Agenda packet — Foster City City Council, May 19, 2025 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, May 19, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Presentation by the San Mateo County Transportation Authority Regarding US 101/SR 92 Interchange Direct Connector Project
a) Staff Report
b) Information Item Only No Action Required

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

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

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

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

6.1. City/EMID Regular Meeting Minutes of May 5, 2025

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Task Order PLWS202501 with Placeworks in the Amount of $139,919 to Provide Environmental Review and Documentation (Initial Study) for the Proposed 800,000 SF of Biotechnology or Research and Development, Located at 1155, 1165, and 1185 Chess Drive (Gilead Chess Hatch Master Plan); Authorizing a 5 Percent Contingency in the Amount of $6,996 and Authorizing the City Manager to Execute Any Necessary Amendments to the Task Order Up to that Amount; and Finding the Authorization of the Task Order Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City (1) Authorizing the Award of a Construction Contract to Spektren Engineering, Inc. in the Amount of $135,867 for the Construction of the Foster City Boulevard Median Modification Project (CIP 301635); (2) Establishing a Construction Contingency in the Amount of $20,000; and (3) Finding the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15301(B) — Existing Facilities
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Accepting the Work by G. Bortolotto & Company, Inc. for CIP 301716 Street Rehabilitation Project and Park Pathway Restoration Project (FY 2324) and Directing the City Clerk to File the Filing Notice of Completion for Project; (CEQA Status:

Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)Existing Facilities)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Contingency and Budget Increase in the Amount of $75,000 for CIP 405660 Water Tanks and Facilities Improvement Project for a Total Contingency Amount of $715,000 (CEQA Status: Exempt from CEQA Under Section 15301(B)Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. RESOLUTIONS FOR ADOPTION

7.1. Interview and Consideration of Appointment of One Member to a Full Four Year Term from June 1, 2025 through May 31, 2029 on the Planning Commission. Applicants listed in Alphabetical Order are: Shankar Kenkre, Avi Hermosa Petel, Barry Salberg, Cindy Wang
a) Staff Report
b) Interview Applicants
c) Action – A Resolution of the City Council of the City of Foster City Appointing One Member to the Planning Commission to a Full Four Year Term

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on April 30, 2025
a) Information Item Only
b) No Action Required

9. 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.

10. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 19, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Presentation by the San Mateo County Transportation Authority Regarding US 101/SR 92 Interchange Direct Connector Project
a) Staff Report
b) Information Item Only No Action Required

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

6.1. City/EMID Regular Meeting Minutes of May 5, 2025

Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on April 30, 2025
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 19, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Presentation by the San Mateo County Transportation Authority Regarding US 101/SR 92 Interchange Direct Connector Project
a) Staff Report
b) Information Item Only No Action Required

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

6.1. City/EMID Regular Meeting Minutes of May 5, 2025

Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on April 30, 2025
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 19, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Presentation by the San Mateo County Transportation Authority Regarding US 101/SR 92 Interchange Direct Connector Project
a) Staff Report
b) Information Item Only No Action Required

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

6.1. City/EMID Regular Meeting Minutes of May 5, 2025

Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on April 30, 2025
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 19, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Presentation by the San Mateo County Transportation Authority Regarding US 101/SR 92 Interchange Direct Connector Project
a) Staff Report
b) Information Item Only No Action Required

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

6.1. City/EMID Regular Meeting Minutes of May 5, 2025

Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on April 30, 2025
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

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

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

5 DATE: May 19, 2025

TO: Mayor and Members of the City Council

FROM: Stefan Chatwin, City Manager
San Mateo County Transportation Authority
DEPARTMENT: City Manager
SUBJECT: PRESENTATION BY THE SAN MATEO COUNTY
TRANSPORTATION AUTHORITY REGARDING THE US 101/SR
92 INTERCHANGE DIRECT CONNECTOR PROJECT

RECOMMENDATION
This is an informational item. No action is required.

EXECUTIVE SUMMARY
The purpose of this informational item is to provide an update on the US 101/SR 92 Direct Connector Project, the progress of the environmental review for the project, and consider the San Mateo County Transportation Authority’s (TA) proposed public participation approach.

The proposed project, if approved, would add a new connection between the US 101 Express Lanes and State Route 92 (“Direct Connector”) to improve travel time reliability, encourage carpooling, improve traffic flow, and reduce cut-through traffic on local streets. Drivers using the Direct Connector would be able to remain in the center lanes and use a new elevated median ramp to get from one freeway to the other without having to merge and weave across multiple lanes or cut through local streets.

The new connector would operate as a “managed lane” to encourage more carpooling and to support potential transit service. The current project alternatives would not require the purchase of houses or parks in San Mateo; and at least one of the alternatives would not require any additional land beyond existing Caltrans property.

Additional analysis and Caltrans approval is needed to determine all of the potential project impacts. Potential project impacts will be documented in a Draft Environmental Impact Report (EIR) scheduled for release in Fall 2026.

4.1 4.1 Staff Report

6 BACKGROUND
Improvements to the US 101/SR 92 interchange have long been prioritized by San Mateo County voters. The interchange was identified as part of the 1988 Measure A Transportation Expenditure Plan (TEP) and as a “Key Congested Area” in the 2004 Measure A TEP. In 2018, voters throughout the Bay Area continued to prioritize the interchange with the passage of Regional Measure 3 (RM3) that dedicates funding from increased toll bridge revenue to improve the US 101/SR 92 interchange.

In 2016, the TA coordinated a Preliminary Planning Study in partnership with City/County Association of Governments (C/CAG) and the cities of San Mateo and Foster City to evaluate potential solutions for the interchange. Thirteen concepts were evaluated based on performance and city input. The final 2016 Planning Study recommendations were packaged into short-term and long-term improvements. The short-term package advanced as the “Area Improvements” Project which began construction in April 2025 and is scheduled for completion by Summer 2028.

The cities separately advanced the long-term package as the Direct Connector Project and completed the project initiation phase in 2021. This was the first step in the project development process and included high-level conceptual designs to be further evaluated in the subsequent environmental phase. During this step, several long-term solutions from the 2016 Planning Study were eliminated from further consideration due to relatively larger property impacts, lack of local support, and minimal benefits to traffic flow. The remaining long-term solution was the Direct Connector concept.

For subsequent phases, the cities requested that the TA and C/CAG co-sponsor the project and the environmental review due to its regional nature and the level of effort required (Attachment 1). The Direct Connector is currently in the environmental review phase. There are four (4) alternatives being evaluated, as listed below. Preliminary engineering and engineering studies are currently underway to further refine these alternatives. Based on the current alternatives, none would require purchasing houses or parks, and at least one (Alternative 3) would not require any land beyond existing Caltrans property. The design details and traffic analysis/studies will continue to progress as part of the environmental review process.
•No Build Alternative: No Action
•Build Alternative 1: Direct Connector from Westbound SR 92 to the US101 Express Lanes
•Build Alternative 2: Reversible Direct Connector Between the US 101 Express Lanes and SR 92
•Build Alternative 3: Direct Connector from the US 101 Express Lanes to Eastbound SR 92

ANALYSIS
The level of environmental review required for the proposed Direct Connector Project per the California Environmental Quality Act (CEQA) is an EIR based on project

4.1 4.1 Staff Report

7 complexity and size. The EIR will identify the potential environmental effects of each project alternative regarding various environmental topics such as air quality, noise, right-of-way/property, and water quality. These analyses will be based on preliminary engineering studies that will further detail proposed geometric layouts, structures, drainage, and other design features. As environmental and engineering studies progress, the design team will continue refining the project design to minimize/avoid any potential impacts. This process is a multi-faceted approach designed to ensure that transportation projects are developed in a way that minimizes environmental harm and maximizes benefits for the public. As such, the current project alternatives do not require the purchase of houses or parks in San Mateo and at least one of the alternatives would not require any land beyond the existing Caltrans property but are subject to additional analysis and approval by Caltrans. Further assessment is underway to determine whether there would be potential impacts to some residential yards and/or the area behind rear fences and the freeway soundwall in San Mateo. The public will have the opportunity to review and comment on the complete assessment of all potential effects of the project as part of the circulation of the Draft EIR that is anticipated by Fall 2026.

The Draft EIR as well as public feedback, city input, technical feasibility, and project benefits will inform selection of a preferred alternative in early 2027. Staff will make a recommendation to be considered by the Board of Directors for the TA and C/CAG (Boards). Then, the Project Development Team, comprised of Caltrans and project sponsor staff, will make a recommendation to Caltrans for ultimate approval. The selection of the preferred alternative and completion of the environmental phase is anticipated by Summer 2027. Funding to advance a preferred alternative to the final design and construction phase would be subject to approval from the TA and C/CAG Boards.

To fully fund the project, additional federal and state funding would likely be needed to leverage regional and local funding. The Project Initiation Document estimated the construction cost at approximately $200 million; an updated value will be included in the project report and will be an important part of the discussion when deciding whether the project should continue or not.

Public Participation Approach
Community feedback and city input are key factors in the selection of a preferred alternative. The proposed public participation approach is detailed below and structured in three phases based on key engagement topics and progress with design and environmental studies.

Phase 1: Project/Process Understanding & Early Input
The first phase is focused on establishing a general understanding of the project and process; as well as seeking early input to inform the project design. Since environmental and engineering studies are still in progress during this period, there is

4.1 4.1 Staff Report

8 limited information available on the project’s viability, costs and benefits. Therefore, outreach topics will focus on the project development and approval processes, as well as the Project’s Purpose & Need. There will also be early opportunities for the public to inform project elements as the preliminary engineering and environmental studies are being developed. These focused topics may include potential future transit service, potential ramp intersection modifications, and potential design features.

Community input will be solicited through the public scoping meeting, “office hours” with community members neighboring the project area, a neighborhood meet & greet, and focused topic discussions. Office hours were offered in April 2025 via mailer to properties along northbound 101 in San Mateo that were previously identified in the prior planning study as potentially impacted. Project team members were also available at an in-person Neighborhood Meet & Greet in May 2025 to gather community input and provide project information. Community members are encouraged to contact the project team at any time with comments/questions via email at [email protected].

Phase 2: Project Benefits & Potential Impacts
Phase 2 will coincide with the completion of the technical analyses and the release of the Draft EIR. Outreach topics will focus on informing the public of potential project benefits and impacts and promoting where to get more information and how to comment on the Draft EIR. Status updates and a preview of the Draft EIR will be presented to the city councils of the cities of San Mateo and Foster City, the C/CAG Board, and the TA Board in Fall 2026. Following the release of the Draft EIR, outreach activities will include the holding of a public hearing, presentations to the Boards, and attendance at community meetings to encourage public review and comment on the Draft EIR.

Phase 3: Preferred Alternative & Next Steps
In Phase 3, a preferred alternative will be selected, and the final EIR will be published.

Project reference materials will be updated to document the final decision. The Boards will collectively decide if the Project should advance to final design, which would include seeking funding for future phases of work.

The Project is currently in Phase 1, and staff are seeking feedback to inform ongoing public participation efforts.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with receiving this informational report.

4.1 4.1 Staff Report

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

Attachment 1 – Letter from Foster City Public Works Director (dated July 17, 2019) Attachment 2 – Presentation

4.1 4.1 Staff Report

10 4.1
Attachment 1 - Letter from Foster City Public Works Director (dated July 17, 2019)

11 US 101/SR 92
Direct Connector
Update
May 2025

4.1 Attachment 2 - Presentation

12 2
Recent Findings
• Prior planning study property impact assessment is outdated

CURRENT PROJECT ALTERNATIVES DO NOT REQUIRE

PURCHASING HOUSES OR PARKS
• Pending…
• Confirmation of utility requirements
• Caltrans approval of safety assessment and designs
• Noise impact analysis and soundwall needs

4.1 Attachment 2 - Presentation

13 3
Environmental Review Process
Potential
Impacts &
Mitigations
Engineering
Studies
Public
Review &
Comment
Draft
Environmental
Impact Report
Preferred
Alternative
(Final
Environmental
Impact Report)
Preliminary
Engineering
Minimize environmental harm and maximize benefits for the public.

Environmental
Studies

4.1 Attachment 2 - Presentation

14 4

OVERVIEW
Agenda
• Background
• Short-Term Area Improvements
• Direct Connector Alternatives
• Progress + Process
• Public Participation Approach
• Next Steps
Meeting Purpose:
• Provide an overview of the
US 101/SR 92 Direct Connector Project
• Update the City Council on progress to date
• Review the public participation plan

4.1 Attachment 2 - Presentation

15 5
Background
• Voters prioritized 101/92
interchange improvements
• 1988 and 2004 Measure A
• 2018 Regional Measure 3
• 2016 Preliminary Planning
Study
• Caltrans, San Mateo, and Foster
City involvement
• Recommendations: (1) Near-term
Area Improvements and (2)
Longer-term Direct Connector
5 4.1
Attachment 2 - Presentation

16 Short-Term Area Improvements Overview
Safety and operational improvements
at four locations:

1. Add more space to the loop connector to
accommodate trucks.

2. Extend the outside lane to provide more
space for all 5 lanes to merge into three.

3. Realign the Fashion Island Boulevard off-
ramp from the eastbound 92 connector
ramp to the westbound 92 connector
ramp.

4. Add more space to the Hillsdale off-ramp
for cars getting off the freeway, upgrade
the northbound on-ramp to meet current
standards and enhance pedestrian
crossing, and extend the third eastbound
lane on the Hillsdale overcrossing.
6 4.1
Attachment 2 - Presentation

17 Short-Term Area Improvements Construction
• Within Caltrans Right-of-Way
• Minimize noise and light disruption
• Work impacting travel lanes during the night
• Schedule
• Breaking ground – April 2025
• Duration – Approx. 3 years
• Public Information
• Caltrans Project Webpage
• Roadway/Traffic Signage & Digital Communications
• Caltrans Public Information Officer: Jeneane Crawford (510.390.3252, [email protected])
7 4.1
Attachment 2 - Presentation

18 8
Direct Connector Project Overview
Provides a dedicated managed lane
connection between SR 92 and 101 Express
Lanes
• Improve travel time reliability for lane users
• Encourage carpooling and transit use
• Improve operational efficiency
• 2019 - Project initiated by San Mateo &
Foster City
• 2021 - Cities requested TA & C/CAG lead
subsequent phases
Image not to scale. For illustrative purposes only.

4.1 Attachment 2 - Presentation

19 9
Project Initiation
(completed 2021)
Environmental Review
(2023-2027)
Subject to Approval & Funding Availability
Detailed Design
(2 years)*
Construction
(2 years)*
Project Development Status
We are here
*If approved and funded

4.1 Attachment 2 - Presentation

20 10
Build Alternative 1
Images not to scale. For illustrative purposes only.
• Benefits westbound, morning commuters • Encourages drivers to stay on westbound 92 instead of using city streets to enter
101
Direct connection from westbound 92 to both directions of 101 Express Lanes

4.1 Attachment 2 - Presentation

21 11
Direct connection from the 101 Express Lanes to eastbound 92 Build Alternative 3
• Benefits eastbound, evening commuters • Encourages drivers to stay on 101 instead of city streets to get to 92
• Reduces backup for residents exiting 101 at
Hillsdale, southbound 101 at Fashion Island,
and heading eastbound 92
Images not to scale. For illustrative purposes only.

4.1 Attachment 2 - Presentation

22 12
Build Alternative 2
Reversible lane direct connection between 92 and 101 Express Lanes Images not to scale. For illustrative purposes only.
• During morning commute hours, connects
westbound 92 to 101 Express Lanes
• During evening commute hours, connects 101
Express Lanes to eastbound 92
• Combined benefits of Alternatives 1 & 3

4.1 Attachment 2 - Presentation

23 13
Build Alternative 1:

Westbound SR 92 to
101 Express Lanes
Build Alternative 2:

Reversible lane between 92 and 101
Express Lanes
Build Alternative 3:

Eastbound from the
101 Express Lanes to SR 92
• Portions of some residential yards along Norton Street (~320sf total) • Portions of existing utility easement, the area between property owner rear fences and the freeway sound wall
• 0 parks
• 0 houses
• 0 properties
Revised R/W Assessment Summary
Subject to Change Pending:
• Confirmation of Utility Requirements
• Caltrans Safety Assessment & Design Exception Approval • Noise Impact Analysis and Soundwall Needs

4.1 Attachment 2 - Presentation

24 14
Environmental Review Schedule
Spring 2024
• Public Scoping
Period
Summer 2024 –
Summer 2026
Fall 2026
• Release Draft
EIR for Public
Review &
Comment
Early 2027
• Select
Preferred
Alternative
Summer 2027
• Final EIR & Project
Approval
• Boards decision on
future phasesOngoing Public Engagement
We are here
Preliminary Engineering
• Aerial Survey
• Structural Advanced Planning
Studies
• Hydrology
• Geometric Layouts
• Traffic Operations Analysis
• Right-of-Way
Environmental Studies
• Aesthetics & Visual Resources
• Air Quality
• Biological Resources
• Greenhouse Gas Emissions
• Noise
• Transportation
• Community Impacts
Summer 2024 – Summer 2026
EIR – Environmental Impact Report

4.1 Attachment 2 - Presentation

25 15
Preferred Alternative Selection Process
Preferred
Alternative
Recommendation
Community
Feedback
City
Input
Cost +
Schedule +
Funding
Technical
Feasibility
Environ-
mental
Analysis
Project
Benefits
TA & C/CAG Boards
Project Development
Team (Caltrans and Sponsor staff)
Caltrans
TA & C/CAG Boards
consider funding for
future phases

4.1 Attachment 2 - Presentation

26 16
Public Participation Goals and Activities
Phase 1
Explain Process & Early Input
(Pre-DEIR Release)
Summer 2024 - Summer 2026
Phase 2
Project Benefits & Impacts
(Draft EIR Release)
Fall 2026 - Early 2027
Phase 3
Preferred Alternative & Next
Steps (Final EIR)
Early 2027- Summer 2027
• Scoping Meeting (completed)
• TA and C/CAG Board Updates
• City Staff Coordination & Council
Meetings (April + May 2025)
• Project Neighbor Virtual “Office
Hours” (scheduled upon
request)
• Neighborhood Meet & Greet
• Focused Topic Discussions
• TA and C/CAG Board Updates
• City Staff Coordination & Council
Meetings (Fall 2026)
• Draft EIR Circulation/Public
Comment Period
• Community Meetings (up to 5)
• Public Hearing
• TA & C/CAG Board
Updates/Items
• City Staff Coordination & Council
Meetings(Summer 2027)
• Public Communications (final
documents available, promote
completion of phase, inform
public of future activities)
• TA & C/CAG Board consider
funding for future phases

4.1 Attachment 2 - Presentation

27 17
Public Participation Tools
• Project Webpage:
www.smcta.com/101-92DC
• Multilingual Fact Sheet
• Frequently Asked Questions
• Promotional Materials
• Meeting invitations (mailed)
• Neighborhood Flyers
• Newspaper Ads
• E-blasts
• Social media posts

4.1 Attachment 2 - Presentation

28 18
Next Steps
• Continue environmental studies and engineering reports • Finalize focused topics for discussion through Summer 2026 • City Council update in Fall 2026 to initiate Phase 2 Outreach

4.1 Attachment 2 - Presentation

29 19
Questions/Comments?
General Project Email: [email protected]
Government & Community
Relations:

Amy Linehan
[email protected]
(650) 508-7855
Project Manager:

Carolyn Mamaradlo
[email protected]
(650) 622-7897

4.1 Attachment 2 - Presentation

30 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 5, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 5, 2025 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 Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, and Mayor/President Stacy Jimenez.

ABSENT: Councilmember/ex officio EMID Director Phoebe Venkat.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Cory Call, Police Chief; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director; Waqas Hassan, Assistant Finance Director; Eric Mackintosh, Deputy Fire Chief; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Kevin Ortiz,
Management Analyst; William Sandri, Police Captain; Michael Green, Police Lieutenant; Vuong Phan, Police Sergeant; Devon Butler, Police Corporal; Joyce Unga, Police Officer; Bethany Johnston, Police Officer; Nathan Ten, Police Officer; Salvador Solano, Public Works Maintenance Worker I; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION HONORING THE LIFE AND SERVICE OF DENNIS KAY.

Vice Mayor Kiesel presented the Proclamation Honoring the Life and Service of Dennis Kay to his family.

6.1 6.1 Minutes

31 PROCLAMATION RECOGNIZING MAY AS NATIONAL TENNIS MONTH.

Councilmember Niederhofer presented the Proclamation Recognizing May as National Tennis Month to Derrick Chua, representing the Foster City Tennis Club.

PROCLAMATION DECLARING THE WEEK OF MAY 11-17, 2025 AS "NATIONAL POLICE WEEK" AND MAY 15, 2025 AS "PEACE OFFICERS' MEMORIAL DAY.

Mayor Jimenez presented the Proclamation Declaring the Week of May 11-17, 2025 as “National Police Week” and May 15, 2025 as “Peace Officers’ Memorial Day” to Lieutenant Michael Greene.

PROCLAMATION DECLARING THE WEEK OF MAY 18-24, 2025 AS "NATIONAL PUBLIC WORKS WEEK".

Councilmember Sullivan presented the Proclamation Declaring the Week of May 18-24, 2025 as “National Public Works Week” to Maintenance Worker Salvador Solano.

PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE ROBORISE ROBOTICS TEAM.

Mayor Jimenez presented the Certificates of Recognition to members of the RoboRise Robotics Team.

CONSENT CALENDAR
Motion by Vice Mayor/Vice President Kiesel, seconded by Councilmember/Director Niederhofer, and carried, 4-0-0, Councilmember/Director Venkat absent, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of April 21, 2025;

2. City Ordinance No. 690, “An Ordinance Amending Chapter 17.90, “Below Market Rate Inclusionary Housing Program,” within Title 17, “Zoning,” Section 17.90.020, “Definitions,” and to Add New Sections 17.90.130, “Just Cause Evictions” and

17.90.140, “Tenant Relocation Assistance”; and 17.90.150, “Registry of Below Market Rate Units,” to Implement Housing Element Program H-C-3-B, Anti- Displacement Strategy and Program H-G-2-E, Rental Registry, and Finding Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) (First Reading on April 21, 2025);”

3. City Ordinance No. 691, “An Ordinance of the City of Foster City Amending Section

3.04.080, “Formal Bid Procedures for Purchases of Supplies, Services and Equipment”; Section 3.04.110, “Authorized Purchasing Alternatives for Supplies, Services and Equipment”; Section 3.04.140, “Purchase of Professional Services”;

6.1 6.1 Minutes

32 and Section 3.04.170 “Public Projects-Definitions” of Chapter 3.04, “Purchasing System,” within Title 3, of the Foster City Municipal Code to Make Administrative Revisions to the City’s Purchasing System (First Reading on April 21, 2025);”

4. City Resolution No. 2025-26, “A Resolution of the City Council of the City of Foster City Directing That the LGBTQIA+ Progress Pride Flag Be Flown from June 1, 2025 Through June 30, 2025 in Recognition of Pride Month Pursuant to the City Hall Flag Display Policy;”

5. City Resolution No. 2025-27, “A Resolution of the City Council of the City of Foster City Adopting the Street Rehabilitation Project (2025-2026) for Fiscal Year 2025- 2026 to be Funded by SB 1: The Road Repair and Accountability Act of 2017; and Finding this Resolution to be Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) and 15061(C);”

6. City Resolution No. 2025-28, “A Resolution of the City Council of the City of Foster City Designating the City Manager and Public Works Director, on Behalf of the City, as the Authorized Agents to Engage With the Federal Emergency Management Agency (FEMA) and the Governor’s Office of Emergency Services (CalOES) Regarding Grants Applied for by the City of Foster and Finding the Designation Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3);”

7. EMID Resolution No. 3799, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Designating the District Manager and Public Works Director, on Behalf of the Estero Municipal Improvement District, as the Authorized Agents to Engage With the Federal Emergency Management Agency (FEMA) and the Governor’s Office of Emergency Services (CalOES) Regarding Grants Applied for by the Estero Municipal Improvement District and Finding the Designation Exempt From California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3);”

8. City Resolution No. 2025-29, “A Resolution of the City Council of the City of Foster City Approving the Compensation and Benefits Plan for the City of Foster City Management Employees, Effective May 1, 2025”; and

9. EMID Resolution No. 3800, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Compensation and Benefits Plan for the Estero Municipal Improvement District Management Employees, Effective May 1, 2025.”

REPORTS
AUDIT COMMITTEE'S 2024 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2025. MINUTE ORDER NO. 2026.

Assistant Finance Director Hassan introduced Audit Committee Chair Falgoon Desai and Committee member Vijay Dodd who presented the report.

Discussion ensued.

6.1 6.1 Minutes

33 Motion by Councilmember Niederhofer, seconded by Councilmember Sullivan, and carried, 4-0-0, Councilmember Venkat absent, approving Minute Order No. 2026, receiving and accepting the Audit Committee’s 2024 Year End Report, Review of Mission Statement, and Goals for 2025.

RESOLUTION FOR ADOPTION

CODE OF CONDUCT FOR FOSTER CITY/EMID ELECTED AND APPOINTED OFFICIALS. CITY RESOLUTION NO. 2025-30. EMID RESOLUTION NO. 3801.

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

Discussion ensued.

Motion by Councilmember/Director Niederhofer, and the maker amending the motion, seconded by Vice Mayor/Vice President Kiesel, and carried, 3-0-1, Councilmember/Director Sullivan abstained and Councilmember/Director Venkat absent, adopting City Resolution No. 2025-30, “A Resolution of the City Council of the City of Foster City Adopting a Code of Conduct for Foster City Elected and Appointed Officials” and EMID Resolution No. 3801, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a Code of Conduct for Elected and Appointed Officials” with the following amendments to the Code of Conduct:

1. An addition under “Meeting Decorum,” stating Councilmember/Directors should arrive to meetings prepared, having read staff reports and attachments, and requesting in advance any necessary and available information from staff. If a Councilmember/Director has questions on agenda items, the member should contact staff prior to the meeting to allow staff the time to research and respond for the meeting; and

2. An addition under “Reporting,” stating that suspected violations of the Brown Act should be reported to the City/District Manager or City/District Attorney.

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

City/District Warrants of Demands were Processed and Issued on April 4, 2025, April 16, 2025, and ACH were processed on April 4, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated that City Hall will be closed on Thursday, May 8 from 8:00 a.m. to 12:00 p.m. to allow staff to attend the funeral service of a member of the Foster City Police Department. Notice of the closure will be posted on the affected

6.1 6.1 Minutes

34 facilities and on social media. He reminded the Council/Board that there is a Budget Study Session scheduled for May 22.

Councilmember/Director Sullivan stated he attended the San Mateo Union High School District Board meeting on April 24, where they received a presentation from StarVista, an organization that provides mental health resources for the students. He also shared that the Burlingame Highschool Robotics Team, the Iron Panthers, won first place at the World Championship in Texas. On May 2-4, he attended the Chamber San Mateo County Progress Seminar.

Councilmember/Director Niederhofer, in honor of Public Service Recognition Week, thanked staff for their work to keep the City running.

Councilmember/Director Kiesel stated he attended the Rethink Waste Board meeting on April 24.

Mayor/President Jimenez stated she attended the Peninsula Clean Energy Board meeting on April 24. On April 28, she hosted a Meet the Mayor visit with students from Kids Connection Elementary School, and also attended the City/County Association of Governments of San Mateo County (C/CAG) Congestion Management and Environmental Quality Committee meeting. On April 29, she attended the San Mateo Consolidated Fire Board meeting. She reminded the community that the Foster City Chamber of Commerce is hosting a 5k Fun Run on May 10 starting at 8 a.m., followed by a Mother’s Day Weekend Market at Bayside Towers.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 7:31 p.m.

6.1 6.1 Minutes

35 DATE: May 19, 2025

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

FROM: Sofia Mangalam, Community Development Director
Helen Gannon Telfer, Senior Planner
DEPARTMENT: Community Development
SUBJECT: TASK ORDER WITH PLACEWORKS IN THE AMOUNT OF
$139,919 TO PROVIDE ENVIRONMENTAL REVIEW AND

DOCUMENTATION (INITIAL STUDY) FOR GILEAD CHESS
HATCH MASTER PLAN LOCATED AT 1155, 1165, AND 1185
CHESS DRIVE, FOSTER CITY (EA2025-0001); AUTHORIZING A
5 PERCENT CONTINGENCY IN THE AMOUNT OF $6,996

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Task Order PLWS-2025-01 with PlaceWorks, Inc. in the amount of $139,919, to provide environmental review and documentation (Initial Study) for the proposed 800,000 square feet (SF) of biotechnology or research and development uses, located at 1155, 1165, and 1185 Chess Drive (Gilead Chess Hatch Master Plan); authorizing a 5 percent contingency in the amount of $6,996 and authorizing the City Manager to execute any necessary amendments to the Task Order up to that amount; and finding the authorization of the Task Order exempt under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

EXECUTIVE SUMMARY
The Chess Hatch Master Plan was evaluated in an Environmental Impact Report (EIR) that was certified in November 2009 (State Clearinghouse No. 2008122065) and subsequently amended with an Addendum in 2013 (herein referred to as the Master Plan

6.2 6.2 Staff Report

36 EIR). The Master Plan EIR analyzed demolition of 190,000 SF of existing buildings and development of 800,000 SF of new office uses (including flexible space for retail and other amenities), for a net new development amount of 610,000 SF. On September 3, 2013, the City Council approved a General Development Plan (GDP) to allow up to 800,000 SF of office, biotechnology, or research and development on the Chess-Hatch property via City Ordinance No. 573 followed by Planning Commission approval of the Use Permit for the Project.

An Initial Study is a preliminary analysis prepared by the lead agency (usually the city or the county having primary jurisdiction over the project but may also be state agencies) to determine appropriate environmental review and documentation for a Project. For the proposed 800,000 SF of biotechnology or research and development uses in the Gilead Chess Hatch Master Plan, an Initial Study is required to prepare new and update certain technical studies for CEQA review.

Staff is recommending authorizing the Mayor to execute Task Order PLWS-2025-01 with PlaceWorks in the amount of $139,919 and a 5 percent contingency in the amount of $6,996, to prepare an Initial Study for the proposed project (Attachment 2, Exhibit A) and finding the authorization of the Task Order exempt under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

BACKGROUND/ANALYSIS
On September 3, 2013, the City approved a Master Development Agreement (DA) to develop the Chess Hatch Master Plan on the Chess-Hatch Property via City Ordinance No. 574. Additionally, a General Development Plan/Rezoning was approved via Ordinance 573 as follows:
“The City of Foster City Zoning Map is hereby amended to reclassify the +/- 11.9-acre land bounded by Chess Drive, Foster City Boulevard, and State Route 92 (APNs: 094- 010-100, -500, -510) to change the Zoning designation from M-1/PD (Light Industrial/Planned Development) to C-M/PD (Commercial Mix/Planned Development) with a General Development Plan to allow up to 800,000 square feet of office, biotechnology, or research and development uses and parking structures and at-grade parking lots; accessory uses, such as commercial, industrial or light assembly uses which are incidental or supportive to the primary office, biotechnology or research and development uses; or other uses which, in the opinion of the planning director, are similar to and no more offensive than the above-listed uses; with up to 5,000 sq. ft. of the total Project square footage to be used for retail, restaurant or other business-supporting ancillary commercial amenities; except that the following uses are excluded: housing, schools, day care, and other uses primarily serving children.”

6.2 6.2 Staff Report

37 On April 17, 2014, the Planning Commission approved a Use Permit and an addendum to the EIR prepared for the project. (UP-13-004 and EA-07-001B).

On March 1, 2019, a Memorandum of Extension to the DA was entered between the City and Gilead extending the initial term of the DA to September 7, 2024.

On September 7, 2024, both the Use Permit and the Master DA expired.

On February 14, 2025, the applicant submitted a Preliminary Review application for Gilead Campus Expansion project on the subject property for construction of up to a maximum of 800,000 square feet of biotechnology or research and development, in addition to a single, standalone, multi-story parking garage. The proposed project includes the following entitlements:
•An Amendment to the General Development Plan for Chess-Hatch Master Plan for the Property.
•A Vesting Tentative Map for the Property;
•A Use Permit/Specific Development Plan.

These actions will be presented to the Planning Commission and/or City Council at future meetings upon completion of the Initial Study and environmental review.

The City is seeking professional consultant services for the preparation of an Initial Study for the proposed project under CEQA. It shall be noted that EIR technical studies requirements have changed over the years since the Master Plan EIR was prepared in 2009, particularly those involving transportation impacts, have transitioned from primarily relying on Level of Service (LOS) to using Vehicle Miles Traveled (VMT) as a key metric for environmental analysis.

On March 19, 2025, an RFQ was sent out to the established list of 12 consultants on the Master Services Agreement to obtain a cost estimate and schedule (timeline) of the required environmental review for the proposed project. Staff received proposals from seven (7) out of the 12 consulting firms, including proposals from Circlepoint, David J.

Powers and Associates, Dudek, LSA, PlaceWorks, Stantec, and Urban Planning Partners, and evaluated the proposals based on the following:
•Billing Structure/Overall Cost
•Scheduling/Timeline
•Relevant Experience
•A statement demonstrating that the consultant understood the scope of work required.

The following points (out of 40) were scored for each of the seven (7) firms:

6.2 6.2 Staff Report

38 Consulting
Firm
Circlepoint David J.

Powers
and
Associates
Dudek LSA PlaceWorks Stantec UPP
Score 35 33 25 35 37 35 36
Staff then narrowed it down and received revised scopes from two (2) firms, based on the elimination of required peer reviews and the addition of separate technical reports that the project applicant would not be providing. After receiving the revised scopes, staff decided to choose PlaceWorks for the Initial Study. PlaceWorks did not require any revisions to their submitted proposal, has a good understanding of the proposed project, and has a reasonable timeline/budget. PlaceWorks has also had several recent and ongoing environmental review projects in the greater peninsula area, including San Mateo, Belmont, and San Carlos.

The consultant in their proposal has included preparing the following technical studies:
•Air Quality, Greenhouse Gas Emissions, and Energy
•Cultural Resources
•Hydrology and Water Supply
•Noise and Vibration
•Shadow
•Transportation
The proposed scope and maximum compensation for the environmental review associated with the project can be reviewed in Attachment 2.

Development projects are 100% cost recovery paid for by the applicant through a pass- through agreement planning fee deposit account (EA2025-0001). Additionally, the City would charge the standard 15% administrative fees as established in the City’s Master Fee Schedule for managing the work performed by the consultant identified in this Task Order. A Task Order is required to approve the selection of the consultant from the established on-call list.

CEQA
The request for approval of the Task Order is exempt per CEQA Guidelines Section 15061(b)(3), Common Sense Exemption (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT
All costs associated with review of development projects and CEQA analysis will be paid by the project applicant.

6.2 6.2 Staff Report

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

Attachment 1 – Resolution
Attachment 2 – Task Order with Exhibit A
Attachment 3 – Master Professional Services Agreement with PlaceWorks

6.2 6.2 Staff Report

40 RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE TASK ORDER PLWS-2025-01 WITH PLACEWORKS IN THE AMOUNT OF $139,919, TO PROVIDE ENVIRONMENTAL REVIEW AND DOCUMENTATION (INITIAL STUDY) FOR TO THE PROPOSED 800,000

SF OF BIOTECHNOLOGY OR RESEARCH AND DEVELOPMENT USES, LOCATED AT 1155, 1165, AND 1185 CHESS DRIVE (GILEAD CHESS HATCH MASTER PLAN); AUTHORIZING A 5 PERCENT CONTINGENCY IN THE AMOUNT OF $6,996 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
AMENDMENTS TO THE TASK ORDER UP TO THAT AMOUNT; AND FINDING THE

AUTHORIZATION OF THE TASK ORDER EXEMPT UNDER CALIFORNIA

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

CITY OF FOSTER CITY
WHEREAS, the Chess Hatch Master Plan was evaluated in an environmental impact report (EIR) that was certified in November 2009 (State Clearinghouse No. 2008122065) and subsequently amended with an Addendum in 2013 (herein referred to as the Master Plan EIR). The Master Plan EIR analyzed demolition of 190,000 SF of existing buildings and development of 800,000 SF of new office use (including flexible space for retail and other amenities), for a net new development amount of 610,000 SF; and
WHEREAS, the original project was never constructed and Gilead Sciences, Inc. has requested Environmental Assessment to replace the existing one and two-story commercial/ light industrial buildings (totaling approximately 191,500 square feet) and surface parking on this site with up to a maximum of 800,000 SF of biotechnology or research and development uses and a parking garage in two phases as an expansion of their existing biotechnology campus located at 1155, 1165, and 1185 Chess Drive (the “Project”); and
WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, the project requires environmental review in order to assess the impacts of the proposed project (EA2025-0001); and
WHEREAS, an initial study is a preliminary analysis prepared by the lead agency (usually the city or the county having primary jurisdiction over the project but may also be state agencies) to determine appropriate environmental review and documentation; and WHEREAS, for the proposed 800,000 SF of biotechnology or research and development uses in the Gilead Chess Hatch Master Plan, an Initial Study is required to prepare new and update several technical studies for CEQA review; and

6.2 Attachment 1 - Resolution

41 3
3 7
1 WHEREAS, on September 18, 2023, the City Council adopted City Resolution No. 2023-90 approving the established list of 12 qualified environmental consultants to provide project-based professional on-call services for CEQA reviews for the Planning Division, authorizing the Mayor to execute a master professional services agreement with each consultant on the list with no compensation maximum for a term of five (5) years; and
WHEREAS, staff issued a Request for Quote (“RFQ”) to the list of 12 consultants on the Master Services Agreement, with a due date for responses by April 4, 2025; and WHEREAS, the City received a total of seven (7) responses from the consulting firms in response to the RFQ; and
WHEREAS, the seven (7) consultants selected and identified an extensive proposal, expressing a clear understanding of the scope of work and most closely aligned to the deliverables desired by the City for this position; in addition to demonstrating its capabilities to meet the City’s expectations for such services; and WHEREAS, City staff selected PlaceWorks, Inc. as the qualified Environmental consultant to complete the required environmental review for the project; and WHEREAS, the City’s Purchasing Policy contemplates that the City Council will approve professional services over $50,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City that the issuance of the Task Order is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

BE IT FURTHER RESOLVED, the City Council does hereby authorize the Mayor to execute Task Order PLWS-2025-01 with PlaceWorks, Inc. in the amount of $139,919 to provide environmental review and documentation for the proposed 800,000 SF of biotechnology or research and development uses, located at 1155, 1165, and 1185 Chess Drive.

BE IT FURTHER RESOLVED, a 5 percent contingency in the amount of $6,996 is hereby approved and the City Manager or their designee is authorized to execute any necessary amendments to the Task Order, in a form approved by the City Attorney, up to that amount.

6.2 Attachment 1 - Resolution

42 3
3 7
1 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 May 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMENEZ, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

43 TASK ORDER NO. PLWS-2025-01

TO MASTER PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL
E

NVIRONMENTAL REVIEW AND CONSULTING SERVICES
This Task Order No. PLWS-2025-01 ("Task Order") is made an d entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and PlaceWorks, Inc.
("Consultant").

RECITAL
A. City/District and Consultant entered into an agreement entitled Master Professional Services Agreement For On -Call Environmental Review and Consulting Services ("Agreement") on September 19, 2023, by which the Consultant agreed to provide professional environmental review and consulting services on development applications and long-r ange projects and related services in accordance with Task Orders issued by the City.

NOW, THERE
FORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all
items and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the
terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and c
onditions of the Agreement, in an amount not to exceed $139,919 (including all hourly billings as well as reimbursable costs).

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this
Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS W
HEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster Cit
y Consultant
_______________________________ _______________________________ By: S
tacy Jimenez By: Randal W. Jackson
Title: Mayor Title: President
Date: __________________________ D
ate: ___________________________

6.2 Attachment 2 - Task Order with Exhibit A

44 EXHIBIT A

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

PROFESSIONAL ON-CALL ENVIRONMENTAL REVIEW AND CONSULTING

SERVICES
TASK ORDER PLWS-2025-01
This is an Exhibit attached to and made a part of and incorporated by reference to the Master Professional Civ il Engineering Ser vices Agreement dated September 19, 2023, by and between PlaceWorks, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Munic ipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional ser vices.

See attached proposal.

6.2 Attachment 2 - Task Order with Exhibit A

45 April 4, 2025
Helen Gannon, Senior Planner
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
Subject: Gilead Chess Hatch Project Initial Study
Dear Helen Gannon:

Please accept th is submittal as PlaceWorks’ proposal to prepare an Initial Study for the Gilead Chess Hatch Project for the City of Foster City.

PlaceWorks is a 100 percent employee -owned planning, design, and environmental consulting firm, with approximately 140 employees in six offices. Serving both public - and private- sector clients throughout the state, PlaceWorks provides environmental review, comprehensive planning, urban design, landscape architecture, community outreach, and Geographic Information Systems (GIS) services. Our talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable s olutions.

PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. PlaceWorks brings together people from diverse practice areas, offerin g best-of-all- worlds capability and connectivity. Just as each place we work is distinctly different, so is our thinking.

PlaceWorks has several recent and ongoing environmental review projects in the Foster City area and greater Peninsula , including for the Cities of San Mateo, Belmont, and San Carlos, and for San Mat eo County. For this project, we have assembled a highly skilled team with Fehr & Peers (transportation), ECORP Consulting (biological and cultural resources), and Cathy Fitzgerald (utilities).

Understanding of the Project
Gilead Sciences seeks to redevelop the properties at 1155, 1165, and 1185 Chess Drive (project site). The project site lies between Chess Drive, Foster City Boulevard, State Route 92, and the Foster City Lagoon. The project site properties are currently developed with one - and two-story commercial/light and indust rial buildings. The Chess Hatch Master Plan was evaluated in an environmental impact report (EIR) that was certified in November 2009 (State Clearinghouse No. 2008122065) and subsequently amended with an Addendum in 2013 (herein referred to as the Master Plan EIR) . The Master Plan EIR analyzed demolition of 190,000 square feet of existing

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buildings and development of 800,000 square feet of new office uses (including flexible space for retail and other amenities), for a net new development amount of 610,000 square feet. To date, no demolition or redevelopment has occurred on the project site.

The project site has a General Plan land use designation of Chess/Hatch Office Research, which allows commercial, office, industrial, biotechnology and other compatible uses. While the Master Plan EIR evaluated 800,000 square feet of office and accessory uses, the proposed project proposes biotechnology or research and development (R&D) uses. The proposed project would be developed in two phases. The table below summarizes the proposed project.

Activity/Use Phase One Phase Two Full Buildout
Demolition
Number of Buildings 8 buildings 4 buildings 12 buildings Square Footage 123,536 sq ft 67,971 sq ft 191,507 sq ft New Development 200,000 sq ft 600,000 sq ft 800,000 sq ft Land Use Biotechnology or R&D
(with surface parking)
Biotechnology or R&D
with parking garage
(surface parking to be
demolished)
Biotechnology or R&D
with parking garage

The City is seeking environmental review services for the preparation of an Initial Study to determine the appropriate review document for the proposed project under the California Environmental Quality Act (CEQA). Pursuant to CEQA Section 21166 and CEQA Guidelines Section 15162, when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR or negative declaration shall be prepared for the project unless the lead agency determines that one or more of the following conditions are met:
» Substantial project changes are proposed that will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; » Substantial changes would occur with respect to the circumstances under which the project is undertaken that require major revisions to the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
» New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the negative declaration was adopted shows any of the following:

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• The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
• Significant effects previously examined will be substantially more severe than identified in the previous EIR.
• Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives. • Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

Where none of the conditions specified in Section 15162 1 are present, the lead agency must
determine whether to prepare an Addendum or whether no further CEQA documentation is required (CEQA Guidelines Section 15162[b]). An Addendum is appropriate where some minor technical changes or additions to the previously certified EIR are necessary, but there are no new or substantially more severe significant impacts (CEQA Guidelines Section 15164).

For the proposed project, the Initial Study should be written to provide substantial evidence for making a determination pursuant to CEQA Guidelines Section 15162.

Scope of Work
Task 1. Project Initiation and Management

1.1 Kick-off Meeting
PlaceWorks will organize the project kick -off meeting to collect available project information, identify data needs, define roles and responsibilities, set protocols for meetings and communication, and confirm project approach. During the kick -off meeting we will also discuss the significance criteria and baseline conditions to be used in the Initial Study. Fehr & Peers will also attend the project kick-off meeting.

Prior to the kick-off meeting, PlaceWorks will prepare an agenda and schedule for discussion.

After the meeting, PlaceWorks will submit meeting notes and finalize the project schedule.

1 See also Section 15163 of the State CEQA Guidelines, which applies the requirements of Section 15162 to supplemental EIRs.

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1.2 Check-in Meetings
Our project management team will attend and participate in up to five one-hour progress meetings (virtually) throughout the environmental process to discuss project d etails and issues, such as the project description, status updates, and technical studies. These progress meetings would be in addition to regular email and phone communication.

1.3 Project Management
PlaceWorks’ project management team will coordinate regularly with City staff to ensure that all CEQA documentation and associated technical documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Projec t management responsibilities include task scheduling and assignment; internal coordination; cost and schedule monitoring; and coordination and communications with City staff.

1.4 Project Description and Project Data Spreadsheet
PlaceWorks will prepare a comprehensive project description defining the project boundaries and area of development, proposed improvements , and construction activities and phasing . The project description will be supported with figures and tables. The project description will also identify the required project approvals from the City and responsible agencies. We will submit the draft project description to staff for review. After receipt of comments, we will revise the project description, as needed, for inclusion in the administrative draft Initial Study.

Concurrent with preparation of the project description, PlaceWorks’ technical team will prepare a data needs spreadsheet and consult with the City and project applicant to identify the project data to be used for technical modeling.

Deliverable:
• Project schedule (within 10 days of contract execution), to be maintained throughout the project (Excel)
• Draft Project Description (Word)
• Project data spreadsheet (Excel)
Task 2. Draft Initial Study

2.1 Arborist Report Peer Review
An ECORP ISA-certified arborist will conduct a peer review of the Arborist Report prepared for the project applicant by Focal Hort Science Bartlett Consulting. ECORP will review the report with respect to the standards and requirements of Foster City’s Land Modification Requirements, and recommendations will be developed for further data collection, if needed, to assess impact significance and support the Landscape Modification application for the project. A report with the results of the review will be submitted to the City.

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2.2 Technical Analysis
The project team will prepare the following technical reports. The results of these analyses will be incorporated into the I nitial Study, and supplemental material including modeling results will be included as appendices.
a. Air Quality, Greenhouse Gas Emissions, and Energy
i. Air Quality Analysis
Construction Phase. PlaceWorks will quantify short -term criteria air pollutant emissions from construction activities associated with the proposed project using the latest version of the California Emissions Estimator Model (CalEEMod). For the purposes of this scope and cost estimate, it is assumed that construction activities would be conducted in two phases. The construction regional emissions inventory will be based on the construction schedule for the project, activity durations, soil haul volumes (if applicable), and anti cipated equipment for each construction activity, as provided by the City. Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and work with the City to develop the construction assumptions. The calculated project-related construction emissions will be compared to the Bay Area Air Quality Management District (Air District) air quality significance thresholds for construction. Construction health risk impa cts will be assessed utilizing the Air District’s project - level and cumulative health risk thresholds.

Operations Phase. PlaceWorks will also quantify the net increase in long -term criteria air pollutant emissions associated with operation of the proposed project. Project-related long-term emissions will be calculated using CalEEMod and assessed against the Air District’s ai r quality significance thresholds for operation. The air quality analysis will evaluate impacts from carbon monoxide (CO) hotspots related to operation of the proposed project. Based on the type of project proposed, and because the San Francisco Bay Area Air Basin is classified as in Attainment for CO standards, a qualitative assessment of CO hotspots will be provided. This analysis will assume up to two pieces of stationary source equipment, such as a back -up generator and/or industrial boiler, are proposed as part of the project. Should additional stationary source equipment be added to the project at a later time, it is our understanding that this equipment would be reviewed and regulated by the Air District under their permit requirements to ensure associated impacts are less than significant. Furthermore, a qualitative assessment of potential odor generation to describe potential odor impacts in addition to a consistency evaluation of the project’s combined mass emissions to the Air Dis trict’s air quality management plans will be provided. In addition, PlaceWorks will provide a qualitative evaluation of potential health risk impacts from project operation.
ii. Greenhouse Gas Emissions Analysis
PlaceWorks will identify greenhouse gas (GHG) emission sources from construction and operational activities associated with the project. The GHG emissions impact analysis will utilize the same modeling and analysis assumptions used for the air quality impa ct analysis, including

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construction phasing and activities, vehicle trip generation, and building energy consumption.

PlaceWorks will analyze project emissions against the applicable Air District significance thresholds for GHG emissions.

PlaceWorks will also provide a discussion on the GHG reduction goals of Senate Bill (SB) 32, Assembly Bill (AB) 1279, and SB 375. The California Air Resources Board has prepared a Climate Change Scoping Plan that addresses the State’s GHG reduction goals. The Metropolitan Transportation Commission and Association of Bay Area Governments have prepared a Regional Transportation Plan/Sustainable Communities Strategy (RTP/SC S) to address the region’s requirements to reduce passenger vehicle VMT and associated G HG emissions under SB 375.

PlaceWorks will review project consistency with these statewide and regional GHG emissions reduction strategies as well as with the City’s 2024 Climate Action Plan. iii. Construction Health Risk Assessment
PlaceWorks will prepare a quantitative construction Health Risk Assessment (HRA) to assess the health risk impacts experienced by nearby receptors from construction of the project. A project’s proximity to off -site sensitive receptors (e.g., residences) an d non -sensitive receptors (e.g., employment centers) combined with the duration and intensity of construction activities have the potential to cause adverse health effects at those receptor locations. In 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) updated their health risk assessment guidelines to recommend a health risk analysis for construction projects longer than two months.

As a result, PlaceWorks has seen an increase in the number of comment letters, including comment letters from labor organizations, that request a quantitative analysis of construction health risk. Based on aerial imagery of the project site, the closest sensitive receptor to the project would be the Foster City KinderCare facility, approximately 1,000 feet to the south of the project site; however, worker receptors are also found at employment centers surrounding the project site. The construction HRA will address potential health risk impacts at these and other receptor land uses within 1,000 feet of the project site and will include air dispersion modeling results, cancer risk calculations, and a discussion of the health factors and assumptions considered in the HRA. The results of the construction HRA will be compared to the Air District health risk impact criteria of no greater than 10 in one million cancer risk and no greater than 1.0 hazard index for non-cancer risks.
iv. Energy Impact Analysis
PlaceWorks will prepare an energy analysis to identify whether the proposed project would result in wasteful, inefficient, or unnecessary use of energy resources in accordance with Appendix F of the CEQA Guidelines. As part of this analysis, PlaceWorks wil l discuss the project’s increase in energy consumption (i.e., natural gas and electricity) based on the design of the proposed project.

Electricity and natural gas use associated with operation of the proposed facility will be based on the size and type of land uses proposed and on default CalEEMod energy rates unless project - specific energy consumption demand is available from the City or applicant. PlaceWorks will also

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provide an overview and review of the project’s consistency with the applicable plans or policies adopted for the purposes of improving energy efficiency or promoting renewable energy use, such as the California Renewables Portfolio Standard Program or the California Energy Efficiency Strategic Plan.
b. Cultural Resources
ECORP will conduct a records search of the California Historical Resources Information System (CHRIS) and literature review for the project site. ECORP will request a records search of the CHRIS from the Northwest Information Center (NWIC) at California State University, Sonoma. The CHRIS records search will identify the locations and extent of previous surveys conducted within

0.25 mile of the project site and will determine if there are any known cultural resources (i.e., pre- contact [prehistoric] or historic archaeological sites or historic-period features) within or near the project site. In addition, the records search will identify resources listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and/or the California Register of Historical Resources (CRHR) within or near the project area.

ECORP will also request a search of the Sacred Lands File from the NAHC. The Sacred Lands File search will identify any known sensitive or sacred Native American resources within or near the project site. It should be noted that the Sacred Lands File searc h will not constitute consultation in compliance with Senate Bill (SB) 18, Assembly Bill (AB) 52, or Section 106 of the National Historic Preservation Act (NHPA). SB 18, AB 52, and Section 106 consultation are separate processes from cultural resources tec hnical studies and are not included in this scope of work. However, PlaceWorks and ECORP can assist the City with tribal outreach and notification if requested, subject to a contract amendment.

Cultural Resources Inventory and Evaluation (Optional Task) As an optional task , ECORP can conduct a cultural resources inventory of the project site. The cultural resources inventory would be conducted under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historic archaeology. This study would be conducted pursuant to CEQA and Section 106 of the National Historic Preservation Act.

ECORP would complete an intensive field survey of the project site using pedestrian transect intervals spaced 10 to 15 meters apart, where possible. An ECORP archaeologist would closely examine the project site for surface evidence of cultural materials, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. ECORP assumes no resources would be recorded within the project site as a result of the field survey. If any resources are identified in the project site, they would be documented and mapped in detail in accordance with the standards of the California Office of Historic Preservation.

Based on preliminary research, ECORP has identified four office structures within the southwestern portion of the project site that are over 50 years old. Pursuant to compliance with

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CEQA, ECORP would document and evaluate these structures for eligibility in the National Register of Historic Places and California Register of Historical Resources. Any archaeological resources encountered during the survey may require a change order to properly record and evaluate the resources.
c. Hydrology and Water Supply
SB 610 requires that the water purveyor of the public water system prepare a Water Supply Assessment (WSA) to be included in CEQA documentation of certain projects. The proposed project is subject to CEQA and also meets the definition of a project in Water Code Section 10912 as a commercial office building project that includes greater than 250,000 square feet of floor space. A WSA was prepared for the previous project in 2009 (Approved Project) and projected an increase of 36 acre-feet per year (AFY) in water demand over existing conditions. In 2023, a WSA was prepared for the Foster City Housing and Safety Element Update, in which the increase in water demand for the Approved Project was recalculated as 15 AFY.

An updated WSA will be prepared in accordance with the requirements of SB 610. Cathy Fitzgerald and PlaceWorks will prepare a WSA for review by Estero Municipal Improvement District (EMID).

References used will include the City’s 2020 Urban Water Management Plan, the City’s latest General Plan and Housing and Safety Element, and EMID’s Water Neutrality G rowth Ordinance.

Water demand factors will be determined through coordination with Maddeus Water Management and EMID. Cathy Fitzgerald and PlaceWorks have r ecent experience coordinating with EMID and the City of Foster City through our work with the City of San Mateo on t he San Mateo General Plan 2040 EIR.

The WSA will include the following information:
» The availability of water supplies over a historical record of at least 20 years. » The quantification of existing and planned sources of water available to the City in 5-year increments for the 20-year projection.
» A quantification of the City’s past, current, and projected water demands. » A quantification of the water demands for the proposed project and an assessment of the water demand for proposed project as accounted for in the 2020 UWMP. » A discussion as to whether the public water system’s total projected water supplies available during normal, single dry, and multiple dry water years during a 20-year projection will meet the projected water demand of the proposed project in addition to the public water system’s existing and planned future uses. This will include the evaluation of drought impacts and consideration of variability in demand and supply based on hydrologic conditions. » The applicability of City’s water shortage contingency analysis prepared pursuant to Section 10632 of the Water Code that includes actions to be undertaken by the public water system in response to water supply shortages.

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d. Noise and Vibration
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the proposed project. The analysis will discuss relevant criteria for noise exposure based on applicable federal, State, and local standards and ordinances, including applicable standards from the Municipal Code and General Plan Noise Element.

Existing Conditions. The dominant noise source in the project area is State Route 92 and Foster City Boulevard traffic noise. PlaceWorks proposes to assess existing conditions and other environmental characteristics based on available data from General Plan noise contour, aer ial photography, and traffic noise modeling. No ambient noise monitoring is proposed.

Transportation Noise. PlaceWorks will assess potential traffic noise levels along major arterials and highways . The analysis will identify areas along roadway segments that would either be exposed to noise levels above established criteria or result in an increase of more than 3 decibels (dBA).

Stationary Noise. Due to the proposed land use, n oise impacts from non-transportation sources will be evaluated and assessed based on City noise standards. PlaceWorks will analyze noise impacts from non -transportation sources in terms of potential impacts to adjacent commercial receptors in the immediate vicinity and the noise limitations identified within the City’s Noise Ordinance.

Construction Phase. Project-related demolition and construction noise will temporarily elevate the ambient noise environment above existing conditions. PlaceWorks will evaluate noise and vibration impacts associated with site preparation and project construction activities u sing industry-standard analysis techniques and using scheduling, equipment mix, hauling, and truck trip information (as provided by the project applicant). Vibration impacts will be assessed using criteria in the Federal Transit Administ ration guidance document on noise and vibration impact assessment.
e. Shadow
PlaceWorks will prepare a shadow study that analyzes the potential projection of shadow from the proposed project over adjacent buildings and space. The shadow study will be done using SketchUp by geolocating a model of the project in 3D model space and using the program’s solar built-in Shadows feature to estimate shadow casting. This scope assumes the City or project applicant will provide a 3D model for insertion into SketchUp. PlaceWorks will prepare three top- down renders at 9:00 am , 12:00 pm , and 3:00 pm for summer solstice, fall/spring equinox, and winter solstice, for a total of nine exhibits.

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f. Transportation
i. Existing Conditions
Fehr & Peers will document the existing condition of the transportation facilities within the study area by relying on available data, previous field observations, and our understanding of the study area. This will include roadway characteristics, observations of existing traffic operations, including queuing or potential conflicts, the frequency and locations served by transit service, and existing pedestrian and bicycle facilities and potential hazards. This task does not include new data collection.
ii. Travel Demand Estimates
Fehr & Peers will develop trip generation estimates using the Institute of Transportation Engineers’ (ITE) Trip Generation Manual (11th ed.). Fehr & Peers will review options for which land use code will be used, including office or life science type uses. Fehr & Peers will assess how project-generated vehicle trips access the site via the surrounding street network based on knowledge of existing local travel patterns and relative locations of complementary land uses.

Fehr & Peers will compare the project’s trip generation and assignment at the four study intersections to those presented in the prior EIR for the site, if requested. Fehr & Peers will not quantitively assign the project trips to the local roadway network, or produce intersection turning movement volumes with the addition of project traffic.
iii. Preliminary VMT Screening
Fehr & Peers will conduct a preliminary vehicle miles traveled (VMT) screening analysis to determine wither the project is presumed to have a less -than-significant VMT impact using the C/CAG VMT screening tool and Fehr & Peers’ VMT+ tool. The purpose of the screening exercise is intended to understand whether a quantitative VMT analysis is warranted (e.g., running the C/CAG model with the project included). Fehr & Peers will review these screening results with the project team in combination with the propos ed applicant’s TDM plan and in the context of the CEQA review pathway and determine the best subsequent VMT approach for the project upon completion of the VMT screening exercise, if/as necessary. iv. Site Plan Review
Fehr & Peers will review the proposed project’s preliminary plan documents for consistency with transportation circulation best practices, applicable requirements and codes, and Foster City’s General Plan Circulation Element goals and policies.

Fehr & Peers’ review of the Proposed Project’s preliminary plan documents will include assessing and addressing the following topics:
» Site access and driveway locations/configurations
» Internal and adjacent transit or shuttle stop facilities

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» Connectivity to nearby bicycle facilities
» Reducing hazards for all modes
The site plan review will inform the discussion of plan compliance and hazards. v. Optional Tasks
Fehr & Peers can provide the following optional transportation planning services that might be needed to address mobility and design questions in support of the project and its approvals:
» Cumulative traffic forecasts
» Level of service (LOS) analysis or peer review of LOS analysis » Quantitative VMT analysis using the C/CAG travel model » Impact analysis for construction, VMT, safety hazards, or vehicle parking » Additional rounds of formal review and comments on site plan design changes » Additional rounds of revision for the technical memorandum » Transportation Demand Management (TDM) Plan

2.3 Administrative Draft Initial Study
PlaceWorks will prepare an Administrative Draft I nitial Study using the significance criteria decided upon during the kick -off meeting . The IS will document existing conditions, project impacts (if any), as well as the resulting level of significance for potential impacts under each of the topical areas required under CEQA.

Based on the project location in an urban area and surrounded by development, it is expected that the same environmental topics “scoped out” of the Master Plan EIR will be identified as areas of no impact in the Initial Study —agricultural resources, biological resources, and mineral resources. These topics will be briefly addressed and dismissed from detailed analysis in the Initial Study. (Shade and shadow were scoped out of the Master Plan EIR but will be analyzed for the proposed project, as requested in the City’s Request for Proposals.) Deliverables:
• Administrative Draft Initial Study with technical analyses appended (PDF and Word) Task 3. Final Initial Study
Using one set of consolidated comments from the City and/or its legal counsel on the Draft Initial Study, PlaceWorks will prepare a Final Study. PlaceWorks assumes 40 hours for addressing comments from City staff on the Draft Initial Study.

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Task 4. CEQA Document Approach
Following the preparation of the Initial Study, PlaceWorks will consult with the City regarding options for the CEQA path for the proposed project. This task will be based on the considerations in Section 15162 of the CEQA Guidelines. Generally speaking, if the proposed project would not result in new or worsened impacts compared to those identified in the Master Plan EIR, an Addendum would be an app ropriate CEQA document for the proposed project; otherwise, a Supplemental or Subsequent EIR may be required. PlaceWorks will also provide additional CEQA options based on the conclusions in the Initial Study.

Proposed Schedule
PlaceWorks’ proposed schedule for completion of CEQA services for the proposed project is shown on Figure 1, Proposed Schedule. As shown in the schedule, we anticipate that the project can be completed within five months. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary.

Cost Estimate
As shown in Table 1, Cost Estimate , the estimated cost to complete the scope of work described in this pr oposal is $ 139,919. We recommend a 5 percent contingency fund to cover any unforeseen, out -of-scope work that might be necessary to prepare the Initial Study . The contingency fee would not be applied without prior approval from the City. The grand total with the contingency would be $146,915. The PlaceWorks team will complete this scope of work for a fixed fee not to exceed this amount. PlaceWorks bills for its work on a time -and-materials basis with monthly invoices.

The proposed cost in Table 1 does not include the optional tasks:
» Cultural Resources Inventory and Evaluation (see Task 2.2.c) » Additional Transportation Services (see Task 2.2.f):
• Cumulative traffic forecasts
• Level of service (LOS) analysis or peer review of LOS analysis • Quantitative VMT analysis using the C/CAG travel model • Impact analysis for construction, VMT, safety hazards, or vehicle parking • Additional rounds of formal review and comments on site plan design changes • Additional rounds of revision for the technical memorandum • Transportation Demand Management (TDM) Plan

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Figure 1 Proposed Schedule

Responsible Party
week
1 week
2 week
3 week
4 week
1 week
2 week
3 week
4 week
1 week
2 week
3 week
4 week
1 week
2 week
3 week
4 week
1 week
2 week
3 week
4 Month 1 Month 2 Month 3 Month 4 Month 5
Task
CityIssue Notice to Proceed
Task 1. Project Initiation and Management
City/PlaceWorks1.1 Kick-off Meeting (virtual)
City/PlaceWorks
PlaceWorks1.3 Project Management (ongoing)

1.2 Check-in Meetings (ongoing)
City/PlaceWorks1.4 Project Description and Project Data Spreadsheet Task 2. Draft Initial Study
ECORP Consulting
PlaceWorks
ECORP Consulting
PlaceWorks/Fitzgerald
PlaceWorks
PlaceWorks
Fehr & Peers
PlaceWorks

2.2.b Cultural Resources

2.2.f Transportation

2.2.d Noise and Vibration

2.3 Administrative Draft Initial Study

2.1 Arborist Report Peer Review

2.2.a Air Quality/GHG/Energy

2.2.c Hydrology and Water Quality

2.2.e Shadow
City/PlaceWorks
Task 3. Final Initial Study

3. Final Initial Study
Task 4. CEQA Document Approach
City/PlaceWorks4. CEQA Document Approach
Key:

City
PlaceWorks
Subconsultant

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Table 1 Cost Estimate

Mena Miller Vermilion Park P arks Shields Lau Bush
El
Chammas
Gass
Garner Planners ECORP
Consulting
Fehr &
Peers
Cathy
Fitzgerald
Title A ssociate
Principal
A ssociate Principal Sr. As s ociate
II
A ssociate II Seni or
A ssociate II
A ssociate Seni or
Engi neer II
Seni or
Engi neer II
A ssociate II Planners
Role: Principal in
Charge
Project
Manager
Technical
Services
Manager
AQ/GHG AQ/GHG Noise Urban
Designer -
Shadow
Hydro/
Utilities
Geo and
Hazards
Geo and
Hazards
Noise &
General
CEQA
GIS/
Graphics
Technical
Editing/
WP
Hourly Rate: $270 $155 $275 $ 245 $180 $255 $200 $225 $235 $190 $150 $145 $160 T ASK 1. Project Initiation and Management

1.1 Ki ck-off Meeti ng 2 4 4 $1,760 0 0 0 $0 $1,760

1.2 Check-i n Meeti ngs 5 10 $2,900 0 0 0 $0 $2,900

1.3 Project Management 5 10 $2,900 0 0 0 $0 $2,900

1.4 Project Desc & Data Spreadsheet 4 8 4 2 12 4 $6,190 0 0 0 $0 $6,190 Task 1. Subtotal 16 32 0 4 0 2 0 0 0 0 16 4 0 $13,750 $0 $0 $0 $0 $13,750 TASK 2. Draft Initial Study

2.1 Arbori st Report Peer Revi ew 1 2 $580 3,500 0 0 $350 $4,430

2.2 Te chnical A nalysis 12 14 1 13 67 6 16 60 0 0 33 4 10 $46,290 6,500 32,035 3,000 $4,154 $91,979

2.3 A dm inistrative Draft Initial Study 12 20 4 22 40 $17,460 0 0 0 $0 $17,460 Task 2. Subtotal 31 36 1 13 67 6 16 60 4 22 73 4 10 $64,330 $10,000 $32,035 $3,000 $4,504 $113,869 TASK 3. Final Initial Study

3.1 Final Initial Study 6 10 2 4 1 1 4 2 4 22 $10,265 0 0 0 $0 $10,265 Task 3. Subtotal 6 10 0 2 4 1 1 4 2 4 22 0 0 $10,265 $0 $0 $0 $0 $10,265 TASK 4. CEQA Document Approach

4.1 CEQA Document Approach 4 6 $2,010 0 0 0 $0 $2,010
Task 4. Subtotal 4 6 0 0 0 0 0 0 0 0 0 0 0 $2,010 $0 $0 $0 $0 $2,010 Labor Hours Total 57 84 1 19 71 9 17 64 6 26 111 8 10
Labor Dollars Total $15,390 $13,020 $275 $4,655 $12,780 $2,295 $3,400 $14,400 $1,410 $4,940 $16,650 $1,160 $1,600 $90,355 $10,000 $32,035 $3,000 $139,894

REIMBURSABLE EXPENSES
Pl aceWorks Rei mbursabl e Expenses $25
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $25
GRAND TOTAL $139,919

PLACEWORKS
TOTAL
TASK
BUDGET
PLACE-
WORKS
TOTAL

SUBCONSULTANTS
Biological &
Cultural
Resources
Trans-
portation Utilities
10%
Subconsultant
Markup

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Acknowledgement
We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact me.

Respectfully submitted,
PlaceWorks

Alexis Mena
Associate Principal

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6.2 Attachment 2 - Task Order with Exhibit A

61 1

MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

ON- CALL ENVIRONMENTAL REVIEW AND CONSULTING SERVICES
This Agreement is made and entered into as of the 19 day of September, 2023 by and between the City of Foster City hereinafter called " CITY" and PlaceW orks hereinafter called " CONSULTANT".

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

WHEREAS, CITY desires to retain CONSULTANT to provide professional environmental review and consulting services on development applications and long- range projects and related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY will issue Task Orders to CONSULTANT ( in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT' s documentation of its qualifications, the CITY finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows :

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in each Task Order and Exhibit “ B,” Scope of Services, 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 B and each Task Order is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto , for changes in the Scope of Services or otherwise, upon the mutual written agreement of the said parties.

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Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. 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. Initial contract period shall be from September 19, 2023 and expires on September 19, 2028. Renewal shall be by mutual consent of CONSULTANT AND CITY as approved by the City Council Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY.
b) Notwithstanding the provisions of ( a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion.
c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten ( 10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage 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, upon thirty ( 30) days’ notice in writing, 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.

2. 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 “ C” 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 total DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

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amount identified in all Task Orders issue d by the City against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City. Invoices for amounts in excess of each Task Order 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’s Manager ( for contracts less than $ 50,000) or CITY Board ( 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. CITY agreed to pay CONSULTANT within 30 days of invoice receipt. 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 B and each Task Order.

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 B and each Task Order, 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.

CITY will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY to CONSULTANT under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT.

CITY has no responsibility or liability for payment of CONSULTANT’ s taxes or assessments.

CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $ 1,000. 00. Copies of the general prevailing rates DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

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of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
http:// www. dir.ca.gov/ OPRL/ DPreWageDetermination. htm].

CONSULTANT shall comply with the 8-hours per day/ 40 hours per week/ overtime/ working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be ce rtified and submitted as required by law, including Labor Code Sections 1771. 4 ( if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly.

CONSULTANT shall comply fully with Labor Code Section 1777. 5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $ 2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY’s Authorized Representative. The CITY will request proposals from the CONSULTANT for each Task Order when services are needed.

CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifte en ( 15) calendar days after CITY’s request. Such proposal 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. Upon the approval of the terms of the proposal by CITY’s Manager ( for contracts less than $ 50,000) or CITY Council ( for contracts $ 50,000 or more) by motion duly made and carried, the CITY' s Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit. 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.

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CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four ( 4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or rep resentation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement. Notwithstanding the foregoing, the CITY’s right to inspect, copy and audit shall not extend to the composition of the CONSULTANT' s rates and fees, percentage mark- ups or multipliers but shall apply only to their application to the applicable units.

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

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

CONSULTANT represents that it has reviewed Exhibit B 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 B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to CITY.

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CONSULTANT represents 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.

CITY shall furnish all information and technical data in CITY’s possession and not subject to the attorney- client privilege or some other privilege, under its possession and control and reasonably required for CONSULANT’ s proper performance of the Services prior to CONSULTANT’ s commencement of the Services and at such other times as CITY and CONSULTANT mutually agree. CONSULTANT is entitled to reasonably rely upon the accuracy and completeness of information and data provided by CITY.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, collectively (“ documents”), 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 B; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’ s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’ s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services in accordance with a mutually agreed upon schedule.

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11. Indemnity.
a) To the fullest extent allowed by law ( including without limitation California Civil Code Sections 2782 and 2782. 8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City, its officers, directors, officials, agents, employees, and volunteers ( collectively, Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury ( including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, ( including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) ( collectively “ Liabilities”), 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.

CONSULTANT’ s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.

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.
b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’ s services provided to CITY under this Agreement.
c) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY and the Indemnitees in the exact form and substance as those contained in this Agreement.

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d) CITY acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl ( PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’ s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’ s insurance. CITY shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances.

CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials.

CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’ s services and work with the work of CITY’s hazardous materials consultants.
e) Duty to Cooperate. CONSULTANT shall notify CITY immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement. Any additional services or work under this paragraph shall be compensated as Additional Services.

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 D, 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 D. 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.

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404- 2299
Attention: Thai- Chau Le
CONSULTANT: PlaceWorks, Inc._
3 MacArthur Place Suite 1100
Santa Ana, CA 92707
Attn: Randal W. Jackson

16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’ s firm, associates and employees as an inducement to enter into this Agreement.

CONSULTANT shall not assign or subcontract this Agreement without CITY’s express written consent. Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY’s prior written consent.

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.

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

22. Liability of CITY. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, 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 either party 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 equipme nt 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, DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

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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. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement. The restrictions on the use and disclosure of the confidential information shall not apply to information which ( a) was known to the CONSULTANT before receipt of same from the CITY; or ( b) becomes publicly known other than through the CONSULTANT; or ( c) is disclosed pursuant to the requirements of a governmental authority or judicial order, but only to the extent required to comply with the said requirements of the government authority or judicial order.

These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY hereunder.

24. 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.

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

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

CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney Legal Counsel

CONSULTANT
Dated:

Randal W. Jackson, President
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EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [ INSERT TASK No.]

TO MASTER ON- CALL ENVIRONMENTAL REVIEW AND CONSULTING SERVICES

AGREEMENT
This Task Order No. _______ (" Task Order") is made and entered into by and between the City of Foster City (“City”) and [______________________] (" Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled [______________________] Agreement"), by which the Consultant agreed to perform
services in
accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________( including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
By:___________________________ By: [______________________] Title: City Manager if < $ 50,000 Title: [_____________________] Mayor/ President if > $ 50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
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EXHIBIT B

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

FOR ON- CALL ENVIRONMENTAL REVIEW AND CONSULTING SERVICES

EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/ SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated September 18, 2023, by and between [______________________], 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.

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 ( IF APPLICABLE)

END OF EXHIBIT B
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EXHIBIT C

FEE SCHEDULE
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EXHIBIT D

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified 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 19 day of September, 2023, by and between PlaceWorks hereinafter referred to as " Consultant”, and City of Foster City, hereinafter referred to as " City", providing for professional services.

1. Consultant' s Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant' s acts, errors, or omissions in connection with the performance of Consultant' s obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City' s authorized insurance representative, insurance Tracking Services Inc. ( ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof and is authorized to bind the named underwriter( s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self- insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance ( specifically concerning the indemnity provisions of this Agreement with the City), Products- Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury ( including bodily injury and death), and Property Damage for liability arising out of Consultant' s performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products- Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($ 1,000, 000) each occurrence and two million dollars 2,000, 000) aggregate.

Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council/ Board members, officials, agents, officers, volunteers 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 Agre ement with coverage equal to the policy limits, which shall be at least one million dollars ($ 1,000, 000) each occurrence.

Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/ or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer' s liability insurance with limits of one million dollars ($ 1,000, 000) for bodily injury or disease.

Professional Liability Insurance
Professional Liability ( Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($ 2,000, 000) per claim and two million dollars ($ 2,000, 000) aggregate.

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

1.3 Claims- Made Basis Coverage
If any of the insurance coverages required under this Agreement is writ ten 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 of Foster 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 DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

6.2 Attachment 3 - Master Agreement PlaceWorks

78 18
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 po licy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self- insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.

3.4 For any claims related to the Agreement, the Consultant’ s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respe cts 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 cover age; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

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

Alternatively, City may purchase such required insurance coverage, and wi thout 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 aggre gate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

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

DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

6.2 Attachment 3 - Master Agreement PlaceWorks

79 19

ATTACHED

1. Insurance Coverage Form
DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

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80 20

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 ( 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 damagesand defenseof claims arising from: ( Check all that apply)
Insurer Policy
No.

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 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:

END OF EXHIBIT D
DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

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81 21

EXHIBIT E
COVID- 19 AMENDMENT/ ATTACHMENT
Consulting Agreement Form)
This COVID- 19 Amendment/ Attachment amends the Agreement between the City of Foster City hereinafter called " CITY” and PlaceWorks (“ Consultant”) dated 19 day of September, 2023.

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

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

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

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

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

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

3. Compliance with COVID- 19 Proclamations.

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

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

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

5. City Directed Suspension. The City may suspend Services due to COVID- 19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID -19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

6.2 Attachment 3 - Master Agreement PlaceWorks

82 22
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 costs attributable to COVID- 19, and which are not included in the schedule of values, only if the cost is an Unknown COVID - 19 Cost.

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. Consul tant 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.

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

CONSULTANT: CITY:

Signature Signature
Randal W. Jackson, President Jon Froomin, Mayor

END OF EXHIBIT E
DocuSign Envelope ID: 1AD33326- BA78- 4EB5- B238- FA55725C6AD0

6.2 Attachment 3 - Master Agreement PlaceWorks

83 DATE: May 19, 2025

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Jerrick Carandang, Associate Engineer
DEPARTMENT: Public Works Department
SUBJECT: CONSTRUCTION CONTRACT WITH SPEKTREN
ENGINEERING, INC. IN THE AMOUNT OF $135,867 FOR THE

CONSTRUCTION OF THE FOSTER CITY BOULEVARD MEDIAN
MODIFICATION PROJECT (CIP 301-635)

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

1. Authorizing the Mayor to execute an agreement with Spektren Engineering, Inc. (Spektren) in the amount of $135,867 for the construction of the Foster City Boulevard Median Modifications (CIP 301-635); and

2. Establishing a construction contingency for Spektren in the amount of $20,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount; and

3. Finding that the Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

EXECUTIVE SUMMARY

6.3 6.3 Staff Report

84 CIP 301-635 includes modifications to the median on Foster City Boulevard approaching Chess Drive and various pavement striping adjustments. BKF Engineers (BKF) are the Engineers of Record who developed construction documents for the project.

Three (3) bids for the construction of CIP 301-635 were received and opened on Wednesday, April 9, 2025, following an informal bid solicitation. The bid submitted by Spektren in the amount of $ 135,867 was determined to be the lowest responsible and responsive bid.

Construction is anticipated to start in June 2025 and is estimated to take one month to complete. Staff will provide day-to-day inspection and project management throughout the duration of the construction phase.

There are adequate funds in the project budget for CIP 301-635 to cover the cost of construction.

BACKGROUND
In 2009, the City commissioned a Multi-Project Traffic Analysis to assess the potential impacts associated with development projects in the City. The purpose of the study was to identify a comprehensive set of improvements that would address the individual and cumulative effects of additional traffic on the local and regional roadway network related to development. CIP 301-635 was developed to address one of the identified improvements in the Multi-Project Traffic Analysis, specifically – the lengthening of northbound left-turn lanes on Foster City Boulevard at Chess Drive to 650 feet.

ANALYSIS
Based on the estimated construction cost provided by BKF, bids were solicited through an informal bidding process. Bids for this project were opened on Wednesday, April 9, 2025, with the following results:

Name of Company Total Bid $ Over/(Under)
Engineer’s
Estimate
% Over/(Under)
Engineer’s
Estimate
Engineer’s Estimate $127,723.00 $ - - %
Spektren Engineering, Inc $135,867.00 $8,144.00 6.4%
FBD Vanguard Construction, Inc. $304,663.00 $176,940.00 139% Golden Bay Construction, Inc. $349,753.50 $222,030.50 174% Spektren submitted the lowest responsible and responsive bid, in the amount of $135,867. The bid amount is above the engineer’s estimate by $8,144.00 or 6.4%. Staff conducted an extensive evaluation of Spektren and found their previous experience to be satisfactory and in line with what staff expects for this project. Spektren has provided all the required documents and licenses.

6.3 6.3 Staff Report

85 Construction is anticipated to start in June 2025 and is anticipated to be completed by August 2025. City staff will perform the day-to-day inspections and project management of the project. BKF will provide construction support services during construction and produce record drawings post-construction.

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

FISCAL IMPACT
There are adequate funds in the project budget for construction. A construction contingency of $20,000 or approximately 15% of the total bid amount of $135,867 is requested to pay for any unforeseen conditions during construction. Any unused money, including contingency remaining in the project budget will be returned to the developers based on their pro-rata contribution or to the City CIP fund for use on future traffic/roadway improvement projects based on the terms of each developer’s Development Agreement.

Approved Current Budget Amount
Developer Funds $ 919,169
Current Expenditures
BKF Agreement $ 51,377
BKF Contingency $ 10,000
Miscellaneous Design Expenses $ 3,340 Anticipated Expenditures
Construction Bid submitted by Spektren $ 135,867 Construction Contingency (15%) $ 20,000 Total Anticipated Expenditures $ 220,584

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

6.3 6.3 Staff Report

86 ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Construction Agreement
Attachment 3 – Spektren Bid Submittal

6.3 6.3 Staff Report

87 3
3 4
7 RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY (1)

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO SKEPTREN ENGINEERING, INC. IN THE AMOUNT OF $135,867 FOR THE CONSTRUCTION OF THE FOSTER CITY BOULEVARD MEDIAN MODIFICATION PROJECT (CIP 301-635); (2) ESTABLISHING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $20,000; AND (3) FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

CITY OF FOSTER CITY
WHEREAS, the scope of the project includes median modifications on Foster City Boulevard outlined in the Multi-Project Traffic Analysis that consist of lengthening the northbound left-turn lanes on Foster City Boulevard at Chess Drive to 650 feet; and WHEREAS, based on the construction cost estimate, bids were solicited through an informal bid process; and
WHEREAS, out of three (3) bids received and opened on April 9, 2025, Spektren Engineering, Inc. submitted the lowest responsible and responsive bid in the amount of $135,867; and
WHEREAS, a project contingency in the amount of $20,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, City staff will perform construction management and inspection services throughout construction and closeout; and
WHEREAS, sufficient funding is available in the project budget for construction; and
WHEREAS, any unused funds remaining in the project budget shall be returned to the developers based on their pro-rata contributions or to the City CIP fund for use on future traffic/roadway improvement projects based on the terms of each developer’s Development Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Authorize the Mayor to execute an agreement with Spektren Engineering, Inc. in the amount of $135,867 for the construction of the Foster City Boulevard Median Project (CIP 301-635); and

6.3 Attachment 1 - Resolution

88 3
3 4
7 2. Approve a construction contingency in the amount of $20,000 with authorization given to the City Manager, or his designee, to execute contract change orders up to the contingency amount; and

3. Find that the Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreements with minor, non-substantive revisions may be approved by the Mayor and the City Council, and any other documents which may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

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

CONTRACT
FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS PROJECT, DATE: May 19, 2025 Construction Service Agreement
City of Foster City 00-5205 - 1

1. Identification of Contractor.

CONTRACTOR: Spektren Engineering, Inc.

LICENSE NO: 1134190

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

Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is
$135,867.00, to be paid as (check one): (1) ☐ lump sum; (2) ☒ lump sum with progress payments; (3) ☐ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $135,867.00. All payments (check one): ☒ shall ☐ shall not be subject to a five percent retention.

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

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

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

Substantial Completion Date: Within 30 calendar days of Commencement Date.

Final Completion Date: Within 14 calendar days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A.As liquidated damages for delay Contractor shall pay Owner Five Hundred Dollars ($500) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B.As liquidated damages for delay Contractor shall pay Owner Five Hundred Dollars ($500) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

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

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

4. Terms and Conditions.

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

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

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

Agreement number must appear on all invoices and correspondence.

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

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

By: _______________________________________
Stacy Jimenez, Mayor
APPROVED AS TO FORM:

By: ___________________________________
Benjamin Stock, City Attorney

CONTRACTOR
Name: ____________________________________
By: _______________________________________
(signature)
Its: Emiliano Villalobos Guzman___________
Title: President
By: _______________________________________
(signature)
Its: _______________________________________
Title:
1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes☐ No

6.3 Attachment 2 - Construction Agreement

90 Appendix A - Scope of Work
City of Foster City 00 5205 - 2
Appendix A to Contract

SCOPE OF WORK
Work includes but is not limited to the modification of existing median to improve traffic flow as called out in the contract documents for Foster City Boulevard. Work shall also include replacing existing pavement markings.
(End of Appendix A)

6.3 Attachment 2 - Construction Agreement

91 Appendix B to Contract

GENERAL CONDITIONS
Appendix B - General Conditions
City of Foster City 00 5205 - 3
ARTICLE 1 TERMS OF PERFORMANCE

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

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

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

ARTICLE 2 LEGAL AND MISCELLANEOUS

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

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

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

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

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

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

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

6.3 Attachment 2 - Construction Agreement

92 Appendix B to Contract

GENERAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 4
agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

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

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

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

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

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

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

2.09 Mandatory Contractor and Subcontractor Registration.

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

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

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

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

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

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

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

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

2.14 Claims.

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

6.3 Attachment 2 - Construction Agreement

93 Appendix B to Contract

GENERAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 5
B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

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

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

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

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

Force Majeure events include the following:

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

6.3 Attachment 2 - Construction Agreement

94 Appendix C to Contract

INSURANCE
Appendix C - Insurance
City of Foster City 00 5205 - 6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.3 Attachment 2 - Construction Agreement

95 Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND
Appendix D - Construction Performance Bond
City of Foster City 00 5205 - 7
KNOW ALL PERSONS BY THESE PRESENTS:

1.THAT WHEREAS, City of Foster City (Owner) has awarded to [Name of Contractor)____________________________, as Principal, a Purchase Order Agreement, dated the ___________ day of ___________, 202__ (Agreement), titled THE FOSTER CITY
BOULEVARD MEDIAN MODIFICATIONS PROJECT in the amount of $______________, which Agreement is by this reference made a part hereof, for the work described as follows:

2.The modification of existing median to extend left turn and replacing existing pavement markings.

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

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

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

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

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

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

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

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

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

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

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

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

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

6.3 Attachment 2 - Construction Agreement

96 Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Appendix E - Construction Labor and Material Payment Bond City of Foster City 00 5205 - 8
KNOW ALL PERSONS BY THESE PRESENTS:

12.THAT WHEREAS, City of Foster City (Owner) has awarded to (Name of Contractor) _________________, as Principal, a Construction Services Agreement, dated the ___________ day of ______________, 202__ (Agreement), titled THE FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS PROJECT located at
__________________________ in the amount of
$_____________________________, which Agreement is by this reference made a part hereof, for the work described as follows:

2. The modification of existing median to extend left turn and replacing existing pavement markings.

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

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

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

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

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

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

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

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

6.3 Attachment 2 - Construction Agreement

97 Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00 5205 - 9
PART 1 - GENERAL

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

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

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

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

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

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

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

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

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

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

1.3 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 9:00AM to 3:00PM, Monday through Friday, except as otherwise stipulated in the contract documents. Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.

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

C. City holidays are:

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

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98 Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 10

1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby.

Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.

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

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

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

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

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

1.5 CHANGES
A. General:

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

Work will be issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.

B. Increases or Decreases in Unit Price Quantities:

1. Increased or Decreased Quantities:

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99 Appendix F to Contract

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

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

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

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

C. Protest Procedure (Change Orders):

1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 12
shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

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

D. Extra Work:

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

E. REPORTING, INVOICING, AND PAYMENT

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

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

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

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

1.6 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the 6-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City personnel will be as shown in the currently adopted rate schedule, available at the Public Works office. There will be no charges for the inspection of overtime work ordered by the Engineer.

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

1.8 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.

B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations,

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SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 13
equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.

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

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

2. In case any dispute arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents.

Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.

1.9 INSPECTION BY CITY, QUALITY ASSURANCE BY CONTRACTOR, TESTING A. All materials furnished and work done under this contract will be subject to inspection.

The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer.

Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.

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

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

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

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SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
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1.11 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.

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

1.12 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.

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

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

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

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

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

B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only.

Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 15
the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.

Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10-year period from 2012 to 2021 is as follows:

Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 5 6 3 1 0 0 0 0 2 4 6

1.16 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.

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

1.18 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding final payment under this contract may have been made.

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

Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons

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SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 16
and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

B. Public Safety:

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

C. Engineer's Responsibility:

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

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

1.20 CONTRACTOR'S FINANCIAL OBLIGATION
The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.

1.21 PROTESTS - CONTRACT REQUIREMENTS
A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within fifteen (15) calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor.

Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.

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

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 17
additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.

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

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

Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

B. Materials and Facilities:

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

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

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

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

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 18
D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.

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

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

C. Coordinate all activities in and around repair locations.

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

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

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

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

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

The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.

B. Compliance with Jurisdictional Agency Requirements:

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

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

1.27 SATURDAY, SUNDAY, AND HOLIDAY WORK

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 19
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City holidays which are listed in Document 00800, Paragraph 1.04.

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

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

1.30 EMERGENCY WORK
A. During Working Hours:

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

B. Outside Working Hours:

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

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

The descending order of precedence shall be:

1. Permits and Agreements with Other Agencies

2. City Codes

3. Technical Specifications

4. Contract Requirements

5. Project Drawings

6. City Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 20

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

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

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

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

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

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

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

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

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

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

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

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

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Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 21
Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(1) (a) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(b) The claimant shall furnish reasonable documentation to support the claim, pursuant to Appendix B (General Conditions), Section 2.16. (c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 22
Section 20104.4 to mediate after litigation has been commenced. (e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

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

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

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

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

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 23

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

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

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

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

2. Government fees.

3. Licenses.

4. Certifications.

5. Business License from the City of Foster City.

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

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

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

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

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

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

1.40 Signage and Closures

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Appendix F to Contract

SUPPLEMENTAL CONDITIONS
Appendix F - Supplemental Conditions
City of Foster City 00-5205 - 24
Contractor shall be responsible for posting lane closure signs.

1.41 Schedule
Contractor shall complete the project in the allotted time period. Failure to do so will result in liquidated damages due to the lanes being utilized for left turns and freeway access. Contractors should not bid on the project if they do not have the availability to complete the work. Calendar days are anticipated to start on June 2, 2025.
* END OF DOCUMENT *

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113

Appendix G to Contract
COVID-19 Amendment/Attachment
Appendix G - COVID-19 Amendment/Attachment
City of Foster City 00 5205 - 25
This COVID-19 Amendment/Attachment amends the Agreement between ____________________(“City”) and ____________________________ (“Contractor”) dated ___________________________.

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

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

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

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

The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Contractor will be deemed to have knowledge of those requirements.

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

8. Monitoring and Reporting. City may require the Contractor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath.

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

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

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

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

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Appendix H to Contract
Technical Requirements
Appendix H - Technical Requirements
City of Foster City 00 5205 - 26

TECHNICAL REQUIREMENTS & SPECIFICATIONS
FOR

FOSTER CITY BOULEVARD MEDIAN MODIFICATIONS
CIP 301-635
AT

FOSTER CITY BOULEVARD BETWEEN CHESS DRIVE AND METRO CENTER BOULEVARD FOSTER CITY, CA 94404

CITY OF FOSTER CITY

PUBLIC WORKS DEPARTMENT
City of Foster City
Public Works Department
610 Foster City Boulevard
Foster City, California 94404

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Appendix H to Contract
Technical Requirements
Appendix H - Measurements and Payment
City of Foster City 01025- 1
DOCUMENT 01025

MEASUREMENT AND PAYMENT
PART 1--GENERAL

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

1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT

1.When estimated quantity for specific portion of Work is not indicated and/or Work is designated as lump sum, payment will be on a lump sum basis for Work satisfactorily completed in accordance with Contract Documents.

2.Payment for lump sum Work, or items of Work subject to a lump sum (e.g. without limitation, change order work), shall be made on the basis of satisfactory completion of such Work or work item, earned in progressive stages in accordance with the Contract Documents, up to but not exceeding the Contractor’s percentage completion of the Work or item.

1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT

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

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

1.04 (NOT USED)

1.05 PARTIAL PAYMENT FOR STORED MATERIALS

1.The Contractor shall receive no additional compensation for materials stored on site.

1.06 MEASUREMENT AND PAYMENT OF BID ITEMS
A.Item 13 Mobilization - The bid item for mobilization consists of preparatory work and operations including, but not limited to: those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings, and other operations which must be

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Appendix H to Contract
Technical Requirements
Appendix H - Measurements and Payment
City of Foster City 01025- 2
performed, including all construction facilities and temporary controls described in Section 01500; costs incurred prior to beginning work on the various contract items on the project site; and removal of all such items from the project site upon completion of the work. Bid amount for mobilization shall not exceed 5 percent of the bid schedule total base bid.

B.Descriptions of measurement and payment for all other bid items are identified within the associated technical specification for the work.

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

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

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

3.02 FINAL PAYMENT AND RETENTION
Upon Final Acceptance of the work, Owner shall execute and cause a Notice of Completion to be sent to Contractor and recorded with the San Mateo County Recorder.

Owner shall release Final Payment (including any withheld retentions) 35 days after the recording of the Notice of Completion or as soon as the Application for Final Payment is made, whichever is later.
* END OF DOCUMENT *

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Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 1
DOCUMENT 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL

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

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

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

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

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

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

B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

No internal combustion engine shall be operated on the project without said muffler.

C. The maximum noise level shall be 85 dBA.

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

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

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Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 2
C. Keep the job site in a neat and sanitary condition during the progress of the work.

Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.

3.04 DRAINAGE
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion.

Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.

3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required. The Contractor shall plan and perform the work in a manner, which will minimize the use of water.

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

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

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

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

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

3.08 FIELD OFFICE AND LAYDOWN AREAS

THE CONTRACTOR SHALL PROCURE ADDITIONAL SPACE FOR LAYDOWN OF MATERIALS, SPOILS AND EQUIPMENT AT THE CONTRACTOR’S OWN EXPENSE.

LOCATION OF SUCH ADDITIONAL SPACE SHALL BE SUBJECT TO APPROVAL OF THE CITY.

3.09 EXISTING UTILITIES LOCATION - U.S.A.

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Appendix H to Contract
Technical Requirements
Appendix H - Construction Facilities and Temporary Controls City of Foster City 01500- 3
The City of Foster City subscribes to the Underground Service Alert (U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800-227-2600 with ample advance time to allow the utility companies to respond. Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations. * END OF SECTION

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Temporary Hydrant Meter Application
City of Foster City 01500- 4
FISCAL YEAR 2025 / 2026

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT

DISTRICT TEMPORARY HYDRANT METER APPLICATION
APPLICANT: _____________________________________DATE: _____________________ COMPANY: _________________________________________PHONE: _________________ ADDRESS: __________________________________________________________________ ____________________________________________________________________________ EMAIL
ADDRESS___________________________________________________________________ CONTRACTOR’S LICENSE NO.: ________________ CLASS: ________ EXP.: ____________ FOSTER CITY BUSINESS LICENSE NO.: __________________________ EXP.: ___________ JOBSITE:
___________________________________________________________________________ METER CONNECTION LOCATION: ______________________________________________

NOTE THAT THE METER MAY NOT BE RELOCATED WITHOUT WRITTEN PERMISSION FROM THE DISTRICT.

PURPOSE OF SERVICE:
____________________________________________________________________________ ____________________________________________________________________________ Customer must provide a reading at the end of each calendar quarter (March 31, June 30, Sept 30, and Dec 31) by emailing: the reading, company name and meter number to [email protected]. ____ (initial) Meter must be returned to the District Corporation Yard (100 Lincoln Center Drive in Foster City, 650/286- 8140) within seven (7) calendar days of the date permit expires. ____ (initial) Failure to do so may result in forfeiture of all deposits. Charges will be assessed per the current adopted Master Fee Schedule. ____ (initial)
Applicant’s Signature:
____________________________________________________________ *************************************************************************************************************

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Temporary Hydrant Meter Application
City of Foster City 01500- 5

FOR CITY/DISTRICT USE ONLY
PERMIT EXPIRATION DATE (12 months from today)_______________ PERMIT FEE: Non-refundable $ 64.85 - WC
METER DEPOSIT: Balance refundable. Details on back. $ 1,557.00 - MD WATER DEPOSIT: Balance refundable. Details on back. $ 1,500.00 - WD TOTAL: (to be paid with application) $ 3,121.85
Application Approved: ___________________________ Date: _______________ (PWM Staff) Fee to SC S-23, Acct. 31-3470 Deposits to SC S-23, Acct. 31-2460 Monthly Charges to SC S-73, Acct. 31-3475 METER DEPOSIT REQUIRED: $1,557.00 Upon return of the hydrant meter in good condition, the contractor shall be entitled to refund of the following percentages of the meter deposit if returned within the following period from the issuance date of the meter:
1 month or less 90%
3 months or less 85%
6 months or less 80%
12 months or less 75%
Meter must be returned or renewed at the end of 12 months. Failure to do so will result in an additional reduction of deposit by 10% of the original amount per month or portion thereof. Should the meter be found to be defective or damaged upon testing, the cost of repairs (labor and material) shall be subtracted from the deposit. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WATER DEPOSIT REQUIRED: $1,500.00 Meter charge according to Master Fee Schedule for Fiscal Year 22/23 @ $ 303.92 shall be deducted from the water deposit each month. In addition, the water usage charge is as stated per Master Fee Schedule per unit (100 cubic feet or 748 gallons) for Fiscal Year 22/23 @ $ 6.21 per unit and shall be deducted from the deposit at the time incurred or when the meter is returned.

Date out Initial

METER SIZE: 3” ________ ________ Meter Number: ___________________________________

Checked out by: ____________________________ Date Returned/Checked by:
__________________________

PRINT NAME
Charge as follows (if not returned)
Other Accessories
Meter Wrench ________ ________ $60 _____________ ____________ Reducer, 2-1/2”x3/4” ________ ________ $40 _____________ ____________ Reducer, 2-1/2”x1-1/2” ________ ________ $35 _____________ ____________ Fire Hose, 6’ x 2-1/2” ________ ________ $140 _____________ ____________ Received by ________________________________________
Signature/Date

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Temporary Hydrant Meter Application
City of Foster City 01500- 6
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DATE

METER

READING

WATER

QUANTITY

COST OF

WATER USED

SERVICE
CHARGE
PER
MONTH

TOTAL

CHARGES

DEPOSIT

BALANCE
$_303.92
_______ __________ ___________ __________ ________ _________ $__________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ City of Foster City
Temporary Water Hydrant Rental Receipt

Date: ____________________________

Receipt No.: ____________

Received From: _____________________________________________________________________________________

THREE THOUSAND ONE HUNDRED TWENTY-ONE DOLLARS & EIGHTY-FIVE CENTS $3,121.85 Check No. ______________ BY; ______________________________________________ Send ORIGINAL to Finance; cc: Meter Binder, Applicant
**END OF SECTION**

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Appendix H to Contract
Technical Requirements
Appendix H - Traffic Control
City of Foster City 01570- 1
DOCUMENT 01570

TRAFFIC CONTROL

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

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

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

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

Provisions for alternative walkways would be required.

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

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

1. Foster City Boulevard 6. Beach Park Boulevard

2. East Hillsdale Boulevard 7. Metro Center Boulevard

3. East Third Avenue 8. Triton Drive

4. Edgewater Boulevard 9. Vintage Park Drive

5. Shell Boulevard 10. Chess Drive

NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction.

The date and time of parking restrictions shall be clearly posted on “No Parking” signs.

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Appendix H to Contract
Technical Requirements
Appendix H - Traffic Control
City of Foster City 01570- 2

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

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

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

3. Street parking may be restricted as necessary to facilitate construction activity.

Notify property owners of parking restrictions 48 hours in advance.

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

TRAFFIC CONTROL DEVICES

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

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

GENERAL

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

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

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

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Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 1
SECTION 02100

DEMOLITION, REMOVALS OR ABANDONMENTS
PART I – GENERAL

1.01 WORK INCLUDED
A. Demolition, removal, or abandonment of materials such as structures, asphalt concrete, concrete, curbs, walks, piping, poles, etc.

B. Dust alleviation and control.

C. Cleanup and disposal of demolished or removed materials.

1.02 QUALITY ASSURANCE
A. All demolition, removals and abandonments shall meet the requirements of the plans and specifications.

B. Use of explosives for demolition will not be permitted.

C. Backfill density testing shall be performed in accordance with Section 02200 “Earthwork”.

D. Contractor shall coordinate with the appropriate utility companies regarding proper demolition, removal or abandonment procedures required.

PART 2 – PRODUCTS

2.01 BACKFILL MATERIAL
Backfill material shall be as specified in Section 02200 “Earthwork”.

PART 3 – EXECUTION

3.01 LOCATION
The location of removals shall be as shown on the plans either by identifying specified items or by indicating an area within which demolition, removals and abandonments shall be accomplished.

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Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 2

3.02 SURFACE FACILITIES
A. Remove all obstructions including existing debris, asphalt concrete or concrete surfacing such as paving, curbs, gutters, etc. where so designated on the plans.

B. Removal of facilities on bridge deck or approach slab that expose underlying bridge deck or approach slab concrete shall include concrete refinishing to ensure a smooth and even finish on the structural concrete.

3.03 PAVEMENT REMOVALS
Where pavements are specified to be removed, the removal shall be to the original structural section subgrade.

3.04 DISPOSAL OF DEMOLISHED OR REMOVED MATERIALS
A. Removed pavements and other asphalt concrete and Portland cement concrete may be used as fill provided it is broken up to meet the size requirements for structural fill in Section 02200 “Earthwork” and is approved by the Geotechnical Engineer. The broken up, material shall be mixed with other native and/or imported fill subject to approval by the Geotechnical Engineer.

B. All other demolished or removed materials not acceptable for use as fill material shall become the property of the Contractor and shall be lawfully disposed of off the project site and out of the City of Foster City by the Contractor.

C. Holes resulting from the removal of underground obstructions extending below the proposed finish grade shall be cleared and backfilled with suitable material compacted to the requirements of Section 02200 “Earthwork.”

3.05 SALVAGE AND RE-USE EXISTING PAVERS
Pavers shall be carefully removed, protected while stored, and carefully transported for re-use so as to avoid damage. No damaged pavers shall be re-used and no additional compensation will be made to the Contractor for replacement of damaged pavers due to the mishandling of the Contractor.

3.06 MODIFY EXISTING IRRIGATION
A. Existing irrigation lines shall be capped at the project limits where there will be no landscaping to be irrigated. The Contractor shall notify the City when lines are to be capped so the City may make appropriate valve and system adjustments as needed.

B. Where landscaping remains and requires maintaining the existing impacted irrigation system, the Contractor shall relocate sprinkler heads and modify piping as needed to maintain a functioning irrigation system comparable to existing conditions.

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Appendix H to Contract
Technical Requirements
Appendix H - Demolition, Removal and Abandonments
City of Foster City 02100- 3

3.07 RELOCATE EXISTING WATER VALVE AND HYDRANT
Existing water valves, hydrants, and other underground metal fittings shall be removed and relocated with care given to the existing corrosion protection measures. Cathodic protection and linings and coatings shall be modified as needed and repaired as needed as a result of the relocation. Repairs shall meet the requirements noted in Section 16640 “Cathodic Protection System” and Section 09800 “Special Coatings.” Part 4 - MEASUREMENT AND PAYMENT

4.01 REMOVAL OF EXISITING CONCRETE CURB
Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material, and services required for saw cutting, removal, and disposal of the existing concrete curb as shown on the plans and specified herein.

4.02 REMOVAL OF EXISTING MEDIAN PAVERS
Shall be measured and paid for on a square footage basis, which includes, but is not limited to furnishing of all labor, material, and services required for removal, cleaning, surfacing of bridge surface, and disposal or salvage of the existing median pavers as shown on the plans and specified herein. City Engineer will determine whether pavers are to be salvaged or disposed of.

4.03 REMOVAL OF PAVEMENT STRIPING
Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.

4.04 REMOVAL OF PAVEMENT MARKINGS
Shall be measured and paid for on a square foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.

4.05 EROSION CONTROL
Shall be measured and paid for on a lump sum basis, which includes, but is not limited to the furnishing of all labor, materials, services required for the planning, transportation, installation, maintenance, adjustments, and removal of the temporary erosion and sediment controls as shown on the plans and specified herein. * END OF SECTION *

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Appendix H to Contract
Technical Requirements
Appendix H - Finish Subgrade Preparation and Treatment
City of Foster City 02230-1
SECTION 02230

FINISH SUBGRADE PREPARATION AND TREATMENT
PART 1 - GENERAL

1.01 WORK INCLUDED
A. Finish grading and subgrade preparation immediately prior to lime treatment or placing aggregate base. See Section 02200 “Earthwork” for excavation, structural fill placement and initial grading.

B. Application, mixing and compaction for lime treatment of subgrade soils.

C. Dust alleviation and control.

D. Cleanup and disposal of excess material.

E. The work shall include the provision of all materials, equipment and any apparatus not specifically mentioned herein or noted on the plans, but which are necessary to complete the work specified.

1.02 QUALITY ASSURANCE
A. All work shall conform to the appropriate portions of the Geotechnical Investigation Reports, these Specifications, and Section 19 of the Caltrans Standard Specifications.

B. Finish surface of the prepared subgrade shall not vary from that called for on the plans or detail drawings.

C. Percentage of compaction specified shall be the minimum acceptable as shown on the plans. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D1557.

1.02 GRADE TOLERANCE
A. Grade tolerance shall be such that the finish subgrade shall not vary more than 0.08- foot above or below the design grade.

PART 2 - PRODUCTS AND MATERIALS

2.01 MATERIAL USED FOR FILL
A. Where embankment or fill material is required to restore the previously constructed subgrade to its proper elevation, the material shall conform to that specified in Section 02200 “Earthwork”.

PART 3 - EXECUTION

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Appendix H to Contract
Technical Requirements
Appendix H - Finish Subgrade Preparation and Treatment
City of Foster City 02230-2

3.01 FINISH SUBGRADE PREPARATION
A. Upon completion of utility backfill the Contractor shall check all subgrade areas previously constructed under Section titled “Earthwork”. Areas not meeting the required finish grade shall be regraded, with fill material added and compacted as necessary, to restore proper subgrade elevations.

B. Contractor shall at all times maintain the project site in such condition as to readily drain, and to prevent standing water on the subgrade. Vehicular and equipment traffic shall be distributed across the prepared surface in such a manner as to prevent rutting by continual operation in one path. Contractor shall repair any damage to the prepared subgrade to meet the requirements of the plans and specifications.

C. Storage or stockpiling of heavy loads on the roadway subgrade will not be permitted.

Storage within the roadway right-of-way shall be only upon the approval of the City.

D.The Contractor shall be responsible for any failure of the soils which have been provided and placed or reworked and compacted and shall repair any damage to meet the requirements of the plans and specifications. Failures occurring in underlying native undisturbed soils or soils placed by others shall not be the responsibility of the Contractor.

E.Finished subgrade shall be subject to the approval of the City, and no subsequent material or improvement shall be placed thereon until approval for same has been obtained from the City.

3.02 PROOF ROLLING
A. After compaction, the subgrade shall be proof rolled to confirm that a non-yielding surface has been achieved. Yielding areas, if any, shall be mitigated. Mitigation could consist of over excavation, utilization of stabilization fabric, or chemical treatment.

Each case shall be addressed individually in the field by the Geotechnical Engineer. * END OF SECTION *

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Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-1
SECTION 02600

PAVEMENTS AND ASPHALT OVERLAYS
PART 1 - GENERAL

1.01 WORK INCLUDED
A. Furnishing, spreading and compacting base material.

B. Furnishing, spreading and compacting asphalt concrete pavement.

C. Furnishing and placing Geogrid materials.

D. Grinding existing pavement at conforms and for overlaying.

E. Providing prime coat and tack coat.

F. Dust alleviation and control.

G. Cleanup and disposal of debris.

H. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified.

1.02 WORK COVERED UNDER OTHER SECTIONS
For subgrade preparation see Section 02230 “Finish Subgrade Preparation and Treatment”.

1.03 QUALITY ASSURANCE
A. Codes and Standards

1. Aggregate base material shall conform to the applicable provisions of Section 26 of the Caltrans Standard Specifications and these specifications.

2. Asphalt concrete shall conform to the applicable provisions of Section 39 of the Caltrans Standard Specifications and these specifications.

B. Allowable Tolerances

1. Finish surface of the aggregate base courses shall not vary more than 0.05 feet from the grade established by the plans.

2. The cross section of the finished pavement shall be free of ridges and valleys and shall not vary more than 0.02 feet above or below the grade established by the plans.

3. Thickness of finished pavement section shall not be less than the planned thickness at any point in any layer.

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Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-2

4. Percentage of compaction specified shall be the minimum acceptable. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D2041.

C. Certificate of Materials

1. Provide the City with one (1) copy of a material certificate signed by material producer certifying that each material item complies with or exceeds the specified requirements, daily, for each type of material delivered.

2. Provide the City with one (1) copy of certified plant load out slips for each load of material delivered showing net weight of aggregate base, or asphalt concrete delivered to the job site, to be attached to the appropriate material certificate.

3. Copies of test reports for materials shall be provided to the City.

D. Mix Design
Before producing asphalt concrete, the Contractor shall submit, in writing to the City, a mix design for review and approval in accordance with Section 39of the Caltrans Standard Specifications.

E. All equipment used shall be submitted for approval twenty-four (24) hours prior to work.

1.04 JOB CONDITIONS
A. Aggregate base material shall not be placed until the subgrade has been approved by the City.

B. Contractor shall provide dust alleviation and control measures satisfactory to the City continuously during the course of work in accordance with Section 01500 “Construction Facilities and Temporary Controls.”
C. Prime or tack coat materials shall not be applied unless the ambient temperature is above 50ºF and has not been below 35ºF during the twelve (12) hours immediately prior to application. Prime or tack coats shall not be applied when the surface to be coated is wet or contains an excess of moisture.

D. Dense graded asphalt concrete shall not be applied unless the ambient temperature is above 50ºF and the base course has been approved by the City.

E. Fog seal coat shall not be required on new asphalt concrete.

PART 2 - PRODUCTS

2.01 AGGREGATE BASE

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Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-3
A. Aggregate base material shall be free from organic matter and other deleterious substance and shall conform to the material, grading and quality requirements shown under Section 26 of the Caltrans Standard Specifications for Class 2 aggregate base.

2.02 ASPHALT CONCRETE
A. Asphalt concrete shall conform to Section 39 of the Caltrans Standard Specifications.

B. Asphalt to be mixed with aggregate shall be steam-refined paving asphalt, grade AR- 4000, conforming to the requirements of Section 92of the Caltrans Standard Specifications.

C. Aggregate for asphalt concrete shall be Type A conforming to the requirements of Section 39-2.02 of the Caltrans Standard Specifications with the following special provisions:

1. Grading of combined aggregates for new asphalt concrete pavement, walkways, and overlays two (2) inches or more in thickness shall be 3/4-inch maximum size, medium grading.

2. Grading of combined aggregate for asphalt concrete pavement, walkways and overlays less than two (2) inches in thickness shall be 3/8-inch maximum size, medium grading.

D. Prime coat and paint binder (tack coat) shall conform to Section 39-2.01C(3)(b),

2.01C(f), 2.01C(3)(g) of the Caltrans Standard Specifications. Prime coat shall be liquid asphalt, grade MC-70, conforming to Section 92 of the Caltrans Standard Specifications. Paint binder shall be SS-1h asphalt emulsion conforming to Section 94-1.02B of the Caltrans Standard Specifications.

2.03 REINFORCING FABRIC FOR OVERLAYS
A. Reinforcing fabric for overlays shall conform to Section 96 of the Caltrans Standard Specifications.

PART 3 - EXECUTION

3.01 INSTALLATION
A. Subgrade Preparation: See Section 02230 “Finish Subgrade Preparation and Treatment.”
B. Aggregate Base

1. Base material shall be placed, spread and compacted in conformance with the applicable requirements of Section 26-1.03(D) and 1.03(E) of the Caltrans Standard Specifications.

2. Aggregate base material shall be compacted to 95% relative compaction in accordance with ASTM D1557.

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Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-4

3. Finished aggregate base material shall be the minimum depth shown on the plans and finished grade shall not vary more than 0.05 feet above or below the established grade.

C. Asphalt Concrete

1. Asphalt concrete shall be proportioned, mixed, placed, spread and compacted in conformance with the applicable requirements of Section 39of the Caltrans Standard Specifications with the following special provisions. a. In addition to the compaction requirements described in Section 39 of the Caltrans Standard Specifications, each layer of asphalt concrete (surface or base) shall be compacted to a density no less than 95 percent of that obtained in the laboratory according to ASTM Test Method D2041 (latest edition). b. Asphalt concrete for streets and parking areas shall be placed in layers. The top one and one-quarter (1-1/4) inch layer of all new roadways shall be the final wearing surface layer and shall not be placed until all utility installation work is complete and repairs or replacement of damaged or failed sections have been made. The City and Contractor shall mutually establish a point in time when the final wearing surface is applied. Placement of asphalt concrete prior to this final lift shall be in layers that shall not be less than one and one- half (1-1/2) inches nor more than three (3) inches in compacted thickness. c. Wearing surface course shall be placed by means of a self-propelled asphalt paving machine. Contractor shall place and compact all courses with equipment conforming to the requirements of Section 39-2.05A(3)(b) of the Caltrans Standard Specifications.
d. Where an asphalt concrete paved surface is to drain into an abutting Portland cement concrete gutter, the finish surface of the asphalt concrete wearing course shall be constructed to a height one-quarter (1/4) inch above the abutting edge of the gutter.
e. Existing manholes, lampholes, valve and monument covers, or other such structures in the line of the work shall be adjusted to grade with concrete collars or approved adjusting rings after completion of paving operations in accordance with Section 15of the Caltrans Standard Specifications. The concrete collar shall be circular and shall be covered with a minimum of two (2) inches of asphalt concrete to blend in with the adjacent surfacing.

Adjustment of covers shall begin within 7 calendar days after paving and be completed no later than 14 calendar days after the completion of the paving work. Liquidated Damages will begin to accrue per Section 00510 Paragraph

2.2 Liquidated Damages for work started later than that specified above.

2. Immediately prior to applying prime coat or tack coat (paint binder), the surface to be paved shall be cleaned of all loose material by means of powered brooms supplemented by hand brooms as required. Liquid asphalt prime coat shall then be applied to the aggregate base course in conformance with the requirements of Section 39-2.01B(10) of the Caltrans Standard Specifications. Prime coat shall be applied at the rate of 0.25 gallons per square yard unless otherwise allowed by the

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Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-5
City. After the liquid asphalt has penetrated the base course, any excess standing on the surface shall be absorbed with a suitable coating of clean sand.

3. Tack coat (paint binder) shall be applied to all vertical surfaces of existing pavement, curbs, gutters, catch basins, manhole frames, and construction joints in the surfacing; to the surface of all existing pavements to be resurfaced; and other surfaces designated by the City. Asphaltic paint binder shall be provided in sufficient quantity to produce a thin, uniform black, glossy coat of asphalt. Pools in unevenly distributed areas shall be redistributed by means of hand brooms.

Tack coat shall be applied in conformance with the applicable requirements of Section 39-2.01C(3)(f) of the Caltrans Standard Specifications.

3.02 PAVEMENT GRINDING
A. At conforms; existing pavement shall be ground down a minimum of 0.20’.

B. The Contractor is notified that the existing pavement fabric may be encountered in the areas to be ground.

A. For overlay, grind as necessary to allow a minimum overlay of three (3) inches to new elevations.

B. Where an asphalt concrete overlay is to be placed adjacent to existing pavement, concrete curbs, concrete gutters, or structures which are not to be raised, a key of asphalt concrete shall be removed using a mechanical grinding process. The dimensions of the removed wedge for longitudinal key cutting shall be 6’ wide and shall be at a depth of 0.2’ at the “conform” edge. Cutting equipment must be capable of removing the 6’ key in a single pass. The dimensions of the removed wedge for transverse key cutting shall be 20’ wide and shall be at a depth of 0.2’ at the “conform” edge. Removal by heater planning shall not be allowed. The Contractor shall protect all existing valve covers and other existing structures during the grinding operation.

E. The Contractor may use either a mechanical planer or a heater-planer which meets all the requirements of the Bay Area Pollution Control Board. Planer shall be a type that shall not burn or damage adjacent foliage. Contractor shall provide a Bay Area Air Quality Management District permit, authorization, or certification to the City prior to utilizing any heater - planer.

F. Contractor will be held responsible for any and all damage to trees, plants, and shrubs caused by the grinding operation and shall replace with new material or correct any damage.

G. The Contractor is notified that existing pavement fabric may be encountered in the areas to be ground.

H. The Contractor is notified that the existing yellow thermoplastic striping may contain lead. Contractor shall be responsible for the removal and legal disposal of the ground material necessitated by the work. Payment for this work shall be considered included in other items of work and no additional compensation shall be made.

I. Ground asphalt concrete shall be removed from the job site and lawfully disposed of off the project site immediately following the grinding operation.

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Appendix H to Contract
Technical Requirements
Appendix H - Pavements and Asphalt Overlays
City of Foster City 02600-6
J. Ground areas shall be overlaid within one week of grinding.

K. Areas that receive gutter or conform or full width cuts shall be resurfaced within Ten (10) calendar days from the time that the planning cuts are completed.

3.03 PAVEMENT REINFORCING FABRIC FOR OVERLAYS
A. Reinforcing Fabric shall be installed in accordance with Section 39-2.01C(3)(g) of the Caltrans Standard Specifications.

B. Fabric which may have become damaged by paving equipment shall be repaired or replaced as recommended by the fabric manufacturer prior to proceeding with the paving operation.

C. Install fabric with bonded side up.

D. At each utility cover which would be covered with fabric, the fabric shall be neatly cut around the cover to allow the cover to be raised to finish grade.

3.04 PAVEMENT SAWCUT
A. Where indicated on the plans or in these specifications, portions of existing pavements to be removed shall be sawcut to full depth.
* END OF SECTION *

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-1
SECTION 02800

STREET AND PARKING AREA SIGNING, MARKING & STRIPING
PART 1 - GENERAL

1.01 WORK INCLUDED
A. Cleaning and sweeping of streets before application of markings.

B. Application of traffic stripes and pavement markings.

C. Installation of traffic control signs.

D. Restoration of existing improvements.

E. Cleanup and removal of debris.

F. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are necessary to complete the work specified.

1.02 QUALITY ASSURANCE
A. Manufacturer’s certificates showing conformance with this specification shall be delivered to the City with each shipment of materials and equipment delivered to the job site.

B. Codes and Standards:

1. The standards, recommended methods and tests contained in the publications cited below shall determine the standards for the work to be done hereunder unless otherwise specifically designated on the plans. The Contractor shall keep a copy of each document on the job site for reference. a. The State of California Department of Transportation Maintenance Manual, July 2014 edition.
b. The State of California Manual on Uniform Traffic Control Devices, January 2014 edition, Revision 8 (January 11, 2024).
c. The regulations, standards, and tests of the State of California Materials and Research Division.
d. The State of California Department of Transportation’s Standard Plans and Standard Specifications, 2024 edition.

2. Pavement striping and markings shall be placed in the locations shown on the Plans and shall conform to the standards illustrated in the State of California Manual on Uniform Traffic Control Devices and Maintenance Manual.

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-2

3. Reference by manufacturers, brands or models is to establish type and quality of materials desired. Substitution of materials of equal quality may be permitted upon the prior written approval of the City.

1.03 JOB CONDITIONS
A. No striping shall be applied until pavement surfaces have been approved for marking by the City.

B. Concrete shall be thoroughly cured before application of striping or marking thereon.

No striping or marking shall be applied until concrete surfaces have been approved for marking by the City.

1.04 REMOVAL OF TRAFFIC STRIPES, PAVEMENT MARKERS AND PAVEMENT

MARKINGS
A.Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, the residue, including dust and water, shall be removed immediately after contact with the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation.

B. Where grinding is used for the removal of thermoplastic traffic stripes and pavement markings, the residue shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the pavement or to be left on the surface of the pavement.

C. Where permanent markings are to be removed by blast cleaning or by grinding, the area removed shall be approximately rectangular so that no imprint of the removed marking remains on the pavement.

D. Nothing in these special provisions shall relieve the Contractor from the Contractor’s responsibilities as provided in Section 7-1.04, “Public Safety,” of the Caltrans Standard Specifications.

E. Contractor will be responsible for repairing any damage to the pavement during removal of pavement markers. Damage to the pavement resulting from removal of pavement markers shall be considered as any depression more than ¼ inch deep.

1.05 REMOVAL OF ROADSIDE SIGNS
A.Existing roadside signposts (panel and post) at locations shown on the plans to be removed shall be removed and salvaged. Salvaged sign posts shall be delivered to the City.

B. Existing roadside signs shall not be removed until replacement or temporary signs have been installed or until existing signs are no longer required for the direction of public traffic.

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-3

1.06 RELOCATE ROADSIDE SIGN
A. Each roadside sign shall be installed at the new location on the same day said sign is removed from its original location.

PART 2 - PRODUCTS

2.01 TRAFFIC CONTROL SIGNS
A. Traffic control sign panels shall be of the type, shape, pattern designated and be of standard size unless noted on the detail drawings. Sign faces shall be of reflectorized porcelain enamel unless otherwise specified on the plans.

B. Posts for traffic control signs, unless designated to be mounted on traffic signal or electrolier standards, shall be a “Quick Punch” type sign post consisting of a 2-1/4” x 2-1/4” x 30” long galvanized base sleeve with a 2” square x 10’ long galvanized steel post. Acceptable suppliers are “Interstate Traffic Control”, (Burlingame, CA), “Unistrut” (San Leandro, CA) or approved equivalent.

2.02 ROADSIDE GUIDE SIGNS
A. Roadside signs shall conform to the appropriate provisions in Section 56-2 “Overhead Sign Structures” of the Caltrans Standard Specifications and these Technical Specifications.

2.03 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS A. Thermoplastic traffic stripes (traffic lines and parking stripes) and pavement markings (arrow and legends) shall conform to the provisions in Section 84-2, "Traffic Stripes and Pavement Markings," and 84-2.02B, "Thermoplastic," of the Caltrans Standard Specifications and these Technical Specifications.

B. State Specifications for thermoplastic material and glass beads may be obtained from the Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, (916) 739- 2400. The Contractor shall keep a copy of these Specifications at the job site for reference.

2.04 PAVEMENT MARKERS
A. Pavement markers shall conform to the provisions in Section 81-3, "Pavement Markers," of the Caltrans Standard Specifications and these Technical Specifications.

B. Reflective and non-reflective pavement markers shall be furnished and installed by the Contractor.

PART 3 – EXECUTION

3.01 TRAFFIC CONTROL SIGNS

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-4
A. Traffic control signs shall be installed in conformance with the applicable requirements of the State of California Department of Transportation Maintenance Manual and the details shown on the Plans.

B. Mounting hardware for traffic control signs shall conform to the applicable requirements and specifications contained in the Caltrans Standard Plans.

C. Concrete bases for traffic control sign posts shall be Class "B" Portland cement concrete of the shape and dimensions shown or called for on the Caltrans Standard Plans and detail drawings and conforming to the requirements of Section 03300 of these specifications.

D. Installation of roadside signs of the types and sizes and at the locations shown on the plans shall comply with the provisions of Section 56of the Caltrans Standard Specifications and these Technical Specifications.

E. After erection, damage to traffic sign faces shall be touched up or replaced.

3.02 ROADSIDE GUIDE SIGNS
A. Roadside signs shall be installed in accordance with Sections 56of the Caltrans Standard Specifications and these Technical Specifications.

B. Roadside signs shall be installed in accordance with Caltrans Standard Plan RS3.

3.03 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKERS A. Thermoplastic material shall be applied only to dry pavement surfaces and only when the pavement surface temperature is above 50°F.

B. Temporary “Cat-Tracks” shall be placed for all striping (including limit lines and crosswalks) no later than Seven (7) calendar days after the completion of the slurry seal or paving work. Liquidated Damages will begin to accrue per Section 00510 Paragraph 2.2 Liquidated Damages for work started later than that specified above.

After the “cat-tracks” are installed, the City shall be notified, and given at least 48 hours to inspect the “cat-tracks” prior to the installation of permanent striping and markings.

C. Permanent striping shall be started no later than Fourteen (14) calendar days from the completion of slurry seal work or overlay work. Liquidated Damages will begin to accrue per Section 00510 Paragraph 2.2 Liquidated Damages for work started later than that specified above.

D. A primer of the type recommended by the manufacturer of the thermoplastic material shall be applied to all asphaltic surfaces and to all Portland cement concrete surfaces.

The primer shall be applied immediately in advance of, but not concurrent with, the application of thermoplastic material. The primer shall be applied at the application rate recommended by the manufacturer and shall not be thinned.

E. Pre-heaters with vertical mixers having 360° rotation shall be used to preheat granular form material.

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-5
F. The thermoplastic material shall be applied by either spray or extrusion methods in a single uniform layer. The pavement surface to which thermoplastic material is applied shall be completely coated by the material and the voids of the pavement surface shall be filled.

G. Stencils shall be used when applying thermoplastic material for pavement markings.

Thermoplastic material for pavement markings shall be applied at a thickness of 0.100 to 0.150-inch. Glass beads shall be applied at a thickness of 0.100 to 0.150-inch.

Glass beads shall be applied immediately to the surface of the molten thermoplastic material at a rate of not less than 8 pounds per 100 square feet. The amount of glass bead applied shall be measured by stabbing the glass bead tank with a calibrated rod.

H. The portion of pavement surface which to thermoplastic is to be applied shall be free of dirt, grease, oil, moisture, loose or unsound layers, slurry seal material, paint and any other material which would adversely affect the bond of the thermoplastic material.

Cleaning shall be done by sandblast cleaning on all surfaces regardless of age or type.

I. All thermoplastic traffic striping and pavement markings shall be placed within 24 hours after the final asphalt rolling operation but only after the asphalt mat is cooler than 106º F.

J. All damage caused by the Contractor's operations, including damage to existing pavement markings and pavement markers by blast cleaning, shall be removed and replaced by the Contractor at the Contractor’s expense.

3.05 PAVEMENT MARKERS
A. The use of Rapid Set type epoxy adhesive shall be required to cement the markers to the pavement in Section 81-3.03C, “Epoxy Adhesive", of the Caltrans Standard Specifications.

B. All work necessary to establish satisfactory lines for markers shall be performed by the Contractor. No markers shall be installed until the surface has been approved by the City.

C. Advance spotting for the location of the pavement markers shall be performed by the Contractor. Installation of pavement markers shall not be commenced until the location and alignment of the advance spotting has been approved by the City Engineer.

3.06 RESTORATION OF EXISTING IMPROVEMENTS
A. Existing pavement, pavement markings or other improvements removed or damaged due to the installation of roadway markers or traffic control signs shall be replaced in kind at no additional cost to the Contract.

B. Existing landscaping or planting removed, damaged or disturbed due to the installation of roadway markers or traffic control signs may be repaired or replaced in kind.

3.07 FINISHING ROADWAY AND CLEANUP

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-6
A. Finishing roadway and cleanup shall conform to the provisions in Section 22, "Finishing Roadway," of the Caltrans Standard Specifications.

B. Upon completion of the installation of Roadway Markings and Accessories, Contractor shall thoroughly clean the work site of all waste, rubbish and construction debris of any nature.

C. Any surplus materials remaining upon completion of the work shall become the property of the Contractor unless otherwise specified herein or noted on the plans, and shall be removed from the work site by the Contractor and lawfully disposed of off the project site and out of the City of Foster City.

PART 4 – MEASUREMENT AND PAYMENT

4.01 TRAFFIC CONTROL
A. Shall be measured and paid for on a lump sum basis, which includes, but is not limited to the furnishing of all labor, materials, services, and equipment for mobilizing and identifying the project to the public and for safely controlling pedestrian and vehicular traffic during construction. Bid item shall include executing this project safely and in accordance to all applicable regulations, specifications specified herein, and costs associated with obtaining and/or complying with the terms of any required permits.

4.02 REMOVAL OF PAVEMENT STRIPING
B. Shall be measured and paid for on a linear foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.

4.03 REMOVAL OF PAVEMENT MARKINGS
C. Shall be measured and paid for on a square foot basis, which includes, but is not limited to furnishing of all labor, material and services required for the removal and disposal of pavement striping and markings as shown on the plans and specified herein.

4.04 NEW PAVEMENT STRIPING
D. Shall be measured and paid for by the linear foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all pavement striping in conformance with Specification Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.

4.05 NEW PAVEMENT MARKINGS (WORDS/ARROWS)
E. Shall be measured and paid for by the square foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all pavement markings in conformance with Specification

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Appendix H to Contract
Technical Requirements
Appendix H - Street and Parking Area Sigining, Marking and Striping City of Foster City
02800-7
Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.

4.06 NEW PAVEMENT MARKING – 12” WHITE
F. Shall be measured and paid for by the linear foot, which includes, but is not limited to furnishing of all labor, material, and services required for the proper, complete, and safe installation of all 12” pavement striping in conformance with Specification Section 02800, Caltrans Standard Plans, as shown on the plans and specified herein.

4.07 TRAFFIC SIGN RELOCATION
G. Shall be measured and paid for on a per unit basis, which includes, but is not limited to the furnishing of all labor, material, and services required to properly and safely complete all work related to the removal and installation of existing signage with new posts per Specification Section 02800, Caltrans Standard Plans, as shown on the plans, and specified herein.
* END OF SECTION *

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Notice to Proceed 00 5500 – 1
City of Foster City
SECTION 03300

PORTLAND CEMENT CONCRETE
PART 1 - GENERAL

1.01 WORK INCLUDED
A. Proportioning Portland Cement concrete.

B. Mixing, transporting and placing Portland Cement concrete.

C. Curing Portland Cement concrete.

D. Protecting Portland Cement concrete.

E. Forming Portland Cement concrete.

F. Reinforcing for Portland Cement concrete.

G. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified.

1.02 QUALITY ASSURANCE
A. Concrete shall be subject to quality assurance in accordance with Section 90 of the Caltrans Standard Specifications.

1. Slump tests: Have available, at job site, equipment required to perform slump tests. Make one slump test for each cylinder sample, from the same concrete batch.
a. Allowable maximum slump shall be 3 inches for slabs on grade and other work.

B. Certifications:

1. Concrete Mix Design: Have all concrete mixes described by a testing laboratory and approved by the City. Mixes shall conform to applicable building code requirements, regardless of other minimum requirements listed herein or on the drawings. Submit mixes for review and approval before use. Show proportions and specific gravities of cement, fine and coarse aggregate, and water and gradation of combined aggregates.

2. Provide City at the time of delivery with certificates of compliance signed by both Contractor and Supplier containing the following statements:
a. Materials contained comply with the requirements of the Plans and Specifications in all respects.

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Notice to Proceed 00 5500 – 1
City of Foster City
b. Proportioning and mixing is in compliance with the design mix and has been field tested in accordance with the requirements of the Caltrans Standard Specifications and produces the required compressive strength under like conditions.
c. Statement of type and amount of any admixtures.

3. Provide City at time of delivery with certified delivery ticket stating volume of concrete delivered and time of mixing, or time of load-out in case of transit mixers.

C. Work performed under this section shall conform to the applicable provisions of Section 40, 51, 73 and 90 of the Caltrans Standard Specification and these Technical Specifications.

1. Construction of Portland Cement Concrete roadway surface improvements (including curbs, gutters, medians, valley gutters) shall conform to the requirements of Section 73 of the Standard Specifications unless otherwise called for in these Specifications.

2. Construction of Portland Cement Concrete pavement shall be in accordance with Section 40 of the Caltrans Standard Specifications.

3. All other construction of Portland Cement Concrete items shall conform to the requirements of Section 51 of the Caltrans Standard Specifications unless otherwise called for in the plans.

1.04 JOB CONDITIONS
A. Any admixtures shall not be used except upon the prior written permission of the City and, if permitted, the concrete containing same will be subject to the same compliance testing as herein specified for the various classes of concrete.

B. Hand mixing of Portland Cement Concrete shall not be allowed except upon prior written approval of the City.

PART 2 - PRODUCTS

2.01 AGGREGATE FOR PORTLAND CEMENT CONCRETE
A. Aggregate for Portland Cement Concrete shall conform to the requirements of Section 90-1.02C(2) and C(3) of the Caltrans Standard Specifications.

B. Aggregate size and gradation for Portland Cement Concrete shall conform to the requirements set forth in the Technical Specification covering the intended use of the concrete. If not otherwise specified, aggregate size and gradation shall conform to the requirements of Section 90-1.02C(4) of the Caltrans Standard Specifications for one (1) inch maximum combined aggregates.

2.02 WATER FOR PORTLAND CEMENT CONCRETE

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Notice to Proceed 00 5500 – 1
City of Foster City
A. Water for mixing and curing concrete and for washing aggregates shall conform to the requirements of Section 90-1.02D of the Caltrans Standard Specifications.

2.03 CEMENT FOR PORTLAND CEMENT CONCRETE
A. Cement for Portland Cement Concrete to be placed in roadway surface improvements such as curbs, gutters, walks, valley gutters, driveways and surface pads or slabs and concrete pavement shall be "Type II Modified" cement conforming to the requirements of Section 90 - 1.02B of the Caltrans Standard Specifications.

B. Cement for Portland Cement Concrete to be placed in subsurface improvements or structures shall be “Type II Modified" cement conforming to the requirements above.

2.04 ACCESSORY MATERIALS
A. Materials for expansion joint filler, water stops, and other items required in the placement of Portland Cement concrete shall conform to the applicable requirements of Section 51 of the Caltrans Standard Specifications and Section 40 for Portland Cement Concrete Pavement unless otherwise specifically noted or called for on the plans.

B. Curing compound for use on exposed surfaces of Portland Cement concrete shall be "Non-Pigmented Curing Compound,” ASTM C-309, Type 1 conforming to the require- ments contained in Section 90-1.03B of the Caltrans Standard Specifications.

2.05 CONCRETE REINFORCEMENT
A. The material requirements for steel reinforcement of Portland Cement concrete shall comply with the provisions of Section 52 "Reinforcement" of the Caltrans Standard Specifications and these specifications.

2.06 SLIP DOWELS
A. Slip dowels, where noted or called for on the plans, shall be smooth billet-steel bars conforming to the requirements of ASTM Designation A615 for Grade 60 bars. Ends of bars inserted in new work shall be covered with a cardboard tube sealed with cork; no grease or oil will be used. Size and length of bars shall be as specified on the plans.

2.07 CLASSIFICATION OF PORTLAND CEMENT CONCRETE
A. Unless specified otherwise on the drawings all Portland Cement Concrete shall be Class A, except as follows:

1. Sign foundations shall be Class B.

2. PCC concrete for plugging abandoned piping shall be Class C.

Concrete is subject to quality assurance in accordance with 1.03A above.

MIN. CEMENT MIN. COMPRESSIVE STRENGTH
CLASS CONTENT/CY AT AGE 28 DAYS

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Notice to Proceed 00 5500 – 1
City of Foster City
Class "A" 564 pounds 3000 lbs/sq. inch
Class "B" 470 pounds 2500 lbs/sq. inch
Class "C" 376 pounds 2000 lbs/sq. inch
PART 3 - EXECUTION

3.01 FORMING
A. Portland Cement concrete shall be formed and placed in conformance with the provisions of the Caltrans Standard Specifications covering the intended use of the concrete.

1. Concrete for roadway surface improvements including curbs, gutters, sidewalks and driveway aprons shall have fixed forms in accordance with 1.03C through

1.03D, and Section 73-3 of the Caltrans Standard Specifications.

2. Construction of Portland Cement concrete pavement shall be constructed in accordance with Section 40 of the Caltrans Standard Specifications.

B. Any curb or curb and gutter, may be placed monolithically using an extrusion machine or slip-form paver provided the finish product meets all of the requirements in these specifications. All work shall conform to Section 73 of the Caltrans Standard Specifications.

3.02 JOINTS
A. Expansion joints and contraction joints shall be installed at locations shown on the plans.

B. Slip dowels shall be oriented at right angles to the expansion joint and shall be held firmly in place during the construction process by means of appropriate chairs.

C. If construction joints are used in curb, gutter, sidewalk or concrete pavement, #4 bars 12” long shall be installed at the same locations specified for slip dowels to provide load transfer across the joint.

3.03 CONNECTING TO EXISTING CONCRETE IMPROVEMENTS
A. Whenever new curb, gutter, or sidewalk is to connect to existing improvements to remain, sawcut to existing sound concrete at the nearest score line or expansion joint.

Drill and insert ½” diameter by 12” long dowels at 24” on center into existing improvements. Install pre-molded expansion joint filler at the matching joint.

3.04 FINISHING
A. Finishing of Minor Portland Cement concrete curbs, gutters and sidewalks shall conform to Section 73 of the Caltrans Standard Specifications.

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Notice to Proceed 00 5500 – 1
City of Foster City
B. Finishing of Portland Cement Concrete pavement shall conform to the applicable requirements of Section 40 of the Caltrans Standard Specifications.

PART 4 – MEASUREMENT AND PAYMENT

4.01 INSTALL NEW MEDIAN CURB
A. Shall be measured and paid for by the linear foot, which include, but is not limited to furnishing of all labor, material and services required to properly construct the concrete curb matching the existing bridge median curbs in conformance as shown on the plans, and as specified in Section 03300.
* END OF SECTION *

6.3 Attachment 2 - Construction Agreement

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6.3 Attachment 3 - Spektren Bid Submittal

149

6.3 Attachment 3 - Spektren Bid Submittal

150

6.3 Attachment 3 - Spektren Bid Submittal

151

9 3
0 DATE: May 19, 2025

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: STREET REHABILITATION AND PARK PATHWAY
RESTORATION PROJECT (2023-24) CIP 301-716 - NOTICE OF

COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by G. Bortolotto & Company, Inc. (Bortolotto) for the construction of CIP 301-716 Street Rehabilitation and Park Pathway Restoration Project (2023-24) and directing the City Clerk to file the Notice of Completion (NOC).

EXECUTIVE SUMMARY
CIP 301-716 consisted of street rehabilitation and pavement maintenance on E. 3rd Ave and Edgewater Blvd and paver restoration work on E. Hillsdale Blvd at Center Park Ln.

Work included the installation of new curb ramps in conformance with the Americans with Disabilities Act (ADA), signage, striping, and utility adjustments. The work has been completed in conformance with the contract documents by Bortolotto within the project budget.

Unused funds will be returned to the appropriate originating funds. It is recommended that the City Council accept the work and direct the City Clerk to file the NOC.

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9 3
0 BACKGROUND
At the April 15, 2024, meeting, the City Council adopted City Resolution No. 2024-26 approving the plans and specifications for CIP 301-716 and authorizing the call for bids.

City Resolution No. 2024-70 adopted on July 15, 2024, approved the execution of a construction contract with G. Bortolotto & Company, Inc. in the amount of $1,989,541.55 for CIP 301-716 and established a project contingency of $200,000.

Along with the construction contract, CSG Consultants (CSG) was awarded a contract for $198,940 with a contingency amount of $20,000. CSG assisted with inspection services, submittal review, material testing, and construction support throughout the project.

Construction began in September 2024 and was substantially completed in December 2024. Due to unsatisfactory work during the first installation, corrective work for the paver restoration scope was required. The corrective work was completed in March 2025. Day-to-day construction management and inspection services were performed by in-house staff and CSG. The contractor has completed all punch list items of work and the final invoice for the work was received in April 2025.

ANALYSIS
The scope of work for CIP301-716 consisted of:

Street Rehabilitation & Pavement Maintenance
•Edgewater Boulevard, south of Beach Park Boulevard to Baffin Street (digouts, grind and overlays, and slurry seal)
•East 3 rd Avenue, Western City limit to Bayside Towers (digouts, grind and overlays, and slurry seal)
Additional Roadway Improvements
•Rehabilitation of the pavers and bituminous layer at E. Hillsdale Boulevard and Center Park Lane intersection.
•Yield sign installation at Rectangular Rapid Flashing Beacon (RRFB) crosswalks on Beach Park Blvd, along the levee.

During the project, four (4) contract change orders were issued, resulting in a net credit of $121,826.02 to the City. Contract Change Orders #1, 2, and 3 (CCOs #1, 2, 3) addressed increases in quantities for items installed in the field that were higher than originally shown on the bid schedule. The additional increases were due to estimation adjustments and opportunities to provide additional rehabilitation that was not addressed during the design phase. CCO #1 funded additional linear footage of concrete curb and gutter, as well as increased square footage of 2.5-inch asphalt concrete grind and overlay of asphalt concrete. CCO #2 primarily funded additional concrete work and striping. Asphalt concrete work was also included in CCO#2 to

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9 3
0 repair a sinkhole that was encountered during paving operations. CCO #3 funded increases in striping quantities.

In addition to bid quantity adjustments, CCO #2 addressed corrections to the Levee and Bay Trail facilities, including the revision of pedestrian logo orientations and installation of additional striping to increase safety and awareness of path usage. The levee improvements were separately funded by the Levee Project Budget CIP 327-657.

The final CCO #4 funded the corrective work for the installation of the decorative pavers at the intersection on E. Hillsdale Blvd at Center Park Lane. Given the partial responsibility of the contractor and the unsuccessful initial installation, staff and the Construction Manager engaged in multiple rounds of negotiation with the contractor to reach a 50 percent cost reduction in reinstallation costs. Additionally, CCO #4 included adjustments to the quantities contained in the original contract to reflect work not performed or removed from the scope of the project. The quantities were modified based on existing field conditions and alternative design solutions to reduce project costs.

Given that Bortolotto has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the NOC.

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

FISCAL IMPACT
The following is the project expenditure summary:

Project Budget
CIP 301-716 $2,678,247.48
Construction Contract Expenses
Contract Agreement with G. Bortolotto & Company, Inc. $ 1,989,541.55 CCO #1 – Curb and Gutter Replacement and AC Grind/Overlay $ 13,427.00 CCO #2a – Concrete Work, Sinkhole Repair, and Striping $ 25,199.20 CCO #2b – Levee/Bay Trail Striping Improvements
(funded by CIP 327-657 – excluded from 716
Budget)
$ 11,865.00
CCO #3 – Thermoplastic Striping $ 7,291.00
CCO #4 – Paver Restoration and Quantity Adjustment for
Work Not Performed ($ 179,608.22)

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9 3
0 Total Construction Contract $ 1,867,715.53
Total Construction Contract – Excluding Levee Scope $ 1,855,850.53 Other Project Related Expenses
Consultant/Designer – BKF Engineers $ 144,451.75
Anticipated Invoice for Record Drawings $ 416.25 Construction Management Services – CSG Consultants
Advertisement/Miscellaneous Expenses

$ 145,151.00
$ 4,090.89
Total Other Project Related Expenses $ 294,109.89
Total Project Expenses to date $ 2,161,825.42
Total Project Expenses to date (excluding Levee Scope) $ 2,149,960.42 Project Budget Balance $ 528,287.06
The contract work has been completed and the NOC can now be filed. Tonight’s action will establish the official date of completion of the work performed by Bortolotto, formalizing the City’s acceptance of the contract work and allowing final payment to the contractor to be made. The project budget balance (unused funds) will be returned to the respective originating funds. Below are the original funding sources:
•$2,000,000 – Fund #102 – Measure “A”
•$678,247.48 – Fund #301 – General Fund – Developer Impact Fees The project budget balance is returned in the order of the least to the most restrictive funds. The unused funds will be used to fund future projects including this year’s pavement rehabilitation project.

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

Attachment 1 – Resolution
Attachment 2 – Notice of Completion

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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY G. BORTOLOTTO & COMPANY, INC. FOR CIP 301-716

STREET REHABILITATION PROJECT AND PARK PATHWAY RESTORATION PROEJCT (2023-2024) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; (CEQA STATUS: FOUND TO BE EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND 15301(C)-EXISTING FACILITIES)

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023-2024) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and G.

Bortolotto & Company, Inc. dated July 15, 2024; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

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

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify G. Bortolotto & Company, Inc. that the Construction Performance Bond No. ES00017980 from Everest National Insurance Company may be released one year following the recordation of the Notice of Completion; and

4. The City Clerk to release the Labor and Material Bond No. ES00017980 from Everest National Insurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

6.4 Attachment 1 - Resolution

156

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 May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

STACY JIMENEZ, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

157

NOTICE OF COMPLETION

STREET REHABILITATION PROJECT AND PARK PATHWAY RESTORATION PROJECT 2023-2024 (CIP 301-716)

CITY OF FOSTER CITY
NOTICE IS HEREBY GIVEN that G. Bortolotto & Company, Inc. entered into a contract dated the 15th day of July 2024 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California.

Said construction is known as CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023-2024) and consists of street rehabilitation, striping, signage, park pathway rehabilitation and concrete civil work.

That said work is located in the City of Foster City, situated in San Mateo County, California, and was completed on the 3rd day of March 2025.

That acceptance of said work was ordered by resolution of the City of Foster City adopted on the 19th day of May 2025.

That the name and bond number of the surety of the contractor's bond for Labor and Materials on said project is Everest National Insurance Company and Labor and Material Bond No. ES00017980.

That said work and improvements consisted of the furnishing of all labor, materials, tools, equipment, services, and incidentals required to undertake and complete CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (2023- 2024), all in accordance with the contract documents as required by the City of Foster City and more particularly described in the agreement approved by the City Council of the City of Foster City pursuant to City Resolution No. 2024-70 adopted on the 15th day of July 2024, subject to reservation of all City rights arising from the contract documents and further, any defective workmanship and/or materials not observed during construction being thereafter discovered and known to the City.

DATED: ______05/05/2025____ _______________________________________ Andrew Brozyna
Public Works Director
City of Foster City

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158

DATE: May 19, 2025

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager

FROM: Andrew Brozyna, Director of Public Works
Laura Galli, Engineering Manager
Ryan Marquez, Senior Engineer
DEPARTMENT: Public Works Department
SUBJECT: APPROVE CONTINGENCY AND BUDGET INCREASE FOR CIP 405-660 WATER TANKS AND FACILITIES IMPROVEMENT
PROJECT IN THE AMOUNT OF $75,000

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID), adopt the attached resolution (Attachment 1) authorizing:

1. An appropriation in the amount of $75,000 to the Water Tanks & Facilities Improvement Project (CIP 405-660) from the reserve balance in Water CIP Fund (405); and

2. An increase in construction contingency for CIP 405-660 in the amount of $75,000 with authorization given to the District Manager or his designee to execute contract change orders up to the contingency amount.

EXECUTIVE SUMMARY

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CIP 405-660 includes various needed maintenance and improvements on EMID’s water storage tanks and water booster pump station, and the installation of an automatic flushing device on Baffin Street to maintain water quality.

On November 6, 2023, the District Board adopted EMID Resolution No. 3748 approving a construction agreement with Manito Construction in the amount of $4,353,252 and established a contingency in the amount of $640,000 for CIP 405-660.

As construction progressed, five (5) contract change orders (CCOs) were executed for unforeseen out of scope items. During potholing for installing seismic joints on the discharge lines of the Water Booster Pump Station, it became apparent that a large change in scope is required. The project does not have enough contingency to cover the costs to address this work. While the change order and schedule are being finalized, staff is requesting additional project contingency to execute the change order and finish the project.

An additional $75,000 of budget and contingency authority is expected to be sufficient to cover the change order and provide a buffer in case unforeseen issues arise that require staff to authorize work swiftly. The installation of the seismic joints is anticipated to take approximately four weeks to install and is the last major portion of work for the project. With Board approval, construction is anticipated to be complete by mid-July 2025.

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

On November 6, 2023, the District Board adopted EMID Resolution No. 3748 approving a construction agreement with Manito Construction in the amount of $4,353,252 ($4,270,502 for CIP 660, and $82,750 for CIP 690), and established a contingency in the amount of $640,000. CIP 690 addresses some seismic improvements at the Lagoon Pump Station and was combined with CIP 660 as a time and cost saving measure.

Construction began in January 2024 and was expected to be completed in February 2025 but has been extended into July 2025. Four (4) CCOs #1, 2, 4, & 5 have been issued to date on CIP 660 totaling $324,981.23. One (1) CCO #3 has been issued to date on CIP 690 for a credit in the amount of $11,094.55.

Multiple unforeseen circumstances have arisen during construction over the last year that led to the five (5) contract change orders.

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1. CCO #1 included revisions to the fiber-reinforced polymer seismic upgrades at the Water Booster Pump Station, along with cost credits for relocating sampling cabinets closer to the roadway—reducing trenching—and for substituting the originally specified exterior coating system. Credit (-$13,996.00)

2. CCO #2 provided a credit for eliminating a sample line at Tank 4, and added scope to address extensive tank corrosion repairs encountered during prep work for new coating, and rerouted conduit around unforeseen underground obstructions. ($83,567.63)

3. CCO #3 (CIP 690) covered the costs for additional materials for two flexible expansion joints at the Lagoon Pump Station offset by a credit for removing unneeded flexible joints on the fuel lines. Credit (-$11,094.55)

4. CCO #4 addressed expanded corrosion repair efforts along the interior roofing system and rafters of Tank 3, added site paving, replaced the existing wood grating with custom fabricated aluminum grating at the Booster Pump Station, included installation of vortex breakers in all three tanks, and credited the removal of sump installations in Tanks 1 and 2. ($97,878.09)

5. CCO #5 addressed the remediation of oily water seeping from beneath the foundation of Tank 1, further patch welding corroded sections on Tank 3, drain modifications on Tanks 1 and 2, a design change to natural gas line flexible joints at the Water Booster Pump Station, additional coating for Tank 1, and expanded site paving to regrade the perimeter of Tanks 1 and 2 to ensure proper drainage. ($157,531.51)

ANALYSIS
The project currently has three (3) outstanding potential change orders (PCOs) estimated at $300,000-$330,000. Two of them—removal of a portion of the oil beneath Tank 1 and manway remediation on Tank 3—are anticipated to total approximately $28,000. The third involves the fabrication, coating/lining, and installation of custom pipe fittings to accommodate the installation of two 20-inch diameter flexible expansion joints. This PCO has substantial scope increase which includes additional deep trenching and shoring, large diameter specialty fabricated and installed steel pipe, and installation of flexible joints on the large diameter water lines. This PCO is still under negotiation, however it is estimated to range between $260-$290k. There is approximately $280,000 remaining in the project contingency. With the outstanding PCO’s, the project budget is short by approximately $40,000.

Additional contingency is required to cover the remaining PCOs to complete the project.

As is typical of underground work, actual conditions cannot be verified until excavation is complete, and installation of the piping is underway. Given the uncertainty associated with this critical and aging infrastructure, staff believe it is prudent to increase the contingency beyond what is currently estimated for the remaining three (3) PCOs.

Without this additional buffer, there is a risk of incurring delay charges if changes cannot be approved in a timely manner. Increased budget will come from the Water CIP reserve balance, which has sufficient balance to cover the increase.

6.5 6.5 Staff Report

161

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

FISCAL IMPACT
The table below includes the projected funding expenditures.

Item Amount
Approved Project Budget $ 5,800,000
Anticipated Expenditures
Professional Services Agreement – Consor (dba Murray
Smith) $ 798,686
Professional Design Services -- Contingency $ 40,000 Construction Contract – Manito $ 4,270,502 Executed Change Orders No. 1, 2, 4 & 5 $ 324,982 Project Budget Adjustment between CIPs $ 35,400 Estimated Potential Change Orders $ 318,000 Misc (programmer, printing, advertising, CEQA filing, etc.) $ 50,000 Total Expenditures $ 5,837,570
Budget Shortfall $ 37,570
Formal action will be an appropriation in the amount of $75,000 to the Water Tanks & Facilities Improvement Project (CIP 405-660) from the reserve balance in Water CIP Fund (405). The appropriation would cover the budget shortfall and provide additional contingency in the event any additional unforeseen conditions arise allowing staff to react quickly. The current fund balance for Water CIP Fund 405 is roughly $3 million, more than enough to accommodate this additional budget. The revised project contingency would be $715,000 (16.7% of the construction contract) and the new project budget would be $5,875,000.

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

Attachment 1 – EMID Resolution

6.5 6.5 Staff Report

162

3 3
6 8
RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING A CONTINGENCY AND BUDGET INCREASE IN THE AMOUNT OF $75,000 FOR CIP 405-660 WATER TANKS & FACILITIES IMPROVEMENT PROJECT FOR A TOTAL CONTINGENCY AMOUNT OF $715,000 (CEQA STATUS: EXEMPT FROM CEQA UNDER SECTION 15301(B)-EXISTING

FACILITIES)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHERAS, CIP 405-660 Water Tanks and Facilities Improvement Project addresses the needed maintenance and improvements for the water storage tanks and water booster pump station; and
WHEREAS, on July 17, 2023, the City Council/District Board adopted City Resolution No. 2023-79 and EMID Resolution No. 3738 approving the plans and specifications, and authorizing the Call for Bids for CIP 405-660 and CIP 301-690; and WHEREAS, on November 6, 2023, the District Board adopted EMID Resolution No. 3748 approving a construction agreement with Manito Construction, Inc. in the amount of $4,353,252, with $4,270,502 of that being for CIP 660 and established a contingency in the amount of $640,000; and
WHEREAS, there remains roughly $280,000 in contingency that is not sufficient to fund the remaining three potential change orders and any unforeseen conditions that may arise from work covered under additional piping and fittings to install the seismic joints on the two, twenty inch, discharge lines of the Water Booster Pump Station; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

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

1. An appropriation in the amount of $75,000 to the Water Tanks & Facilities Improvement Project (CIP 405-660) from the reserve balance in Water CIP Fund (405); and

6.5 Attachment 1 - EMID Resolution

163

3 3
6 8
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 May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.5 Attachment 1 - EMID Resolution

164

DATE: May 19, 2025

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: APPOINTMENT OF ONE MEMBER TO A FULL TERM FROM
JUNE 1, 2025 THROUGH MAY 31, 2029 ON THE PLANNING

COMMISSION

RECOMMENDATION
It is recommended that the City Council interview and by resolution, appoint one (1) member to a full term from June 1, 2025 through May 31, 2025 on the Planning Commission.

EXECUTIVE SUMMARY
The Planning Commission was established in 1972 and members are appointed by the City Council. The purpose of the Planning Commission is to consider the overall site and architectural development, and redevelopment of properties of all commercial, industrial, and residential districts in Foster City. The Planning Commission is subject to the provisions of Chapter 2.28 of the Foster City Municipal Code. The Commission meets on the first and third Thursday of each month.

The Planning Commission consists of five (5) members and one (1) seat is expiring on May 31, 2025. The new appointment will be for a member to a full 4-year term from June 1, 2025 through May 31, 2029.

A notice of vacancy to fill the full 4-year term on Planning Commission was advertised in the local newspaper, posted, and displayed on the City's website and FCTV posted

7.1 7.1 Staff Report

165

five (5) weeks. Four (4) residents submitted their application by the established deadline.

The following residents (listed in alphabetical order) submitted their applications:

1. Shankar Kenkre

2. Avi Hermosa Petel

3. Barry Salberg

4.Cindy Wang
All applicants have been invited to the May 19 City Council meeting for consideration of appointment by the City Council.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with this appointment.

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

Attachment 1 – Resolution
Attachment 2 – Press Release
Attachment 3 – Planning Commission Applications

7.1 7.1 Staff Report

166

RESOLUTION NO.

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

APPOINTING ONE MEMBER TO THE FOSTER CITY PLANNING COMMISSION TO A

FULL FOUR-YEAR TERM

CITY OF FOSTER CITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY, as follows:

WHEREAS, effective June 1, 2025, is hereby appointed to fill one new full term from June 1, 2025 to May 31, 2029 on the Foster City Planning Commission.

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 May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - Resolution

167

NEWS RELEASE
The City of Foster City
Priscilla Schaus, Public Information Officer
[email protected]; (650) 286-3250

FOR IMMEDIATE RELEASE
Press Release #032625-01
Serve Your Community – Join the Planning Commission
Contact: Priscilla Schaus, Communications Director/City Clerk, (650) 286-3250, [email protected]

Foster City, CA: March 26, 2025 – Want to make a positive impact in Foster City? Serving on a Commission is an opportunity for you to participate in local government and serve your community. The City of Foster City is currently accepting applications for the Planning Commission to fill one vacancy. Term information is as follows:
•Full, four-year term (June 1, 2025, through May 31, 2029). Meetings are held on the first and third Thursday of each month, and Study Sessions, if needed, are held on the first and third Tuesday of each month.

The Planning Commission consists of five Foster City residents. To be eligible to apply, a resident must be at least eighteen years old and must have continuously resided in the City for a period of at least three years immediately prior to submission of an application for appointment to the Planning Commission. Community involvement in Foster City, a license in architecture and relevant experience will be considered in evaluating applicants. Those interested are encouraged to attend a Planning Commission meeting prior to applying. Appointments are made by the City Council. Planning Commissioners are compensated $269 per month.

Applications for the Planning Commission will be accepted electronically via Netfile. Applicants are encouraged to sign up for an account and apply at https://netfile.com/bac/public/#/FOS/.

Under Chapter 2.28 of the Foster City Municipal Code, the Commission makes recommendations to the City Council regarding General Plan amendments, rezoning, zoning ordinance amendments, environmental review, and other matters related to land use and development in the City. The Commission also reviews and renders decisions on conditional use permits, major room additions,

7.1 Attachment 2 - Press Release

168

new home constructions, use permit modifications, and major development projects pursuant to the architectural and design review and subdivision sections of the Foster City Municipal Code.

Those interested are invited to submit applications by 5:00 p.m. by May 1, 2025. Applicants are required to attend the May 19, 2025, City Council meeting for an interview and consideration of official appointment. For more information or to download an application, visit www.fostercity.org/bc-pc. If an applicant elects to not submit using Netfile, applications can be submitted in person at City Hall, 610 Foster City Blvd., or via email to [email protected].

Please note that incomplete applications will not be accepted. ###

7.1 Attachment 2 - Press Release

169

1/3
Planning Commission Application
Personal Information
First Name
Shankar
Middle Name
G
Last Name
Kenkre
Street Address Apt, Suite #
City
Foster City
State
CA
Zip
94404
Email Cell Phone Home Phone
How long have you lived in Foster City?
33 years
Employment
What is your Occupation/Present Position?
Retired
Employer's Name
n/a
Employer's Address
n/a
Apt, Suite #
City
n/a
State
N/A
Zip
n/a
Length of Employment
n/a
Self Employment
Name and Description of Business
n/a
Address Apt, Suite #
E-Filed
04/21/2025
10:59:38
Filing ID:
10761

7.1 Attachment 3 - Planning Commission Applications

170

2/3
City State Zip
Phone Length of Ownership
Service
Have you ever served on a public board, committee, or commission? Yes
If yes, please explain
I am currently a planning commissioner for the city of Foster City Do you have any relatives employed in the city or serving in any official capacity? No
If yes, please give name(s) and relationship
Community Organizations or Activities
Community Organizations or Activities
Hearts for Humanity Five years ago, I co-
founded an initiative
to prepare hot, home-
cooked meals for the
homeless commmu
None 1/1/2020 - present
References
Kandy O'Mara Foster
City CA 94404
Project Manager
Shilpi Goel Foster
City CA 94404
Business Owner
George Zatulovsky Foster
City CA 94404
Retired
Objectives

7.1 Attachment 3 - Planning Commission Applications

171

3/3
Please state reasons and objectives for desiring to become a member of this committee/commission As someone who has called Foster City home for many years, I care deeply about our community’s growth and long-term well-being. Over the past three months, I’ve had the honor of serving on the Planning Commission, an experience that has given me a clearer understanding of its critical role in shaping the city’s future. In March 2025, I attended the Planning Commissioners Academy—a highly informative and inspiring experience. It expanded my knowledge of land use planning, CEQA regulations, state mandates, and best practices from across California. I came away energized and more determined to contribute not just locally, but also at the regional level.

The breadth of responsibilities and the opportunity to actively participate in shaping policies that directly affect our city initially drew me to the Commission. Urban development in Foster City must balance present needs with future priorities. Being part of this process through the Commission enables me to help guide our city’s evolution in a thoughtful, sustainable direction.

An aspect of this role I find especially meaningful is reviewing neighborhood and area- specific plans. Preserving the distinct character of each neighborhood while making room for inclusive and intentional growth is key to maintaining the city’s vibrancy and cohesion.

The work of the Planning Commission has a lasting impact, and I would be privileged to continue contributing in this capacity. With my longtime connection to Foster City, recent professional development, and strong commitment to civic service, I’m confident in my ability to support sound planning decisions that benefit both our community and the broader region.

Have you attended a meeting of the Committee/Commission you are applying to? Yes
If Yes, enter the date of the meeting you attended.
04/17/2025
Verification
Signature
Shankar Kenkre
Signature Date
04/21/2025

7.1 Attachment 3 - Planning Commission Applications

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1/3
Planning Commission Application
Personal Information
First Name
Avi Hermosa
Middle Name Last Name
Hermosa petel
Street Address Apt, Suite #
City
Foster City
State
CA
Zip
94404
Email Cell Phone Home Phone
How long have you lived in Foster City?
10 years
Employment
What is your Occupation/Present Position?
An Engineer
Employer's Name
n/a
Employer's Address
n/a
Apt, Suite #
City
n/a
State
N/A
Zip
n/a
Length of Employment
n/a
Self Employment
Name and Description of Business
Address Apt, Suite #
E-Filed
04/15/2025
00:56:23
Filing ID:
10758

7.1 Attachment 3 - Planning Commission Applications

173

7.1 Attachment 3 - Planning Commission Applications

174

3/3
I am interested in joining this committee because I’m passionate about making a positive impact in our community and want to be more involved in shaping decisions that affect our city. I believe that community engagement is essential for a city’s growth, and I’m eager to contribute ideas, listen to diverse perspectives, and help promote thoughtful, inclusive solutions.

My objective in joining this committee is to learn more about local government processes, collaborate with others who care about Foster City, and bring a fresh perspective to the table. I’m especially interested in planning commission, and I want to be part of efforts that enhance the quality of life for all residents.

Ultimately, I see this opportunity as a chance to grow as a civic-minded individual, while actively helping Foster City remain a vibrant, welcoming, and forward-thinking community.

Have you attended a meeting of the Committee/Commission you are applying to? I plan to attend a meeting before the interview
If Yes, enter the date of the meeting you attended.

Verification
Signature
Avi Hermosa Petel
Signature Date
04/15/2025

7.1 Attachment 3 - Planning Commission Applications

175

1/3
Planning Commission Application
Personal Information
First Name
Barry
Middle Name
Ronald
Last Name
Salberg
Street Address Apt, Suite #
City
Foster City
State
CA
Zip
94404
Email Cell Phone Home Phone
How long have you lived in Foster City?
49 years
Employment
What is your Occupation/Present Position?
freelance writer/editor
Employer's Name
current assignment is with Northern California Golf Association Employer's Address
3200 Lopez Road
Apt, Suite #
City
Pebble Beach
State
CA
Zip
93953
Length of Employment
over 15 years (random assignments)
Self Employment
Name and Description of Business
Barry Salberg Freelance Writer/Editor https://www.linkedin.com/in/barrysalberg/ Address Apt, Suite #
E-Filed
04/27/2025
12:42:21
Filing ID:
10763

7.1 Attachment 3 - Planning Commission Applications

176

2/3
City
Foster City
State
CA
Zip
94404
Phone Length of Ownership
over 20 years
Service
Have you ever served on a public board, committee, or commission? Yes
If yes, please explain
Do you have any relatives employed in the city or serving in any official capacity? No
If yes, please give name(s) and relationship
Community Organizations or Activities
Community Organizations or Activities
San Mateo County
Elections Office
supervised local
precint poll workers,
trained poll workers
Precinct Inspector;
Poll Worker Trainer
1998-2018
Care Advantage Care
Advantage workshop,
Heath Plan of San
Mateo,
invited workshop
panel memer
panel meember guest 2013
References
Angela Lau
(Foster City)
product manager,
Adobe
Sasha Graham c/o Allen Matkins (law)
San Francisco
Real Estate attorney
Neelam Maharaj c/o Floor&Decor
Burlingame
Operations Manager

7.1 Attachment 3 - Planning Commission Applications

177

3/3
Objectives
Please state reasons and objectives for desiring to become a member of this committee/commission While I am not an engineer, or land use professional, I am a long-time, continuous Foster City resident and apartment renter going back to October of 1975. As an apartment renter, I present a unique perspective, different voice, and previously unrepresented factor in the Planning Commission.

My undergraduate degree is in communications from UCLA, and I have a Master’s in Business Administration (MBA) from the University of Southern California. I have been formally trained in strategic planning, and am well-equipped to deal with many of the nuances and complexities involved in helping to shape the future of Foster City. My LinkedIn profile:
https://www.linkedin.com/in/barrysalberg/https://www.linkedin.com/in/barrysalberg/ for a more in-depth assessment of my relevant professional background, accomplishments, and skill-set.

I would also cite my long-time work tenure at the former (and now sadly vacant) Orchard Supply Hardware here in Foster City. Clearly, I have seen first-hand the dramatic changes in our city over these last 50 years, from population demographics, to infrastructure, industry, cost, traffic, and virtually everything else, as Jack Foster’s vision continues to come to fruition. I am also an occasional viewer of FCTV, noting with fascination at the mechanics and operational dynamics as I watch the City Council meetings, and now seek to play my own part in the process of city government.

I’m proud to be a resident here, where I offer unique insights, a genuine passion for the present and future of Foster City, and a legitimate, relevant skill-set. I could be an invaluable asset and genuine contributor as a member of the planning commission.

Have you attended a meeting of the Committee/Commission you are applying to? I plan to attend a meeting before the interview
If Yes, enter the date of the meeting you attended.

Verification
Signature
Barry Salberg
Signature Date
04/27/2025

7.1 Attachment 3 - Planning Commission Applications

178

1/3
Planning Commission Application
Personal Information
First Name
Cindy
Middle Name
Chao
Last Name
Wang
Street Address Apt, Suite #
City
Foster City
State
CA
Zip
94404
Email Cell Phone Home Phone
How long have you lived in Foster City?
21 years
Employment
What is your Occupation/Present Position?
Most recently served as a Management and Program Analyst (left 8/25/2024) Employer's Name
Small Business Administration
Employer's Address
(Telework)
Apt, Suite #
City
Washington
State
DC
Zip
20024
Length of Employment

4.5 years
Self Employment
Name and Description of Business
Phaenomena West Capital, A Private Investment Fund
Address Apt, Suite #
E-Filed
04/30/2025
16:25:35
Filing ID:
10768

7.1 Attachment 3 - Planning Commission Applications

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2/3
City
Foster City
State
CA
Zip
94404
Phone Length of Ownership
9 years
Service
Have you ever served on a public board, committee, or commission? Yes
If yes, please explain
I served a 3-year term in Audit Committee of Foster City from January 2020 to December 2022
Do you have any relatives employed in the city or serving in any official capacity? No
If yes, please give name(s) and relationship
Community Organizations or Activities
Community Organizations or Activities
Audit Committe, City
of Foster City
Review annual report
and advise the city
council on finance
related issues.

Chair, Vice Chair, and
member of Audit
Committe
Jan 2020 - Dec 2022
Aragon High School
Music Booster
Volunteer condination
for events and
concerts
Board Member 2016-2018
Haas Alumni Network
San Francisco
Chapter
Organize alumni
events and outreach.

Secretary of Board 2008-2010
References
Michael Zhong Evergreen, CA Venture Partner
Gang Xiong , Foster
City
Director, Oracle Corp.

7.1 Attachment 3 - Planning Commission Applications

180

3/3
Thomas Yap , San
Carlos
Fmr GM, Sun
Microsys
Objectives
Please state reasons and objectives for desiring to become a member of this committee/commission I have lived in Foster City since 2004 and raised my kid here. Foster City is a wonderful place for
working professionals, families, kids, and all residents because of its premium location, nice weather,
the award-wining unique landscape, parks, and our diverse community.

While my career spans from federal government, venture investments, investment banking, and software industry, I have always been active with schools and business communities. I also served in Audit Committee of City of Foster City for the 3-year term from 2020 to 2022 and really enjoyed working with the city government and serving as a citizen of the community. I learned a lot about the City's Finance related matters via regular meetings, special meetings, and special focused studies that we ordered.

My goal for serving the Planning Committee is to help analyzing pros and cons of various projects and
plans, work with the city council, listen to and bring community voices and ideas, and achieve a balance of growth and quality of life for residents of the city. I hope to have the opportunity to serve the city again with my time and skills and making our city an even better place to live.

Have you attended a meeting of the Committee/Commission you are applying to? Yes
If Yes, enter the date of the meeting you attended.
04/03/2025
Verification
Signature
CindyChaoWang
Signature Date
04/30/2025

7.1 Attachment 3 - Planning Commission Applications

181

Prepared Date 4/30/2025 City of Foster City, CA
Accounts Payable Check Register

Page 1 ends

Foster City City CouncilMay 19, 2025

Foster City City Council
May 19, 2025