, site tests, and on-site inspections.

7. 8.

Warranty.

Maintenance contract: Submit options for standby generator system maintenance agreement to provide periodic routine, periodic onsite maintenance and on-call services to address equipment issues. Submittal shall clearly define proposed services, frequency of services, on-call maximum response times based upon the equipment installation location(s) and cost information for maintenance agreement. District shall review submitted information for consideration of entering into a maintenance agreement with the standby generator equipment supplier. A maintenance agreement is not included as part of this package of supply and any agreement for maintenance shall be separate from the specified scope of supply contained herein.

H. Quality Assurance Submittal Information:

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1. Prototype testing results: Certification of the following prototype test results:
a. Use design prototypes similar to the equipment specified in this Section for testing, not the actual, supplied equipment.
b. Minimum prototype testing requirements:
1) In accordance with NFPA 110.
2) Maximum power in kW.
3) Maximum starting kilovolt-ampere at 35 percent instantaneous voltage dip.
4) Alternator temperature rise by embedded detector
5) Governor speed regulation under steady state and transient conditions.
6) Fuel consumption at 25 percent, 50 percent, 75 percent, and 100 percent load.
7) Harmonic analysis, voltage waveform deviation, and telephone influence factor.
8) Cooling airflow rate.
9) Torsional analysis testing to verify that the generator set is free of harmful torsional stresses.
10) Endurance testing.

I. Emissions:

1. 2.

Certification of EPA and BAAQMD compliance for a Tier 4 standby power system including verification of compliance of requirements specified herein.

Other exhaust characteristics and emissions limitations as required by BAAQMD for the supplied standby power system.

J. Certifications:

1. Certification of the emissions performance of the engine by the engine manufacturer. Include the EPA certificate of conformity with the Clean Air Act for the model year and engine family of the engine specified in this Section.

2. 3.

Certified torsional vibration analysis between the engine and generator as required by NFPA 110, 5.6.10.2.

Seismic qualification certification:
a. Seismic qualification certification for the overall diesel engine-driven generator set, fuel storage base tank, standby generator enclosure, engine starting batteries and battery rack, accessories, and factorysupplied components, in accordance with the seismic design parameters listed in Article 1.06 – Quality Assurance.

4. 5.

Certification of equipment by Underwriters Laboratory (UL) or other equivalent nationally recognized independent testing laboratory.

Factory certification of the radiator capacity at the specified ambient conditions.

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6. 7.

Certified production test reports for battery chargers.

Upon completion of installation of the standby power system, the Supplier shall issue a certification of compliance for the system installation performed by Others following an on-site inspection by supplier’s field technical personnel.

This certification shall confirm that the equipment installation performed by Others has been properly installed for all supplied systems and that the standby power system is ready for final commissioning and acceptance.

K. Shop Drawings:

1. Provide detailed dimensional and to-scale plan and section drawings for the proposed skid-mounted generator system that includes the following minimum information:
a. Length, width and height dimensions, stated in inches for fully-assembled fuel storage base tank, generator equipment skid and generator enclosure.
b. Dry and wet weights, in pounds, of complete, assembled standby power system package that includes skid-mounted fuel storage base tank, generator equipment skid and outdoor enclosure.
c. Provide a rigging diagram that indicates the location and lifting capacity of each lifting attachment and center of gravity for fuel storage base tank, generator equipment skid and generator enclosure.
d. Electrical conduit stub-up and equipment entry locations. e. Piping and instrumentation diagrams (P&IDs).

2. Electrical Drawings: In addition to customized interconnection diagrams specified herein, the following system-specific electrical drawings shall be submitted for review:
a. AC schematic diagrams.
b. DC schematic diagrams.
c. Communications diagram.
d. Engine control schematic diagrams.
e. Supplied standby power system package wiring diagrams.

L. Engine:

1. 2.

Number of cylinders, bore, stroke, and piston speed.

Displacement in cubic inches.

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3. 4.

5. 6.

7. 8.

9. Compression ratio.

Engine RPM at 60 hertz.

Combustion air flow rate required.

Cooling air flow rate required.

Size of exhaust outlet.

Exhaust flow rate and temperature at full rated load.

Gauges, including description of value indicated and indicating ranges and units.

10. Jacket water heater quantity, power consumption per unit, and voltage and phase (i.e., single or three-phase) for each unit.

11. Type and grade of fuel oil recommended.

12. Fuel oil consumption at 25 percent, 50 percent, 75 percent and 100 percent of rated engine-generator system nameplate maximum power output.

13. Type and grade lubricating oil recommended.

14. Amount of lubricating oil required per oil change.

15. Normal lubricating oil consumption rate.

16. Recommended lubricating oil change periods stated in both runtime hours and calendar days.

17. Time interval from start-up contact closure until full load capabilities are available.

18. Engine-generator system acceptable ambient temperature operating range.

M. Governor: Manufacturer, model, and engine speed governing accuracy.

N. Radiator information.

O. Emissions:

1. After installation and start up of the new standby power system, the District shall retain the services of an independent, certified, source testing firm for the performance an emissions source test on the standby power system using methods as required by BAAQMD Authority to Construct. The retained firm shall perform this testing and shall comply with all related requirements, including test methods, time periods, and reporting. The supplier scope of Standby Power System Equipment – Corporation Yard
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supply shall include all costs required for making on-site modifications and adjustments to the complete, installed, operating standby power system for compliance with the BAAQMD requirements until acceptable testing results are obtained by the District’s retained testing firm.

2. Emission testing data shall be gathered at rated speed and load as measured by Society of Automotive Engineers (SAE) J177 and J215 or International Organization for Standardization (ISO) 8178 recommended practices.

P. Silencer:

1. 2.

Silencer grade, overall dimensions and weight.

Silencer noise attenuation curves.

3. Supplier shall provide all necessary information and data including, but not limited to, piping, fittings, silencer, and rain cap.

4. 5.

Exhaust system loss calculations.

Free field mechanical noise level at 23 feet. Provide overall decibels (dBA) referenced to 20 µPa.

6. Exhaust sound level in dBA 5 feet from the discharge end of silencer.

Q. Synchronous Generator:

1. 2.

Maximum rated kilowatt (kW) output.

Maximum rated kilovolt-ampere (kVA) output and power factor.

3. Rated voltage and phase.

4. 5.

6. 7.

8. Maximum rated output current.

Number of poles and synchronous speed.

Number of leads and wires per lead.

Winding pitch.

Stator and field ratings including temperature rise at full and overload conditions.

9. Insulation system: include insulation class, stator temperature rise, rotor temperature rise, heat dissipation (kW), and required air flow (m3/min).

10. Impedances (provide in per unit with base values or in ohms):
a. Stator winding (armature) resistance (Ra).

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b. Field winding resistance.
c. Synchronous reactance - direct axis (Xd).
d. Synchronous reactance - quadrature axis (Xq).
e. Transient reactance – direct saturated (X'ds).
f. Subtransient reactance - direct axis (X''d).
g. Subtransient reactance - quadrature axis (X''q).
h. Negative sequence reactance (X2).
i. Zero sequence reactance (X0).

11. Time Constants:
a. Open circuit transient – direct axis (T'd0).
b. Short circuit transient – direct axis (T'd).
c. Open circuit subtransient – direct axis (T"d0).
d. Short circuit subtransient – direct axis (T"d).
e. Open circuit subtransient – quadrature axis (T"q0).
f. Short circuit subtransient – quadrature axis (T"q).
g. Exciter time constant (Te).
h. Armature short circuit (Ta).

12. Short circuit ratio of the field current required for rated open circuit voltage to the field current required for rated short-circuit current.

13. Generator excitation voltage and excitation current at no load and full load.

14. Generator overtemperature protection: Per equipment manufacturer’s recommendations with corresponding shutdown alarm for generator overtemperature.

15. Generator center of gravity, stator weight, rotor weight, rotor balance, and overspeed capacity.

16. Generator torsional data model including the coupling and fan, generator rotor, and exciter end.

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17. I2
t or K (heating time constant).

18. Voltage and frequency variation and duration with load step application and removal of 25 percent, 50 percent, 75 percent, and 100 percent of resistive load based on maximum kW rating.

19. Generator efficiency at 25 percent, 50 percent, 75 percent, and 100 percent of load based on maximum kW rating.

20. Capability Curves:
a. Motor starting capability – percent voltage dip versus starting kVA. b. Current decrement curves for an instantaneous three-phase fault, instantaneous line-line fault, and instantaneous line-neutral fault. c. Open circuit curve – line-line voltage versus field current. d. Short circuit curve – armature current versus field current. e. Zero power factor curve – line-line voltage versus field current. f. Air gap curve – line-line voltage versus field current. g. Reactive capability curve operating chart – kW versus kVAR showing leading and lagging quadrants and engine limit line.
h. Short-time overload curve – percent rated armature current versus time for Class H insulation.
i. Certified published engine horsepower curves showing manufacturer's engine rating for generator set standby and prime power application.

21. Anti-condensation space heater kilowatt, voltage, and phase requirements for all anti-condensation space heaters supplied (e.g. generator space heater(s), battery system space heater(s), block heater(s), etc.).

R. Voltage Regulator: Manufacturer, model, and generator voltage regulating accuracy.

S. Generator equipment skid-mounted local controls/control panel:

1. 2.

Control panel dimensions, conduit entry details, and NEMA rating.

Generator monitoring and protection features.

3. 4.

Engine monitoring and protection features.

Control features.

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5. 6.

7. Signal input/output (I/O) provisions.

Communications provisions.

Modbus register map.

T. Skid-mounted generator batteries and associated battery charger:

1. Include battery charger maximum power requirement, supply voltage and phase, and physical dimensions of batteries and charger proposed.

2. 3.

4. 5.

Batteries and accessories.

Battery rack.

Battery charger and accessories.

Spill containment systems.

U. Testing:

1. 2.

Manufacturer’s test procedures, checklists, and test forms.

Certified factory test reports for:
a. Engine-generator set.
b. Battery charger.
c. Engine-generator factory testing:
1) 0.8 pf generator set test report, tested at full load and no load. 2) Alternator test sheet.
3) Static, transient, and 8-hour load test report.
d. The corrective item punch list developed during factory testing with a point-by-point description of how each punch list comment was addressed.

3. Following complete installation of the supplied standby power system by Others, supplier’s field technician(s) shall provide the following on-site testing services to provide certified field test reports:
a. Alignment and end play.
b. Load tests with the supplied resistive load bank.
c. Vibration tests.

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d. Engine backpressure test.
e. Integrated standby power system tests to confirm proper standby power system functional operation with the Corp Yard power distribution system.

V. Product data and system integration information for the equipment and components which comprise the diesel emissions control system (DECS) and the associated field installation and connection to the supplied standby generator equipment.

Required information includes, but is not limited to, the following:

1. 2.

Converter housing shop drawings.

Monitoring system.

3. 4.

5. General DECS equipment and component arrangement within the generator enclosure including dimensions.

Electrical and mechanical interconnection diagrams for connection of the DECS equipment and components to the standby generator equipment.

Manufacturer’s emissions and performance data showing input emissions (from engine) and output emissions (from catalyst system) for all targeted emissions, including pressure drop and urea consumption rates at full-rated output of the standby generator.

6. DECS system performance data sheet indicating guaranteed exhaust emission data that is in compliance with BAAQMD requirements at 100% generator loading for the following:
a. Nitrogen Oxide (NOx).
b. Carbon Monoxide (CO).
c. Non Methane, Non Ethane Hydrocarbons (NMNEHC).
d. Formaldehyde (CH2O).
e. Ammonia (NH3) slip.
f. Particulate Matter (PM).

W. Resistive Load Bank:

1. 2.

Product data indicating specific model number and features proposed.

Operating voltage, phase and kW rating.

Local and remote control features.

Electrical interconnection diagrams.

3. 4.

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X. Operation and Maintenance (O&M) Manuals: General format and configuration of O&M manuals shall comply with the following:

1. A minimum of four (4) weeks prior to delivery of the new standby system equipment to the project site, Supplier shall submit O&M manual information for review.

2. O&M manuals shall be submitted for review in electronic .pdf format. After District acceptance of O&M manuals, final O&M manuals shall be submitted in both electronic .pdf format along with four (4) hardcopy sets of manuals, provided in three-ring binders.

3. O&M manuals shall include the following minimum information:
a. Operating instructions and a maintenance manual presenting full details for care and maintenance of all equipment comprising the complete standby power system.
b. Detail the operational functions of all standby power system controls, indicators and alarms.
c. Include standard equipment operational manuals normally furnished by the manufacturer to supplement the customized operational instructions and information specific to this project’s scope of supply. d. Installation guidelines for the DECS converter housing, catalyst, filter and control system.

4. Maintenance Manual:
a. Instructions covering all details pertaining to care and maintenance of all supplied standby power system equipment as well as data identifying all parts.
b. These manuals shall include, but are not limited to, the following:
1) Adjustment and test instructions covering the steps involved in the initial test, adjustment, and start-up procedures.
2) Detailed control instructions, which outline the purpose and operation of every control device used in conjunction with operating the standby power system.
3) Complete set of “As Built” custom electrical and mechanical integration shop drawings in AutoCAD 2016 format.
4) Provide two (2) shop manuals to the District that are identical to the manuals used by manufacturer-authorized shop repair personnel. At minimum, provide shop manuals for the supplied engine, radiator, generator and engine-generator local controls/control panel.

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Y. Training plan and schedule: Include a minimum of two (2) on-site training sessions by supplier’s technical field personnel to occur on non-consecutive days. Each training session shall include the complete supplied standby power system equipment including the standby generator, DECS equipment and load bank equipment.

Z. Automatic Transfer Switch Submittals: As specified in paragraph 2.15 herein.

1.07 QUALITY ASSURANCE
A. A single supplier shall provide all equipment and components which comprise the standby power system scope of supply specified herein.

B. Standby generator manufacturer shall have a minimum of 25 years of experience in the manufacture and production of 480V diesel engine-driven standby generator equipment with no less than ten (10) similar generator units that are in operation that have been installed within the last five (5) years.

C. Supplier shall have no less than ten (10) similar rated (i.e. 1,000 kW to 2,000 kW) generator units that are in operation that have been installed within the last five (5) years which include the proposed diesel emissions control system (DECS) configuration for overall standby power system compliance with EPA Tier 4 and BAAQMD requirements.

D. Generator set shall be manufactured to the applicable specifications on file with UL and labeled with the UL 2200 mark.

E. To the maximum extent possible, all electrical components, devices, and accessories shall be listed or labeled by Underwriters Laboratories or other equivalent nationally recognized testing laboratory.

F. Seismically Qualified Equipment:

1. 2.

Provide certification that the diesel engine-driven generator is seismically qualified by an approved shake table testing report following the requirements in Section 13.2 of ASCE 7-16.

The skid-mounted battery rack shall be qualified for use in high seismic loading as defined in IEEE Std 693-2005 (i.e., “IEEE-693 High”), for in-service installation anchored in accordance with the supplier’s accepted seismic anchorage calculations.

1.08 DELIVERY, STORAGE AND HANDLING
A. Standby power system supplier shall be responsible for the transport and delivery of all system equipment and components to the following location:

Foster City Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404
District Contact Information:

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Frank Schoening
Phone: (650) 286-3550
B. Delivery by the system equipment supplier shall include provisions which facilitate offloading the standby power equipment from the delivery truck to on-site location as specified herein. Supplier shall be responsible for coordinating all delivery scheduling, hoisting equipment recommendations and recommended personnel required at the delivery site for offloading of the standby power system equipment with the District as specified herein and as required.

C. Equipment shall not be shipped to the site until:

1. 2.

Certified factory test reports, including the corrective item punchlist developed during the factory demonstration test, have been approved by the District or The District inspector authorizes release for shipping at the factory demonstration test.

D. The Supplier shall schedule and coordinate off-loading of the standby power system equipment at the project site with the District for each delivery date required to encompass complete delivery of all system equipment and components:

1. 2.

3. Lifting equipment required for offloading equipment at the project site shall be provided by Others based upon recommendations provided by the equipment supplier as specified herein.

Furnish all standby power system equipment with removable lifting and jacking angles, eyebolts, etc., attached to equipment structural framing and/or bases to facilitate unloading and move-in operations.

Include provisions on equipment skids for the use of "Multiton" type rollers for moving the equipment skid into position and then removal of the "Multiton" rollers for setting the equipment skid in place.

E. Ship equipment, material, and spare parts complete except where partial disassembly is required for transportation or for protection of components.

F. The Supplier shall protect and securely pack the equipment for the environmental conditions during transit to the jobsite.

G. Ship the packaged diesel-engine driven generator as complete as possible, with the latest revision of the bill of material. Minimize the number of components removed for shipping or sent loose for field reassembly.

1.09 PROJECT CONDITIONS
A. Ambient Temperature: -15 degrees Celsius to 50 degrees Celsius.

B. Relative Humidity: 0 to 95 percent.

C. Altitude: Sea level.

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1.10 SEQUENCING
A. Complete factory prototype and factory production tests in accordance with NFPA 110 before shipping the equipment to the project site.

B. Supplier shall coordinate with the District for delivery date(s) for each specific date that a portion of the standby power system equipment is planned for delivery to the project site no less than eight (8) weeks prior to planned delivery date. Final delivery date(s) shall be mutually agreed upon between the supplier and the District before delivery date(s) are finalized.

1.11 WARRANTY
A. Provide minimum five (5) year system supplier’s warranty valid from date of final acceptance by the District. Final acceptance shall occur after final installation is completed by the District’s installation Contractor and the complete standby power system successfully passes an on-site acceptance test in accordance with NFPA 110, 7.13, operated in conjunction with the Corp Yard power distribution system and Corp Yard control system. The supplier shall assume that Final Acceptance of the system shall occur within six (6) months after delivery of all standby power system equipment and components to the project site.

B. The warranty shall include all repair parts, labor, travel expenses of manufacturer’s technician to the installation site, and expendables (i.e., lubricating oils, filters, antifreeze and other service items made unusable by the defect).

C. Base the warranty on 500 hours of run time per year.

D. The warranty shall include a manufacturer-supplied, temporary, portable standby generator unit and associated temporary interconnection cabling to serve as a temporary standby generator unit should warranty period repairs require more than 48 hours to accomplish. Temporary generator rating shall match that for the supplied new standby generator equipment. Supplier shall be responsible for all costs including mobilization of the equipment to and from the project site and all labor and materials required to connect the temporary generator to the Corp Yard power and control systems.

1.12 COMMISSIONING
A. The supplier shall provide on-site services of technical installation and start-up personnel that are certified by the specific equipment manufacturer for the installation, pre-startup inspection, initial start-up and commissioning of all new standby power system equipment and components.

B. The supplier shall provide written certification that the complete standby power system has been successfully commissioned and is ready to be placed into normal operation once all on-site commissioning tasks have been successfully completed and all corrective punchlist items have been addressed and resolved.

1.13 TRAINING
A. Each training session specified herein shall be organized as follows:

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1. 2.

Introduction:
a. Single-line diagram overview to familiarize participants with the facility’s electrical distribution system.
b. P&ID drawing overview to familiarize participants with the fuel storage, supply, and return system.

Review of the O&M Manual:
a. Overview of each binder section in the O&M manual.
b. Key drawings that indicate power flow, overall switchgear arrangement, and switchgear control.
c. Include discussion of how and where to order renewal parts, procedures for initiating warranty work, and manufacturer contact information.

3. Classroom training topics:
a. Discussion of diesel engine-driven generator components and their functions.
b. Safety precautions.
c. Operation.
d. Inspection and maintenance.
e. Cleaning and lubrication.
f. Fluid recommendations.
g. Procedures for proper storage for the engine and the generator during periods when the engine-driven generator set is out of operation for extended periods.
h. Precautions for operation at partial load.
i. Troubleshooting guide, with specific trouble item, possible causes, and suggested corrective actions.

4. Hands-on exercises:
a. Visually identify engine-driven generator components and understand their functions.
b. Demonstrate engine control panel use, including manually starting the engine, menu navigation, fault acknowledgment, and emergency stop. c. Demonstrate battery charger control panel use, including menu navigation and fault acknowledgment.

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d. Demonstrate how to change air, fuel, and oil filters. e. Demonstrate how to relieve pressure from fuel and oil lines prior to maintenance.
f. Demonstrate procedures for initial startup after a period of non-operation. g. Demonstrate each of the manufacturer’s recommended daily, weekly, every 300 service hours, every 6 months, and every year maintenance activities described in the O&M manual.

1.14 MAINTENANCE
A. Extra materials:

1. 2.

3. Box or package extra materials for long-term storage. Identify each item with manufacturer’s name, description and part number on the exterior of the package.

Provide specialty tools necessary for routine maintenance of the equipment.

Special tools are those that only the manufacturer provides, for special purposes, or to reach otherwise inaccessible parts.

Furnish the following extra materials:
a. Three sets of lube oil filters, fuel oil filters, and gaskets. b. Two sets of air filters.
c. Two fuses (for each control and power circuit).
d. One set of crankcase breather filters, when used.
e. Generator manufacturer’s PC-based software for connection to the engine-mounted control panel.

PART 2

2.01 MANUFACTURERS
A. The following list of manufacturers is based on general capability of a single

PRODUCTS
supplier to manufacture and supply engine-generator, diesel emissions control system and load bank equipment and components to provide an EPA Tier 4 and BAAQMD compliant standby power system as a custom-integrated, complete system. This list makes no statement as to the capability of the listed manufacturers to meet the Contract Document requirements. The burden of proof of conformance with the Contract Documents lies with the Supplier. Customintegrated, complete standby power system shall be supplied by one of the following:

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
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1. 2.

3. Kohler.

Caterpillar.

Cummins.

2.02 ENGINE GENERATOR EQUIPMENT
A. Characteristics of assembled skid-mounted engine-generator unit provided:

1. 2.

3. Engine-driven generator consists of a diesel engine directly coupled to an electric generator providing electric power.

Each engine shall start, attain full speed, voltage, and assume full load within a maximum of 10 seconds, with jacket water at 85 degrees Fahrenheit.

Furnish each engine-driven generator on a steel sub-base to support engine, generator and accessories as a single unit:
a. Base: Welded construction.
b. Engine direct connected through a flexible coupling to a single bearing generator.
c. System free of injurious torsional and bending vibrations within a speed range from 10 percent below to 10 percent above synchronous speed. d. Engine-driven generator balanced such that the peak-to-peak amplitude of vibration velocity in any direction does not exceed the engine or generator manufacturer's published limits.
e. If shims are required under the feet of the generator for alignment purposes, use 1-piece laminated shim stock that covers at least 90 percent of the foot.
f. Supply a complete assembled engine-driven generator skid requiring only field electrical and mechanical connections.

4. Connections to engine-driven generator skid:
a. Flexible connections are required on all connections to the engine generator.
b. Flexible connections include but are not limited to:
1) Exhaust.
2) Fuel lines.
3) Radiator discharge air ductwork.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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c. The length of all flexible connections to exceed the flexible connector manufacturer’s minimum length recommendations for the diameter used and for the misalignment as measured after installation.

B. Generator system performance requirements:

1. Standby power output ratings:
a. 1,000 kilowatts, minimum.
b. 480/277 volts.
c. 0.8 power factor.
d. 3-phase, 4-wire, 60 hertz.
e. In accordance with NEMA MG-1 temperature rise limits.

C. Engine Requirements:

1. 2.

3. 4.

5. 6.

Engine Type: 4-Stroke Cycle, turbocharged, intercooled.

Maximum Rotational Speed: 1,800 rpm.

Minimum Piston Displacement: 1,648 cubic inches.

Main Bearings: Minimum of five, replaceable insert type.

Cooling: Liquid cooled with engine driven coolant pump.

Fuel Type: Meet specifications when operating on Number 2 diesel fuel oils meeting the requirements of the BAAQMD; engines requiring premium fuels shall not be considered.

7. Emissions: Meet the requirements of EPA Tier 4 and BAAQMD when operated in conjunction with the supplied diesel emissions control system (DECS).

8. Air filters: Replaceable dry element type with dirty condition differential pressure indicator.

9. Lube oil filters: Cartridge type.

D. Governor: Electronic, digital type to regulate engine speed within 0.25 percent at any constant load from no load to full load.

E. Generator Requirements:

1. 2.

3. Type: Synchronous, 4-pole, rotating field.

Exciter Type: Brushless, permanent magnet.

Leads: Quantity of twelve (12), re-connectable.

Standby Power System Equipment – Corporation Yard
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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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4. 5.

6. Insulation: Class H, 130 degrees Celsius temperature rise per NEMA MG1.

Bearing: Sealed type.

Coupling: Flexible disc.

7. Amortisseur Windings: Full.

8. 9.

Voltage Regulation: +2% average, no-load to full-load.

One-Step Load Acceptance: 100% of rating.

10. Unbalanced Load Capability: 100% of rated standby current.

11. NEMA MG1, IEEE, and ANSI Standards compliance for temperature rise and motor starting.

12. Capable of sustained short circuit current up to 300% of rated current for 10 seconds.

13. Self-ventilated, drip-proof construction.

14. Vacuum impregnated windings with fungus-resistant epoxy varnish.

2.03 COOLING SYSTEM
A. Liquid-cooled, rated for continuous operation with a maximum ambient temperature of 50 degrees Celsius.

B. Engine-driven fan.

C. Radiator: Mounted on the engine skid.

D. Coolant Solution: Provide solution of 50 percent ethylene glycol and softened water; add chemical water conditioner as recommended by the engine manufacturer.

E. Jacket Water Heater: Sized to maintain engine jacket water to 90 degrees Fahrenheit for an ambient temperature of 0 degrees Celsius.

F. Radiator Hoses: Provide premium, oil resistant hoses of Viton or silicone rubber carcass with reinforcing fabric; assembly to be suitable for a minimum service temperature of 250 degrees Fahrenheit.

2.04 FUEL SYSTEM
A. Subbase Fuel Tank: Provide a subbase fuel tank meeting the following:

1. 2.

Provide UL listed tank with secondary containment rupture basin.

Construction: Reinforced steel channel system with minimum thickness of 7 gauge for channels and 12 gauge for tank construction.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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3. 4.

Provide tank baffle to separate hot fuel return from cooler supply fuel.

Provide the following connections:
a. 1.25 inch minimum vent; CONTRACTOR to pipe vent to outside any room or enclosure containing the generator set; use schedule 40 black steel pipe for vent.
b. 2 inch minimum fill connection.
c. 2 inch minimum fuel storage level gauge.
d. 1.25 inch minimum low fuel level alarm; provide level switch and connect to control panel.
e. 0.5 inch minimum fuel supply with dip tube.
f. 0.5 inch minimum fuel return with dip tube.

5. 6.

7. Provide rupture basin level switch and alarm.

Provide interior coating system as recommended by the manufacturer.

Provide exterior coating as recommended by the manufacturer.

B. Fuel Filters: Size filters for 10 percent above the engine fuel pump capacity:

1. 2.

3. Provide water/fuel separator.

Provide primary fuel filter.

Provide secondary fuel filter.

C. Engine Fuel Pump: Provide engine-driven fuel pump.

D. Minimum Subbase Fuel Tank Storage Capacity: 3,426 gallons.

2.05 EXHAUST SYSTEM
A. Exhaust Piping:

1. Type: Schedule 40 high temperature black steel pipe conforming to ASTM A106.

2. Drainage: Slope piping to a drain point and provide drain plug.

B. Exhaust Expansion Joints:

1. Type: Metal with convoluted portion of 0.038 inch thick Type 321 stainless steel; non-convoluted portions of expansion joint to be Type 304 stainless steel, Schedule 10S pipe; provide flanged ends with ASME B16.5, Class 150 bolt hole drilling.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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2. 3.

Length: Minimum of 18 inches in length.

Movement: Rated for a minimum of 1 inch lateral movement, and 1/2 inch axial movement; rated movement defined as plus or minus travel from neutral or free position.

4. 5.

Design Life: Infinite cycle life with 1,200 degrees Fahrenheit exhaust, no insulation over the expansion joint, and continuous duty service.

Insulation: Insulate expansion joints with custom fitted, removable with reusable fastening system, ceramic fiber insulation blankets enclosed between inner and outer high temperature fabric cover rated for 1,200 degrees Fahrenheit continuous duty; do not insulate expansion joints directly connected to turbocharger outlet.

C. Exhaust Silencer:

1. Type: Heavy duty industrial type fabricated of welded steel with ported tubes and snubbing chambers, and a rating meeting the specified sound attenuation.

2. 3.

End Connections: Steel flanges with Class 150 pound drilling pattern.

Shell: Sufficiently heavy and reinforced to eliminate excessive vibration, stress or deflection and to support all operating loads with the silencer at elevated temperatures and insulated as specified; loads include insulation weight and connecting piping.

4. 5.

Drain: Provide threaded, plugged condensate drain.

Sound Attenuation: Attain the following minimum sound attenuation at the listed octave band center frequencies with the engine at full load:

Frequency (Hz) 63 125 250 500 1,000 2,000 4,000 8,000
Attenuation (dB) 39 42 42 40 38 38 38 38

2.06 WEATHERPROOF ACOUSTICAL HOUSING
A. Type: Provide aluminum walk-in type engine-generator enclosure to protect engine, generator, starting system, batteries and other specified accessories from weather exposure. Enclosure shall meet specified seismic criteria and wind gusts up to 100 mph.

B. Enclosure shall be designed to allow easy maintenance and fitted with 316 stainless steel lockable latches, hinges and door hardware.

C. Finishing: Enclosure shall be provided with manufacturer’s recommended highest quality available coating option for usage in locations subject to sea air.

D. Noise Reduction: Provide acoustical insulation and acoustical enclosure ventilation louvers and fan discharge silencers as necessary to achieve a maximum measured Standby Power System Equipment – Corporation Yard
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Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
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sound pressure level (dBA) of 70 dBA when measured at 23 feet from the enclosure; protect acoustical insulation with perforated metal covers and plastic bagging to prevent damage from abrasion or weather elements.

E. Provide interior of enclosure with 480-120/240V step-down transformer, 120/240V panelboard, LED lighting, lighting switches and GFCI receptacles. Step-down transformer shall be supplied from the Corp Yard power distribution system with connections between step-down transformer and Corp Yard provided by Others.

F. Two (2) lockable personnel doors with panic release.

2.07 ENGINE – GENERATOR CONTROL SYSTEM
A. Manufacturer: Control system shall be generator system manufacturer’s recommended standard, mounted within interior of engine generator weatherproof enclosure.

B. Switches, Alarms and Monitors: Provisions for external, hardwired signal connections for automatic starting/stopping and minimum of ten (10) dry contacts for remote alarm and status signals related to the engine generator system. Three (3) of the ten (10) programmable dry contacts shall be factory-programmed for the following remote signal connections to the pump station control system:

1. Generator Running indication.

2. Generator Failure alarm.

3. Low Fuel Level alarm.

4. Generator Ready (In Auto) indication.

C. Remote starting and of the standby power system generator shall be provided from the new, supplied Corp Yard automatic transfer switch (ATS) via a normally-open dry contact located at the ATS. When the standby power system is in the “Automatic” mode, closure of the normally-open, remote ATS contact shall start the generator and it shall continuously operate until the remote ATS contact opens.

Upon opening, the generator shall enter cool-down mode.

D. Fuel level (high and low level), fuel level indication (in gallons) and fuel tank leak alarm shall be factory-wired to the manufacturer’s control panel with the capability to program the remote dry contacts for the alarm signals.

E. Control panel shall be provided with Ethernet communication provisions for transmission of programmed status and alarm signals to the District’s remote SCADA system via the Ethernet communication. A Modbus TCP/IP to Ethernet IP converter shall be provided as required within the generator control panel. Specific alarm and indication signals transmitted via the Ethernet communication shall be as directed by the District during the initial configuration, start-up and commissioning of the supplied standby power system.

F. On-Board Circuit Breaker: Provide generator with a main line, skid-mounted molded-case circuit breaker, 3-phase, 480 volts, 100% rated, rated 65kAIC minimum with continuous ampacity rating as recommended by the Supplier for Standby Power System Equipment – Corporation Yard
16233A-27
Foster City/EMID
CIP 405-755
January 2024-DRAFT

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continuous, full-load operation of the engine generator unit. Circuit breaker shall be provided with an electronic trip unit with long-time and short-time field-adjustable settings.

2.08 STANDBY POWER SYSTEM OPERATION
A. Provide control devices and logic to sequentially start, operate, control, test, and stop the generator system as described. Coordinate control system design so that upon receipt of a remote, hardwired “Run” command from the District’s facilities (i.e. normally-open dry contact held closed when “Run” signal is activated), power is automatically supplied by the generator and upon loss of the remote “Run” signal, the generator system shall automatically enter its cool-down mode and shut down upon expiration of cool-down.

B. Engine Start Sequence:

1. Engine shall not start if any of the safety shutdown circuits have been tripped and not cleared and reset.

2. Automatic Engine Start Sequence:
a. Initiated by a remote signal from the Corp Yard facilities. b. Starter Motor: Automatically crank the engine for adjustable times.

C. Emergency Shutdown Sequence: Engine shall shutdown immediately if the emergency stop button is activated, or any of the specified shutdowns activate.

D. Normal Shutdown Sequence: Local “Stop” signal or loss of remote “Run” signal shall cause the engine to run unloaded for an adjustable cool-down period and then stop.

2.09 STANDBY GENERATOR EQUIPMENT SKID
A. Skid Requirements: Mount the engine, generator, radiator and specified accessories on a common heavy-duty fabricated steel skid.

B. Skid Construction: Fabricated steel skid to consist of a rigid welded frame of wide flange members or rails on each side.

C. Vibration Isolators: Mount skid on spring or rubber-type isolators having telescopic top and bottom housing with vertical stabilizers to resist lateral and vertical forces.

1. Isolator Construction: Shatterproof ductile iron in accordance with ASTM A 536, Grade CS-45-12.

2.10 ACCESSORIES
A. Starting System: Provide 24 volt direct current electric starting system with positive engagement drive.

Standby Power System Equipment – Corporation Yard
16233A-28
Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
320

1. 2.

Batteries: Provide a 24 volt absorbent glass mat (AGM) battery set of the heavy-duty diesel starting type; sufficient capacity for a minimum of 120 seconds total cranking time without recharging.

Battery Rack: Provide a battery rack with necessary cables and clamps; provide a cover constructed of aluminum angles and mesh to prevent dropped items from touching the battery poles; provide latches to allow quick removal of the cover from the rack.

3. Battery Charger: Provide UL approved current limiting battery charger to automatically recharge the batteries:
a. Charger to float at 2.17 volts per cell and equalize at 2.33 volts per cell. b. Provide charger overload protection.
c. Charger to have silicon diode full wave rectifier, voltage surge suppressors, direct current ammeter, direct current voltmeter and fused alternating current input.
d. Amperage Output: Not less than 10 amperes.

B. Guards: Provide equipment guards as recommended by the Supplier.

C. Crankcase Breather Filter:

1. 2.

Provide crankcase ventilation system with coalescing filter/trap for blowby; coalescing filter to be replaceable.

When engine manufacturer recommends an open crankcase breather system route outlet of breather filter to outside at 3 inches above grade and away from engine components; provide on breather outlet Nelson "EcoVent" or equal, sized to match engine breather flow.

3. When engine manufacturer recommends a closed crankcase breather system provide integral crankcase pressure regulator with an automatic internal filter bypass and bypass indicator; unit to be Racor Model CCV 4500 or equal.

2.11 DIESEL EMISSIONS CONTROL SYSTEM (DECS)
A. The supplied standby power system shall be furnished with a catalytic reduction system to reduce engine exhaust emissions in compliance with EPA Tier 4 and BAAQMD requirements. The supplied system shall meet the limits required for the power rating of the engine at 100% load.

B. Catalytic Reduction Systems for Engine Exhaust: Provide integrated passive diesel particulate filter (DPF), diesel oxidation catalyst (DOC) and selective catalytic reduction (SCR) system by the following manufacturer or equal:

1. 2.

3. Miratech.

Johnson Matthey.

Safety Power.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
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C. General: The scope of supply shall include all required equipment and components connected to the supplied engine-generator equipment.

D. Housing:

1. Designed to contain a complete DPF/DOC/SCR integrated catalyst reactor housing with racks/tracks for DPF, SCR, and DOC catalyst material to meet PM, NOx, CO, and VOC performance specifications. The housing shall be a rigid structure, which will not warp or deform significantly during normal operation.

2. The housing shall be complete with inlet and outlet transition sections designed for bolting to the exhaust gas ductwork. The reactor shall be provided with an integrated mounting base so that the hosing itself is isolated from vibration and can accommodate thermal expansion. Four (4) lifting lugs, two (2) on each side shall be provided for ease of handling.

3. Equipped with access doors to the catalyst. The doors shall be easily removed without the assistance of lifting equipment and be on top or the side of the housing and shall provide access to each layer of catalyst without removal of any adjacent catalyst.

4. 5.

6. Shall be provided with internal catalyst support structure and perforated plates or other flow dispersion method.

Shall provide instrumentation ports for differential pressure and temperature upstream and downstream of the catalyst beds.

The Urea Mixing Section should be fully integrated within the housing and should be of adequate length to achieve proper mixing and hydrolysis. The Mixing Section shall contain the necessary static mixers, flow straighteners, and other devices as specified by the Manufacturer to achieve proper urea hydrolysis and mixing.

E. Passive Diesel Particulate Filter (DPF) Modules:

1. The filter media shall be extruded, porous mullite material blocks with square monolithic channels (honeycomb structure). Each channel shall be plugged on one end only, with adjacent channels plugged on opposite ends, such that flow must pass through the walls between adjacent channels.

2. The blocks shall have a square cross section, so that they can be stacked easily. They shall be approximately 150 mm x 150 mm in cross section and 300 mm in depth.

3. 4.

The blocks shall be coated with a catalyst material to lower the exhaust temperature required for regeneration to 500°F/260°C.

Particulate regeneration shall not be dependent on NOx:PM or NO:NO2 ratios in the exhaust.

F. Diesel Oxidation Catalyst (DOC):

Standby Power System Equipment – Corporation Yard
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Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
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1. 2.

The DOC substrate shall consist of alternating corrugated layers of stainless steel alloy foil that is layered, stacked and electronically resistant welded. The channels shall provide a high surface area and multiple turbulent zones without causing excessive exhaust back pressure.

The catalytically active materials shall be a precious metal coating on the DOC that is made from a combination of Platinum Group Metals selected by the manufacturer.

3. A single high temperature fiberglass gasket shall be wrapped around the element to seal it within the housing. The top surface of the sealing plate shall be sealed against the door when it is installed.

4. 5.

The catalyst substrate and metal foil shall not sinter or degrade when exposed to exhaust inlet temperature up to 1,250°F (677o C).

To facilitate maintenance, the catalyst(s) must be removable via bolt-on access doors.

G. Selective Catalytic Reduction (SCR) Catalysts:

1. SCR Catalyst shall be extruded, ceramic blocks with square monolithic channels (honeycomb type). The catalyst material shall be mixed into the substrate prior to extrusion. The catalyst material composition shall be tungsten, vanadium, titanium and other base metals. The catalyst shall have a proven track record in similar applications.

2. Shall be shop assembled with a high temperature fiberglass gasket material.

The modules should be approximately 150mm x 150mm in cross section and 150, 300 or 450mm in depth for ease of field installation and removal from the reactor housing.

3. 4.

Shall have a continuous operating range of 572°F to 977°F / 300°C to 530°C.

Shall be designed to minimize SO to SO conversion rate. 2 3 H. Ammonia Reduction Catalyst (if required by system manufacturer):

1. 2.

Shall be extruded, ceramic blocks with square monolithic channels (honeycomb type).

Shall be shop assembled with a high temperature fiberglass gasket material.

The modules should be approximately 150mm x 150mm in cross section and 150, 300 or 450mm in depth for ease of field installation and removal from the reactor housing.

3. 4.

Shall have a continuous operating range of 572°F to 977°F / 300°C to 530°C.

Shall reduce the concentration of residual ammonia in the exhaust gas without creation of NOx.

Standby Power System Equipment – Corporation Yard
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Foster City/EMID
CIP 405-755
January 2024-DRAFT

5.9 Attachment 2 - Agreement
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I. Urea Injection Lance:

1. The urea injection lance shall be constructed of 304 Stainless Steel. It shall be installed via a flanged port on the Catalyst housing. Lance shall be a 2-phase type using compressed air to atomize the urea solution as well as to purge and cool the lance.

2. Injection lance shall be easily removed for maintenance and shall only require standard hand tools.

J. SCR Control System: Analysis Controlled Injection System (ACIS):

1. General:
a. The system shall be Programmable Logic Controller based and provide automatic SCR system start-up, operation, shutdown, monitoring, and annunciation of abnormal conditions.
b. The reducing agent in the SCR system shall be 32.5% urea conforming to ISO 22241.
c. All control system components shall be designed to operate on 230VAC, Single Phase, 60HZ power with a maximum current draw of 10 amperes, derived from the engine-generator equipment enclosure interior panelboard.

2. Urea Metering Panel (Dosing Control):
a. The Dosing Control panel shall include the urea and compressed air handling components including pressure switch, metering valve and flow meter.
b. Metering Panel shall be directly controlled by the Closed Loop Control Unit to adjust the urea flow rate, as required. Flow meter shall provide feedback to the Control Unit that the appropriate flow is achieved and be used for consumption monitoring.
c. Metering Panel shall contain air pressure manifold with low pressure switch tied back to the Control Unit.
d. Provide Dosing Control panel with internal space heater and insulation to prevent freezing/crystallizing of the urea.
e. Dosing Control panel shall be suitable for outdoor installation, provided with a NEMA 4X, 316 stainless steel enclosure.
f. Dosing Control panel shall be supplied from a 120V, single-phase power source derived from the engine-generator equipment enclosure interior panelboard.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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g. The following shall be provided integral with the metering panel for connection of remote alarms and indication at the Corp Yard control system:
1) Dosing System Running indication (normally-open dry contact). 2) Dosing System Fault alarm (normally-open dry contact). h. The following shall be provided integral with the metering panel for connection of remote control from the standby generator control panel:
1) Generator Running indication (normally-open dry contact at standby generator control panel).

K. Urea Booster Pump:

1. Provide urea pump with required pressure regulator, relief valve, pulsation dampener, etc., as specified by the manufacturer. Pump shall be controlled by the SCR Control Unit. Provide one pump per system.

L. Air Compressor (if required):

1. Provide air compressor to supply injection/purge air as required for proper operation. Air compressor shall be oil-free rotary vane type and shall not require lubricators.

2. Air compressor shall be supplied from a single-phase power source derived from the engine-generator equipment enclosure interior panelboard.

M. Urea Storage Totes:

1. Provide two (2) 224 gallon urea totes for use with the supplied DECS equipment.

2. 3.

Totes shall be designed according to ISO 22241-3.

Totes shall be manufactured from food grade, virgin high density polyethylene resin, ANSI/NSF 61 approved, fabricated with UV sunlight stabilizers, suitable for outdoor use.

4. 5.

6. Provide totes with a galvanized steel cage.

Provide totes with provisions for offloading and portability utilizing a forklift.

Provide totes with a threaded 2-inch port for connection of ½” piping routed from the Dosing Control panel.

2.12 RESISTIVE LOAD BANK
A. Supply one (1) fully self-contained, radiator-mounted resistive load bank system.

B. Rating: 480 volts, 3-phase, 300 kilowatts.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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C. Controls: Designed for integral operation with the standby power system equipment with automatic controls which increase/decrease loading to maintain minimum required loading on the generator at all times during operation.

D. Construction: Heavy-gauge aluminized steel per ASTM A463, designed for continuous radiator-mounted operation.

E. Finish: High quality baked polyester power coated finish with a minimum film thickness of 2.8 +/- 0.4 mils per coat, 2 coats minimum, ANSI 61 gray.

F. All exterior fasteners shall be fabricated from 316 stainless steel.

G. Fully-integrated load bank equipment shall be listed to UL 508A standard.

2.13 FINISHES
A. Engine, Generator, Fuel Storage Tank, Weatherproof Acoustical Enclosure and Other Equipment and Accessories: Shop-finished with manufacturer's premium corrosion resistant coating system, suitable for maximum resistance to corrosive or marine environments; field touch up with same or compatible coating.

2.14 SOURCE QUALITY CONTROL
A. General:

1. 2.

Provide notification of all work performed at the standby generator equipment manufacturer’s facilities. Provide safe access to all areas where work to be inspected is being performed.

The supplier shall perform functional unwitnessed testing of the generator in a factory demonstration test (FDT) prior to shipment. Assembly of fuel storage base tank and weatherproof enclosure shall not be required for factory witness testing by the supplier.

Provide the District with one (1) month advanced written notification of the proposed date for the testing described in this Section.

3. The manufacturer shall provide load banks, fuel, test equipment, labor, materials, and all other consumables, equipment, and services required for all factory testing.

B. Factory Testing:

1. Perform the following load tests using a 0.8 pf load bank:
a. Test the diesel engine-driven generator at 0.8 pf, at both full load and no load.
b. Static test, 100% block load test at rated kW and 0.8 pf. c. Transient test, four equal load steps up to rated kW and 0.8 pf.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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d. 8-hour load test, with two hours at each 25 % load step, with the following data recorded at 15-minute intervals:
1) Ambient air temperature and barometric pressure.
2) Engine oil temperature and pressure.
3) Engine oil filter differential pressure.
4) Fuel consumption rate.
5) Fuel pressure.
6) Engine coolant temperature.
7) Exhaust gas temperatures.
8) Generator speed, individual phase currents, individual phase voltages, three-phase kVAR, three-phase kW and overall power factor.
e. Vibration testing
1) Horizontal, vertical, and axial vibration measurements at each engine and generator bearing at 100 % load.

C. Communication Test:

1. At the factory test, the supplier shall temporarily connect to the Modbus TCP Ethernet port on the generator control panel to confirm proper Modbus communication.

D. Punchlist:

1. Compile a punch list of corrective items noted during factory witness testing.

Submit the original punchlist, along with a point-by-point description of how each punch list comment was addressed and resolved.

2.15 AUTOMATIC TRANSFER SWITCH
A. Supply new automatic delayed transition transfer switch (ATS) and associated microprocessor-based control module.

B. Switch Ratings: As indicated on the Drawings.

C. Provide one (1) spare microprocessor controller (in addition to new microprocessor controller provided installed with new automatic transfer switch).

D. Provide one (1) spare extension harnesses for ATS provided. Spare harness shall be in addition to new harness installed in new automatic transfer switch provided.

E. New ATS shall consist of a power transfer switch unit which shall be provided in an outdoor, NEMA 3R, 316 stainless steel free-standing enclosure.

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Foster City/EMID
CIP 405-755
January 2024-DRAFT

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F. Provide new ATS enclosure and compartment with Fluke Model FLK-075-CLKT (no equal) “fisheye” viewports to allow for infrared scanning of the internal ATS components with the enclosure door in the closed position.

G. Provide new automatic transfer switch with microprocessor-based ATS control module and all required interconnection wiring harness accessories for connections between ATS and control module.

H. ATS shall transfer the load in delayed transition (break-before-make) mode.

Transfer is accomplished with a user-defined interruption period in both directions adjustable from 1 second to 5 minutes in at least 15 increments.

I. Submittals:

1. ATS and associated control module catalog information which includes specific ratings and features “arrowed” for clarity.

2. Custom-developed interconnection wiring diagram which indicates specific point-to-point wiring requirements between ATS, control module, standby generator control panel and PLC equipment. Diagram shall include terminal block numbers and unique wiring identification numbers to be used for all new wiring. “Partial” wiring diagrams which do not show complete end-to-end field wiring connections are not acceptable.

3. ATS installation and start-up instructions.

4. ATS maintenance and repair manual. Manual shall include periodic maintenance and testing recommendations, lubrication recommendations, etc.

J. Manufacturer: Asco 7000 Series, Type “ADTS” (no equal to match District’s similar, installed equipment).

K. A transfer switch manufacturer certified field technician shall visit the site where new ATS equipment is provided to inspect the new ATS installation and provide preenergization set-up of the equipment. A minimum of eight (8) hours presence at the site where new ATS equipment is installed shall be included, not including travel time to and from the site.

PART 3 EXECUTION

3.01 SITE DELIVERY INSPECTION AND HANDLING
A. When offloading or moving the delivered standby power system equipment with a crane or hoist is performed by Others, lifting lugs near the top of the equipment shall be utilized. A spreader bar shall be used to hold the lifting cables apart to avoid any bending of the structure or lifting lugs. Supplier’s representative shall supervise the standby power system equipment rigging during off-loading and provide recommendations for proper lifting, in accordance with the requirements of the O&M manual.

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CIP 405-755
January 2024-DRAFT

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B. A supplier’s representative shall be present at the delivery site when each delivery of standby power system equipment is delivered to assist the District with visual inspection of the delivered equipment and materials. Visual inspection shall include:

1. 2.

External dents, scratches, or similar damage.

Corrosion.

3. Internal damage to equipment housings, panels or accessory items.

C. Following visual inspection of each standby power system equipment delivery by the supplier’s representative and the District, any deficiency items shall be noted.

Depending on the degree of any noted deficiency items, the supplier’s representative and District shall mutually agree upon a course of corrective action that shall be taken by the manufacturer to resolve the deficiency, including return of the delivered equipment to the manufacturer’s facility if warranted, at no additional cost to the District.

D. The supplier’s field installation personnel shall be on-site upon delivery of the fuel storage base tank, standby generator skid and generator enclosure for supervision of offloading of this equipment from the delivery truck directly to the concrete equipment pad where the equipment will be permanently located. As this equipment is placed on the concrete equipment pad, the supplier’s field installation personnel shall assemble the delivered equipment and components until all fuel storage tank, standby generator and weatherproof enclosure installation is complete.

3.02 FIELD TESTING, SYSTEM START-UP AND COMMISSIONING
A. Field Testing – Engine Generator Systems Including Completed Weatherproof Enclosure and Subbase Fuel Tank Installation: Test engine generator system as a complete unit together with subsystems. The test program shall include the following functions:

1. All field testing shall be witnessed by the District.

2. Accepted Operations and Maintenance Manuals and testing session documentation shall be submitted to the District for review a minimum of four (4) weeks prior to scheduled field testing of the complete standby power systems.

3. Field NETA testing of the on-board engine generator circuit breaker shall be performed by the District’s Installation Contractor. Any deficiencies found during this testing shall be corrected by the supplier at no additional cost to the District. All costs associated with subsequent field NETA testing that shall be required due to circuit breaker repair or replacement shall be the responsibility of the Supplier.

4. All travel and subsistence costs for supplier’s field technician site visits shall be included in the supplier’s quotation. If field testing is unsuccessful due to issues related to the supplier’s equipment then the supplier shall be Standby Power System Equipment – Corporation Yard
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responsible for all costs related to subsequent site visits that may be required until successful field testing, start-up and commissioning is completed.

5. 6.

The District’s installation Contractor shall defer main power connections from the supplied standby generator to the Corp Yard power system to permit the supplier’s connection of a temporary, portable load bank for start-up and field testing purposes. The supplier shall be responsible for procuring the temporary load bank to the project site, providing all required temporary connection cables and connecting/disconnecting the temporary load bank to the generator equipment.

Supplier’s field technician shall coordinate with the District’s Programmer for configuration and communication of supplied standby power system with the Corp Yard control system to include standby power system alarm and indication annunciation at the District’s SCADA system. Specific alarms and indication data shall be as directed by the District’s Programmer as part of the standby power system initial configuration, start-up and commissioning activities.

7. Initial start-up and operation of the standby power system shall be performed by the supplier’s field technician with assistance from the District’s installation Contractor.

8. 9.

District shall notify the supplier of the proposed field testing date(s) four (4) weeks in advance of the proposed date(s) of equipment testing.

Supplier’s field technician shall inspect the completed standby power system installation to confirm that the installation is correct and that the system is ready for start-up and commissioning.

10. Verification that each subsystem is complete and functions according to design criteria; include measurements of temperatures, pressures, and flows for all components.

11. Individual testing of each protective device and verification of the accuracy of instrumentation set points.

12. With the generator temporarily connected to the temporary, portable load bank system, the supplier’s field technician shall operate the standby power system from 0 to maximum 100 percent load, starting at no load and increasing in increments of 25 percent; check at each load point to verify stable operation, fuel consumption (measure fuel consumption approximately by measuring supply tank drawdown), engine performance, and generator performance.

The standby power system shall be load tested continuously for a minimum of four (4) hours.

13. Performance of full load transient tests to verify that voltage and frequency transient characteristics are within the supplier’s recommended values.

14. Verification that equipment is free of all vibrations throughout operating range.

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15. Provide written report including raw test data, calculated values and a certification that all values are normal and within specifications and that each unit is ready to be placed into service.

16. Measure radiator performance at full load including air flow, air inlet temperature and air outlet temperature.

17. After successful completion of the supplier’s field start-up and testing, the supplier shall disconnect and remove the temporary, portable load bank from the project site and the District’s installation Contractor shall connect the permanent power connections between the new standby power system and the Corp Yard power distribution system.

18. Supplier shall provide the services of a field technician certified by the automatic transfer switch manufacturer for pre-energization inspection, configuration and initial start-up of the new automatic transfer switch equipment.

19. District shall notify the supplier of the proposed field commissioning date(s) four (4) weeks in advance of the proposed date(s) of standby system commissioning.

20. Supplier’s field technical personnel shall provide on-site final commissioning of the standby power system. With assistance from the District and District’s installation Contractor, facility power loss simulation shall be conducted to ensure that the standby power system responds and operates properly. The supplier’s field technician shall perform system adjustments and/or minor corrections to the system equipment and components as required until a minimum of three (3) flawless, consecutive functional tests of the standby power system are achieved.

21. Upon successful completion of on-site commissioning of the standby power system, the supplier shall provide written confirmation of that the field commissioning has been successfully completed and the system is ready to be placed into normal operation. The date when this written notice is received shall trigger the start of the standby power system warranty specified herein.

3.03 SYSTEM DRAWINGS
A. Attached are system drawings which indicate how the supplied standby power system equipment shall be incorporated into the Corp Yard power and control systems.

END OF SECTION
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SECTION 16233B
STANDBY POWER SYSTEM EQUIPMENT – LIFT STATIONS
PART 1

1.01 SUMMARY
A. Section Includes:

GENERAL

1. Two (2) outdoor standby power generators, each provided in a soundattenuated weatherproof enclosure including base-mounted diesel fuel storage tanks.

2. Outdoor, free-standing automatic transfer switch.

B. Overview of Standby Power System Equipment Supply:

1. 2.

Skid-mounted diesel engine-driven standby generator systems.

Base-mounted diesel fuel storage tanks.

3. Outdoor weather-proof, sound-attenuated, non-walk-in generator system enclosures.

4. Automatic transfer switch housed in an outdoor, free-standing enclosure at Lift Station (LS29).

C. Overview of Standby Power System Scope of Supply Responsibility:

1. The standby power system equipment supplier shall be responsible for the delivery of all system equipment and components to the City of Foster City’s outlying lift station locations:

Lift Station LS22
601 Catamaran St
Foster City, CA 94404
Lift Station LS29
909 E Hillsdale Boulevard
Foster City, CA 94404

2. Each supplied standby power system fuel storage base tank, standby generator skid equipment and generator enclosure shall be offloaded from the supplier’s delivery truck directly onto a concrete equipment pad utilizing hoisting equipment provided by District’s installation Contractor. The standby power system equipment supplier’s field personnel shall be present at each respective delivery site to direct the offloading of the new standby generator system equipment.

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3. Anchoring of the supplied standby power system standby generator and automatic transfer switch equipment to the concrete equipment pad at each lift station site shall be provided by Others.

1.02 REFERENCES
A. American Society of Civil Engineers:

1. ASCE 7 – Minimum Design Loads for Building and Other Structures.

B. American Society of Mechanical Engineers:

1. B16.5 – Pipe Flanges and Flanged Fittings: NPS ½ through NPS 24 Metric/Inch Standard.

C. ASTM International:

1. ASTM A106/A106M – Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service.

D. Bay Area Air Quality Management District (BAAQMD):

1. BAAQMD Authority to Construct Permit.

2. All applicable rules and regulations, including BAAQMD-specified Source Test Methods and Procedures.

E. California Air Resources Board (CARB).

F. Code of Federal Regulations (CFR):

1. Title 40, Chapter I, Subchapter C, Part 89 – Control of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

G. Institute of Electrical and Electronics Engineers (IEEE).

H. National Fire Protection Association (NFPA):

1. 2.
30 – Flammable and Combustible Liquids Code.
37 – Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines.

3. 4.
70 – National Electrical Code.
110 – Standard for Emergency and Standby Power Systems.

I. National Electrical Manufacturers Association (NEMA):

1. MG 1 – Motor and Generators.

J. Underwriters Laboratories:

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1. 2.
142 – Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids.
2200 – Standard for Stationary Engine Generator Assemblies.

1. 2.

3. Vendor Agreement
Technical Specifications
Drawings
G. District: The word “District” refers to the Estero Municipal Improvements District.

H. District’s Installation Contractor: The individual partnership, corporation, or combination thereof including joint ventures who enter into the Contract with the District for the performance of the Work. The term covers subcontractor, equipment and material suppliers, and their employees.

I. DPF: Diesel Particulate Filter
J. EPA: Environmental Protection Agency
K. FDT: Factory Demonstration Test
L. IEEE: Institute of Electrical and Electronics Engineers M. ISO: International Organization for Standardization
N. kW: Kilowatts
O. kVA: Kilovolt-amperes
P. LS22: Lift Station 22.

Q. LS29: Lift Station 29.

R. Manufacturer: Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated into the Work.

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S. NEMA: National Electrical Manufacturers Association
T. NFPA: National Fire Protection Agency
U. O&M: Operations and Maintenance
V. Others: Third Party Consultant or Contractor.

W. P&IDs: Piping and Instrumentation Diagrams
X. Project: The work to be performed under the provisions of the Contract.

Y. SAE: Society of Automotive Engineers
Z. SDS: Safety Data Sheet
AA. Standby Rated Duty: Continuous operation of the supplied standby power system for the duration of any primary power source (i.e. Pacific Gas and Electric Company utility power source) outage to each respective lift station site.

BB. Submittals: The information which is specified for submission to the District in accordance with the Contract Documents.

CC. Suppliers: Any person who or which supplies materials or equipment for the Work, including that fabricated to a special design.

DD. Suppliers Field Personnel: Any person who supplies materials or equipment for the Work, including that fabricated to a special design.

EE. UL: Underwriters Laboratory
FF. Work: The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion, and fulfillment of the Contract.

1.04 SYSTEM DESCRIPTION
A. Supply Lift Station LS22 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Environmental Protection Agency (EPA) compliant diesel engine-driven generator system having a minimum standby power rating of 124 kilowatts (kW) / 155 kilovolt-amperes (kVA) with an output voltage of 120/208 volts, 3- phase.

2. 3.

Base-mounted diesel fuel storage tank with minimum capacity of 595 gallons.

Outdoor-rated, non-walk-in generator enclosure with sound-attenuation design.

4. Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

B. Supply Lift Station LS29 complete standby power system comprised of, but not limited to, the following equipment and accessories:

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1. Environmental Protection Agency (EPA) compliant diesel engine-driven generator system having a minimum standby power rating of 180 kilowatts (kW) / 225 kilovolt-amperes (kVA) with an output voltage of 480 volts, 3-phase.

Base-mounted diesel fuel storage tank with minimum capacity of 765 gallons.

Outdoor-rated, non-walk-in generator enclosure with sound-attenuation design.

2. 3.

5. New automatic transfer switch.

C. The new generator supplied for Lift Station LS22 shall operate in conjunction with an existing automatic transfer switch and existing site power distribution system.

The new generator supplied for Lift Station LS29 shall operate in conjunction with the new, supplied automatic transfer switch and existing site power distribution equipment. Each new standby power system shall operate in an “open-transition” configuration. There are no requirements for either of the supplied standby power systems to operate in parallel with any other power supply source.

D. The supplied equipment and accessories specified in this section shall be installed by both the supplier’s field personnel and by Others as specified herein. Below is a summary of the supplied equipment installations:

1. The new diesel engine-driven standby generator system (generator), basemounted fuel storage tank and outdoor enclosure shall be installed on and anchored to a concrete equipment pad. The concrete equipment pad and anchoring of each new generator to its respective pad shall be provided by Others. Final assembly of the base-mounted fuel storage tank, standby generator skid and generator outdoor enclosure shall be provided by the supplier’s field personnel as required.

2. Each new generator shall be connected to the respective lift station power distribution and control systems as specified herein and as indicated on the attached Drawings. Installation of new raceways, conductors and connection of each new generator to each lift station power and control system shall be provided by Others.

E. Installation inspection, configuration, start-up and commissioning of supplied equipment and systems shall be provided by the equipment supplier as specified herein. Supplier shall provide these on-site services at each lift station site after all supplied equipment and systems have been installed and are ready for start-up and commissioning. Supplier shall include on-site service costs in overall equipment supply proposal based upon an estimated time frame which includes supplied equipment submittal development and review, manufacturing and procurement of all supplied equipment to each lift station location and an approximate 6-month installation time frame for installation of the supplied equipment (from time of equipment delivery to the site) for each lift station site with all present service rate escalations included in the proposal.

F. Consumables such as coolant, lubrication materials and filters required for start-up and commissioning of the new standby power system shall be included in the supplier’s scope of supply. Initially required diesel fuel shall be provided by the Supplier as required to facilitate start-up and commissioning of each new standby power system.

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G. On-site training of District personnel for supplied standby power system equipment and accessories shall be provided by the equipment supplier as specified herein.

Supplier shall provide this on-site training after all supplied equipment and systems have been commissioned by the equipment supplier at each lift station site.

Supplier shall include on-site training costs in overall equipment supply proposal based upon an estimated time frame of providing the training approximately one (1) month after all supplied systems have been commissioned with all present service rate escalations included in the proposal.

1.05 MANDATORY REGULATORY REQUIREMENTS FOR STANDBY POWER SYSTEM

DESIGN AND SUPPLIER
A. Manufacturer shall furnish for the engine CARB-certification, or EPA-certification.

C. The supplied engine shall be designed for, and operate exclusively with, CARB diesel fuel (see link for diesel specs: https://ww2.arb.ca.gov/sites/default/files/2020- 03/dieselspecs.pdf).

E. The supplied engine shall meet the requirements of BAAQMD Regulation 6-1-303 for visible emissions limitations.

F. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-301 for sulfur dioxide emissions limitations at ground level.

G. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-304 for allowable engine fuel requirements.

H. Lift Sation LS22

1. Manufacturer must be prepared to add a catalyst-based diesel particulate filters (DPFs), diesel oxidation catalysts, ultra-low sulfur diesel fuel as necessary to reduce risks to acceptable levels specified in the Regulation 2-5- 302.

2. Manufacturer must ensure that all engines not equipped with a DPF must be "plumbed" to facilitate the installation of a DPF at a future date.

1.06 SUBMITTALS
A. Provide separate submittals for each lift station standby generator in electronic Adobe .pdf format. Each submittal shall be combined into an organized, bookmarked, single .pdf file, printable by the District.

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B. Each new generator, sub-base fuel storage tank and generator enclosure shall all be included in a single, organized, tabbed submittal, arranged with cohesive continuation references between various supplied system equipment and components.

C. Provide a .pdf tab labeled “Notes to Reviewer” that states any exceptions, clarifications or requests for information from the District.

D. Provide a comprehensive, itemized bill of material that matches all product data and information included for all supplied standby power generator system and automatic transfer switch equipment.

E. Partial submittals, poorly organized submittals without bookmarks keyed to bill of material entries or unsearchable submittals shall be rejected without review.

F. Provide customized electrical interconnection diagrams for all supplied equipment and systems. Submittal of “generic” electrical interconnection diagrams which are not specific to this scope of supply shall be rejected without review. Customized electrical interconnection diagrams shall include the following minimum information:

1. Depiction of all field-routed conductors that are connected to equipment provided under this scope of supply and provided by Others. Field wiring shall be depicted utilizing dashed lines.

2. 3.

4. Specific, unique terminal block numbers for each field conductor termination point included with equipment provided under this scope of supply.

Recommended size of each power and control conductor indicated on the electrical interconnection diagrams that shall be provided by Others.

G. Submittal General Requirements:

1. Generator fabrication schedule, including anticipated factory acceptance testing dates and equipment delivery date to each project site relative to final acceptance of all submittal information.

2. Safety data sheet (SDS) for lubricant, touch-up paint, and any other chemicals supplied on this project.

3. 4.

Itemized bill of material.

Itemized list of extra materials furnished specifically for this project, including quantities, description, and part numbers.

5. Manufacturer’s renewal parts literature and cost quotation for one year’s recommended spare parts and special tools for all equipment.

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6. Contact information for the Supplier’s representative(s) that shall be conducting manufacturers’ field services, site tests, and on-site inspections.

7. 8.

Warranty.

H. Quality Assurance Submittal Information:

I. Emissions:

1. 2.

Certification of EPA and BAAQMD compliance for a standby power system including verification of compliance of requirements specified herein.

Other exhaust characteristics and emissions limitations as required by BAAQMD for the supplied standby power system.

J. Certifications:

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2. 3.

Certified torsional vibration analysis between the engine and generator as required by NFPA 110, 5.6.10.2.

4. 5.

Certification of equipment by Underwriters Laboratory (UL) or other equivalent nationally recognized independent testing laboratory.

Factory certification of the radiator capacity at the specified ambient conditions.

6. 7.

Certified production test reports for battery chargers.

Upon completion of installation of each standby power system, the Supplier shall issue a certification of compliance for the system installation performed by Others following an on-site inspection by supplier’s field technical personnel. This certification shall confirm that the equipment installation performed by Others has been properly installed for all supplied systems and that the standby power system is ready for final commissioning and acceptance.

K. Shop Drawings:

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L. Engine:

1. 2.

Number of cylinders, bore, stroke, and piston speed.

Displacement in cubic inches.

3. Compression ratio.

4. 5.

6. 7.

8. 9.

Engine RPM at 60 hertz.

Combustion air flow rate required.

Cooling air flow rate required.

Size of exhaust outlet.

Exhaust flow rate and temperature at full rated load.

Gauges, including description of value indicated and indicating ranges and units.

10. Jacket water heater quantity, power consumption per unit, and voltage and phase (i.e., single or three-phase) for each unit.

11. Type and grade of fuel oil recommended.

12. Fuel oil consumption at 25 percent, 50 percent, 75 percent and 100 percent of rated engine-generator system nameplate maximum power output.

13. Type and grade lubricating oil recommended.

14. Amount of lubricating oil required per oil change.

15. Normal lubricating oil consumption rate.

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16. Recommended lubricating oil change periods stated in both runtime hours and calendar days.

17. Time interval from start-up contact closure until full load capabilities are available.

18. Engine-generator system acceptable ambient temperature operating range.

M. Governor: Manufacturer, model, and engine speed governing accuracy.

N. Radiator information.

O. Emissions:

1. After installation and start up of the new standby power system, the District shall retain the services of an independent, certified, source testing firm for the performance an emissions source test on the standby power system using methods as required by BAAQMD Authority to Construct. The retained firm shall perform this testing and shall comply with all related requirements, including test methods, time periods, and reporting. The supplier scope of supply shall include all costs required for making on-site modifications and adjustments to the complete, installed, operating standby power system for compliance with the BAAQMD requirements until acceptable testing results are obtained by the District’s retained testing firm.

P. Silencer:

1. 2.

Silencer grade, overall dimensions and weight.

Silencer noise attenuation curves.

3. Supplier shall provide all necessary information and data including, but not limited to, piping, fittings, silencer, and rain cap.

4. 5.

Exhaust system loss calculations.

Free field mechanical noise level at 23 feet. Provide overall decibels (dBA) referenced to 20 µPa.

6. Exhaust sound level in dBA 5 feet from the discharge end of silencer.

Q. Synchronous Generator:

1. 2.

Maximum rated kilowatt (kW) output.

Maximum rated kilovolt-ampere (kVA) output and power factor.

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3. 4.

5. 6.

7. 8.

Rated voltage and phase.

Maximum rated output current.

Number of poles and synchronous speed.

Number of leads and wires per lead.

Winding pitch.

Stator and field ratings including temperature rise at full and overload conditions.

9. Insulation system: include insulation class, stator temperature rise, rotor temperature rise, heat dissipation (kW), and required air flow (m3/min).

10. Impedances (provide in per unit with base values or in ohms):
a. Stator winding (armature) resistance (Ra).
b. Field winding resistance.
c. Synchronous reactance - direct axis (Xd).
d. Synchronous reactance - quadrature axis (Xq).
e. Transient reactance – direct saturated (X'ds).
f. Subtransient reactance - direct axis (X''d).
g. Subtransient reactance - quadrature axis (X''q).
h. Negative sequence reactance (X2).
i. Zero sequence reactance (X0).

Foster City City CouncilAugust 19, 2024

Foster City City Council
August 19, 2024