Agenda packet — Foster City City Council, October 20, 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, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Approving an Agreement with a Plus Tree, Inc. For Routine Park Tree Maintenance Services: $50,000 FY 202526, $51,500 FY 202627, $53,045 FY 202728, with Two Optional OneYear Extensions Through June 30, 2030; Authorizing the City Manager to Execute the Agreement; and Finding the Approval of the Agreement Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) and Section 15304 (Class 4) a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Accepting the Work by MCK Services, Inc. For CIP 301722 Street Rehabilitation (20242025) and Directing the City Clerk to File the Notice of Completion (CEQA Status:

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of Agreements with CalWest Lighting & Signal Maintenance, Inc. in the Amount Not to Exceed $172,450 and Bear Electrical Solutions, LLC in an Amount Not to Exceed $100,000 for Traffic Signal & Lighting Maintenance (FY 2026/27 FY 2030/31); and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(B)(3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution

6.6. a) A Resolution of the City Council of the City of Foster City Approving Amendment 1 to the Task Order with Consor PMCM, Inc. (Consor) for Construction Management and Inspections Services for the Fuel Systems Improvements Project (CIP 301700) in the Amount of $114,640; a Supplemental Appropriation of $114,640 to (CIP 700) Account Number 301 09107004251; and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Amendment 1 to the Task Order with Consor PMCM, Inc. For Construction Management and Inspections Services for the Fuel Systems Improvements Project (CIP 301700) in the Amount of $114,640; a Supplemental Appropriation of $114,640 to Account Number 30109107004251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA Pursuant to CEQA Guidelines §15061(B) (3)
c) Staff Report
d) Adopt Resolutions

6.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Execution of Task Order 202503 with EKI Environment & Water, Inc. in the Amount of $69,900 to Develop the 2025 Urban Water Management Plan and Water Shortage Contingency Plan; Approving a Project Contingency in the Amount of $14,000 with Authority Given to the District Manager to Execute Contract Amendments Up to the Contingency Amount; and Finding the Approval Exempt from CEQA Pursuant to Section 15282 (v) of the CEQA Guidelines
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Equipment Prepurchase Package and Authorizing the Call for Bids for Seven (7) Emergency Generator Systems and Seven (7) Automatic Transfer Switches for the Emergency Generator Replacements Project (CIP 455705) and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15302 (Class 2)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

7.1. Joint Letter from City of Foster City and City of San Mateo to the San Mateo Foster City School District Regarding EBike Education Safety for Students a) Action – By Minute Order, Provide Policy Direction to Approve Letter

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

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

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. 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, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. 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, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. 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, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 20, 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 from San Mateo County Libraries on Fiscal Year 20242025 Annual Report

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 October 6, 2025

6.2. A Resolution of the City Council of the City of Foster City Updating the Policy Statement of the Citizens Sustainability Advisory Committee a) Staff Report
b) Adopt Resolution

Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Community Center Rebuild Project (CIP 301678) General Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on September 30, 2025, and ACH were processed on October 3, 2025 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 6, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 6, 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 Deputy City Clerk called the roll:

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Diane Pitman, Administrative Services Director; Matt Turturici, Fire Chief; Carisa Workman, Fire Marshal; Eric Macintosh, Deputy Fire Chief; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Cory Call, Police Chief; Rob Lasky, IT Manager; Daniella Falkowski, Social Media Assistant; Shuli Chen, Video Technician; and Katherine Estrada, Deputy City Clerk.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING THE WEEK OF OCTOBER 5-11, 2025 AS “FIRE PREVENTION WEEK.”
Mayor Jimenez presented the Proclamation Declaring the Week of October 5-11, 2025 as “Fire Prevention Week” to San Mateo Consolidated Fire Marshal Carisa Workman.

PUBLIC
Shawn Mooney addressed the City Council via email regarding Mariners Point.

6.1 4.1 Minutes

7 The following people addressed the City Council in person:

1. Moises Villeda, representing Nor Cal Carpenters Local Union 217, regarding proposed prequalification requirements for City projects; and

2. Chris Tapia, representing Nor Cal Carpenters Local Union 217, regarding proposed prequalification requirements for City projects.

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of September 15, 2025;

2. City Resolution No. 2025-76, “A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a One-Year Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $25,378.65 From the General Fund to Account 001-0630-421-4246;

3. City Resolution No. 2025-77, “A Resolution of the City Council of the City of Foster City Authorizing a Four-Year Contract with Axon Enterprise, Inc., in the Amount of $106,192.79 to Purchase and Implementation of Eleven Axon Fleet 3-In-Car Video Cameras and All Necessary Hardware, Software, Licenses, and Technical Support Services and Authorizing an Appropriation of $21,238.54 from the General Fund to Account No. 001-0620-421-4251”; and

4. City Resolution No. 2027-78, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute the Mosquito Abatement Services Agreement with the San Mateo County Mosquito and Vector Control District for FY 2025-2028 in an Amount Not to Exceed $55,000 Annually.”

RESOLUTIONS FOR ADOPTION

CLOSURE OF CITY HALL AND THE COMMUNITY CENTER BETWEEN THE DATES OF DECEMBER 26, 2025 THROUGH JANUARY 2, 2026 AND AUTHORIZING THE

CITY MANAGER TO CLOSE CITY HALL AND THE COMMUNITY CENTER EACH

YEAR GOING FORWARD FOR THE DAYS BETWEEN CHRISTMAS AND NEW YEAR’S. CITY RESOLUTION NO. 2025-79.

Administrative Services Director Pitman presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-79, “A Resolution of the City

6.1 4.1 Minutes

8 Council of the City of Foster City Approving the Closure of City Hall and the Community Center Between the Dates of December 26, 2025 Through January 2, 2026 and Authorizing the City Manager to Close City Hall and the Community Center Each Year Going Forward for the Days Between Christmas and New Year’s.” SUPPLEMENTAL APPROPRIATION OF $4,500,000 TO THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT (PEMHCA) SECTION 115 TRUST. CITY RESOLUTION NO. 2025-80. EMID RESOLUTION NO. 3821.

Finance Director Cruz presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Venkat, seconded by Councilmember/Director Niederhofer, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-80, “A Resolution of the City Council of the City of Foster City Authorizing a Supplemental Appropriation in the Internal Service Fund for PEMHCA Obligations (Fund 508) for $4,500,000 to Deposit into the Section 115 Trust,” and EMID Resolution No. 3821, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Supplemental Appropriation in the Internal Service Fund for PEMHCA Obligations (Fund 508) for $4,500,000 to Deposit into the Section 115 Trust.”

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

City/District Warrants of Demands were Processed and Issued on September 16, 2025, and ACH were processed on September 5, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

Councilmember/Director Venkat stated she attended the Commute.org Board meeting on September 18. On October 1, she attended the Youth Advisory Committee meeting and San Mateo County Leadership Council’s LEAD Local: Engage “Communicating with Impact” Workshop.

Councilmember/Director Niederhofer stated she attended the Child Care Town Hall hosted by San Mateo County Supervisors Speier and Gauthier on September 16. She shared that the last Child Care Town Hall will be held in Half Moon Bay on October 14.

On September 17, she attended the San Mateo Operational Area Emergency Services Organization (Emergency Services Council) meeting. On September 18 and October 2, she attended the Planning Commission meetings, where they discussed single and two- family objective design and development standards. She shared that the Community Development Department will host a webinar on October 7 at 12:00 p.m. for residents to

6.1 4.1 Minutes

9 learn more about the matter. On September 24, she attended the ribbon cutting ceremony for the upgrade and expansion of the San Mateo Water Treatment Plant (WWTP).

Councilmember/Director Sullivan stated he attended the Child Care Town Hall on September 16. On September 17, he attended the City Summer Employee Social event.

On September 25, he attended the City/County Association of Governments of San Mateo County (C/CAG) Bicycle and Pedestrian Advisory Committee meeting and the San Mateo Union High School District Board meeting.

Vice Mayor/Vice President Kiesel stated he attended the Rethink Waste Board meeting and the Bay Area Water Supply and Conservation Agency (BAWSCA) Board meeting on September 18.

Mayor/President Jimenez stated she attended the San Mateo County Child Care Partnership Council (CCPC) general meeting on September 15. On September 20, she attended San Mateo Consolidated Fire Department’s Community Emergency Response Team (CERT) graduation. On September 21, she attended the Community Bike Ride. On September 26, she attended the Foster City Chamber of Commerce State of the Peninsula. She requested to agendize a joint letter with the City of San Mateo to the San Mateo-Foster City School District regarding education on e-bike safety for students, and she received the support of Councilmember/Director Niederhofer and Vice Mayor/Vice President Kiesel.

CLOSED SESSION
Mayor Jimenez recessed the meeting into Closed Session for:

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential cases) (See Attached);

2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation Pursuant to Section 54956.9(d)(4) (One Potential Case); and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 7:11 p.m. and reconvened at 7:32 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 7:32 p.m.

6.1 4.1 Minutes

10 DATE: October 20, 2025

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

FROM: Sofia Mangalam, Community Development Director
Priscilla Schaus, Communications Director/City Clerk
Nori Jabba, Housing and Sustainability Manager
DEPARTMENT: Community Development
SUBJECT: AMENDED POLICY STATEMENT FOR CITIZENS

SUSTAINABILITY ADVISORY COMMITTEE

RECOMMENDATION
It is recommended that the City Council adopt a resolution updating the policy statement for the Citizens Sustainability Advisory Committee (Attachment 1) to incorporate the updated membership and meeting schedule.

EXECUTIVE SUMMARY

On August 4, 2025, the City Council approved an updated Policy Statement for the Citizens Sustainability Advisory Committee (Committee) (Attachment 2) to:
a) Align the Committee’s purpose with the current work and focus of the committee, b) Streamline recruitment procedures to improve efficiency and expand opportunities for members of the public to apply, and
c) Modify various clauses for improved clarity.

Additionally, the City Council requested that the Committee review and determine a specific meeting date and time to be included in the Policy Statement.

On August 18, 2025, the City Council approved Minute Order No. 2038 (Attachment 3) reducing the size of the Committee from ten (10) at-large members to seven (7) at-large members with a strong preference to have at least one of the seven members be a Youth

6.2 6.2 Staff Report

11 Member and to bring the item back to City Council for final approval through an amended policy statement at a later date.

On September 10, 2025, at the Regular Meeting of the Citizens Sustainability Advisory Committee, the Committee voted unanimously to maintain the current meeting day and time of the second Wednesday of each month at 6:30 pm in the Council Chambers Conference Room.

The attached Resolution and Exhibit A include edits to the Policy Statement from the City Council direction on August 4, 2025, and August 18, 2025.

BACKGROUND/ANALYSIS
The City of Foster City has five (5) citizens advisory committees, including the Audit Committee, the Citizens Sustainability Advisory Committee, the Parks and Recreation Committee, the Traffic Review Committee, and the Youth Advisory Committee.

The Citizens Sustainability Advisory Committee was formed May 2, 2022, as a nine (9)- member committee consisting of:
Five (5) Foster City Resident member seats; and
One (1) Foster City Resident youth member seat; and
Two (2) In-town Business member seats, comprised of
oOne (1) business member representing one of the City’s major employers; and
oOne (1) business member representing one of the City’s small businesses; and
One (1) Non-Profit member seat
On August 15, 2022, the City Council changed the committee size from nine (9) members to ten (10) members via City Resolution No. 2022-98 in August 2022 to permit two (2) youth members instead of one (1) youth member due to community interest.

As noted earlier that on August 4, 2025, the City Council approved an updated Policy Statement via City Resolution No. 2025-62 and requested that the Committee subsequently determine a specific meeting date and time and return to the City Council with an updated Policy Statement, as a member of the Committee submitted public comment requesting to change the date and time of the meetings.

On August 18, 2025, at which the City Council interviewed and appointed applicants to the Committee, the City Council also approved by Minute Order No. 2038 (Attachment 3) reducing the size of the Committee from ten (10) to seven (7) at-large members to align more with other citizens advisory committees and removed the specific seat assignments for two (2) business members, a nonprofit member, and two (2) youth members.

6.2 6.2 Staff Report

12 On September 9, 2025, the Committee voted unanimously (7-0-0) to maintain the current meeting day and time of the second Wednesday of each month at 6:30 pm in the Council Chambers Conference Room.

Staff is returning to the City Council for final approval of the Policy Statement with updates to the meeting date/time and membership.

Staff would like to note that this policy statement is unique compared to the other committees. No additional action is needed, unless the City Council wishes to amend the policy statement. The current Policy Statement reads as follows: “No member may serve more than three (3) consecutive terms. Members whose terms have expired may continue to serve on the Committee until a successor has been appointed.” Other committees have a term limit of two (2) terms, as per Foster City Municipal Code

2.36.050, and do not have members serve until a successor is appointed.

Recommended changes to the Policy Statement are outlined below:

Meetings
Meetings shall be held monthly on the second Wednesday of the month, at the Council Chambers Conference Room, 620 Foster City Blvd., Foster City, CA, 94404, at 6:30 PM.

Membership: 7 Committee Members
Seven (7) Foster City Resident members (with a strong preference to have at least one (1) of the seven (7) members be a Youth Member)
No other changes are recommended.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The proposed revisions have no fiscal impact.

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

Attachment 1 – Resolution with Exhibit A
Attachment 2 – City Resolution No. 2025-62 and Policy Statement Attachment 3 – Minute Order No. 2038

6.2 6.2 Staff Report

13 3
8 9
4 RESOLUTION NO. _____

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

THE POLICY STATEMENT OF THE CITIZENS SUSTAINABILITY ADVISORY

COMMITTEE

CITY OF FOSTER CITY
WHEREAS, the City Council established the Citizens Sustainability Advisory Committee and Policy Statement for the Committee in 2022 via City Resolution No. 2022- 46 and expanded the size of the Committee from nine (9) to 10 members via City Resolution No. 2022-98; and
WHEREAS, the Committee’s role and purpose was expanded via City Resolution No. 2025-62 to include assisting the City with implementation of the Climate Action Plan since the approval of the Plan in December 2024; and
WHEREAS, on August 4, 2025, the Policy Statement was amended to align the Committee’s purpose with the current work and focus of the committee, streamline recruitment procedures to improve efficiency and expand opportunities for members of the public to apply, and modify various clauses for improved clarity; and WHEREAS, the City Council also requested that the Committee determine a specific meeting day and time; and
WHEREAS, on August 18, 2025, the City Council reduced the committee size from ten (10) members to seven (7) at-large members (with a strong preference to have at least one of the seven members be a Youth Member), via Minute Order No. 2038, to align with the other citizen advisory committees; and
WHEREAS, members of the Citizens Sustainability Advisory Committee at their September 9, 2025 Regular Meeting voted to approve maintaining the current meeting day and time of the second Wednesday of each month at 6:30 PM in the Council Chambers Conference Room; and
WHEREAS, the policy statement has been updated to reflect the committee size of seven (7) at-large members and the meeting day and time of every second Wednesday of the month at 6:30pm.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the updated policy statement for the Citizens Sustainability Advisory Committee as outlined hereto and attached.

6.2 Attachment 1 - Resolution with Exhibit A

14 3
8 9
4 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution with Exhibit A

15 3
8 9
4 Policy Statement for Citizens Sustainability Advisory Committee Amended October 20, 2025
Statement of Purpose
The Citizens Sustainability Advisory Committee (CSAC) serves in an advisory capacity at the pleasure of the City Council. The Citizens Sustainability Advisory Committee shall (1) advise the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability; (2) research, review, and provide comments on proposed relevant city programs and initiatives; and (3) assist the City in implementing the Climate Action Plan and other sustainability-related City programs.

Membership: 7 committee members
Seven (7) Foster City Resident members (with a strong preference to have at least one of the seven members be a Youth Member)
CSAC members will be recruited with a combination of advertisement and invitation to apply.

Selection and Terms
Applicants shall be selected through an application and City Council selection process.

Each member shall serve a term of three (3) years, beginning on the date of the member's appointment by the City Council, unless the position is for a partial term. No member may serve more than three (3) consecutive terms. Members whose terms have expired may continue to serve on the Committee until a successor has been appointed.

The committee utilizes a staggered term structure with five (5) members being appointed on odd years.

City Council and Staff Liaisons
The City Council shall appoint a City Council liaison to the committee. The City Manager shall appoint a staff liaison to the committee.

Committee Organization and Procedures
The committee shall select a chair and vice-chair. The duties of the chair and vice-chair shall be as stated in the City Municipal Code for Advisory Committees. Committee procedures shall be conducted in accordance with Robert's Rules of Order and Chapter

2.36 of the City Municipal Code for Advisory Committees, including Ordinance 689, approved by the City Council on March 3, 2025.

Meetings
Meetings shall be held monthly on the second Wednesday of the month, at the Council Chambers Conference Room, 620 Foster City Blvd., Foster City, CA, 94404, at 6:30 PM.

Exhibit A

6.2 Attachment 1 - Resolution with Exhibit A

16 RESOLUTION NO. 2025- 62

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

THE POLICY STATEMENT OF CITIZENS SUSTAINABILITY ADVISORY COMMITTEE

CSAC) AND FIND THE REQUEST EXEMPT FROM THE CALIFORNIA

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

CITY OF FOSTER CITY
WHEREAS, the CSAC serves in an advisory capacity at the pleasure of the City Council and advises the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability; and
WHEREAS, the CSAC comprises 10 members; and
WHEREAS, staff is recommending updating the current policy statement for the Committee to a) align the Committee’s purpose with the current work and focus of the Committee, b) streamline recruitment procedures to improve efficiency and expand opportunities for members of the public to apply, and c) modify various clauses for improved clarity; and
WHEREAS, the Statement of the Purpose section is amended to add ‘assisting the City with the implementation of the CAP’ to the Committee’s Statement of Purpose and expanding it to other sustainability- related City programs; and WHEREAS, the Membership section is added to add definitions for each seat and to clarify that business and non- profit applicants do not need to be Foster City residents, but the organization they represent must have a Foster City location and only one representative of the organization may represent the organization for the term of the seat on the Committee; and
WHEREAS, the Membership section is further amended to require all applicants to apply through the City’s standard application process; and WHEREAS, the Meetings section is amended to clarify that meetings are held monthly, rather than “as needed”; and
WHEREAS, the adoption of this resolution is exempt from CEQA under the common sense exemption, as CEQA applies only to projects with the potential for significant environmental impacts. Since this activity has no such impact, it is not subject to CEQA per CEQA Guideline Section 15061( b)(3).

Docusign Envelope ID: 5400909F- 47AC- 4680- A518- 6DFA649D8095

6.2 Attachment 2 - City Resolution No. 2025-62

17 City Resolution No. 2025- 62
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the updated policy statement for the Citizens Sustainability Advisory Committee as outlined in Exhibit A hereto and attached.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 4th day of August 2025, by the following vote:

AYES: Councilmembers Kiesel, Niederhofer, Sullivan, Venkat, and Mayor Jimenez NOES: None
ABSENT: None
ABSTAIN: None

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
BY: KATHERINE ESTRADA, DEPUTY CITY CLERK
Docusign Envelope ID: 5400909F- 47AC- 4680- A518- 6DFA649D8095

6.2 Attachment 2 - City Resolution No. 2025-62

18 Policy Statement for Citizens Sustainability Advisory Committee Amended August 4, 2025
ExhibitA
Statement of Purpose
TheCitizensSustainability AdvisoryCommittee (CSAC) servesin an advisorycapacity at the pleasure of the City Council. TheCitizensSustainability AdvisoryCommittee shall (1) advisethe City Council on sustainability issuesfacing FosterCity regardingEnvironmental, Economic, or Social sustainability; (2) research, review, and providecomments on proposed relevantcity programsand initiatives; and (3) assist the City in implementing the Climate Action Planand other sustainability-related City programs.

Membership: 10 committee members
Five (5) FosterCity Residentmember seats (age18 or over); and Two (2) FosterCity Residentyouth member seats (highschool student under age18 at the time of appointment); and
Two (2) In-town Businessmember seats, comprised of:
o One (1) of the City’s major employers;
o One (1) businessmember representingone of the City’s small businesses; and
One (1) in-town Non-Prot member seat (501c3, 501c4, 501c6or Public Benet Corporation) with a FosterCity location
CSACmembers will be recruited with a combination of advertisement and invitation to apply. Businessand nonprot applicants do not needto be FosterCity residents, but the entity’s businessmust operatein FosterCity, and the entity must appoint one person to servethe term.

Note: In the eventthat no qualied applicant is availablefor a designatedcategory, the City Council reservesthe discretion to appoint a qualied applicant from another categoryto ll the vacancy, in order to ensurethe continued functioning of CSAC.

Selection and Terms
Applicants shall be selected through an application and City Council selection process.

Eachmember shall servea term of three (3) years, beginningon the date of the member's appointment by the City Council, unless the position is for a partial term. No member may servemore than three (3) consecutive terms. Memberswhoseterms haveexpiredmay continue to serveon the Committee until a successor has beenappointed. Thecommittee utilizes a staggeredterm structure with ve ( 5) members beingappointed on odd years.

City Council and Staff Liaisons
TheCity Council shall appoint a City Council liaison to the committee. TheCity Manager shall appoint a staff liaison to the committee.

Committee Organization and Procedures

6.2 Attachment 2 - City Resolution No. 2025-62

19 Policy Statement for Citizens Sustainability Advisory Committee Amended August 4, 2025
ExhibitA
Thecommittee shall select a chair and vice-chair. Theduties of the chair and vice-chair shall be as stated in the City Municipal Codefor AdvisoryCommittees. Committee proceduresshall be conducted in accordance with Robert's Rulesof Orderand Chapter

2.36 of the City Municipal Codefor AdvisoryCommittees, including Ordinance689, approvedby the City Council on March 3, 2025.

Meetings
Meetingsshall be held monthly on a date and time approvedby the Committee. Meetings shall be held at the Council ChambersConferenceRoom, 620FosterCity Blvd., Foster City, CA, 94404, at 6:30 PM.

6.2 Attachment 2 - City Resolution No. 2025-62

20 MINUTE ORDER
No. 2038

OFFICE OF THE CITY CLERK

FOSTER CITY, CALIFORNIA
Date: August 19, 2025
Attention: City Council/ EMID Board
Stefan Chatwin, City/ District Manager
Priscilla Schaus, Communications Director/ City Clerk
City Council/ EMID Board of Directors Meeting Date: August 18, 2025 Subject: Appointments to the Citizens Sustainability Advisory Committee ( CSAC) and Policy Direction Regarding Committee Membership
Motion by Mayor Jimenez, seconded by Councilmember Niederhofer, and carried unanimously, 5-0-0, IT WAS ORDERED to appoint Small Business Member Shilpi Goel to a new full term from September 1, 2025 to August 31, 2028 on the Citizens Sustainability Advisory Committee; and
Motion by Councilmember Sullivan, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, IT WAS ORDERED to appoint Resident Members Katherine Beglinger and John Estalilla to new full terms from September 1, 2025 to August 31, 2028 on the Citizens Sustainability Advisory Committee; and
By Consensus of the City Council, IT WAS ORDERED to provide policy direction to reduce the membership size of the Citizens Sustainability Advisory Committee to seven at-large members, with a strong preference to have at least one of the seven members be a Youth Member and to bring the item back to City Council for final approval through an amended policy statement at a later date.

CITY CLERK/ DISTRICT SECRETARY
Docusign Envelope ID: 87F90914- 52CE- 40FD- BA91- B33A0F9DBBD6

6.2 Attachment 3 - Minute Order No. 2038

21 DATE: October 20, 2025

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

FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Manager
DEPARTMENT: Parks and Recreation
SUBJECT: AGREEMENT WITH A PLUS TREE, INC. FOR ROUTINE PARK TREE MAINTENANCE SERVICES: $50,000 FY 2025-26, $51,500
FY 2026-27, $53,045 FY 2027-28, WITH TWO OPTIONAL ONE-
YEAR EXTENSIONS THROUGH JUNE 30, 2030

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving an agreement with A Plus Tree, Inc. in an amount not to exceed $50,000 in FY 2025-26, $51,500 in FY 2026-27, and $53,045 in FY 2027-28, for routine maintenance of City- owned trees from November 1, 2025 through June 30, 2028, with up to two optional one-year extensions through June 30, 2030; authorizing the City Manager to execute the Agreement; and finding the approval of the Agreement exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and section 15304(Class 4).

EXECUTIVE SUMMARY
To ensure the health of City trees and the safety of the public, Foster City relies on professional tree maintenance services to supplement in-house staff, particularly for large or high-risk trees that require specialized expertise and equipment. Annual routine tree maintenance consists of tree pruning, tree removal, stump grinding, and the clean- up and disposal of resulting debris. These services are necessary on certain species of City trees to maintain health and to ensure public safety. In addition, some trees require removal due to structural instability, disease, or the potential for damage to surrounding

6.3 6.3 Staff Report

22 infrastructure.

Funding in the amount of $50,000 is available in the FY 2025-26 budget in Account No. 001-0520-452-2451, Contractual Services, for this work. Adoption of the resolution will approve an agreement with A Plus Tree, Inc. for routine tree maintenance in amounts not to exceed $50,000 in FY 2025-26, $51,500 in FY 2026-27, and $53,045 in FY 2027- 28, with the option of up to two additional one-year extensions through June 30, 2030.

Services will be provided at the unit costs identified in the proposal, based on tree size and trunk diameter.

Fiscal Year Amount
FY 2025-26 $50,000
FY 2026-27 $51,500
FY 2027-28 $53,045
Total $154,545

BACKGROUND / ANALYSIS
Proactive tree maintenance is essential to reduce the risk of public injury, property damage, and infrastructure impacts. Foster City’s parks, medians, cul-de-sacs, and easements contain a wide variety of tree species, each with unique maintenance needs depending on their age, size, and structure.

The Parks Division employs ISA-certified arborists who continually monitor the health of City trees, identify disease or stability concerns, and recommend preventative maintenance. While City staff have the training and capacity to perform work on smaller trees, most of the trees within the City’s system range from 30 to 100 feet in height.

These larger trees require specialized equipment, crews, and expertise that extend beyond the scope of in-house operations.

For these reasons, Foster City has long relied on professional tree service contractors to supplement City staff. This approach ensures that large-scale and specialized work can be completed safely and efficiently, while allowing City crews to remain focused on daily maintenance responsibilities. The previous contract expired in June 2025, prompting the release of a new Request for Proposals (RFP). After review of the submitted bids, A Plus Tree, Inc. was determined to be the lowest responsible bidder and is recommended for award.

Three (3) proposals were received by the October 2, 2025 due date. The Request for Proposals required proposers to provide pricing for a number of services. Upon review, A Plus Tree Inc. was determined to have submitted the overall lowest cost responsible bid. Table 1 shows a summary of the total of all of the “per unit” prices and Attachment

6.3 6.3 Staff Report

23 3 show the proposals broken down by each service.

Table 1: Proposal Summary
Contractor Total per unit cost of all
proposal items
A Plus Tree Inc. $6,864.50
Community Tree Service LLC $8,350.00
New Image Landscape Company $13,520.00
The scope of work is defined in the Request for Proposals that has been incorporated into the Agreement. Adoption of the resolution will approve the agreement for routine tree maintenance up to $50,000 in Fiscal Year 2025-26, $51,500 in Fiscal Year 2026- 27, and $53,045 in Fiscal Year 2027-28, with optional extensions of up to two additional years through June 30, 2030. If the City exercises the option to extend the contract for any of the two additional years, the maximum amount for that year shall be $53,045.

California Environmental Quality Act
The approval of the Agreement with A Plus Tree Inc. for the routine maintenance of City-owned trees is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) Section 15061(b)(3), as the routine maintenance of City-owned trees does not have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Additionally, the approval of the Agreement with A Plus Tree Inc., for the routine maintenance of City-owned trees is categorically exempt pursuant to section 15304 of the CEQA Guidelines as the work will include minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees.

FISCAL IMPACT
Funding of $50,000 is available in the approved FY 2025-26 budget in Account No. 001-0520-452-2451, Contractual Services, for this work. Subsequent annual costs will be requested in future budget proposals subject to Council approval.

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

6.3 6.3 Staff Report

24 Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Proposal Summary by Service
Attachment 4 – Proposal from A Plus Tree Inc.

Attachment 5 – Request for Proposals

6.3 6.3 Staff Report

25 3
9 1
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AN AGREEMENT WITH A PLUS TREE, INC. FOR ROUTINE PARK TREE MAINTENANCE SERVICES: $50,000 FY 2025-26, $51,500 FY 2026-27, $53,045 FY 2027-28, WITH TWO OPTIONAL ONE-YEAR EXTENSIONS THROUGH JUNE 30, 2030; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND

FINDING THE APPROVAL OF THE AGREEMENT EXEMPT FROM REVIEW UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) AND SECTION 15304 (CLASS 4)

CITY OF FOSTER CITY
WHEREAS, annual routine maintenance keeps the City’s trees healthy and protects infrastructure and public safety; and
WHEREAS, some trees must be removed due to structural instability, potential damage to surrounding infrastructure, or disease; and
WHEREAS, funding of $50,000 is available in the FY 2025-26 budget for contractual services for routine tree maintenance, with programmed increases in subsequent fiscal years; and
WHEREAS, per unit costs were solicited through the issuance of a Request for Proposals for pruning, removal, and stump grinding services; and WHEREAS, A Plus Tree, Inc. submitted the lowest responsible and responsive proposal on a per unit basis for the required services; and WHEREAS, the contract term is November 1, 2025, through June 30, 2028, with the option to extend for up to two additional one-year terms through June 30, 2030.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby find the project exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 15061(b)(3), as the routine maintenance of City-owned trees does not have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Additionally, the approval is categorically exempt pursuant to section 15304 of the CEQA Guidelines as the work will include minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees.

BE IT FURTHER RESOLVED that the City Council approves the agreement for Park System Routine Tree Services with A Plus Tree, Inc. for the period of November 1,

6.3 Attachment 1 - Resolution

26 3
9 1
1 2025, through June 30, 2028, in the amounts of $50,000 in FY 2025-26, $51,500 in FY 2026-27, and $53,045 in FY 2027-28, with two optional one-year extensions through June 30, 2030, in the City’s sole discretion. The City Manager is authorized to execute the Agreement in a form approved by the City Attorney and any necessary amendments consistent with this Resolution.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

27 1
4899-1834-4048 v1
PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE,

REPAIR, OR LANDSCAPING
FOR

PARK SYSTEM ROUTINE TREE SERVICES

This Agreement is made and entered into as of the 20th day of October, 2025 by and between the City of Foster City hereinafter called "CITY" and A Plus Tree, Inc. hereinafter called "CONSULTANT".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall be as specified in Exhibit A, attached hereto and hereinafter incorporated by reference (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

6.3 Attachment 2 - Agreement

28 2
4899-1834-4048 v1
written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d ) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum $50,000.00 in Fiscal Year(“FY”) 2025-26, $51,500.00 in FY 2026-27, and $53,045.00 in FY 2027-28. Invoices for amounts in excess of $50,000 in FY 2025-26, $51,500 in FY 2026-27, and $53,045 in FY 2027-28, shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and

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

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

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

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

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

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

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

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

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

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

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

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

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

11. Prevailing Wage. CONSULTANT 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 Di rector 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].

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 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.

CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

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

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions,

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officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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

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

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

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

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

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

15. Non-Discrimination. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The

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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.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Frank Fanara

CONSULTANT: A Plus Tree, INC
6412 S 900 E #201
Murray, UT, 84107
(866)815-2525
Attention: Natasha Ducharme
Email Address: [email protected]

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

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

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

20. Governing Law. This Agreement shall be 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 expens es of litigation of the successful party.

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action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

22. Conflict of Interest . CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

23. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT , its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may

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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.

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

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

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

26. Entire Agreement . This Agreement, including Exhibit s A, B , C, and D 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: _________________________________ Stacy Jiminez , Mayor
(for contracts $50,000 or more)

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

A PLUS TREE, INC.

Dated:

Natasha Ducharme
Chief of Staff and Administration Officer

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EXHIBIT A

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

DELIVERABLES FOR

PARK SYSTEM ROUTINE TREE SERVICES

Scope of Work Overview:

Pruning, trimming, removing, chipping, stump grinding and haul off debris in City parks and medians , as requested by City staff. Total contract not to exceed $50,000 for Fiscal Year 2025-2026, $51,500 for FY 2026-2027, and $53,045 for FY 2027-2028of a three (3) year term ending on June 30, 2028. A Fiscal Year shall be from July 1st to June 30th. The contract term may be renewed after June 30, 2028, at the CITY’s sole discretion, for up to two (2) one-year (12 months) increments with a not to exceed amount of $53,045 for each increment.

New or unforeseen additional work outside the scope of work will be classified as extra work and will be performed only upon approval by the Parks Manager, unless a condition exists wherein it appears that there is danger of injury to persons or damage of property. In seeking extra work approval, Contractor shall delineate costs related to how much of the job shall be labor/supervision and materials/parts, if any.

Scope of Work Details:

PRUNING may consist of any or all of the following activities:

1) Pruning for Structure:

Structural pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment and ultimate size of branches and stems. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. It is used on large maturing trees to reduce certain defects and space main branches along one dominant trunk. This pruning type can be summed up in the phrase: subordinate or remove codominant stems. This practice can limit the failure potential of included branch attachments. The maximum diameter of reduction cuts will be specified. Structural pruning is also the foundation for the following pruning types.

2) Pruning to Raise:

Raising is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians and views. Live crown ratio should be no less than 66% w hen raising is completed and some structural pruning is considered by the City to be part of this pruning.

3) Pruning to Clean:

Crown Cleaning or cleaning out is the removal of dead, diseased, detached and broken branches ½” or larger. This type of pruning is done to reduce the risk of falling branches and to reduce the risk of decay spreading into the tree from dead or dying branc hes. Cleaning is the preferred pruning method for mature trees. Cleaning removes branches with cracks that may be prone to fail. Care must be used to avoid stripping branches of too foliage at the interior of the tree crown. This practice which is known as "lion tailing'' is unacceptable. The location and diameter of branches to be removed may be specified.

4) Pruning to Reduce:

Crown Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree. This is done to minimize risk of failure, to reduce height or spread, to clear vegetation form buildings, structures or utilities. Crown reductio n should be accomplished with reduction cuts, not heading cuts. While reducing a crown, tree workers should take precautions not to damage Bark or Cambium layer due to ripping.

5) Pruning to Restore:

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Crown Restoration is the selective removal of branches, sprouts and stubs from trees that have been previously topped, severely headed, lion tailed or otherwise damaged. One to three sprouts are selected for retention on trees with many sprouts originating at the tips of branches. Location and percentage of sprouts are specified must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar to avoid the onset of decay at cut sites.

6) Grid Pruning:

Grid Pruning consists of pruning 7 or more trees located at the same or at consecutive street addresses.

The term is used to reflect an economy of scale when pruning trees in one location and shall be reflected with bid pricing reduced from the single tree pruning bid price.

TREE REMOVAL consists of the removal of the above ground portion of a hardwood tree or palm tree.

STUMP REMOVAL consists of the removal of the tree root crown and tree roots to a depth of 18” or until roots are no longer encountered and distances of at least 24” from the outer circumference of the tree stump or until roots are no longer encountered.

General Specifications:

The Contractor shall comply with all general specifications standards described herein.

1) The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact USA at least 2 working days prior to stump grinding. The Contractor is hereby made aware that trees may be located adjacent to street lighting or other utilities that are within 12” of finished grade.

2) The Contractor shall notify the City Representative in writing of any condition that prevents the removal of a tree and /or its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root removal begins.

3) The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City for confirmation. The City may consult with an Arborist to confirm r emoval is necessary or appropriate Removal of trees without City confirmation shall result in the Contractor paying the cost of the tree replacement.

4) During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall pay for all damages and associated costs.

5) Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City beyond the unit price for the work being performed (e.g., the price for tree removal).

6) While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks as to create undue noise or shock impact related damages to public and/or private property.

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7) The Contractor shall be responsible for the repair of any private property including any irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged

8) Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day’s scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, debris or equipment be left on the street overnight.

The City Representative shall be the sole judge as to the adequacy of the cleanup.

9) Wood waste generated from tree removals shall be chipped. Diseased trees shall not be commingled with healthy trees in the creation of wood chips. The disease-free chips shall be dumped and spread in specified locations in the City at the direction of the City Representative. It is the responsibility of the Contractor to appropriately dispose of diseased trees. Wood and branches not suitable for chipping may be dumped at the City Green Waste disposal site. All tree branches produced because of the Contractor’s operations under the Contract will be reduced, reused, recycled, and/or transformed.

10) The Contractor shall NOT perform any work on non-City maintained trees without the direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners under this Agreement; all inquiries to this effect shall be forwarded to the City Representative.

11) The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of T ransportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract.

12) Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, houses and buildings along the line of work shal l be maintained unless otherwise approved by the City in advance. Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed.

13) All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL- OSHA. The Parks Manager reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work.

14) The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the Parks Manager.

The Contractor shall be fully responsible for any and all damage to City property, equipment, or other property on the public premises that result from the Contractor’s operations. This shall include, but not be limited to, the replacement, at Contractor’s expense, of shrubs, trees, vines, turf, groundcover or other landscape items that are lost due to contractor’s negligence

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Medians and Easements

1 Altair Median ("Triangle")
2 AM/PM "Wall"
3 Balclutha Drive
4 Beach Park "Wall" (Halsey/South Side)
5 Beach Park "Wal" (North Side)
6 Beach Park (Foster City Blvd to Edgewater)
7 Beach Park Blvd. (Ice Plant) -Quarterly or upon request 8 Bicentennial Bridge (Boxes and Clean up/either side)
9 Boat Park Bridge (Landscaped area across from)
10 Boat Park Bridge Sides (includes fence-line)
11 Bounty Drive (Under tower)
12 Caltrans Island
13 Catamaran Bridge Sides (includes easements)
14 Chess Drive
15 Dock Area (Port Royal)
16 East Third Ave
17 Edgewater (Beach Park Blvd. Pitcairn)
18 Edgewater (Pitcairn to Baffin)
19 Edgewater (Hillsdale North to City Limit)
20 Edgewater Blvd (Hillsdale to Beach Park)
21 Edgewater Wall (Port Royal to Monterey
22 Foster City (Balclutha to Polynesia)
23 Foster City (Bounty to Bridge)
24 Foster City (Bridge to Marlin)
25 Foster City (Fwy to Hillsdale)
26 Foster City (Hillsdale to Balclutha)
27 Foster City (Marlin to Beach Park Blvd)
28 Foster City (Polynesia to Bounty)
29 Foster City Blvd Bridge (opposite Marlin Cove/Both Sides) 30 Hillsdale "Wall"
31 Hillsdale Bridge Sides/Easement Twin to Rainbow
32 Hilldale (Altair to Twin Bridges)
33 Hillsdale (Bridge to Pilgrim)
34 Hillsdale East of Rainbow Bridge
35 Hillsdale (Edgewater to Alrair)
36 Hillsdale (Foster City Blvd to Shell Blvd)
37 Hillsdale (Pilgrim to Foster City Blvd)
38 Hillsdale (Shell to Edgewater)
39 Marsh Drive

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40 Metro Center Blvd
41 Pollux Court
42 Polynesia Drive
43 Port Royal Pedway (outboard/inboard to wood header and connecting pathways (4) 44 San Miguiel Ln Beach Rip Rap
45 Shell Blvd (Bounty to Beach Park Blvd)
46 Shell Blvd (Bounty to Hillsdale)
47 Shell Blvd (Hillsdale to Metro Center Blvd)
48 Taurus Drive
49 Vintage Drive
50 Pedway Access Points

Cul-De-Sac and Easements

Cul-De-Sacs:

Sunfish Court Mullet Court Bluefish Court
Shad Court Sandpiper Court Stilt Court
Puffin Court Killdeer Court Turnstone Court
Avocet Court Loon Court Curlew Court
Puffin Court Pelican Court Duck Court
Trysail Court Foresail Court Mainsail Court
Topsail Court Staysail Court Spinnaker Court
Trimaran Court Sloop Court Yawl Court
Ketch Court Challenge Court Eliza Court

Island Bridges:

Surfbird Isle Shearwater Isle
Sailfish Isle Shooting Star Isle
Flying Cloud Isle Dolphin Isle
Flying Mist Isle
Walkways:

Pilgrim Walkway Constitution Walkway
Ketch Park Walkways

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PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$50,000 in Fiscal Year 2025-26, $51,500 in Fiscal Year 2026-27, and $53,045 in Fiscal Year 2027-28.The foregoing amounts shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein. The contract term may be renewed after June 30, 2028, at the CITY’s sole discretion, for up to two (2) one-year (12 months) increments with a not to exceed amount of $53,045 for each increment.

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

Pursuant to section 3 of the Agreement.

3. TIMES OF PAYMENTS.

Pursuant to section 3 of the Agreement.

PROJECTS AND SCHEDULE

Contract Term:

a. Term. The initial term of the Agreement shall commence November 1, 2025 and expire on June 30, 2028.

b. Term Extensions. The contract term may be renewed at the CITY’s sole option for up to two (2) one-year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the Contractor in writing.

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

1. On completion of projects as Identified by City, The agreement authorizes expenditures of $50,000 in FY 2025-26, $51,500 in FY 2026-27, and $53,045 in FY 2027-28, for a total not-to-exceed amount of $154,545 over the initial three- year term.

2. Bid Item costs on per unit basis

Pruning and Disposal A Plus Tree Inc.
15-25 ft. $120.00
25-35 ft. $156.50
35-45 ft. $266.00
45 ft/greater $472.00
Total $1,014.50
Tree Removal/Disposal
15-25 ft. $324.50
25-35 ft. $649.00
35-45 ft. $1,479.50
45 ft/greater $2,024.00
Total $4,477.00
Stump Grinding/Disposal
12-20 Inches $135.00
20-40 Inches $238.00
40-60 Inches $375.00
60 inches or greater $625.00

6.3 Attachment 2 - Agreement

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EXHIBIT C

INSURANCE FORMS

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated October 20, 2025, by and between A Plus Tree Inc, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City 's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on t he 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 certi ficates 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 Comm ercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council members, officials, agents, officers, and employees”.

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4899-1834-4048 v1

☒ 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 Agreem ent with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by Californi a 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 insur ed against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

☒ Installation Floater

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

☒ Cyber Liability Insurance

Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting pe riod 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.

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City as Additional Insured

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

2. Insurance terms and conditions:

2.1 Cancellation of Insurance

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

2.2 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.

2.3 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.

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

2.5 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 cove rage; 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.

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

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

6.3 Attachment 2 - Agreement

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4899-1834-4048 v1

2.8 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.

ATTACHED

1. Insurance Coverage Form

6.3 Attachment 2 - Agreement

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

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

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

Professional Liability:

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

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

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

6.3 Attachment 2 - Agreement

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4899-1834-4048 v1

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.3 Attachment 2 - Agreement

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

This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and A Plus Tree Inc. (“Consultant”) dated October 20, 2025.

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

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

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

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

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

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

6.3 Attachment 2 - Agreement

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4899-1834-4048 v1

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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

[Signatures on Next Page]

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4899-1834-4048 v1

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.3 Attachment 2 - Agreement

54 Pruning and Disposal Community Tree Service, LLC
15-25 ft. $150.00
25-35 ft. $250.00
35-45 ft. $400.00
45 ft/greater $600.00
Total $1,400.00
15-25 ft. $350.00
25-35 ft. $700.00
35-45 ft. $1,250.00
45 ft/greater $2,300.00
Total $4,600.00
12-20 Inches $200.00
20-40 Inches $500.00
40-60 Inches $800.00
60 inches or greater $850.00
Total $2,350.00
Grand Total $8,350.00
New Image Landscape Company
$1,295.00
$500.00
$1,930.00
$1,745.00
$1,250.00
$4,500.00
$1,850.00
$1,450.00
$900.00
$300.00
$2,800.00
$7,725.00
$13,520.00
$175.00
$270.00
$350.00
$6,864.50
$135.00
$238.00
$375.00
$625.00
$1,373.00
City of Foster City Bid Results for Routine Tree Services 2025 Tree Removal/Disposal
Stump Grinding/Disposal
A Plus Tree Inc.
$120.00
$156.50
$266.00
$472.00
$1,014.50
$324.50
$649.00
$1,479.50
$2,024.00
$4,477.00

6.3 Attachment 3 - Proposal Summary by Service

55 Proposal Response Form

Fill out the form completely and submit by the due date.

Incomplete or late responses will not be considered.

SECTION 1: Contact Information

Business Name: ______________________________________________________________________ Contact Name: _______________________________________________________________________ Address:_____________________________________________________________________________ Phone #: ____________________________________________________________________________ Email: _______________________________________________________________________________

SECTION 2: Addenda

I acknowledge receipt of the following addenda:

Addenda Number Date

SECTION 3: Applicable Licenses and Certifications

SECTION 4: Proposal

Pruning/Disposal off site

Tree Height Proposed Cost
15-25 feet
25-35 feet
35-45 feet
45 feet or greater

Tree Removal/Disposal off site

Tree Height Proposed Cost
15-25 feet
25-35 feet
35-45 feet
45 feet or greater

A Plus Tree, LLC
Emily Spillett-Brownlie, Urban Forest Manager
400 Capitol Mall, Ste.900, Sacramento, CA 95814
707-373-8594
[email protected]
NA
NA
CSLB No.950315 exp. 3/31/2027
C-27, C-61/D49, B
ISA Accredited
$120.00
$156.50
$266.00
$472.00
$324.50
$649.00
$1479.50
$2024.00

6.3 Attachment 4 - Proposal from A Plus Tree Inc.

56 Stump Grinding/with disposal off site

Tree Diameter Proposed Cost
12-20 inches
20-40 inches
40-60 inches
60 inches or greater

Section 5: Contract

Please list exceptions to any of the terms of the agreement, including required insurance coverage.

SECTION 6: Submittal Instructions

Proposals are due by email to [email protected] no later than October 2, 2025 at 2:00 PM. There is no formal bid-opening. Proposers are responsible to ensure that submittals have been successfully transmitted and received.

By signing below I attest that the information contained in this proposal is true and correct.

SIGNATURE OF PERSON AUTHORIZED TO SIGN AGREEMENTS DATE

PRINT NAME AND TITLE

No exception are needed.

Emily Spillett-Brownlie, Urban Forest Manager
10/2/2025
$135.00
$238.00
$375.00
$625.00

6.3 Attachment 4 - Proposal from A Plus Tree Inc.

57 COUNTY OF SAN MATEO, CALIFORNIA

PARKS AND RECREATION DEPARTMENT

PARKS MAINTENANCE DIVISION

Request for Proposals:

PARK SYSTEM ROUTINE TREE SERVICES

Bids Due:

October 2, 2025 by 2:00 pm
by email to [email protected]

Questions about this RFP may be addressed to
Garrett Gotthardt, Parks Supervisor
650. 286-3549
[email protected]

6.3 Attachment 5 - Request for Proposals

58 CITY OF FOSTER CITY

REQUEST FOR PROPOSAL

PARK SYSTEM ROUTINE TREE SERVICES

Scope of Work Overview:

Pruning, trimming, removing, chipping, stump grinding and h aul off debris in City parks and medians. Total contract n ot to exceed $50,000 for year one, $51,500 for year two, and $53,045 for year three of a three (3) year term ending on June 30, 2028. The contract term may be renewed at the CITY’s sole discretion for up to two (2) one-year (12 months) increments with a not to exceed amount of $53,045 for each increment.

In seeking extra work approval, Contractor shall delineate costs related to how much of the job shall be labor/supervision and materials/parts, if any.

Scope of Work Details:

PRUNING may consist of any or all of the following activities:

1) Pruning for Structure:

2) Pruning to Raise:

Raising is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians and views. Live crown ratio should be no less than 66% when raising is completed and some structural pruning is considered by the City to be part of this pruning.

3) Pruning to Clean:

6.3 Attachment 5 - Request for Proposals

59 stripping branches of too foliage at the interior of the tree crown. This practice which is known as "lion tailing'' is unacceptable. The location and diameter of branches to be removed may be specified.

4) Pruning to Reduce:

Crown Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree. This is done to minimize risk of failure, to reduce height or spread, to clear vegetation form buildings, structures or utilities. Crown reduction should be accomplished with reduction cuts, not heading cuts. While reducing a crown, tree workers should take precautions not to damage Bark or Cambium layer due to ripping.

5) Pruning to Restore:

Crown Restoration is the selective removal of branches, sprouts and stubs from trees that have been previously topped, severely headed, lion tailed or otherwise damaged.

One to three sprouts are selected for retention on trees with many sprouts originating at the tips of branches. Location and percentage of sprouts are specified must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar to avoid the onset of decay at cut sites.

6) Grid Pruning:

Grid Pruning consists of pruning 7 or more trees located at the same or at consecutive street addresses. The term is used to reflect an economy of scale when pruning trees in one location and shall be reflected with bid pricing reduced from the single tree pruning bid price.

TREE REMOVAL consists of the removal of the above ground portion of a hardwood tree or palm tree.

General Specifications:

The Contractor shall comply with all general specifications standards described herein.

1) The Contractor shall be required to enter into an agreement with the City, a draft of which is included as an attachment to this Request for Proposals.

2) The price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein.

3) The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact USA at least 2 working days prior to stump grinding. The

6.3 Attachment 5 - Request for Proposals

60 Contractor is hereby made aware that trees may be located adjacent to street lighting or other utilities that are within 12” of finished grade.

4) The Contractor shall notify the City Representative in writing of any condition that prevents the removal of a tree and /or its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root removal begins.

5) The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City for confirmation. The City may consult with an Arborist to confirm removal is necessary or appropriate Removal of trees without City confirmation shall result in the Contractor paying the cost of the tree replacement.

6) During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall pay for all damages and associated costs.

7) Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall display current certification prior to operating a crane in the City.

The use of cranes and certified operators shall not result in additional charges to the City beyond the unit price for the work being performed (e.g., the price for t ree removal).

8) While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks as to create undue noise or shock impact related damages to public and/or private property.

9) The Contractor shall be responsible for the repair of any private property including any irrigation system components damaged during a tree removal or stump grinding.

Repairs shall be made using components matching those that were damaged

10) Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day’s scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, debris or equipment be left on the street overnight. The City Representative shall be the sole judge as to the adequacy of the cleanup.

6.3 Attachment 5 - Request for Proposals

61 11) Wood waste generated from tree removals shall be chipped. Diseased trees shall not be commingled with healthy trees in the creation of wood chips. The disease- free chips shall be dumped and spread in specified locations in the City at the direction of the City Representative. It is the responsibility of the Contractor to appropriately dispose of diseased trees. Wood and branches not suitable for chipping may be dumped at the City Green Waste disposal site. All tree branches produced because of the Contractor’s operations under the Contract will be reduced, reused, recycled, and/or transformed.

12) The Contractor shall NOT perform any work on non- City maintained trees without the direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the City Representative.

13) The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of T ransportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual will become a part of the requirements of the contract.

14) Construction and maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners or motoring public. Convenient access to driveways, houses and buildings along the line of work shall be maintained unless otherwise approved by the City in advance.

Contractor shall request and obtain approval from City before any lane closures are implemented. Open excavation and ditches across a roadway shall be covered and guarded in such a manner as to permit safe traffic flow during hours when no work is being performed.

15) All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL- OSHA. The Parks Manager reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work .

16) The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the Parks Manager.

17) The Contractor shall be fully responsible for any and all damage to City property, equipment, or other property on the public premises that result from the Contractor’s operations. This shall include, but not be limited to, the replacement, at Contractor’s

6.3 Attachment 5 - Request for Proposals

62 expense, of shrubs, trees, vines, turf, groundcover or other landscape items that are lost due to contractor’s negligence.

Contract Term:

a. Term. The initial term of the Agreement shall commence November 1, 2025 and expire on June 30, 2028.

Attachment:

Attachment 1 - Proposal Response Form
Attachment 2 - Draft Agreement for Services

6.3 Attachment 5 - Request for Proposals

63 Proposal Response Form

Fill out the form completely and submit by the due date.

Incomplete or late responses will not be considered.

SECTION 1: Contact Information

SECTION 2: Addenda

I acknowledge receipt of the following addenda:

Addenda Number Date

SECTION 3: Applicable Licenses and Certifications

SECTION 4: Proposal

Pruning/Disposal off site

Tree Height Proposed Cost
15-25 feet
25-35 feet
35-45 feet
45 feet or greater

Tree Removal/Disposal off site

Tree Height Proposed Cost
15-25 feet
25-35 feet
35-45 feet
45 feet or greater

6.3 Attachment 5 - Request for Proposals

64 Stump Grinding/with disposal off site

Tree Diameter Proposed Cost
12-20 inches
20-40 inches
40-60 inches
60 inches or greater

Section 5: Contract

Please list exceptions to any of the terms of the agreement, including required insurance coverage.

SECTION 6: Submittal Instructions

By signing below I attest that the information contained in this proposal is true and correct.

SIGNATURE OF PERSON AUTHORIZED TO SIGN AGREEMENTS DATE

PRINT NAME AND TITLE

6.3 Attachment 5 - Request for Proposals

65 DATE: October 20, 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 PROJECT (2024-25) CIP 301-722 -

NOTICE OF COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by MCK Services, Inc. (MCK) for the construction of CIP 301-722 Street Rehabilitation Project (2024-25) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY
CIP 301-722 focuses primarily on street rehabilitation efforts in Neighborhood 6 and minor road improvements outside of Neighborhood 6, which include grading adjustments along Shell Boulevard at the northern driveway to Beach Park Elementary School, curb ramp installation at Boothbay Ave and Galveston Street, and base repairs adjacent to 117 Beach Park Boulevard. 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 MCK within the project budget.

6.4 6.4 Staff Report

66 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 Notice of Completion (NOC).

BACKGROUND
At the January 21, 2025, meeting, the City Council adopted City Resolution No. 2025-5 approving the plans and specifications for CIP 301-722 and authorized the call for bids.

City Resolution No. 2025-16 adopted on March 17, 2025, approved the execution of a construction contract with MCK in the amount of $1,170,989.75 for CIP 301-722 and established a project contingency of $117,000. Along with the construction contract, CSG Consultants (CSG) was awarded a contract for $216,340 with a contingency amount of $20,000. CSG provided inspection services, submittal review, material testing, and construction support throughout the project.

Construction began in June 2025 and was substantially completed in August 2025. The contractor has completed all punch list items of work and the final invoice for the work was received late August 2025.

ANALYSIS
The scope of work for CIP 301-722 consisted of street rehabilitation in the form of asphalt milling, asphalt overlays, base repairs, striping, signage improvements, utility adjustments, the retrofitting of existing non-compliant curb ramps in conformance with ADA and the City’s Transition Plan, and the application of red paint within 20 feet of the vehicle approach side of crosswalks as required by Assembly Bill 413 (AB 413). Work was primarily completed in Neighborhood 6, which include Halsey Blvd, Farragut Blvd, Bainbridge St., Decatur St., Blythe St., and Burrows St.

Minor roadway improvements beyond Neighborhood 6 were also included in CIP 301-722:
Grading adjustments along Shell Blvd. at the northern driveway to Beach Park Elementary School to address ponding issues within the roadway. Curb ramp installation at Boothbay Ave and Galveston St., to provide for improved ADA accessibility to and from Boothbay Park into the surrounding neighborhood. Base repairs adjacent to 117 Beach Park Blvd. to address root damage from a nearby tree that has since been removed.

During the project, two (2) contract change orders (CCOs) were issued, totaling $12,492.

CCOs #1 and #2 addressed quantity increases for items installed in the field that were higher than originally shown on the bid schedule and opportunities for additional roadway improvements not included in the design phase. CCO #1 funded additional square footage of concrete sidewalk for seamless transitions to newly updated ADA curb ramps and grade adjustments to three water valves to improve roadway rideability and appearance. CCO #2

6.4 6.4 Staff Report

67 funded additional lineal footage of double yellow striping to make the lanes clearer for vehicles on Halsey Boulevard.

Given that MCK 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 Notice of Completion.

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 301-722 $1,530,000.00
Construction Contract Expenses
Contract Agreement with MCK Services, Inc. $ 1,016,347.87 CCO #1 – Concrete Sidewalk and Water Valve Adjustments $ 11,700.00 CCO #2 – Detail 22 Thermoplastic Striping $ 792.00
Total Construction Expenses $ 1,028,839.87
Other Project Related Expenses
Construction Management Services – CSG Consultants
Advertisement/Miscellaneous Expenses
$ 77,218.88
$ 952.12
Total Other Project Related Expenses $ 78,171.00
Total Project Expenses to date $ 1,107,010.87
Project Budget Balance $ 422,989.13
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 MCK 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:
$1,500,000 – Fund #102 – Measure “A”
$500,000 – Fund #103 – Gas Tax
$30,000 – Fund #301 – General Fund – Funds collected from San Mateo-Foster City School District for roadway improvements, per City Resolution No. 2025-16

6.4 6.4 Staff Report

68 The unused funds will be used to fund future projects including next 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

6.4 6.4 Staff Report

69 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY MCK SERVICES, INC. FOR CIP 301-722 STREET REHABILITATION (2024-2025) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (CEQA STATUS: EXEMPT FROM CEQA UNDER SECTION 15061(B)(3) AND 15301(C) – EXISTING FACILITIES)

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 301-722 Street Rehabilitation Project (2024-2025) 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 MCK Services, Inc. dated March 17, 2025; 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;

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;

3. The City Clerk notified MCK Services, Inc. that the Construction Performance Bond No. 9461717 from Fidelity and Deposit Company of Maryland 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. No. 9461717 from Fidelity and Deposit Company of Maryland, 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

70 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

STACY JIMENEZ, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

71 6.4
Attachment 2 - Notice of Completion

72 DATE: October 20, 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/City Engineer Laura Galli, Engineering Manager
Justin Lai, Senior Civil Engineer
Amy Zhou, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: AWARD OF AGREEMENT TO CAL-WEST LIGHTING & SIGNAL

MAINTENANCE, INC AND BEAR ELECTRICAL SOLUTIONS, LLC
FOR TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27
- FY 2030/31)

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

1. The Mayor to execute an agreement with Cal-West Lighting & Signal Maintenance, Inc. in the amount of $172,450 annually; $72,450 for routine monthly maintenance and $100,000 for on-call repair/maintenance of the City’s traffic signals, street lights, and park lights and City property lights effective July 1, 2026 through June 30, 2031; and

2. The Mayor to execute an agreement with Bear Electrical Solutions, LLC in an amount not to exceed $100,000 annually for on-call repair/maintenance of the City’s traffic signals, street lights, and park lights and City property lights, effective July 1, 2026 through June 30, 2031; and
Pursuant to City purchasing and contracting procedures:

6.5 6.5 Staff Report

73 3. Staff to approve proposals for work other than routine maintenance, based on the unit prices shown on the fee schedule included as Exhibit B of each of the agreements; and

4. Staff to exercise the option to extend the agreements with Cal-West Lighting & Signal Maintenance Inc, and Bear Electrical Solutions, LLC for an additional year, upon demonstration of satisfactory performance during the original contract period of FY 2026/27 - FY 2030/31.

EXECUTIVE SUMMARY
A Request for Proposal (RFP) to provide maintenance and on-call repair services for the City’s traffic signals, street lights, park lights and City property lights from July 1, 2026 through June 30, 2031 was sent to four (4) companies and advertised on the City’s website. Two (2) proposals received on July 23, 2025 were evaluated using a qualification-based selection process. The award of two (2) contracts for on-call maintenance will aid the City in providing a high level of service as traffic signal and street light reports have increased due to the age of the City’s infrastructure. These contracts are effective in FY26/27 and therefore, funding will be programmed to match the contract award amounts during this year’s budget process.

BACKGROUND
The City of Foster City owns and is responsible for the operation and maintenance of 31 traffic signals, 8 flashing beacons, illuminated street signs, and over 1,800 safety streetlights, park lights and City property lights throughout the City. The City’s streetlights and traffic signals require routine and on-call maintenance/repairs that exceed the in-house capabilities of the Department staff. These structures are currently maintained under the City’s existing contract with Cal-West. This contract was for a three-year term from July 1, 2020 – June 30, 2023, and has been renewed for three successive terms based on satisfactory services. The current term will expire on June 30, 2026.

An RFP for Traffic Signal & Lighting Maintenance (FY 2026/27 - FY 2030/31) was sent to four (4) traffic signal and street light maintenance contractors and posted on the City’s website. The RFP requested maintenance within two (2) categories of services:

1. Routine Maintenance
This work includes routine inspections and maintenance tasks such as identifying burned out lamps, repairing or replacing failed equipment, and monthly maintenance of traffic management infrastructure including signals, cameras, and related systems, as well as street lights, park lights and City property lights. Routine maintenance minimizes the chances of significant issues that can lead to costly repairs and periods of non-operation.

6.5 6.5 Staff Report

74 2. On-Call Repairs/Emergency Maintenance
This includes unanticipated work that may be required in response to vandalism, collision or other causes of failure of a streetlight or traffic signal which require replacing damaged/malfunctioned equipment, equipment upgrades, system modifications, etc. that is not covered under routine maintenance. Since these events typically occur without warning and result in a loss of service, it is important to be able to swiftly dispatch crews that can assess, diagnose, and implement temporary and permanent fixes.

ANALYSIS
On July 23, 2025, two proposals were received from two (2) contractors: Bear Electrical Solutions (BES) and Cal-West Lighting & Signal Maintenance Inc (Cal-West). The proposals were reviewed and rated based on the following criteria: prior work experience, experience of personnel assigned, responsiveness to RFP, ability to meet required response times, and cost. Cal-West was rated higher than BES during the review of the proposals. Cal-West has provided satisfactory service to Foster City for the past fourteen (14) years and has been in the Traffic Signal and Street Light maintenance industry for thirty (30) years. Although ranked second, BES was rated highly and is well regarded by nearby jurisdictions. BES has been in the Traffic Signal and Street Light maintenance industry for twenty-five (25) years and is fully qualified to perform traffic signal and street light maintenance services. Following staff negotiation efforts, the final proposed costs are as follows:

ROUTINE MAINTENANCE
BES
Annual Total

CAL-WEST
Annual Total
I Routine Traffic Signal Maintenance $ 59,640.00 $ 47,220.00 III Routine Street Light Maintenance $ 29,829.80 $ 11,622.00 IV Routine Parks & Parking Lot Light Maintenance $ 17,010.00 $ 13,608.00 Total for Routine Work $ 106,479.80 $ 72,450.00 Compensation for routine maintenance is paid as a fixed monthly cost.

ON-CALL REPAIRS/MAINTENANCE
BES
Annual Total

CAL-WEST
Annual Total
II On-Call Traffic Signal Maintenance $ 157,732.00 $ 70,960.00 V On-Call Street Light Maintenance $ 15,120.00 $ 15,000.00 VI On-Call Parks & Parking Lot Light Maintenance $ 30,240.00 $ 30,000.00 VII Materials Markup and Sales Tax for Extra Work $ 19,375.00 $ 19,375.00 Total for On-Call Work (Estimated Quantities) $ 222,467.00 $ 135,335.00 Compensation for On-Call Repairs/Maintenance is paid for on a time and materials basis as completed, based on the unit prices shown in the fee schedule. To obtain

6.5 6.5 Staff Report

75 results that were comparable, the annual quantities used for this portion of the proposal were estimated based on the historical on-call service trends.

The RFP allows the award of up to two (2) contracts. Staff recommend that the City Council award two (2) maintenance contracts for on-call services to improve response times amid increasing repair requests. Due to the age of the City’s infrastructure, the City presently receives approximately three (3) times as many traffic signal/street light reports than in 2019. The recent uptick in on-call service needs and the age of the City’s infrastructure indicate that a not-to-exceed amount of $100,000 annually to both Cal-West and BES is prudent and necessary. This amount is expected to fully fund all on-call needs while ensuring timely response and minimizing service disruptions. Since on-call repairs are performed only as needed, any unused funds that are set aside will be returned to the General Fund at the end of each fiscal year.

Additionally, staff recommend awarding Cal-West a contract for routine maintenance services in the annual amount of $72,450 based on their proven track record, familiarity with the City’s traffic signal and street light systems, and their competitive proposal.

The Traffic Signal & Lighting Maintenance (FY 2026/27 - FY 2030/31) contracts will be for an initial period of five (5) years (July 1, 2026 to June 30, 2031) with an option to extend the contract for one (1) subsequent year (July 1, 2031 to June 30, 2032) upon satisfactory performance. The agreements include an option for a Consumer Price Index (CPI) adjustment to unit rates, upon the request of the City or Contractor at the end of each year using the June to June, San Francisco/Oakland CPI for all urban wage earners.

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

FISCAL IMPACT
There is no fiscal impact to the FY2025/2026 budget.

Street light and traffic signal maintenance line items are included in the Public Works and Parks and Recreation Departments operating budgets. For the Fiscal Year 2026/2027 budget, funding will be programmed to match the contract award amounts.

Funding for the subsequent years of the contracts will be similarly budgeted on an annual basis by each department.

The Public Works Department will administer the portion of the contract for the maintenance of traffic signals and street lights in the public right of way. The Parks and

6.5 6.5 Staff Report

76 Recreation Department will administer the portion of the contract for the maintenance of the parks and City property lighting maintenance.

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

Attachment 1 – Resolution
Attachment 2 – Cal-West Lighting & Signal Maintenance, Inc Agreement Attachment 3 – Bear Electrical Solutions, LLC Agreement

6.5 6.5 Staff Report

77 3
8 9
7 RESOLUTION NO. ___________

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

AUTHORIZING THE EXECUTION OF AGREEMENTS WITH CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC. IN THE AMOUNT NOT TO EXCEED OF $172,450 AND BEAR ELECTRICAL SOLUTIONS, LLC IN AN AMOUNT NOT TO EXCEED $100,000 FOR TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 - FY 2030/31); AND

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

CITY OF FOSTER CITY
WHEREAS, a Request for Proposal (RFP) for Traffic Signal & Lighting Maintenance (FY 2026/27 - FY 2030/31) was issued on June 27, 2025, with the option to award up to two maintenance contracts; and
WHEREAS, proposals were received from Bear Electrical Solutions (BES) and Cal-West and Lighting & Signal Maintenance (Cal-West) on July 23, 2025; and WHEREAS, the proposals were evaluated using a qualification-based selection process; and
WHEREAS, Cal-West submitted the highest rated proposal based on responsiveness to RFP, prior work experience, references, firm capacity, cost, and has satisfactorily maintained the City’s traffic signal and street lights from July 1, 2011 to the present; and
WHEREAS, BES submitted a competitive proposal that rated highly, and is well regarded in the industry by local jurisdictions, with thirty (30) years of experience; and WHEREAS, the award of two contracts for on-call maintenance will aid the City in improving response times and providing a high level of service as traffic signal and street light reports increase with the age of the City’s infrastructure; and WHEREAS, funding for traffic signals and street light maintenance will be included in the Public Works Department’s FY 2026/27 budget; and WHEREAS, funding for parks lights and City property lighting maintenance will be included in the Parks and Recreation Department’s FY 2026/27 budget; and WHEREAS, funding for the subsequent years will be similarly budgeted on an annual basis; and
WHEREAS, an analysis of the bid proposal indicates that the prices are reasonable for the work involved and Cal-West and BES are qualified to perform the work.

6.5 Attachment 1 - Resolution

78 3
8 9
7 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute an agreement with Cal-West in the amount not to exceed $172,450.00 annually for the routine and on-call maintenance of the City’s traffic signals, street lights, and park lights and City property lights effective July 1, 2026 through June 30, 2031; and

2. The Mayor to execute an agreement with Bear Electrical Solutions, LLC in the amount not to exceed $100,000.00 annually for on-call maintenance of the City’s traffic signals, street lights, and park lights and City property lights, effective July 1, 2026 through June 30, 2031; and
Pursuant to City purchasing and contracting procedures:

3. Staff to approve proposals for work other than routine maintenance, based on the unit prices shown on the fee schedule included as Exhibit B of each of the agreements; and

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

79 PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)

This Agreement is made and entered into as of the 20
th day of October by and between
the City of Foster City hereinafter called "CITY" and Cal- West and Lighting & Signal Maintenance, Inc hereinafter called "CONTRACTOR".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

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

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

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

Extensions shall be presumed exercised unless CITY provides notice otherwise. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONTRACTOR to suspend, delay or interrupt Services, in whole or in part, for such periods of

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

80 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 CONTRACTOR 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 CONTRACTOR demanding such cure, in which case CONTRACTOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONTRACTOR 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. 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 this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Seventy-Two Thousand Four Hundred Fifty Dollars ($172,450.00).

Invoices for amounts in excess of One Hundred Seventy -Two Thousand Four Hundred Fifty Dollars ($ 172,450.00) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

81 CONTRACTOR's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONTRACTOR for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONTRACTOR has partially completed one or more deliverables due during a payment period, and if CONTRACTOR demonstrates diligent progress there on, 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 CONTRACTOR shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

7. Reliance on Professional Skill of CONTRACTOR. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONTRACTOR to do and perform the work. In performing services hereunder CONTRACTOR shall adhere to the standards generally

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

82 prevailing for the performance of expert services similar to those to be performed by CONTRACTOR hereunder.

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

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

The granting of any progress payment by CITY, or the receipt thereof by CONTRACTOR, 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 CONTRACTOR for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

9. Relationship of Parties. CONTRACTOR is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONTRACTOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction appl y to and concern the result of the CONTRACTOR’s provision of Services, 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 Services under this Agreement.

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

10. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

83 performance of such services occasioned by governmental reviews of CONTRACTOR’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, CONTRACTOR’s officers or employees.

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

11. Prevailing Wage. 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 th e 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.

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

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

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

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.

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

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

CONTRACTOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONTRACTOR 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 CONTRACTOR under this Agreement (or CONTRACTOR shall promptly reimburse CITY for such expense).

CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR.

14. Workers' Compensation. CONTRACTOR 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 CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

15. Non-Discrimination. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

85 or national origin. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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.

16. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR 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: Amy Zhou

CONTRACTOR: Cal-West Lighting & Signal Maintenance, Inc. 412 Lano Street
San Jose, CA 95125

Mailing Address:

PO Box 612035
San Jose, CA 95161-2035

Craig H. Geis, Jr. - President
(408) 640-7796
[email protected]

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

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

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

20. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

86 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.

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

22. Conflict of Interest . CONTRACTOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONTRACTOR represents to and agrees with CITY that CONTRACTOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONTRACTOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

23. Liability of CITY.

Except as provided in Exhibit A , Services to be Provided by CONTRACTOR and Exhibit C , Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, aris ing out of or in connection with this Agreement, the Services, or the Project.

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

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

87 CONTRACTOR, or by any of its employees, even though such equipment be furnished, rented or loaned to CONTRACTOR by CITY. The acceptance or use of such equipment by CONTRACTOR or any of its employees shall be construed to mean that CONTRACTOR accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONTRACTOR, 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 CONTRACTOR may have under this Agreement or any applicable law. All rights and remedies of CITY or CONTRACTOR, whether under this Agreement or other applicable law, shall be cumulative.

25. Force Majeure. Except for defaults of subcontractor s 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:

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

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6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

88 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: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONTRACTOR

Dated:

Craig H. Geis, Jr., President

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

89 EXHIBIT A

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

DELIVERABLES FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)

1.01 SCOPE OF WORK

The scope of work includes the following:

A. Traffic Signal Maintenance

This work includes the maintenance of the Traffic Signal System (30 signalized intersections and an emergency signal at the Fire Department); interconnect system, Light -Emitting Diodes (LED) internally illuminated street name signs, battery back -up systems, preemption systems, rectangular Rapid Flash Beacons (RRFB), speed radar feedback signs, dynamic signs and loop/video (image and thermo sensors) detection system. See Attachment 1 for locations and Attachment 2 for inventory.

B. Lighting Maintenance

a. Street Lighting: This work includes the maintenance of the City’s Street Lighting System, including safety lights at signalized intersections.

b. Parks & City Property Lighting: This work includes the maintenance of the City’s Parks & City Property Lighting. See Attachments 3 & 4 for locations and types.

The following is a link to the City’s GIS map index:
https://www.fostercity.org/community/page/foster-city-gis-maps

Click on “Public Works,” then select “Streetlights” to access the City’s Street and Parks & City Property Lighting maps.

1.02 NOT USED IN SECTION

1.03 PROPOSAL ITEM I – ROUTINE TRAFFIC SIGNAL MAINTENANCE

The Contractor shall provide a continuous, comprehensive preventive maintenance program designed to minimize the incidence of outages and malfunction; reduce complaints; and extend the useful life of the traffic signal equipment. The program shall include, but is not limited to:

A. Annual Maintenance

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90 Annual maintenance shall include cleaning, adjusting, lubricating, and testing of signal equipment and replacement of substandard components.

The controller units shall be overhauled or maintained as recommended by the manufacturer.

The Contractor shall test all conflict monitors (see Attachment 1 for all existing signalized intersections) within the first two months of the start of each fiscal year and provide the City with a written report identifying each intersection and showing all test results.

The Contractor shall test all locations with battery backup systems as shown on Attachment 2 (by disconnecting the PG&E power at the service cabinet) within the first two months of the start of each fiscal year and provide the City with a written report that at each intersection the battery backup system operated on full cycle operation during power disconnect.

The Contractor shall rotate the batteries, per the manufacturer’s recommendation, at all locations with battery backup systems (see Attachment 2 for locations) to maximize the life of the batteries and provide the City with a written report that work has been completed.

B. Annual Inspection

Within the first three months of each fiscal year, the Contractor shall:

a. Replace all cabinet filters.
b. Clean all lenses, reflectors, signal and fixture housing units and photoelectric units.
c. Check the mounting of each signal head and adjust/tighten the mounting as required.
d. Replace deteriorated or missing components and fastening hardware such as sockets, nuts and bolts.
e. Clean video detection camera lenses.

The Contractor shall provide the City with a written report that the work has been completed.

C. Monthly Inspection

Each signalized intersection shall be inspected monthly. At a minimum, the following shall be performed:

a. Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses and missing parts. Depress all pedestrian push buttons and observe the proper timing operation and display. Correct all observed problems as soon as possible thereafter.

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91 b. Examine the functioning of the controller in relation to the traffic.

Correct functional problems as soon as possible and report functional and timing problems to the Engineer.
c. Observe and check for proper operation of the detector loops or video detection and amplifiers. Adjust or re-tune detector amplifiers and correct sub- standard splices as necessary. Report improper detection operation and causes to the Engineer.
d. Inspect all relays, switches, and terminals, etc. and replace or make adjustments as necessary. Make arrangements to promptly fix those deficiencies which cannot be corrected immediately.
e. Check and adjust fan operation. Check the filter for tight fit and tape if required. Clean and vacuum the cabinet as necessary. Examine cabinet interior for water, excessive dampness and plant or animal intrusion. Determine cause and correct the condition.
f. Inspect battery backup system to ensure unit is fully charged. Report improper operation to the Engineer.
g. Inspect preemption system to ensure equipment is operating and in- place, check all connections. Report improper operation to the Engineer.
h. Completed record keeping requirements as described below in Section 1.05 A.

This work also includes annual programming four speed radar feedback signs at two schools:
• Two signs on Edgewater Boulevard, near Foster City Elementary School, and
• Two signs on Beach Park Boulevard near Bowditch Middle School.

The signs shall be programmed annually, prior to the start of school. The work also includes maintenance of the signs, to ensure they are in working order.

1.04 PROPOSAL ITEM II – ON-CALL TRAFFIC SIGNAL MAINTENANCE

A. Normal Maintenance Repairs

The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system.

The Contractor shall repair or replace equipment and components that have failed, deteriorated, or malfunctioned from the normal operation of the traffic signal system. This equipment and components shall include, but is not limited to the following elements:

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

92 Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, Controllers, video detections, preemption systems, battery backup systems, etc.

The Contractor shall also complete record keeping requirements as described below in Section 1.05 A.

B. Furnish, Install, and Replace Equipment or Components

This work includes, but is not limited to, furnishing, installing, and replacing the following equipment or components:

Single ‘A’ type loop, single ‘D’ type loop, 4 loop system (1D and 3A), back plate (all types), visor, cabinet fan, pedestrian push button (APS and non-APS), LED ped countdown. #200 load switch, #204 flasher load switch, #222 detector, 12” LED red/amber/green ball, 12” LED red/amber/green arrow, Traficon video camera, video surge suppressor, FLIR TrafiSense thermal detection camera, power supply. This work also includes Underground Service Alert (USA) mark-outs as requested by the City.

C. Response and Service

a. The Contractor shall provide response and service on a 24-hour per day, 7- day per week basis. Immediate action shall be taken to safeguard the public any time a signal installation becomes partly or totally inoperative from any cause whatsoever. The maxim um response times shall be as follows:

● Emergency and Accident Maintenance – One (1) Hour
● Replacement of Burned Out Signal Faces
* Red Faces on Mast Arms – Two (2) Hours
* Red Faces on Poles – Twelve (12) Hours
* Green and Yellow Faces – Twelve (12) Hours
● All Other Signal Maintenance – Twenty-Four (24) Hours ● Safety Lighting – Forty-Eight (48) Hours
● Internally Illuminated Street Name Sign (IISNS) Tubes – Forty-Eight (48) Hours

b. Signal-on-flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency. The City may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition poses no immediate hazard to the public.

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93 c. Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty -one (21) calendar days, unless extended in writing by the Engineer.

d. Failure to meet the response time requirements by the Contractor shall be sufficient cause for the Engineer to authorize maintenance to be completed by others and deduct the costs of said maintenance from payments due to the Contractor. Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.

C. Consultation

The Contractor shall designate representatives in its organization who shall be available periodically to the Engineer for consultation.

This consultation shall include preparing cost estimates for replacement of obsolete equipment, system modifications and maintenance work for which specific service fees have not been established in this contract; and technical explanations of functional and operational characteristics of the signals.

1.05 TRAFFIC SIGNAL MAINTENANCE – ADDITIONAL INFORMATION AND

PROTOCOL

A. Maintenance Records

Contractor shall maintain an inspection and maintenance log to be kept in each controller cabinet using a form approved by the Engineer and shall maintain records as described herein.

A printout of the signal control database shall be kept in each controller cabinet. Timing changes shall be indicated on the printout. Only the Engineer shall authorize timing changes except that the Contractor may make changes required on a temporary basi s due to maintenance operations or to maintain a satisfactory signal operation when there is a detection failure.

A work order form approved by the City shall be filled out each time the Contractor performs maintenance work which is out of the scope of Normal Maintenance. After completing the form, the Contractor’s signal maintenance supervisor shall review the work performed, initial the form, and send a copy of the completed form to the Engineer. The originals shall be kept on file in the Contractor’s office.

The Contractor shall provide a computerized database capable of storing all service calls and inspection and maintenance activities performed under

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

94 the contract. A digital monthly report generated from the database shall be sent to the City with the monthly invoice. The report must identify each activity by the date and time, location, nature of the problem, work done, and whether the activity is part of the routine maintenance, service calls, or related to accident, vandalism or specifically authorized work. No payment will be made without submittal of the report.

B. Light Emitting Diode (LED) Signal Faces

All traffic signal faces in Foster City are LED’s. All pedestrian signals are LED countdown.

The LED traffic signal faces shall comply with current ITE Caltrans specifications. As part of Normal Maintenance, all LED traffic signal faces will be replaced upon failure or when the luminosity does not meet the minimum requirements as outlined in Secti on 86-1.02R(4)(b) LED Signal Modules of the current California Department of Transportation Standard Specifications. The Contractor may, at Contractor’s expense, maintain records and claim any manufacturers’ refund that may be applicable under the LED manufacturer’s warranty.

C. Signal Turn-off and Signal on Flash

The Contractor shall immediately notify the City’s Police Department and the Engineer of any signal turn-offs or signal on flash necessitated by their operation. Signal turn- off of any duration and signal on flash operation in excess of fifteen (15) minutes must be first authorized by the Engineer or the Police Department.

D. Spare Equipment

The Contractor shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals. The Contractor shall maintain at least one fully tested standby controller that is compatible with the City’s system, and one other fully tested standby controller that is compatible with Caltrans’ system. Any City furnished equipment shall remain City -owned and shall be returned to the City as soon as practical.

E. Salvaged Equipment

The Contractor shall deliver any salvaged or salvageable equipment or material to the location in the City as designated by the Engineer. Any material or equipment declared non- salvageable by the Engineer shall be disposed of properly by the Contractor.

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95 1.06 PROPOSAL ITEM III – ROUTINE STREET LIGHT MAINTENANCE AND PROPOSAL ITEM IV – ROUTINE PARKS & CITY PROPERTY LIGHT

MAINTENANCE

The Contractor shall provide a continuous, comprehensive preventive maintenance program designed to minimize the incidence of outages and malfunctions; reduce complaints; and extend the useful life of the street lights and the parks & city property lights. The program shall include, but is not limited to:

A. Monthly Inspection

Within fourteen (14) calendar days following receipt of the Notice to Proceed and within the first ten (10) working days of each month thereafter, the Contractor shall complete a night survey of a quarter of the street lights and all parks & all city property lights. All outages and malfunctions shall be recorded on a Contractor furnished Monthly Survey Log. The Monthly Survey Log shall be submitted to the Engineer by the 15 th calendar day of
each month. See “Maintenance Records” in Section 1.08 A.

B. Monthly Maintenance

The Contractor shall investigate, determine the corrective requirements and repair each item reported on the Monthly Survey Log as soon as possible thereafter. This shall include equipment and components that have failed, deteriorated or malfunctioned from the normal operation of the street lighting and park & city property lights. This equipment and components shall include, but are not limited to the following elements: Lamps, sockets, ballasts, starters, photoelectric cells, fuses, fuse holders, wiring inside the pole, and incidentals. Equipment and incidentals are billed separately under the on-call contract.

See “Maintenance Records” in Section 1.08 A.

1.07 PROPOSAL ITEM V – ON-CALL STREET LIGHT MAINTENANCE AND PROPOSAL ITEM VI – ON-CALL PARKS & CITY PROPERTY LIGHT

MAINTENANCE

A. Normal Maintenance

The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the street lights and parks & city property lights. The Contractor shall restore or replace equipment and components that have failed, deteriorated or malfunctioned from the normal operation of the street lighting system and parks & city property lighting.

This equipment and components shall include, but are not limited to the

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

96 following elements: Lamps, sockets, ballasts, starters, photoelectric cells, fuses, fuse holders, wiring inside the pole, and incidentals.

B. Replace Light Fixture

This work includes all labor, equipment and materials required for the replacement of a boulevard or residential street light, Parks, or city property light standard that has been knocked down or damaged as the result of an accident. The City will supply t he street light standard, and mast arm as required. Components such as mast arms and luminaires that are undamaged may be re-used at the direction of the Engineer. The Contractor shall pick up the City supplied material from the Corporation Yard on East Third Avenue or re- use existing undamaged components and install the street light standard, mast arm and luminaires to the original condition complete in place and operational. Contractor, at own cost, shall place barricades, clean up debris, properly dispos e of all damaged components.

The Contractor shall supply all lamps, fuses, fuse holders, photoelectric cells, conductors and incidentals required to restore the street light to working condition. No new foundations are included for this work.

C. Response and Service

The Contractor shall provide response and service on a 24-hour per day, 7- day per week basis. Immediate action shall be taken to safeguard the public any time a street light, Parks, or city property light becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:

a. Emergency Service – Two (2) Hours
b. Outages and Malfunctions – Seventy-Two (72) Hours

Emergency Services shall include cleanup of debris due to accidents, installation of barricades and/or signs and leave area in safe condition.

Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty-one (21) calendar days, unless extended in writing by the Engineer.

Failure to meet the response time requirements by the Contractor shall be sufficient cause for the Engineer to authorize work to be completed by others and deduct the costs of said work from payments due the Contractor.

Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.

1.08 STREET LIGHT MAINTENANCE AND PARKS & CITY PROPERTY MAINTENANCE– ADDITIONAL INFORMATION AND PROTOCOL

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97 A. Maintenance Records

The Contractor shall provide a computerized database ( Monthly Survey Log) capable of storing all service calls, and inspection and maintenance activities performed under the contract. A monthly report generated from the database shall be sent to the City with the monthly invoice. The report must identify each activity by the date and time, location, nature of the problem, work done, and whether the activity is part of the routine maintenance, service calls, or related to accident, vandalism or specifically authorized work. No payment will be made without submittal of the report.

Separate Monthly Survey Log shall be kept for both Street Lighting and for Parks & City Property Lighting.

B. Salvaged Equipment

1.09 PROPOSAL ITEM VII – MATERIALS MARKUP FOR EXTRA WORK

For any required extra work, the markup will be a set percentage.

1.10 NOT USED IN SECTION

1.11 EXTRA WORK

Compensation for Extra Work, work not covered in the Proposal Schedule, shall be billed at “Straight Time” rate unless overtime is authorized by the Engineer or the work is performed in an emergency situation. During an emergency situation, only such work shall be done as to alleviate the emergency situation. All non- emergency work shall be done during normal business hours. A separate itemized invoice, indicating the actual labor (hours per employment classification), material, equipment units used, and applicable rates, shall be prepared for work hereunder.

Where the work involved an item included in the unit price schedule the unit price therefore shall prevail.

1.12 INSPECTION OF NEW OR MODIFIED SIGNAL SYSTEMS

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98 Contractor shall, upon notification by the Engineer, immediately commence servicing such signals. New signals are covered by the installing Contractor’s material and workmanship warranty for one year after acceptance. Where parts or material become defect ive during this warranty period, the Contractor shall notify the Engineer so that the warranty may be exercised. The City shall be responsible for exercising maintenance and replacement covered by warranty. At expiration of warranty, servicing of signals shall be performed in accordance with these specifications.

6.5 Attachment 2 - Cal-West Lighting & Signal Maintenance, Inc. Agreement

99 TECHNICAL REQUIREMENTS

TRAFFIC SIGNAL SYSTEM

1.01 DESCRIPTION

Unless otherwise stated, all signal work and signal equipment shall conform to the latest edition of Sections 86-87 “Electrical Work” and “Electrical Systems” of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation.

1.02 DETECTORS

Detector units shall be shelf -mounted, single channel Intersection Development Corporation (IDC) Model 910A or Model 913A (if delay and extension are required) or approved equal.

1.03 DETECTOR LEAD-IN CABLE & SPLICES

Detector lead-in cable for each set of loops shall be run separately and without splicing from the pull box to the controller cabinet. Pull boxes for loop wire/DLC splice shall normally be placed between second and third loops and be similar to Caltrans Curb Termination Type-A. Detector lead-in cable shall be Type B.

Splices between loop wire and DLC shall be double insulted with heat shrink tubing after thoroughly cleaning, soldering and painting the spliced conductors with electrical insulating coating.

1.04 INDUCTIVE LOOPS

Stop Bar Loops: For new or modified construction there shall be one DLC and one detector amplifier for each traffic lane. For each through lane there shall be one “D” type loop (closest to stop bar) and three “A” type loops. For each left turn lane there shall be one “D” type loop (closest to stop bar) and three “A” type loops.

Advance Loops: For new or modified construction there shall be one DLC and one detector amplifier for each traffic phase. There shall be one “A” type loop for each traffic lane. Loop wire for shall be Type 2 for all loop installations.

1.05 CONDUIT

Conduit to be installed underground and in foundations shall be Schedule 40 non- metallic type. Where metallic conduit already exists, a non- metallic (PVC) transition coupling shall be used between metallic and non-metallic conduit.

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100

When rigid non- metallic conduit is placed in a trench (not under pavement or concrete sidewalk), after bedding material is placed and conduit is installed, the trench shall be backfilled with commercial quality concrete. This concrete shall contain not less than 376 pounds of cement per cubic yard, to not less than four inches (4") above the conduit before additional backfill material is placed.

After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.

1.06 LED SIGNAL FACES

LED signal faces shall comply with current ITE Cal -Trans Specifications, and Section 86-1.02R(4)(b) LED Signal Modules of the current California Department of Transportation Standard Specifications. Vehicle signal faces shall be 12” diameter RX11 modules or approved equal.

1.07 LUMINAIRES

Intersection safety lighting luminaries shall be CREE -XSP or BETA LED’s or approved equal.

1.08 PULL BOXES

Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.

The cover shall be marked with the appropriate application, i.e. “Traffic Signal”, “Interconnect”, and “Electrical” etc. Six -inch (6”) deep drainage rock shall be placed in the bottoms of all new pull boxes. Grout shall not be used.

1.09 LED INTERNALLY ILLUMINATED STREET NAME SIGNS

Unless stated otherwise, signs shall conform to Caltrans Standard Specification 87-4 Internally Illuminated Street Name Signs and be of Type A double face standard depth six (6) feet long.

Each sign shall be fitted with an integral photoelectric control unit and a photoelectric cell.

Mounting brackets shall be a free- swinging assembly. Pelco free- swinging mounting bracket assembly or approved equal.

Each sign shall have two (2) safety cables fitted, one at each mounting bracket.

The safety cables shall be 7 x 19 strand stainless steel and connected with a stainless steel pressure clamp. The safety cable shall be threaded beneath the lower mounting assembly Hinge Rod and looped over the signal mast arm leaving 1 to 2 inches of slack when connected.

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101

Each sign shall have two (2) panels i.e., double face. The panels shall be translucent high impact resistant, glass fiber reinforced acrylated resin.

Background color shall be Interstate Blue as furnished by Kruger/Russ Agency, or approved equal with 8” upper and 6” lower case Series C letters.

Electrical service to IISNS shall be on a separate metered circuit and shall be 120V, 1P with a 15A breaker at the service cabinet.

1.10 PEDESTRIAN PUSH BUTTON

Pedestrian push buttons shall be weatherproof and ADA compliant. All pedestrian push-buttons shall be “accessible” type push buttons, and shall conform to the requirements in Section 86-1.02T “Accessible Pedestrian Signals” and Section 86-

1.02U “Push Button Assemblies” of the Standard Specifications and to Sections 4E.08 “Pedestrian Detectors” and 4E.09, “Accessible Pedestrian Signals and Detectors” in the California Manual on Uniform Traffic Control Devices, latest edition.

1.11 LED PEDESTRIAN COUNTDOWN

Pedestrian signals shall be the Light Emitting Diode (LED) type pedestrian signal, conforming to the requirements in Section 86- 1.02S(3)(c) “LED Countdown Pedestrian Signal Face Modules” of the Standard Specifications and Section 4E of the California Manual on Uniform Traffic Control Devices. Pedestrian Signal Faces shall be a single section with the “Upraised Hand” and “Walking Person” overlain on the left of the pedestrian signal face, and the “Countdown” on the right of the pedestrian signal face.

1.12 RECTANGULAR RAPID FLASHING BEACON

The Solar Powered Rectangular Rapid Flashing Beacon (RRFB) Crosswalk System shall be by Traffic & Parking Control Company, Inc.(Tapco) or approved equal. The system shall conform to all provisions of the MUTCD, Interim Approval IA-21.

Components for a solar powered Warning RRFB Crosswalk System include:

RRFB Light Bars Warning Assemblies, XAV Talking Push Buttons, Solar Panels, and Solar Powered Control Cabinets with Flash Controllers, Wireless Transceivers, and Batteries. Mounting Hardware and Optional Pole Package.

The flashing beacon shall have a back-to-back Vehicle LED modules rectangular rapid flashing beacons with side-emitting pedestrian LED modules on both ends.

The XAV2-LED Push Button shall have a R10-25 sign. Control Cabinets in the Crosswalk System shall be synchronized by BlinkerBeam® Wireless Transceivers or approved equal.

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The side mounted controller enclosure shall be a NEMA 3R rated aluminum enclosure and no greater than 15-inches tall, 12-inches wide, and 10-inches deep.

Signposts for flashing beacon system shall be 4 ½” O.D. round aluminum poles with thread bottom per Tapco Heavy Duty Pole Package or approved equivalent complying with Caltrans Standard Plans.

1.13 DYNAMIC SIGNAGE AT EDGEWATER AND SHELL

The dynamic blank-out signs will be activated using the special function output controls of the City’s traffic signal controllers (CUBIC-Trafficware) to drive the traffic signal cabinet load switches and power the signs (120V).

International symbols shall be Red Circle / Slash with White Left/U-Turn Combinations. U-Turn international symbols and text shall be White. All text messages shall be White color. The use of full matrix boards with programmed fixed messages is acceptable.

A minimum of two rows of LEDs shall be used for all text. A minimum of three rows shall be used for all international symbols to provide “filled” elements.

Pelco astro-brackets used for sign mounting.

System includes:
(2) 24”x24” U-Turn (Symbol) ONLY signs, White symbol and Text (4) 24”x24” Red Color X signs
(2) 36”x36” No Left Turn (symbol) 4PM-7PM signs
(2) 36”x36” No Left or U-Turn “symbol” 4PM-7PM signs
(2) 36”x72” No Left Turn (symbol) with NO LEFT TURN 4PM-7PM signs. Max Size of 36”x72”.
(2) 36”x72” No Left or U-Turn (symbol) with NO LEFT OR UTURN 4PM-7PM signs. Max Size of 36”x72”.
(18) Pelco Astro-brackets

* END OF SECTION *

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TECHNICAL REQUIREMENTS

STREET LIGHT SYSTEM

1.01 DESCRIPTION

Unless stated otherwise all street lighting work shall conform to the latest edition of Sections 86- 87 “Electrical Work” and “Electrical Systems” of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation or City of Foster City Standard Plans, Specifications, rules, regulations and ordinances.

1.01 BOULEVARD STANDARDS

STANDARD

Boulevard standards shall be round tapered steel, thirty (30) feet in high conforming to the City of Foster City Standard Plan ( Double Arm or Single Arm Electrolier & Foundation Details) and shall be Union Metal Corp type or approved equal. The shaft of the pole shall be fabricated from the best grade, hot rolled basic open-hearth steel. The shaft shall have only one longitudinal, electrically welded join, and shall have no intermediate horizontal joints or welds. One length of steel sheet shall be used, which shall be formed into a continuously tapered shaft. After forming and welding, the tapered shaft shall be cold rolled. Poles shall have handholes at the base with tamper proof covers. The anchor base shall be one piece cast steel, and shall be secured to the lower end of the shaft by means of arc welding. The base shall be provided with holes for anchoring, ventilation, and for attaching covers. Cast iron covers shall be provided for each base.

MAST ARMS

Mast arms shall be specified as double or single and shall conform to the City of Foster City Standard Plan ( Double Arm or Single Arm Electrolier & Foundation Details) and shall be Union Metal Corp type or approved equal. The mast arms shall consist of two (2) inch I.P.S. steel pipe tapered to an elliptical shape at the pole attachment end. The pole end of the arm shall be provided with a welded steel fitting. The arm shall be secured to the pole by cap screws, and the pole connection shall be weather resis tant. The connection shall be provided with smooth inside surfaces suitable for wiring.

PAINTING

The pole shaft, mast arms, and anchor base shall be hot dipped galvanized.

Before installation, one sprayed coat of American Marine Paint Company Epoxy Paint # S -3392, or equal, Catalyzed Red Primer, 3- mil dry thickness shall be applied. After installati on, one sprayed finish coat of American Marine Paint Company Epoxy Paint # S -3518 “Foster City Blueprint Blue” Epoxy Gloss Catalyzed Paint, 3-mil thickness shall be applied, or as directed by Engineer.

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Poles #5016-#5076 on Beach Park Boulevard, from approximately Teal Street to Halibut Street, shall be hot-dipped galvanized to ASTM 123 and primed with high build epoxy primer finish with power coat RAL9004 black.

1.02 BOULEVARD LUMINAIRES

Boulevard LED’s shall be CREE-XSP or BETA LED’s or approved equal. They are 60, 70 and 80 LED’s.

1.03 RESIDENTIAL STANDARDS

Residential standards shall have a pole shaft four inch square, galvanized steel, twenty (20) feet in height, with a six inch arm conforming to City of Foster City/Estero Municipal Improvement District Standard Plans. The pole shall be fabricated from United States 11 gauge hot rolled commercial quality carbon steel with a minimum yield strength of 55,000 psi. Construction is to be one piece with a full longitudinal high frequency cross section with flat sides, radius corners and no taper. The pole is to be hot dipped galvanized per ASTM 123. The top of the pole shall be drilled to accept arm mount fixture. The anchor base is to be fabricated from a structural quality, hot rolled carbon steel plate with a minimum yield strength of 36,000 psi. The base plate shall telescope the pole shaft and shall be circumferentially welded top and bottom. The base plate shall be provided with slotted bolt holes to rotate the pole plus or minus 5 degrees for row alignment of shaft. Base plate and pole shall be hot dipped galvanized per ASTM 123.

Each installation shall include a full base cover. The base cover is to be fabricated from United States standard 11 gauge, hot rolled commercial quality carbon steel hot dipped galvanized per ASTM 123. It is to be a two piece cover secured together with two stainless steel hex head screws. The cover shall conceal the entire base plate and anchorage.

Each pole shall include a removable steel top plate to allow for luminaire arm attachment. The top plate shall be hot dipped galvanized per ASTM 123 and shall be held in place with a stainless steel hex head screw.

1.04 RESIDENTIAL LUMINAIRES/LAMPS

Residential Luminaires shall be Beta LED or approved equal. They are 20 and 40 LED’s.

1.05 BALLASTS

The ballasts shall be Autoreg and operate a 100 watt, 150 watt 200, or 250 watt LED lamp within ANSI trapezoidal limits and have the same wattage rating as the lamps the luminaire is designed for. Ballasts shall be Multivolt (120/208/240/277), and operate on a – 5% line voltage drop, and be Hi Power Factor rated.

1.06 STRATERS/STARTING AIDS

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Starter shall accept NEMA quick disconnect terminals. Starting aids shall be designed to provide the electrical characteristics recommended by lamp manufacturers and have the same wattage rating as the lamps the luminaire is designed for.

1.07 PHOTOELECTRIC CELLS & ASSEMBLY

The photoelectric cell shall be a twist lock type enclosed in a weatherproof high impact butyrate protective housing and 1000 Watt high factor rated. It shall be UL listed and meet all applicable NEMA standards. The photoelectric assembly shall conform to Caltrans Standard Specification.

1.08 CONDUIT

After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.

1.09 HARDWARE

All Mounting hardware, both external and internal, shall be made of stainless steel.

This shall include but is not limited to all nuts, bolts, screws, hinges and other manufactured fasteners. The Contractor shall supply all hardware necessary to mount each luminaire on galvanized steel pole.

1.11 PULL BOXES

Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.

The cover shall be marked with the appropriate application i.e. “Street Lighting”, “Electrical” etc. Six-inch (6”) deep drainage rock shall be placed in the bottoms of all new pull boxes. Grout shall not be used.

* END OF SECTION *

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EXHIBIT B

FEE SCHEDULE

COMPENSATION

A. ROUTINE PROPOSAL ITEMS (Items I, III, and IV)

The Contractor shall provide all work necessary to effectively maintain traffic signals and street lights and parks and City property lights as defined in this proposal. Compensation for annual and monthly work awarded to a sole contractor shall be made monthly based on 1/12
th of the total annual amount
for the annual and monthly work included in the Proposal Items I, III, and IV.

Proposal Items I and III are administered by the Foster City Public Works Engineering Department and therefore, the invoice shall be submitted to Foster City Public Works Engineering Department.

Proposal Item IV is administered by the Foster City Parks and Recreation Department and therefore, the invoice shall be submitted to Foster City Parks and Recreation Department.

B. ON-CALL PROPOSAL ITEMS (Items II, V, VI)

Compensation for on-call maintenance work included in Proposal Items II, V, and VI shall be made on an as-completed basis with the submission of maintenance record logs. Equipment and components shall be paid per unit price as included in the Proposal Schedule. Invoices shall be submitted for payment when the work is completed and operational.

Proposal Items II and V are administered by the Foster City Public Works Engineering Department and therefore, the invoice shall be submitted to Foster City Public Works Engineering Department.

Proposal Item VI is administered by the Foster City Parks and Recreation Department and therefore, the invoice shall be submitted to Foster City Parks and Recreation Department.

C. COST OF LIVING ADJUSTMENT

At the end of each fiscal year, the unit rates included in the proposal may, upon Contractor or City request, be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI) for the past year (June to June). The CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. The

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Contractor shall submit to the Engineer a revised unit price schedule and supporting CPI information for any requested changes.

D. MATERIAL COST ESCALATION

Material cost increases of 1 0% or greater may be billed to the City with supporting vendor documentation attached to the Contractor invoice.

Contractor is responsible for requesting and demonstrating material cost escalations.

E. WAGES PAID TO CONTRACTOR’S WORKERS

Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a “public work” as defined by this Article of the Labor Code and requires payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this prov ision and with Department of Industrial Relations opinions and interpretations relative to traffic signal maintenance. Failure to comply with Labor Code Article 2, Wages, of the Labor Code may result in imposition of statutory penalties enumerated in Labor Code Section 1775.

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The Scope of Work includes routine maintenance work (Proposal Items No. I, III, and IV) and on-call maintenance and repair work (Proposal Items II, V, and VI). On-Call will be performed on an as-needed basis as directed by the City. The annual compensation to CONTRACTOR will be the sum of the total annual amount for routine work and the actual cost of non-routine work based on the unit prices listed below. Under no circumstance shall this annual total sum amount exceed $172,450.00, unless this Agreement is amended to include additional compensation.

PROPOSAL
ITEM No.

DESCRIPTION

ANNUAL

UNIT
UNIT
PRICE

TOTAL ANNUAL
AMOUNT

Routine Traffic Signal Maintenance

1. Intersection & Fire Station Traffic
Signals. (Includes Internally Illuminated
Street Name Signs)

31 Per Month

$2635.00

$ 31,620.00 -

2. VCalm Radar Speed Signs 4 Per Month $200.00 $ 2400.00 -

3. RRFB Systems 8 Per Month $400.00 $ 4800.00 -

4. Dynamic (Blank-Out/CMS) Signs 14 Per Month $700.00 $ 8400.00 - Total Annual Amount Item I $ 47,220.00 -

II.

On-Call Traffic Signal Maintenance ♦♦

1. Single ‘A’ type loop - Each $1000.00 -

2. Single ‘D’ type loop - Each $1000.00 -

3. 4 loop system (1D & 3A) - Each $4000.00 -

4. Back Plate (all types) - Each $120.00 -

5. Visor - Each $25.00 -

6. Cabinet Fan - Each $50.00 -

7. Pedestrian Push Button (non-APS) - Each $75.00 -

8. APS Pedestrian Push Button Assembly - Each $525.00 -

9. LED Ped Countdown - Each $125.00 -

10. #200 Load Switch - Each $30.00 -

11. #204 Flasher Load Switch - Each $30.00 -

12. #222 Detector - Each $120.00 -

13. 12” LED Red Ball - Each $35.00 -

14. 12” LED Red Arrow - Each $35.00 -

15. 12” LED Amber Ball - Each $35.00 -

16. 12” LED Amber Arrow - Each $35.00 -

17. 12” LED Green Ball - Each $35.00 -

18. 12” LED Green Arrow - Each $35.00 -

19. Traficon Video Camera - Each $500.00 -

20. Video Surge Suppressor - Each $100.00 -

21. FLIR TrafiSense Thermal Detection
Camera
- Each $6000.00 -

22. Power Supply - Each $250.00 -

III.

Routine Street Light Maintenance

1. Residential LED’s (20 & 40) 941 Per Month $470.50 $ 5646.00 -

2. Boulevard LED’s (60, 70 & 80) 996 Per Month $498.00 $ 5976.00 - Total Annual Amount Item III $ 11,622.00 -

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IV.

Routine Parks & City Property Light Maintenance ♦

1. 150 Watt H.P.S. 79 Per Month $237.00 $ 2844.00 -

2. 250 Watt H.P.S. 19 Per Month $57.00 $ 684.00 -

3. 400 Watt H.P.S. 9 Per Month $27.00 $ 324.00 -

4. 100 Watt Metal Halide 37 Per Month $111.00 $ 1332.00 -

5. 175 Watt Metal Halide 83 Per Month $249.00 $ 2988.00 -

6. 250 Watt Metal Halide 6 Per Month $18.00 $ 216.00 -

7. 400 Watt Metal Halide 4 Per Month $12.00 $ 144.00 -

8. 1000 Watt Metal Halide 8 Per Month $24.00 $ 288.00 -

9. 25 Watt LED* 21 Per Month $63.00 $ 756.00 -

10. 38 Watt LED* 11 Per Month $33.00 $ 396.00 -

11. 72 Watt LED* 11 Per Month $33.00 $ 396.00 -

12. 120 Watt LED* 8 Per Month $24.00 $ 288.00 -

13. Bollards 59 Per Month $177.00 $ 2124.00 -

14. In-Ground Lights 18 Per Month $54.00 $ 648.00 -

15. “Other” --- Listed on Att. 4 as red
poles 5 Per Month $15.00 $ 180.00 -
*EXPECTED JUNE 2026 Total Annual Amount Item IV $ 13,608.00 -

V. On-Call Street Light Maintenance ♦♦
Replace Street Light Standard* - Each $2500.00 -
*City Supplied materials

VI.

On-Call Parks and City Property Light Maintenance ♦♦
Replace Parks Light Standard* - Each $2500.00 -
Replace City Property Light Standard - Each $2500.00 -
*City Supplied materials

VII.

Materials Markup and Sales Tax for Extra Work ♦♦
Materials Markup for Extra Work
** Assumption based on historical level of
effort for extra work. This does not indicate
the actual amount

10 %

-
Sales Tax for Materials Related to Extra
Work - 9.375% 9.375% -

ANNUAL TOTAL
ANNUAL SUBTOTAL – ROUTINE ITEMS (I, III, IV) $ 72,450.00 AWARD AMOUNT – ON-CALL ITEMS (II, V, VI, VII) $ 100,000.00

TOTAL CONTRACT AMOUNT $ 172,450.00
♦ = See Attachments 3 & 4 for Type, Location and Accessibility ♦♦ = On-Call Scope

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In the event that the CITY requires additional work not included in the on-call related items in Proposal Items I - VI, the City may amend this Agreement to include additional work, which shall be valued according to the following equipment and labor rates, in addition to the markup and sales tax adjustments provided in Proposal Item No. VII.

Equipment and Labor for Extra Work

VIII. Equipment for Extra Work

Labor for Extra Work

Job Classification shall be the classification that reflects the Contractors work crew to be used to perform the type of work generally described herein and shall be a classification that is either as listed or one that most closely approximates the classification listed herein.

End Exhibit B

EQUIPMENT

UNIT UNIT
PRICE

1. Utility Vehicle Hour $ 0

2. Boom/Bucket Truck Hour $ 30.00

3. Dump Truck Hour $ 25.00

4. Excavator Hour $ 0

5. Compressor Hour $ 0

6. Utility Vehicle Day $ 0

7. Boom/Bucket Truck Day $ 120.00

8. Dump Truck Day $ 100.00

9. Excavator Day $ 0

10. Compressor Day $ 0

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EXHIBIT C

INSURANCE FORMS

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 1, 2026, by and between Cal -West and Lighting & Signal Maintenance, Inc , hereinafter referred to as "Contractor”, and the City of Foster City, hereinafter referred to as " City", providing for professional services.

1. Contractor's Duty to Show Proof of Insurance. Contractor , 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 Contractor 's acts, errors, or omissions in connection with the performance of Contractor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Contractor shall not perform any work under this Agreement until Contractor has obtained all insurance required under this section and the required certificates of insuranc e 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 constit ute 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, Contractor 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, Contractor 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. Contractor shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Contractor 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 ar rest 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 Contractor's performance of services under this Agreement. The Comm ercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Contractor 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 “ The City of Foster City and Estero Municipal Improvement District, its elected and appointed officials, employees, volunteers, and agents ”.

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34 ☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($ 1,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

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

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

The above stated insurance coverages required to be maintained by Contractor shall be maintained until the completion of all of Contractor 's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Contractor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Contractor 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. Contractor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled,

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35 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 Contractor is, or becomes during the term of this Agreement, self -insured or a member of a self-insurance pool, Contractor 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 Contractor is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, e mployees, or volunteers shall be excess of the Contractor ’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 Contractor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

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

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

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general a ggregate 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 Contractor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Contractor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Contractor and its subcontractors by virtue of the City's obtaining the project -specific insurance, wrap- up insurance or administering an OCIP, and the exclusion of this project from coverage of Contractor's and subcontractor s policies.

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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 Additio
nal Insured, its elected or appointed
officers, officials, employees or volunteers.

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

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.

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37 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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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LakesideDrChessDrVintge PkDra Gull AveMarlinTriton Dr
AltairAve
BridgepointePwky
Catamaran St
Pitcairn DrBaffin St
Crane AveBeach Park Blvd
Ave
Port Royal Ave
E. Hillsdale Blvd
East Third AveMariners Isl Blvd
MetroenterEdgewaterBlvd
BakerWayComet DrPolynesia DrBalclutha DrFosterCity Blvd Beach Park BlvdBountyDr
Boothbay Ave
Blvd
Chess Dr
Shell BlvdC.ParkLn
No ScaleMarsh Dr
CPolaris Ave
92 92
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)TRAFFIC SIGNAL LOCATIONSATTACHMENT 1 2354
678
911
12 131415161718192021
22 232425
26 2728
30 29
110
31 XXXX--- L E G E N D ---Camera Detection SignalLoop Detection SignalExisting Interconnect Cable

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No.LocationDetection4325678910111213
BackupPower1E. Hillsdale Blvd & Foster City BlvdE. Hillsdale Blvd & Shell BlvdE. Hillsdale Blvd & Center Park LnE. Hillsdale Blvd & Edgewater BlvdE. Hillsdale Blvd & Altair AveVideoVideoVideo/LoopsVideo/LoopsVideoBatteryBatteryMetro Center Blvd & Shell BlvdMetro Center Blvd & Vintage Park DrEdgewater Blvd & Metro Center BlvdFoster City Blvd & Metro Center BlvdE. Hillsdale Blvd & Pilgrim DrMetro Center Blvd & State Route 92Edgewater Blvd & State Route 92Fire Station Emergency SignalBatteryBatteryBatteryBatteryBatteryBatteryVideoVideoLoopsLoopsLoopsVideoVideo17161518192022232425 14Chess Dr & Vintage Park DrChess Dr & State Route 92Foster City Blvd & Chess DrFoster City Blvd & E. Third AveVideoVideoVideoBatteryBatteryE. Third Ave & Marsh DrE. Third Ave & Lakeside DrEdgewater Blvd & Beach Park BlvdFoster City Blvd & Bounty DrFoster City Blvd & Balclutha DrShell Blvd & Recreation CenterBatteryBatteryBatteryBatteryBatteryLoopsVideoVideoLoops21E. Third Ave & Mariners Island BlvdVideoBatteryLoopsLoopsVideoVideoBatteryBatteryBatteryBatteryFoster City Blvd & Vintage Pk Dr/Chess Dr PPBArmsMastIncanLED BallLED ArrowPed HeadsIISNSSignal Section LightsCountdown88888888 6286_

TRAFFIC SIGNAL INVENTORY
864856668888
4424444443425424333444444
______________________
36362736303636363336383627363030332724303639304242
2424624202424193012_342124202620109182016201212
688888886_682864844448888
443444444444_444444424433

1. EXCEPT INTERSECTIONS 22-25 AND 28-31, INTERSECTIONS ARE CONNECTED TO THE CENTRAL SYSTEM BY INTERCONNECT.NOTES:3. INTERSECTIONS 24 & 25 ARE CONNECTED TO THE CENTRAL SYSTEM VIA RADIO TO INTERSECTION 23.4. EXCEPT AS NOTED, ALL INTERSECTIONS ARE EQUIPPED WITH NAZTEC TS2 TYPE 2 CONTROLLERS.2. INTERSECTIONS 22 & 23 ARE CONNECTED TO THE CENTRAL SYSTEM BY TELEPHONE.6. THE FIRE STATION EMERGENCY SIGNAL IS EQUIPPED WITH A TRACONEX 390 CONTROLLER.7. ALL INTERSECTIONS HAVE ALL-WAY EMERGENCY VEHICLE PREEMPTION SYSTEMS INSTALLED.

Vehicle

5. INTERSECTIONS 26 & 27 ARE EQUIPPED WITH NAZTEC TS2 TYPE 1 CONTROLLERS WITH ETHERNET AND USB. 27E. Third Ave & Lincoln Centre DrVideoBattery43_2444326Vintage Park Dr & Lakeside DrVideoBattery84_361284

8. INTERSECTIONS 22, 26, & 27-31 ARE EQUIPPED WITH APS PEDESTRIAN PUSH BUTTONS. ___
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)TRAFFIC SIGNAL INVENTORYATTACHMENT 2

9. THERE ARE 14 LEFT TURN RESTRICTION DYNAMIC SIGNAGE AT INTERSECTIONS 2 & 4. 28293031E. Hillsdale Blvd/Beach Park Blvd & Gull AveShell Blvd & Beach Park BlvdFoster City Blvd & Polynesia DrEdgewater Blvd & Port Royal AveVideoVideoVideoVideo824BatteryBatteryBatteryBattery888____2443 3244881624363912883612 ______

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LakesideDrChessDrVintge PkDra Gull AveMarlinTriton Dr92 AltairAve
BridgepointePwky
Catamaran St
Pitcairn DrBaffin St
Crane AveBeach Park Blvd
Ave
Port Royal Ave
E. Hillsdale Blvd
East Third AveMariners Isl Blvd
MetroCenterEdgewaterBlvd
BakerWayComet DrPolynesia DrBalclutha DrFosterCity Blvd Beach Park BlvdPolaris Ave
BountyDr
Boothbay Ave
Blvd
Chess Dr
Shell Blvd
No ScaleMarsh Dr
4321
879 101112131415161. Community Center2. Library3. Police Dept.4. Fire Dept.5. City Hall6b. Corp Yard Employees7. Catamaran Park8. Sea Cloud park9. Ryan Park10. Constitution Walkway11. Pilgrim Walkway12. Killdeer Park13. Turnstone Park14. Shad Park15. Sunfish Park16. Boat/Bark Park Park & City PropertyLight LocationsCivic Center Dr
6a. Corp Yard
6a6b
5 CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)PARKS & CITY PROPERTY LIGHT LOCATIONSATTACHMENT 3

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1*2
16 56a6b789101112131415
No. & 150w250w400w100w175w250wMetal HalideHPS
-----------------------------33
----4--27----240
79 ---910-9-----
199TOTAL
1217621
-------------37836
-----
--65886
528-----
------
---
(See Attachment 3)3 -----
---------
35 MH In Ground=Red Poles Near Tennis Courts=

PARKS & CITY PROPERTY LIGHT INVENTORY
-
4 400w-8-----
8---------
-------4
-----
--4-
CITY OF FOSTER CITY, CALIFORNIATRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)PARKS & CITY PROPERTY LIGHT INVENTORYATTACHMENT 4 *Community Center, formerly known as Recreation Center, is under construction at the time of the 2025-2028 Traffic Signal & StreetLight Maintenance RFP. Construction is anticipated to be complete FY2026-2027. Lighting fixture quantities are an estimate. ** For 72w input, the input is 36w per zone Other518-
23 -----
---------
LEDLocation25w38w72w**120w
11 8-----
---------------
---------------
---------21-11
2111811
1000w-

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CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 5TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)BOULEVARD SINGLE-ARM ELECTROLIER & FOUNDATION NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1" dia, 40" long with a 4" hook.3. Pole shall be erected plumb and square.4. Top of foundation shall be finished and trimmed to adjacent curb or sidewalk grade. 30'-0"
8'-0"Upward Tilt
Hole/Slot1.13" x 1.69"Bolt Circle11"Pole BaseDiameter8" +0.06"POLE BASEDETAIL#3 Pull Box(Locate Adjacent to Pole for New andModified Installations)12

11.5""CREE-XSP" LED Series Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice

2.0'15' - #4 StrippedBare CopperGround Wire to bewithin bottom 3" ofconcrete footing andnot directly exposedto earth2.0" Sch 40PVC ConduitUse Cage in Foundation6' Long with 4 - #5 RebarVertical and Min. 5 - #2Rebar Horizontal per FoundationCage Detail4 - 1" Dia x 40" LongAnchor Bolts with4" Hook2.5'7.0'

5. Pole and Mast arm shall be manufactured by Union Metal Corptype, or approved equal; hot-dip galvanized steel.

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CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 6TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)BOULEVARD DOUBLE-ARM ELECTROLIER & FOUNDATION30'-0" 8'-0"Upward Tilt
NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1" dia, 40" long with a 4" hook.3. Pole shall be erected plumb and square.4. Top of foundation shall be finished and trimmed to adjacent curb or sidewalk grade.

Hole/Slot1.13" x 1.69"Bolt Circle11"Pole BaseDiameter8" +0.06"POLE BASEDETAIL#3 Pull Box(Locate Adjacent to Pole for New andModified Installations)12

11.5""CREE-XSP" LEDSeries Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice

2.0'15' - #4 StrippedBare CopperGround Wire to bewithin bottom 3" ofconcrete footing andnot directly exposedto earth2.0" Sch 40PVC ConduitUse Cage in Foundation6' Long with 4 - #5RebarVertical and Min. 5 - #2Rebar Horizontal perFoundationCage Detail4 - 1" Dia x 40" LongAnchor Bolts with4" Hook2.5'7.0'

5. Pole and Mast arm shall be manufactured by Union Metal Corp,or approved equal; hot-dip galvanized steel.

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CITY OF FOSTER CITY, CALIFORNIAATTACHMENT 7TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY2026-FY2030)RESIDENTIAL ELECTROLIER & FOUNDATION20'-0" Cage Detail3- #2Rebar2'-6"4- #4Rebar
2 - #10ConductorsFusedConnectors
with 3" HookAnchor Bolts4-1/2" Dia x 12" LgPVC Conduit11/2" Sch 40Foundation Detail2'-9"Cover Plate &Handhole withAnchor BoltWashers at each2 Levelling Nuts & NOTES:1. Foundation shall be constructed from Class A (6 Sack) PCC.2. Anchor Bolts shall be galvanized 1/2" dia, 12" long with a 3" hook.3. Pole shall be erected plumb and square.4. Pole shall be KW SSP or approved equal; Square Non-Tapered Steel; hot-dip galvanized steel. 3" Thich1/2" River RunExposed AggregateBack of Sidewalk11/2" ThickMortar Pad 2'-0" Dia ConcreteFoundationFoundation CageWire to Anchor Bolts(See Detail Below) 2'-8"4-1/2" Dia x 12" LongAnchor Bolts with 3" Hookon 7" Dia Bolt CirclePlanSidewalkResidential ElectrolierBase Plate Cover 4" SquareShaft
Modified Installations)Pole for New and(Locate Adjacent to#31/2 Pull Box PVC Conduit11/2" Sch 401'-8"1/2" River RunExposed Aggregate Ground WireAttachment
15' - #4 Stripped Bare CopperGround Wire to be within bottom3" of concrete footing and notdirectly exposed to earth "CREE-XSP"LED SeriesFixtures

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PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)

This Agreement is made and entered into as of the 20
th day of October by and between
the City of Foster City hereinafter called "CITY" and Bear Electrical Solutions, LLC hereinafter called "CONTRACTOR".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

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

2. Term; Termination. (a) The term of this Agreement shall commence upon July 1, 2026 and shall expire upon completion of performance of services hereunder by CONTRACTOR. The initial contract period shall be July 1, 2026 to June 30, 203 1. The contract may be renewed for one additional year, from July 1, 203 1 to June 30, 2032 . Extensions shall be presumed exercised unless CITY provides notice otherwise . (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONTRACTOR 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)

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CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONTRACTOR 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 CONTRACTOR demanding such cure, in which case CONTRACTOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONTRACTOR 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. 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 this Agreement.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Thousand Dollars ($100,000.00). Invoices for amounts in excess of One Hundred Thousand Dollars ($100,000.00) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONTRACTOR for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONTRACTOR has partially completed one or more deliverables due during a payment period, and if CONTRACTOR demonstrates diligent progress there on, 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 CONTRACTOR shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

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

CONTRACTOR shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

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

The duty of CONTRACTOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the

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California Civil Code; provided, however, that nothing herein contained shall be construed to require CONTRACTOR to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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.

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

15. Non-Discrimination. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national

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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 CONTRACTOR 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 CONTRACTOR 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.

16. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR 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: Amy Zhou

CONTRACTOR: Bear Electrical Solutions, LLC.
1252 Archer St.

Alviso, CA 95002-0924
Attention: Robert Asuncion, Vice President

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

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

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

20. Governing Law. This Agreement shall be 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.

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23. Liability of CITY.

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, aris ing out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONTRACTOR, or by any of its employees, even though such equipment be furnished, rented or loaned to CONTRACTOR by CITY. The acceptance or use of such equipment by CONTRACTOR or any of its employees shall be construed to mean that CONTRACTOR accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONTRACTOR, its employees, CITY employees or third parties, or to property belonging to any of the above.

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26. Entire Agreement . This Agreement, including Exhibits A, B, and C 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: _________________________________ Stacy Jimenez, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONTRACTOR

Dated:

Robert Asuncion, Vice President

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EXHIBIT A

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

DELIVERABLES FOR
TRAFFIC SIGNAL & LIGHTING MAINTENANCE (FY 2026/27 – FY 2030/31)

1.01 SCOPE OF WORK

The scope of work includes the following:

A. Traffic Signal Maintenance

B. Lighting Maintenance

a. Street Lighting: This work includes the maintenance of the City’s Street Lighting System, including safety lights at signalized intersections.

b. Parks & City Property Lighting: This work includes the maintenance of the City’s Parks & City Property Lighting. See Attachments 3 & 4 for locations and types.

The following is a link to the City’s GIS map index:
https://www.fostercity.org/community/page/foster-city-gis-maps

Click on “Public Works,” then select “Streetlights” to access the City’s Street and Parks & City Property Lighting maps.

1.02 NOT USED IN SECTION

1.03 PROPOSAL ITEM I – ROUTINE TRAFFIC SIGNAL MAINTENANCE

Not used.

1.04 PROPOSAL ITEM II – ON-CALL TRAFFIC SIGNAL MAINTENANCE

A. Normal Maintenance Repairs

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The Contractor shall investigate and determine the corrective requirements for each reported malfunction, failure or outage of the traffic signal system.

Incandescent Lamps, LED signal faces, Conflict Monitors, LED Internally Illuminated Street Name Sign Tubes, Signal Safety Lights, Load Switches, Detector Amplifiers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses , Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, Controllers, video detections, preemption systems, battery backup systems, etc.

The Contractor shall also complete record keeping requirements as described below in Section 1.05 A.

B. Furnish, Install, and Replace Equipment or Components

This work includes, but is not limited to, furnishing, installing, and replacing the following equipment or components:

C. Response and Service

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● Internally Illuminated Street Name Sign (IISNS) Tubes – Forty-Eight (48) Hours

c. Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty -one (21) calendar days, unless extended in writing by the Engineer.

C. Consultation

The Contractor shall designate representatives in its organization who shall be available periodically to the Engineer for consultation.

1.05 TRAFFIC SIGNAL MAINTENANCE – ADDITIONAL INFORMATION AND

PROTOCOL

A. Maintenance Records

Contractor shall maintain an inspection and maintenance log to be kept in each controller cabinet using a form approved by the Engineer and shall maintain records as described herein.

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The Contractor shall provide a computerized database capable of storing all service calls and inspection and maintenance activities performed under the contract. A digital monthly report generated from the database shall be sent to the City with the monthly invoice. The report must identify each activity by the date and time, location, nature of the problem, work done, and whether the activity is part of the routine maintenance, service calls, or related to accident, vandalism or specifically authorized wor k. No payment will be made without submittal of the report.

B. Light Emitting Diode (LED) Signal Faces

All traffic signal faces in Foster City are LED’s. All pedestrian signals are LED countdown.

C. Signal Turn-off and Signal on Flash

D. Spare Equipment

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E. Salvaged Equipment

1.06 PROPOSAL ITEM III – ROUTINE STREET LIGHT MAINTENANCE AND PROPOSAL ITEM IV – ROUTINE PARKS & CITY PROPERTY LIGHT

MAINTENANCE

Not used.

1.07 PROPOSAL ITEM V – ON-CALL STREET LIGHT MAINTENANCE AND PROPOSAL ITEM VI – ON-CALL PARKS & CITY PROPERTY LIGHT

MAINTENANCE

A. Normal Maintenance

This equipment and components shall include, but are not limited to the following elements: Lamps, sockets, ballasts, starters, photoelectric cells, fuses, fuse holders, wiring inside the pole, and incidentals.

B. Replace Light Fixture

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C. Response and Service

a. Emergency Service – Two (2) Hours
b. Outages and Malfunctions – Seventy-Two (72) Hours

Emergency Services shall include cleanup of debris due to accidents, installation of barricades and/or signs and leave area in safe condition.

Final repairs and maintenance shall be completed as soon as possible and in all cases in no less than twenty-one (21) calendar days, unless extended in writing by the Engineer.

Repetitive failure shall be deemed sufficient cause for the City to terminate the contract.

1.08 STREET LIGHT MAINTENANCE AND PARKS & CITY PROPERTY MAINTENANCE– ADDITIONAL INFORMATION AND PROTOCOL

A. Maintenance Records

Separate Monthly Survey Log shall be kept for both Street Lighting and for Parks & City Property Lighting.

B. Salvaged Equipment

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taken from the City and disposed of properly by the Contractor at Contractor’s cost.

1.09 PROPOSAL ITEM VII – MATERIALS MARKUP FOR EXTRA WORK – Required for All Awarded Contractors

For any required extra work, the markup will be a set percentage.

1.10 NOT USED IN SECTION

1.11 EXTRA WORK

Where the work involved an item included in the unit price schedule the unit price therefore shall prevail.

1.12 INSPECTION OF NEW OR MODIFIED SIGNAL SYSTEMS

When the City accepts new traffic signal systems into service, they will be included in the contract at the applicable lump sum cost for preventive and normal maintenance and at proposed unit rates for other maintenance as for existing signals, commencing on the date of acceptance of the traffic signal work. The Contractor shall, upon notification by the Engineer, immediately commence servicing such signals. New signals are covered by the installing Contractor’s material and workmanship warranty for one year after acceptance. Where parts or material become defective during this warranty period, the Contractor shall notify the Engineer so that the warranty may be exercised. The City shall be responsible for exercising maintenance and replacement covered by warranty. At expiration of warranty, servicing of signals shall be performed in accordance with these specifications.

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TECHNICAL REQUIREMENTS

TRAFFIC SIGNAL SYSTEM

1.01 DESCRIPTION

1.02 DETECTORS

Detector units shall be shelf -mounted, single channel Intersection Development Corporation (IDC) Model 910A or Model 913A (if delay and extension are required) or approved equal.

1.03 DETECTOR LEAD-IN CABLE & SPLICES

Splices between loop wire and DLC shall be double insulted with heat shrink tubing after thoroughly cleaning, soldering and painting the spliced conductors with electrical insulating coating.

1.04 INDUCTIVE LOOPS

1.05 CONDUIT

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After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.

1.06 LED SIGNAL FACES

1.07 LUMINAIRES

Intersection safety lighting luminaries shall be CREE -XSP or BETA LED’s or approved equal.

1.08 PULL BOXES

Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.

1.09 LED INTERNALLY ILLUMINATED STREET NAME SIGNS

Unless stated otherwise, signs shall conform to Caltrans Standard Specification 87-4 Internally Illuminated Street Name Signs and be of Type A double face standard depth six (6) feet long.

Each sign shall be fitted with an integral photoelectric control unit and a photoelectric cell.

Mounting brackets shall be a free- swinging assembly. Pelco free-swinging mounting bracket assembly or approved equal.

Each sign shall have two (2) safety cables fitted, one at each mounting bracket.

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Each sign shall have two (2) panels i.e., double face. The panels shall be translucent high impact resistant, glass fiber reinforced acrylated resin.

Background color shall be Interstate Blue as furnished by Kruger/Russ Agency, or approved equal with 8” upper and 6” lower case Series C letters.

Electrical service to IISNS shall be on a separate metered circuit and shall be 120V, 1P with a 15A breaker at the service cabinet.

1.10 PEDESTRIAN PUSH BUTTON

1.11 LED PEDESTRIAN COUNTDOWN

1.12 RECTANGULAR RAPID FLASHING BEACON

Components for a solar powered Warning RRFB Crosswalk System include:

The flashing beacon shall have a back-to-back Vehicle LED modules rectangular rapid flashing beacons with side-emitting pedestrian LED modules on both ends.

The XAV2-LED Push Button shall have a R10-25 sign. Control Cabinets in the Crosswalk System shall be synchronized by BlinkerBeam® Wireless Transceivers or approved equal.

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The side mounted controller enclosure shall be a NEMA 3R rated aluminum enclosure and no greater than 15-inches tall, 12-inches wide, and 10-inches deep.

Signposts for flashing beacon system shall be 4 ½” O.D. round aluminum poles with thread bottom per Tapco Heavy Duty Pole Package or approved equivalent complying with Caltrans Standard Plans.

1.13 DYNAMIC SIGNAGE AT EDGEWATER AND SHELL

A minimum of two rows of LEDs shall be used for all text. A minimum of three rows shall be used for all international symbols to provide “filled” elements.

Pelco astro-brackets used for sign mounting.

* END OF SECTION *

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TECHNICAL REQUIREMENTS

STREET LIGHT SYSTEM

1.01 DESCRIPTION

1.01 BOULEVARD STANDARDS

STANDARD

MAST ARMS

PAINTING

The pole shaft, mast arms, and anchor base shall be hot dipped galvanized.

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1.02 BOULEVARD LUMINAIRES

Boulevard LED’s shall be CREE-XSP or BETA LED’s or approved equal. They are 60, 70 and 80 LED’s.

1.03 RESIDENTIAL STANDARDS

1.04 RESIDENTIAL LUMINAIRES/LAMPS

Residential Luminaires shall be Beta LED or approved equal. They are 20 and 40 LED’s.

1.05 BALLASTS

1.06 STRATERS/STARTING AIDS

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1.07 PHOTOELECTRIC CELLS & ASSEMBLY

1.08 CONDUIT

After conductors have been installed, the ends of the conductor terminating in the pull boxes and shall be sealed with the approved type of sealing compound.

1.09 HARDWARE

All Mounting hardware, both external and internal, shall be made of stainless steel.

1.11 PULL BOXES

Pull boxes shall be Caltrans Type 3½, 5 or 6 depending on application and location.

* END OF SECTION *

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EXHIBIT B

FEE SCHEDULE

COMPENSATION

A. ROUTINE PROPOSAL ITEMS (Items I, III, and IV)

Not Used.

B. ON-CALL PROPOSAL ITEMS (Items II, V, VI)

Proposal Items II and V are administered by the Foster City Public Works Engineering Department and therefore, the invoice shall be submitted to Foster City Public Works Engineering Department.

Proposal Item VI is administered by the Foster City Parks and Recreation Department and therefore, the invoice shall be submitted to Foster City Parks and Recreation Department.

C. COST OF LIVING ADJUSTMENT

At the end of each fiscal year, the unit rates included in the proposal may, upon Contractor or City request, be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI) for the past year (June to June). Th e CPI shall be the San Francisco/Oakland Consumer Price Index for all urban wage earners. The Contractor shall submit to the Engineer a revised unit price schedule and supporting CPI information for any requested changes.

D. MATERIAL COST ESCALATION

Material cost increases of 1 0% or greater may be billed to the City with supporting vendor documentation attached to the Contractor invoice.

Contractor is responsible for requesting and demonstrating material cost escalations.

E. WAGES PAID TO CONTRACTOR’S WORKERS

Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a “public work” as defined by this Article of the

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Labor Code and requires payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this provision and with Department of Industrial Relations opinions and interpretations relative to traffic signal maintenance. Failure to comply with Labor Code Article 2, Wages, of the Labor Code may result in imposition of statutory penalties enumerated in Labor Code Section 1775.

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The Scope of Work includes on-call work (Proposal Items II, V, and VI). On-Call work will be performed on an as-needed basis as directed by the City. The annual compensation to CONTRACTOR will be the actual cost of non-routine work based on the unit prices listed below.

Under no circumstance shall this annual total amount exceed $100,000.00, unless this Agreement is amended to include additional compensation.

PROPOSAL
ITEM No.

DESCRIPTION

ANNUAL

UNIT UNIT
PRICE

TOTAL ANNUAL
AMOUNT

II.

On-Call Traffic Signal Maintenance ♦♦

1. Single ‘A’ type loop - Each $600.00 -

2. Single ‘D’ type loop - Each $650.00 -

3. 4 loop system (1D & 3A) - Each $2,450.00 -

4. Back Plate (all types) - Each $357.00 -

5. Visor - Each $100.00 - -

6. Cabinet Fan - Each $167.00 -

7. Pedestrian Push Button (non-APS) - Each $372.00 -

8. APS Pedestrian Push Button Assembly - Each $853.00 -

9. LED Ped Countdown - Each $363.00 -

10. #200 Load Switch - Each $142.00 -

11. #204 Flasher Load Switch - Each $142.00 -

12. #222 Detector - Each $252.00 -

13. 12” LED Red Ball - Each $201.00 -

14. 12” LED Red Arrow - Each $201.00 -

15. 12” LED Amber Ball - Each $201.00 -

16. 12” LED Amber Arrow - Each $201.00 -

17. 12” LED Green Ball - Each $201.00 -

18. 12” LED Green Arrow - Each $201.00 -

19. Traficon Video Camera - Each $3,822.00 -

20. Video Surge Suppressor - Each $543.00 -

21. FLIR TrafiSense Thermal Detection
Camera - Each $9,819.00 -

22. Power Supply - Each $572.00 -

V. On-Call Street Light Maintenance ♦♦
Replace Street Light Standard - Each $2,520.00 -

VI.

On-Call Parks and City Property Light Maintenance ♦♦
Replace Parks Light Standard - Each $2,520.00 -
Replace City Property Light Standard - Each $2,520.00 -

VII.

Materials Markup and Sales Tax for Extra Work ♦♦
Materials Markup for Extra Work - % 10.0 % -
Sales Tax for Materials Related to Extra
Work - 9.375% 9.375% -

AWARD AMOUNT – ON-CALL ITEMS (II, V, VI, VII) $ 100,000.00

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Equipment and Labor for Extra Work

VIII. Equipment for Extra Work

Labor for Extra Work

End Exhibit B

EQUIPMENT

UNIT UNIT
PRICE

1. Utility Vehicle Hour $ 35.00

2. Boom/Bucket Truck Hour $ 35.00

3. Dump Truck Hour $ 30.00

4. Excavator Hour $ 45.00

5. Compressor Hour $ 25.00

6. Utility Vehicle Day $ 105.00

7. Boom/Bucket Truck Day $ 105.00

8. Dump Truck Day $ 90.00

9. Excavator Day $ 135.00

10. Compressor Day $ 75.00

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EXHIBIT C

INSURANCE FORMS

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 1, 2026, by and between Bear Electrical Services, LLC, hereinafter referred to as "Contractor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. Contractor's Duty to Show Proof of Insurance. Contractor , 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 Contractor 's acts, errors, or omissions in connection with the performance of Contractor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Contractor shall not perform any work under this Agreement until Contractor 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 ins urance 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 t he certificate. Upon request, Contractor 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, Contractor 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 certi ficates 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. Contractor shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Contractor 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 ar rest 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 Contractor's performance of services under this Agreement. The Comm ercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Contractor 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.

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30 ☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($ 1,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

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

2. City as Additional Insured

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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31 non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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 Additio
nal Insured, its elected or appointed
officers, officials, employees or volunteers.

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

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.

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33 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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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Vehicle

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11.5""CREE-XSP" LED Series Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice

5. Pole and Mast arm shall be manufactured by Union Metal Corptype, or approved equal; hot-dip galvanized steel.

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Hole/Slot1.13" x 1.69"Bolt Circle11"Pole BaseDiameter8" +0.06"POLE BASEDETAIL#3 Pull Box(Locate Adjacent to Pole for New andModified Installations)12

11.5""CREE-XSP" LEDSeries Fixtures
FOUNDATION CAGEDETAIL1.5'1.5'1.5'1.5'
4 - #5Rebar5 - #2 Rebarwith 18-InchLap at Splice

2.0'15' - #4 StrippedBare CopperGround Wire to bewithin bottom 3" ofconcrete footing andnot directly exposedto earth2.0" Sch 40PVC ConduitUse Cage in Foundation6' Long with 4 - #5RebarVertical and Min. 5 - #2Rebar Horizontal perFoundationCage Detail4 - 1" Dia x 40" LongAnchor Bolts with4" Hook2.5'7.0'

5. Pole and Mast arm shall be manufactured by Union Metal Corp,or approved equal; hot-dip galvanized steel.

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DATE: October 20, 2025

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director City/District Engineer Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: AMENDMENT NO. ONE (1) TO TASK ORDER WITH CONSOR PMCM, INC. FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE FUEL SYSTEMS
IMPROVEMENTS PROJECT (CIP 301-700) AND APPROVING A
SUPPLEMENTAL APPROPRIATION OF $114,640

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions authorizing:

1. The City/District Manager to execute an amendment to the task order with Consor PMCM, Inc. in the amount of $114,640 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

2. A supplemental appropriation of $114,640 to the Fuel Systems Improvement Project (CIP 700) Account 301-0910-700-4251 funded by (a) $28,660 from the Water Enterprise CIP Fund 405; (b) $28,660 from the Wastewater Enterprise CIP Fund 455; and (c) $57,320 from the City CIP Fund 301.

EXECUTIVE SUMMARY

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164

The Fuel Systems Improvements Project (CIP 301-700) (Project) has experienced delays due to unexpected underground obstructions encountered during construction.

These delays have required additional construction management efforts and requires that inspection services be extended by approximately two and a half months to align with the new projected project completion date. Contract Amendment No. One (1) will provide for continuation of the necessary construction management and inspection services by Consor PMCM, Inc. (Consor) in order to complete the project. The established contingency in the amount of $30,000 is insufficient to fully fund the proposed amendment, therefore a supplemental appropriation in the amount of $114,640 is requested.

BACKGROUND
The City/District operates and maintains an unleaded fuel system and a diesel fuel system that provides fuel for the vehicles and equipment owned by the City/EMID including two lagoon pump engines and pumps, the emergency generator serving the Corporation Yard buildings, Lift Station 59, and Lift Station 25. These systems also provide fuel to the San Mateo Consolidated Fire Department.

The existing fueling systems to be replaced include:

1. Two existing 10,000-gallon unleaded fuel tanks, at the front entrance to the Corporation Yard with new above ground tanks next to the Vehicles Maintenance Building inside the Yard;

2. Two existing 5,000-gallon diesel fuel tanks, in an open concrete vault with canopy adjacent to the lagoon pump station building, with new tanks next to the entrance gate between the lagoon pumphouse and Tank 3; and

3. One existing 210-gallon day tank for diesel fuel inside of the lagoon pumphouse.

In addition, the project consists of the replacement of the existing dispensers and fuel control software.

In February 2021, following a competitive procurement, the City/EMID engaged TAIT Environmental Services, Inc. (TAIT), to perform a detailed analysis of the City/EMID’s existing fuel systems, prepare a conceptual engineering assessment, and develop a Technical Memorandum outlining recommendations for improvements for design.

At the Council/Board meeting on May 1, 2023, the Council/Board adopted City Resolution No. 2023-42 and EMID Resolution No. 3718 awarding a contract for professional engineering services for CIP 301-700 to TAIT for the development of project contact documents, consisting of plans, specifications, and engineer’s estimate for this project.

At the Council/Board meeting on October 21, 2024, the Council/Board adopted City Resolution No. 2024-108 and EMID Resolution No. 3779 approving the plans and specifications and authorizing the call for bids for the subject project.

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165

At the Council/Board meeting on December 16, 2024, the Council/Board adopted City Resolution No. 2024-131 and EMID Resolution No. 3787 awarding construction contract to West Star Environmental, Inc. and construction management and inspection services to Consor.

ANALYSIS
The construction Notice to Proceed (NTP) directed the contractor to begin work on May 5, 2025, with a contractual completion date of September 17, 2025. Based on this schedule and the projected schedule for the Lift Station 59 Effluent Line Improvements Project (CIP 695), Consor developed a staffing plan that reduced overall inspection costs by anticipating the ability to share an inspector half-time for each project.

During excavation for the canopy for the fuel dispensers and tank foundations at the Corporation Yard, several unforeseen utility conflicts were encountered. Utilities were not accurately shown on City records or project plans, which led to delays and required re- design of key project elements.

These issues have caused an estimated two-and-a-half-month delay, moving the expected project completion date from September 17, 2025 to December 1, 2025. This has led to an extension of ongoing on-site inspection services needed from the Construction Manager, Consor.

Amendment No. One (1) provides for an additional two-and-a-half-months of inspection services through the revised projected completion date of December 1, 2025. Staff have reviewed the project schedule and found this amendment of $114,640 reasonable given the status and progress of construction. The original construction management contingency in the amount of $30,000 is insufficient to fully fund the proposed amendment, and the project is lacking budget for the full amendment amount, therefore a supplemental appropriation is needed as summarized in the table below.

Budget Current Requested
Appropriation Revised
Vehicle Replacement Fund $327,946 $327,946
City CIP Fund 301 $1,947,054 $57,320 $2,004,374
Water CIP Fund 405 $973,500 $28,660 $1,002,160
Wastewater CIP Fund 455 $973,500 $28,660 $1,002,160
TOTAL Budget $4,222,000 $114,640 $4,336,640
Anticipated Expenditures Current Requested
Amendment Revised
Design and Permitting (Tait) $295,152 $295,152
Design Contingency $29,515 $29,515
Construction $3,147,259 $3,147,259
Construction Contingency $315,000 $315,000

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166

Construction Management & Inspection $303,270 $114,640 $417,910 CM Contingency $30,000 $30,000
Miscellaneous $100,000 $100,000
TOTAL $4,220,196 $114,640 $4,334,836
It is recommended that the existing contingency remain available to expediently address any future issues that may arise prior to the end of construction.

CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3)

FISCAL IMPACT
As shown in the table above, the proposed resolution would appropriate an additional $114,640 to the Fuel Systems Improvement Project Account 301-0910-700-4251 from the:
Water Enterprise CIP Fund 405 – 25% ($28,660),
Wastewater Enterprise CIP Fund 455 – 25% ($28,660), and City CIP Fund 301 – 50% ($57,320).

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Task Order Amendment CON2024-02 with Consor for Construction Management Services

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167

3 8
8 9
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AMENDMENT 1 TO THE TASK ORDER WITH CONSOR PMCM, INC. (CONSOR) FOR CONSTRUCTION MANAGEMENT AND INSPECTIONS SERVICES FOR THE FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700) IN THE AMOUNT OF $114,640; A SUPPLEMENTAL APPROPRIATION OF $114,640 TO (CIP 700) ACCOUNT NUMBER 301-0910-700-4251; AND FINDING THE APPROVAL

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

CITY OF FOSTER CITY
WHEREAS, the City’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, on December 16, 2024, the City Council adopted City Resolution No. 2024-131 awarding a construction contract to West Star Environmental, Inc. and construction management and inspection services contract to Consor; and WHEREAS, due to unforeseen underground conflicts encountered during construction, the project completion date has been delayed by approximately two-and-a- half months; and
WHEREAS, the continuation of construction management and inspection services is necessary to complete the project; and
WHEREAS, the established contingency for construction management services in the amount of $30,000 is insufficient to fully fund the additional scope of work required to complete the project; and
WHEREAS, total funding in the amount of $4,222,000 is approved for CIP 301- 700 project budget; and
WHEREAS, the current project budget does not include sufficient funding to accommodate the additional scope of work; and
WHEREAS, the Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

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

6.6 Attachment 1 - City Resolution

168

3 8
8 9

1. The City Manager to execute Amendment No. One (1) to the Task Order with Consor PMCM, Inc. in the amount of $114,640 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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169

3 8
9 0
RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING AMENDMENT 1 TO THE TASK ORDER WITH CONSOR PMCM, INC. FOR CONSTRUCTION MANAGEMENT AND

INSPECTIONS SERVICES FOR THE FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700) IN THE AMOUNT OF $114,640; A SUPPLEMENTAL APPROPRIATION OF $114,640 TO ACCOUNT NUMBER 301-0910-700-4251; AND FINDING THE

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

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, on December 16, 2024, the Board of Directors adopted EMID Resolution No. 3787 awarding construction contract to West Star Environmental, Inc. and construction management and inspection services contract to Consor; and WHEREAS, due to unforeseen underground conflicts encountered during construction the project completion date has been delayed by approximately two-and-a- half months; and
WHEREAS, the continuation of construction management and inspection services is necessary to complete the project; and
WHEREAS, the established contingency for construction management services in the amount of $30,000 is insufficient to fully fund the additional scope of work required to complete the project; and
WHEREAS, total funding in the amount of $4,222,000 is approved for CIP 301- 700 project budget; and
WHEREAS, the current project budget does not include sufficient funding to accommodate the additional scope of work; 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:

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170

3 8
9 0

1. The District Manager to execute Amendment No. One (1) to the Task Order with Consor PMCM, Inc. in the amount of $114,640 for Construction Management & Inspection services for the Fuel Systems Improvements Project (CIP 301-700); and

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 20 th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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171

4926-4319-3452 v1

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT TASK ORDER AMENDMENT NO. ONE (1)
TO TASK ORDER NO. CON-2024-02
DATE: October 20, 2025
PROJECT NAME: CIP 700 – FUEL SYSTEMS IMPROVEMENTS PROJECT TO: Consor PMCM, Inc.

CHANGE REQUESTED BY: Consor PMCM, Inc. and City of Foster City/Estero Municipal Improvement District
Based on mutual agreement, Consor PMCM, Inc. and City of Foster City / Estero Municipal Improvement District agree to amend the original Task Order No. CON-2024- 02, dated December 17, 2024 (“Original Task Order”) pursuant to Section 17 of the Master Professional Services Agreement dated August 5, 2024, to add additional work for specified amounts, which are identified as follows:

ORIGINAL TASK ORDER AMOUNT $ 303,270
AMOUNT OF TASK ORDER AMENDMENT NO. ONE (1) $ 114,640
REVISED TASK ORDER AMOUNT $ 417,910
Additional work included in the contract amendment:

Additional Task

1.1 Construction Inspection -Additional 3 months (65 working days) of full-time onsite inspection to track work for compliance with contract requirements, any extra work performed, producing daily inspection reports and photos, directing corrective actions to be taken by Contractor, and review of materials and
equipment delivered to site for compliance with submittals and contract documents.

1.2 Meeting & Coordination – Additional 30 hours of work for continued weekly meeting agendas, running meeting,
producing minutes, and general project coordination during the 65 working days expected to remain.
$ 107,640
$ 7,000
Subtotal $ 114,640
REVISED TASK ORDER AMOUNT $ 417,910

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172

4926-4319-3452 v1
Except as specifically modified herein, all other terms and provisions in the Task Order No. CON-2024-02 shall remain unchanged.

Consor PMCM, Inc. have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

IN WITNESS WHEREOF, the City/ Estero Municipal Improvement District and Consor PMCM, Inc. have executed this Task Order Amendment Number One, which shall be effective as of the date identified above, regardless of when it is executed .

ACCEPTED BY:

Ismael Pugeda DATE

CONSOR PMCM, INC
APPROVED FORDISTRICT:

Stefan Chatwin DATE

CITY/DISTRICT MANAGER
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK/DISTRICT SECRETARY
APPROVED AS TO FORM:

BY: ___________________________________
BENJAMIN L. STOCK, CITY/DISTRICT ATTORNEY

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173

DATE: October 20, 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, Public Works Director
DEPARTMENT: Public Works
SUBJECT: TASK ORDER 2025-03 WITH EKI ENVIRONMENT & WATER, INC. (EKI) IN THE AMOUNT OF $69,900 FOR PROFESSIONAL
CONSULTING SERVICES TO DEVELOP THE 2025 URBAN

WATER MANAGEMENT PLAN AND WATER SHORTAGE

CONTINGENCY PLAN

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) adopt the attached resolution:

1. Authorizing the President to execute Task Order 2025-03 with EKI Environment & Water, Inc. (EKI) in the amount of $69,900 for professional consulting services to develop the 2025 Urban Water Management Plan (UWMP), which includes the Water Shortage Contingency Plan (WSCP) as a required component; and

2. Establish a contingency in the amount of $14,000 with authority given to the District Manager or his designee to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
California urban water suppliers serving over 3,000 customers or delivering more than 3,000 acre-feet annually are required to prepare a UWMP every five years. These plans address long-term water supply, demand, reliability, and include a WSCP to direct responses to droughts or supply disruptions. As an urban supplier of water providing water to over 30,000 customers, EMID is required to develop a UWMP and WSCP.

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EKI is experienced in the preparation of UWMPs statewide and was selected in accordance with the City’s purchasing policy, via a Master Agreement, under which EMID can access on-call services through the issuance of Task Orders.

BACKGROUND/ANALYSIS
Assembly Bill 797, also known as the Urban Water Management Planning Act, passed by the California legislation in 1983 (subsequently amended by AB 2661), requires that urban water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, develop an UWMP to address changing conditions related to water sources, water availability, water demands, and water reliability for the future. In 1991, the State added the requirement to include a WSCP to outline the water supplier’s response and plan for changes or shortages in water supplies. Water suppliers are required to update and submit their UWMP to the Department of Water Resources every five years.

As an urban supplier of water providing water to over 30,000 customers, EMID is required to develop a UWMP and WSCP. The EMID Board of Directors adopted the 2020 UWMP and WSCP on July 19, 2020. The deadline for submittal of the 2025 UWMP and WSCP is July 1, 2026.

UWMPs contain technical planning documents that set expectations about future water supply needs, the availability of water supplies, the need to secure existing water supplies or obtain additional water supplies, and ultimately the ability of a community to sustain growth. In addition, UWMPs serve to communicate water supply reliability, demand projections, and resource planning strategies to the community, developers, and other stakeholders.

As a required component of the UWMP, the WSCP outlines how a water supplier will prepare for and respond to water shortages caused by drought or disruptions in supply.

It identifies water shortage stages and specifies demand reduction measures required in each stage. Water shortage stages are typically implemented in response to drought declarations on a regional or statewide level.

The development of the 2025 UWMP will include alignment with new regulations and review of water supply availability. Making Conservation a California Way of Life, a regulatory framework adopted in 2024, aims to improve urban water use efficiency by establishing customized conservation targets for water suppliers and will be considered as part of UWMP development. Additionally, the development of the UWMP will also consider supply availability uncertainties that stem from several evolving factors, such as the implementation of the Bay-Delta Plan Amendment, the potential Healthy Rivers and Landscapes voluntary agreement, and the San Francisco Public Utilities Commission’s (SFPUC) Alternative Water Supply Plan. The 2025 UWMP will integrate regulatory compliance and scenario planning to develop a guidance document that will inform water supply management for the next five years.

EKI has extensive experience preparing UWMPs and WSCPs and has demonstrated its capability by preparing the 2020 UWMP for EMID as well as multiple other agencies,

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including Burlingame, California Water Service, East Palo Alto, Hayward, Menlo Park, North Coast County Water District, Redwood City, and Westborough Water District. EKI has also worked with EMID on the expansion and upgrade of the Wastewater Treatment Plant. On January 21, 2025, the EMID Board adopted EMID Resolution No. 3791 approving a Master Services Agreement for Water and Wastewater Engineering Services with several firms, including EKI, under which EMID can access on-call services through the issuance of Task Orders. Staff will oversee the development of the 2025 UWMP and WSCP, as well as provide data and other relevant information that are needed to support EKI’s work. It is anticipated that the Draft UWMP and WSCP will be completed in May 2026, followed by a public hearing and adoption of the final Plans in June 2026. The adopted Plans will then be submitted to Department of Water Resources by the July 2026 due date.

CEQA
The preparation and adoption of Urban Water Management Plans is exempt from CEQA pursuant to Section 15282 (v) per the provisions of Section 10652 of the Water Code.

FISCAL IMPACT
The full cost of the 2025 Urban Water Management Plan was assumed in the approved FY 2025-26 budget such that funding is available in Account No. 128-0838-419-4251 General Plan Maintenance Fund in the amount of $100,000. The account is funded by fees collected at the time of building permit issuance and provides a dedicated source for updates related to the General Plan and associated documents. The proposed fee for the scope of work is $69,900. Additionally, a project contingency in the amount of $14,000 is recommended to pay for any additional requirements that may be included in the Final UWMP Guidebook, which is expected to be released in late 2025 by the Department of Water Resources.

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

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Task Order

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3 9
0 0
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AUTHORIZING THE EXECUTION OF TASK ORDER 2025- 03 WITH EKI ENVIRONMENT & WATER, INC. IN THE AMOUNT OF $69,900 TO DEVELOP THE 2025 URBAN WATER MANAGEMENT PLAN AND WATER
SHORTAGE CONTINGENCY PLAN; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $14,000 WITH AUTHORITY GIVEN TO THE DISTRICT MANAGER TO EXECUTE CONTRACT AMENDMENTS UP TO THE CONTINGENCY AMOUNT;

AND FINDING THE APPROVAL EXEMPT FROM CEQA PURSUANT TO SECTION 15282 (v) OF THE CEQA GUIDELINES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Assembly Bill (AB) 797 (Water Code Section 10610 et seq.), known as the Urban Water Management Planning Act, enacted by the California Legislature during the 1983-1984 Regular Session, which subsequently has been amended by AB 2661, mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually, prepare an Urban Water Management Plan (UWMP); and
WHEREAS, Estero Municipal Improvement District (EMID) is an urban supplier of water providing water to over 30,000 customers; and
WHEREAS, the UWMP addresses long-term water supply, demand, and reliability and includes a Water Shortage Contingency Plan (WSCP) to outline the water supplier’s response and plan for changes or shortages in water supplies; and WHEREAS, the UWMP and WSCP are required to be updated every five years; and
WHEREAS, EMID updated and adopted its UWMP and WSCP in 2020 per EMID Resolution No. 3596 and EMID Resolution No. 3597, respectively, in compliance with requirements; and
WHEREAS, EKI Environment & Water, Inc. (EKI) has extensive experience preparing UWMPs and WSCPs, and has demonstrated its capability by preparing the 2020 UWMP for EMID as well as multiple other agencies; and WHEREAS, EKI has an approved Master Services Agreement with EMID for Water and Wastewater Engineering Services under which EMID can access on-call professional services by Task Order; and

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0 0
WHEREAS, the full cost of the 2025 Urban Water Management Plan was assumed in the approved FY 2025-26 budget such that funding is available in Account No. 128- 0838-419-4251 General Plan Maintenance Fund; and
WHEREAS, the preparation and adoption of Urban Water Management Plans is exempt from CEQA pursuant to Section 15282 (v) per the provisions of Section 10652 of the Water Code.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:

1. Authorize the President to execute Task Order 2025-03 with EKI Environment & Water, Inc. in the amount of $69,900 to develop the 2025 UWMP and WSCP; and

2. Establish a contingency in the amount of $14,000 with authority given to the District Manager or his designee to execute contract amendments up to the contingency amount.

BE IT FURTHER RESOLVED that the President is hereby authorized to execute the Task Order, with minor, non-substantive revisions that may be approved by the City Attorney, and to execute any other necessary documents to effectuate the terms of the Task Order.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 20th day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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TASK ORDER NO. EKI-2025-03

TO WATER AND WASTEWATER ENGINEERING SERVICES AGREEMENT
This Task Order No. EKI-2025-03 ("Task Order") is made and entered into by and between the Estero Municipal Improvement District (“District”) and EKI Environment & Water, Inc. ("Consultant").

RECITAL
A. District and Consultant entered into an agreement entitled Master Civil Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform Water and Wastewater Engineering services in accordance with Task Orders issued by the District.

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 "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, District will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $69,900 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 District.

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

Estero Municipal Improvement District Consultant
_____________________________ _________________________ By: Stacy Jimenez By: David Umezaki
Title: President Title: Principal in Charge
Date: _________________________ Date: _____________________

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Exhibit A

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

PROFESSIONAL WATER AND WASTEWATER ENGINEERING SERVICES
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025 by and between EKI Environment & Water, Inc, hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

Description of the Project:

Prepare the Estero Municipal Improvement District’s 2025 Urban Water Management Plan (UWMP), including the required component of the Water Shortage Contingency Plan (WSCP).

1.1. Project Management and Kick-Off Meeting

1.1.1. This task consists of initial preparatory work to set up and manage the project, with an emphasis on transparency and coordination, as well as continued management throughout the duration of the project.

1.2. Prepare Water Supply and Demand Assessment

1.2.1.Current and Future Population Estimates Per prior UWMP efforts, we have assumed that we will rely on information provided by the District, the 2020 Census data, California Department of Finance data, Association of Bay Area Governments (ABAG), the BAWSCA Demand Study, and/or DWR’s population tool to estimate current population. EKI will also review population and employment projections incorporated in the BAWSCA Demand Study that is anticipated to be provided by BAWSCA and assess whether they accurately reflect District planning documents and information.

1.2.2.Current and Future Water Demand Estimates -EMID will provide EKI with complete (final) water use records in total and by customer sector between 2020 and 2025 as well as information related to distribution system losses, based on validated annual reports from the Water Loss Program. EKI will compare the results to the assumptions included in the BAWSCA Demand Study and will alert the EMID of any discrepancies. In coordination with the EMID, EKI will make necessary revisions to water demand factors and/or population and employment growth projections The 2025 UWMP will describe how the demand projections incorporate land use information, water savings from codes and standards, and climate change, as required by California Water Code (CWC) §10631(a), §10631(d)(4)(A), and §10631(b)(1). Current and future water demands will be presented by customer classes, including distribution system losses, and presented in five-year increments through 2050, and on an annual basis through 2030.

1.2.3.Senate Bill x7-7 Per-Capita Water Usage Analysis - EKI will complete a water use analysis to demonstrate continued compliance with the Water Conservation Act of 2009 (Senate Bill X7-7 [SBX7-7]) and account for potential implications of the SB 606/Assembly Bill (AB) 1668 Urban Water Use Objective (UWUO). Pursuant to SBX7-7 and preliminary guidance from DWR, the EMID’s 2025 UWMP will need to report compliance with 2020 water use targets if EMID was compliant in 2020 and there were no

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service area changes between 2020 and 2025. It is assumed that limited analysis will be required as the EMID was well below its SBX7-7 target in 2020 and there were no service area changes. This subtask will also leverage findings from the 2025 UWUO Report and the BAWSCA Demand Study

1.2.4.Water Supply and Reliability Estimates – EMID’s water supply will be analyzed in five-year increments for the next 25 years for both normal conditions and an extended five-year drought period. To the extent appropriate, the 2025 UWMP will incorporate information regarding the source, nature, and projected availability of the District’s current and projected future water supplies, including any future water projects and/or water transfers, based on information provided by the SFPUC and BAWSCA The 2025 UWMP will also discuss any potential future water supplies considered by the District, including projects identified in the SFPUC Alternative Water Supply Program (AWSP) and BAWSCA Strategy 2050 (Strategy), and supply reliability and/or constraints identified by EMID.

1.2.5.Evaluation of Supply Versus Demand - EKI will compare the District’s total projected water supply to projected water demand in five-year increments for the next 25 years, for normal years and an extended five-year drought period. To the extent that there are significant shortfalls or uncertainties identified, EKI will bring these issues to the District’s attention so that they can be addressed prior to drafting the Administrative Draft UWMP.

1.2.6.Conduct District Workshop #1 - District Workshop #1 will include a presentation of the information identified above and will consist of an approximately one- to two-hour meeting with appropriate staff and stakeholders as identified by the District. During District Workshop #1, EKI will obtain input regarding the presentation of initial findings and guidance from the District on how to include the information in the Administrative Draft UWMP.

1.3. Water Shortage Contingency Planning and Incorporation of Water Conservation Information

1.3.1.Evaluation of Historic, Current and Projected Future Water Conservation - EKI will work with EMID staff to incorporate appropriate water conservation information into the 2025 UWMP based on the revised Demand Management Measure (DMM) framework required per Assembly Bill 2067 and California Water Code (CWC) §10631.

1.3.2.Conduct District Workshop #2 - District Workshop #2 will include a presentation of the information identified above and will consist of a one hour teleconference meeting with appropriate stakeholders as identified by the District. During District Workshop #3, EKI will obtain input from the District and Stakeholders regarding the content and potential effectiveness of the current WSCP and how best to include the information in the Administrative Draft UWMP

1.4. Prepare and Submit Administrative Draft, Public Draft, and Final 2025 UWMP Administrative Draft UWMP and Public Draft UWMP

1.4.1.Administrative Draft UWMP and Public Draft UWMP - Based upon the results of Tasks 1 through 3, EKI will prepare an Administrative Draft UWMP. EKI will provide one (1) electronic Word version of the Administrative Draft UWMP to District staff for a 30-day review and comment period. EKI will incorporate the District’s comments as

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appropriate and produce a Public Draft UWMP. EKI will provide one (1) electronic PDF version of the Public Draft UWMP to District staff for public and regional agencies’ review. Following a 30-day review period, EKI will communicate with key District staff to discuss comments received by the District as a result of external review and to agree on an approach to modify the Public Draft UWMP. EKI will attend and present at the public hearing when final adoption of the UWMP is considered (included in Task

1.4.2.Preparation and Filing of Final UWMP -As appropriate, EKI will incorporate comments received on the Public Draft UWMP and at the public hearing into a Final 2025 UWMP, as well as the District Board resolution to adopt the 2025 UWMP. Within 30 days of District Board adoption, EKI will forward the Final 2025 UWMP on the District’s behalf to DWR, the California State Library, and the San Mateo County Library.

The Final 2025 UWMP will be delivered, including supporting documentation in electronic formats: Adobe PDF format; Microsoft Word, and Microsoft Excel.

1.5. Public Outreach

1.5.1. This task includes support for public outreach elements of the UWMP, including: (1) drafting the coordination letters and notices required by CWC Sections 10621(b) (notice of plan review) ; Section 10620(d)(2) ( coordination with agencies); and Section 10642 (pubic hearing and noticing requirements); (2) engaging in-District stakeholders as directed by the District in District Workshops and Draft Review Meetings; and (3) attending and presenting at one District Board meeting.

PAYMENTS

1.The maximum payment to CONSULTANT under this Agreement for the Project shall be: $69,900

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

Compensation for Consultant’s Services shall be on a time-and-expense reimbursement basis.

3.TIMES OF PAYMENTS.

On a monthly basis/as invoices are received per pricing in agreement

PROJECTS AND SCHEDULE
EKI is prepared to start work on the above Scope of Work immediately upon authorization from the District to proceed. We propose to work with the District to complete the project in advance of the DWR-required submittal date of July 1, 2026.

We will inform the District of any issues that arise that may affect the schedule for completion or impact the anticipated level of effort. If there are significant delays in the information available from BAWSCA, SFPUC and/or DWR, the task-level schedules may shift, however the final UWMP will be completed and submitted to DWR by July 1, 2026.

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6.7 Attachment 2 - Task Order

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2 8
9 DATE: October 20, 2025

TO: President and Members of the EMID Board of Directors VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager

FROM: Andrew Brozyna, Public Works Director/District Engineer Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Jerrick Carandang, Associate Civil Engineer
DEPARTMENT: Public Works
SUBJECT: EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP
455-705) – APPROVAL OF A SECOND EQUIPMENT

PREPURCHASE PACKAGE AND AUTHORIZATION TO CALL

FOR BIDS

RECOMMENDATION
It is recommended that the District Board adopt the attached resolution approving the prepurchase package and authorizing the call for bids for the remaining seven (7) emergency generator systems and seven (7) automatic transfer switches for the Emergency Generator Replacements Project (CIP 455-705); and find that the Project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15302 (Class 2).

EXECUTIVE SUMMARY
CIP 455-705 addresses the replacement of emergency generator systems (generators) and automatic transfer switch (ATS) equipment at ten (10) of the District’s lift stations.

Due to the long lead time of equipment, staff developed separate prepurchase packages to order generators and ATSs during the design phase so that delivery of the equipment coincides with the project timeline for construction. The first prepurchase package prioritized Lift Stations 22, 29 and 59 equipment as the expected lead time was the longest. These three (3) generators and their equipment have been approved for

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9 purchase, ordered and are currently in production. The prepurchase package for the remaining seven (7) generators and seven (7) ATSs is ready for bid. The lead time for delivery of the additional seven (7) generators and ATSs is estimated to be approximately 30 to 50 weeks once the supplier has been selected and the order has been placed.

The District Board approval of the attached pre-purchase package will allow staff to advertise the package for bidding and proceed with the equipment procurement. Funding is available in the budget for the CIP to purchase this equipment.

BACKGROUND
CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators at ten (10) of the District’s wastewater lift stations (Lift Stations 10, 12, 14, 15, 16, 22, 26, 29, 41 and 59) and associated ATSs with exception of the ATS equipment at Lift Station 22 which was deemed to be in good condition. The existing generators and ATS equipment scheduled for replacement have reached the end of their useful lives.

On May 20, 2024, the District Board adopted EMID Resolution No. 3757 approving the equipment procurement bid package and authorizing the call for bids for three (3) generators and two (2) ATSs for Lift Stations 22, 29, and 59. These three generators had the longest expected lead time.

On August 19, 2024, the District Board adopted EMID Resolution No. 3772 authorizing a vendor agreement with Bay City Electric Works for the purchase of three (3) generators and two (2) ATSs for Lift Stations 22, 29, and 59 in the amount of $1,587,158.

On April 7, 2025, the District Board adopted EMID Resolution No. 3795 approving an amendment to the vendor agreement with Bay City Electric Works to allow for the purchase of two (2) EPA Tier 4 certified generators for Lift Station 22 and Lift Station 29 in the amount of $127,978.

In April 2025, a technical memo, including an initial assessment and recommendations for design, was prepared by Freyer & Laureta, Inc. (F&L) (Design Consultant) for the seven (7) remaining Lift Station locations. Subsequent site visits were conducted by F&L to provide recommendations for replacement sizes and location as part of the development of the second procurement package.

ANALYSIS
Due to the long lead time for the generators, it is recommended that a 2nd separate procurement be conducted to purchase the equipment for the seven (7) remaining Lift Station locations as a City furnished item prior to completion of the construction documents. It is estimated the lead time for the seven (7) new generators and ATS replacements is approximately 30 to 50 weeks. While the products are on order, the

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9 design team will continue to advance the development of the design drawings and project specifications to align delivery with the project’s construction timeline. This will minimize the effects of supply chain issues including potential future price increases and reduce potential delay claims by the installation contractor.

The attached equipment pre-purchase package was prepared by the design team and staff and approved by the City Attorney. It includes the EMID Vendor Agreement for Products, Plans, and Technical Specifications. Staff has deemed the package complete and ready for bidding.

The District Board action will allow staff to advertise the prepurchase package for the generators and ATSs for bidding. Staff anticipate bringing the award of the EMID Vendor Agreement Contract to the District Board in January 2026 based on the schedule below.

Action Timeframe
Approval of Pre-Purchase Package &
Authorization to Call for Bids
October 20, 2025
Advertisement/Bidding October – November 2025
Bid Opening December 2025
Award of Contract January 2026

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT
Total engineering cost estimates for the seven emergency generator systems and seven automatic transfer switches are $750,000. Funding for the equipment prepurchase is available in the CIP 455-705 Emergency Generator Replacement Project budget, which has a total approved budget of $6,200,000.

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

Attachment 1 - Resolution
Attachment 2 - Pre-purchase Package

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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE EQUIPMENT PREPURCHASE PACKAGE AND AUTHORIZING THE CALL FOR BIDS FOR SEVEN (7) EMERGENCY GENERATOR SYSTEMS AND SEVEN (7) AUTOMATIC TRANSFER SWITCHES FOR THE EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP 455-705) AND

FINDING THAT THE PROJECT IS EXEMPT PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15302 (CLASS 2)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 addresses the replacement of emergency generators and automatic transfer switch (ATS) equipment located at ten (10) of the District’s lift stations; and
WHEREAS, the ten (10) emergency generator systems (Generators) and ATSs at the ten lift stations have been chosen because they have reached the end of their useful lives; and
WHEREAS, it was determined beneficial to separately procure the equipment as City furnished items, while the project design is underway to keep its delivery in sync with the construction timeline, avoid supply chain issues including potential future price increases, and reduce potential delay claims by the installation contractor; and WHEREAS, a pre-purchase package for the three Generators and ATSs at Lift Stations 22, 29, and 59 was previously prepared and bid and equipment ordered; and WHEREAS, a pre-purchase package for the remaining seven (7) Generators and ATSs was prepared and is ready for bid; and
WHEREAS, the estimated the lead time to procure the seven Generators and seven ATSs is estimated to be 30 to 50 weeks; and
WHEREAS, this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced; and WHEREAS, funding is available in the budget for CIP 455-705 Emergency Generator Replacement Project.

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NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:

1. Approve the equipment prepurchase package and authorize the call for bids for seven (7) emergency generator systems and seven (7) automatic transfer switches for the Emergency Generator Replacements Project (CIP 455-705).

2. Find that the Project is categorically exempt pursuant to CEQA Guidelines Section 15302 (Class 2).

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 20 th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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1 Updated 09/16/2025

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
CIPP 455-705 EMID Emergency Generator Replacement

This Agreement is made and entered into as of the _ ____ day of _______, 20___ by and between the Estero Municipal Improvement Distri ct, hereinafter called "DISTRICT," and _________, hereinafter called "VENDOR."

RECITALS

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

A. That DISTRICT desires to engage VENDOR to provid e a product and/or services to the DISTRICT;

B. That VENDOR is specially trained, experienced a nd competent to perform and has agreed to provide the product and/or services to the DISTRICT and;

C. That the DISTRICT has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

Timely delivery of the product specified in said Ex hibit A is hereby made an obligation of VENDOR under this Agreement, subje ct to any changes that may be made subsequently hereto upon the mutua l written agreement of the said parties.

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

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2 Updated 09/16/2025

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

2. Term; Termination. (a) The term of this Agreemen t shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, DI STRICT may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as DISTR ICT may determine in its sole discretion. (c) DISTRICT may terminate pe rformance of the services under this Agreement in whole, or from tim e to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten ( 10) calendar days of the date of DISTRICT’s written notice to VENDOR demandi ng such cure, in which case VENDOR shall be liable to DISTRICT for a ll loss, cost, expense, damage and liability resulting from such b reach and termination. (d) DISTRICT may terminate performance of the servi ces under this Agreement in whole, or from time to time in part, f or convenience, whenever DISTRICT determines that such termination is in DISTRICT’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR sh all continue its work throughout the course of any dispute, and VEND OR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total o f compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless additional amounts have been approved i n advance of supplying the product, performing the services or i ncurring the costs and expenses by DISTRICT’s District Manager (for contra cts less than $50,000) or District Board of Directors (for contra cts $50,000 or more) evidenced by motion duly made and carried and a wri tten contract amendment having been executed.

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3 Updated 09/16/2025

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

4. Additional Services. In the event DISTRICT desir es the delivery of additional products or performance of additional se rvices not otherwise included within Exhibit A, such products or service s shall be authorized in advance by DISTRICT’s District Manager (for contracts less than $50,000) or District Board of Directors (for contracts $50,0 00 or more) by motion duly made and carried. Such amendment to this Agree ment shall include a description of the product to be delivered or ser vices to be performed thereunder, the maximum compensation and reimbursem ent of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Exce pt to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing ser vices and costs and expenses incurred relating thereto. Said records sh all be available to DISTRICT for review and copying during regular busi ness hours at VENDOR’s place of business or as otherwise agreed upon by the parties.

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

7. Documents. All documents, plans, drawings, rende rings, and other papers, or copies thereof, as finally rendered, pre pared by VENDOR pursuant to the terms of this Agreement, shall, upo n preparation and delivery to DISTRICT, become the property of DISTRICT

8. Relationship of Parties. VENDOR is an independe nt Contractor and does not act as DISTRICT’s agent in any capacity, whatso ever. VENDOR is not entitled to any benefits that DISTRICT provides to DISTRICT employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or i nsurance benefits.

Terms within this Agreement regarding direction app ly to and concern the result of the VENDOR’s provision of Services, not t he means, methods, or scheduling of the VENDOR’s work. VENDOR shall be s olely responsible for the means, methods, techniques, sequences and p rocedures with respect to its provision of Services under this Agr eement. VENDOR shall pay all payroll taxes imposed by any governmental e ntity and shall pay all other taxes not specifically identified in this Agr eement as DISTRICT’s responsibility.

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9. Schedule. VENDOR shall adhere to the schedule se t forth in Exhibit A; provided, that DISTRICT shall grant reasonable exte nsions of time for the delivery of products or performance of services occ asioned by governmental reviews of VENDOR’s work product or ot her unavoidable delays; provided, further, that such unavoidable de lay shall not include strikes, lockouts, work stoppages, or other labor d isturbances conducted by, or on behalf of, VENDOR’s officers or employees.

VENDOR acknowledges the importance to DISTRICT of t imely delivery of products or services and agrees to put forth its be st professional efforts to perform in a manner consistent with that schedule.

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

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

11. VENDOR’s Liability for Injury to Persons or Dam age to Property. a. VENDOR shall be liable for damages arising out o f injury to the person and/or damage to DISTRICT property, DISTRICT
employees, persons designated by DISTRICT for train ing, or any other person(s) other than VENDOR’s agents or emplo yees, designated by DISTRICT for any purpose prior to, du ring, or subsequent to delivery, installation, acceptance, a nd use of the Products either at VENDOR’s site or at DISTRICT’s p lace of business, provided that the injury or damage was ca used by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising o ut of or caused by an alteration or an attachment not made or insta lled by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.

12. Indemnity. To the fullest extent allowed by law , VENDOR hereby agrees to defend, indemnify, and save harmless DISTRICT an d City of Foster City, its Council, boards, commissions, officers, e mployees, directors,

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volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including , without limitation, economic harm, injury to or death of any person, in cluding an employee of VENDOR or its Subcontractors), cost (including, wit hout limitation, costs and fees of litigation) of every nature, kind or de scription, which may be brought against, or suffered or sustained by, DISTR ICT or City of Foster City, its Council, boards, commissions, officers, e mployees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employ ed or retained by them, or anyone that they control. In the event one or mo re defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with oth er parties regarding unpaid defense costs.

The duty of VENDOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Se ction 2778 of the California Civil Code; provided, however, that noth ing herein contained shall be construed to require VENDOR to indemnify D ISTRICT and City of Foster City, its Council, boards, commissions, offi cers, employees and agents against any responsibility or liability in c ontravention of Section 2782 of the California Civil Code.

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

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

13. Patent, Copyright and Trade Secret Indemnity.

a. VENDOR shall hold DISTRICT, its officers, agents and employees, harmless from liability of any nature or kind, incl uding costs and expenses, for infringement or use of any copyrighte d or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnishe d or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to DIST RICT against any and all loss, damage, costs, expenses, claims a nd liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any act ion brought against DISTRICT to the extent that such action is based upon a claim that the Products supplied by VENDOR or the o peration of such Products pursuant to a current version of VEND OR supplied

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operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and dam ages finally awarded against DISTRICT in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonabl e time in writing by DISTRICT of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its s ettlement or compromise, provided, however, that when principles of government or public law are involved, DISTRICT sha ll have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, b ecome, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade se cret, DISTRICT shall permit VENDOR at its option and expense eithe r to procure for DISTRICT the right to continue using the Products, or to replace or modify the same so that they become non infringi ng. If none of these options can reasonably be taken, or if the us e of such Products by DISTRICT shall be prevented by injuncti on, VENDOR agrees to take back such Products and make every re asonable effort to assist DISTRICT in procuring substitute Products. If, in the sole opinion of DISTRICT, the return of such infrin ging Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, DISTRICT shall the n have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agre es to take back such Products and refund any sums DISTRICT has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to DISTRICT under any provision of this clause with respect to any claim of patent, co pyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furni shed hereunder with equipment or devices not made or fur nished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, o r in addition to, the current version of VENDOR supplied
operating software; or
iii. The modification by DISTRICT of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furn ished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that DISTRICT funds will not be use d in the performance of the Agreement for the acquisition, o peration or maintenance of computer software in violation of copyright laws.

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14. Insurance. Prior to execution of this Agreement , VENDOR shall furnish to DISTRICT Certificates of Insurance showing satisfac tory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D, Insurance, which are attached and made a part of this Agreement. VENDOR shall maintain all required insu rance throughout the term of this Agreement and as otherwise provide d in EXHIBIT D. In the event VENDOR fails to maintain any required ins urance, and notwithstanding Paragraph 3 above, DISTRICT may (bu t is not obligated to) purchase such insurance and deduct or retain pr emium amounts from any sums due VENDOR under this Agreement (or VENDOR shall promptly reimburse DISTRICT for such expense).

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

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

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

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

DISTRICT: Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: _Jerrick Carandang______

VENDOR: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________

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

19. Substitutions. VENDOR may not substitute any P roducts or Services without DISTRICT’s advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agr eement without DISTRICT’s advance written consent.

20. Warranty. Unless otherwise specified, the warr anties contained in the Agreement begin after acceptance has occurred.

a. VENDOR warrants that all Products and Services f urnished hereunder will conform to the requirements of the A greement (including all descriptions, specifications and dra wings made a part hereof). All Products will be merchantable, fit fo r their intended purposes, free from all defects in materials and wo rkmanship and to the extent not manufactured pursuant to detailed designs furnished by DISTRICT, free from defects in design. No approval of designs, specifications or other Services furnis hed by VENDOR shall relieve VENDOR of its obligations under this warranty. b. All warranties, including special warranties spe cified elsewhere herein, shall inure to DISTRICT, its successors and assigns, and any users of the Products or Services.

21. Samples.

a. DISTRICT may require samples of items inspection and specification testing and must be furnished free of expense to DISTRICT. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.

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b. Samples, if not destroyed by tests, may, upon VE NDOR’s request made at the time the sample is furnished, be return ed at VENDOR’s expense.

22. Newly Manufactured Products. All Products shal l be newly manufactured products; used or reconditioned products are prohib ited, unless otherwise specified.

23. Packing and Shipment.

a. All Products shall be packed in suitable contain ers for protection in shipment and storage, and in accordance with applic able specifications. Each container of a multiple conta iner shipment shall be identified to:
i. show the number of the container and the total n umber of containers in the shipment; and
ii. the number of the container in which the packin g sheet has been enclosed.
b. All shipments by VENDOR or its subcontractors mu st include packing sheets identifying DISTRICT’s Contract numb er; item number; quantity and unit of measure; description o f the Products shipped; and appropriate evidence of inspection, if required. c. Shipments must be made as specified in the Agree ment, as it may be amended, or otherwise directed in writing by DISTRICT.

24. Transportation Costs and Other Fees or Expenses . No charge for delivery, drayage, express, parcel post, packing, c artage, insurance, license fees, permits, cost of bonds, or for any ot her purpose will be paid by DISTRICT unless expressly authorized by and item ized in the Agreement. Unless otherwise directed by DISTRICT i n writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.

a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to DISTRICT cov ering Products and Services under the Agreement and will tender to DISTRICT only Products that have been inspected and found to conform to all requirements. VENDOR will keep reco rds evidencing inspections and their result, and will make these records available to DISTRICT during the Agreement performa nce and for three years after final payment. VENDOR shall perm it DISTRICT to review procedures, practices, processes and rela ted documents to determine the acceptability of VENDOR’s quality assurance

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system or other business practices related to perfo rmance of the Agreement.
b. All Products may be subject to inspection and te st by DISTRICT or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspec tors at no additional cost to DISTRICT. VENDOR shall furnish to inspectors all information and data as may be reasonably requi red to perform their inspection.
d. All Products may be subject to final inspection, test and acceptance by DISTRICT, notwithstanding any payment or other inspection. e. DISTRICT shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Ser vices. Such notice of rejection will state the respects in whic h the items do not substantially conform to their specifications. If DISTRICT does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such P roducts and Services will be deemed to have been accepted. Acc eptance shall not be construed to waive any warranty rights that DISTRICT might have at law or by express reservation in the Agreem ent with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations. VEND OR covenants that in the performance of the Agreement it will comply wit h all applicable statutes, rules, regulations and orders of the Unit ed States, the State and DISTRICT, and shall defend, indemnify and hold the DISTRICT harmless against any loss, cost, damage or liability by reas on of VENDOR’s violation of this provision.

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

28. Covenant Against Gratuities. VENDOR warrants t hat no gratuities (in the form of entertainment, gifts, or otherwise) were of fered or given by VENDOR, or any agent or representative of VENDOR, t o any officer or employee of DISTRICT with a view toward securing th e Agreement or securing favorable treatment with respect to any de terminations concerning the performance of the Agreement. For b reach or violation of this warranty, DISTRICT shall have the right to ter minate the Agreement, either in whole or in part, and any loss or damage sustained by DISTRICT in procuring on the open market any items which VEN DOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies

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of DISTRICT provided in this clause shall not be ex clusive and are in addition to any other rights and remedies provided by law or in equity.

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

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

31. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The format ion, 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 S an Mateo, California unless the parties agree otherwise in a written ame ndment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful pa rty will pay the reasonable attorney’s fees and expenses of litigati on of the successful party.

32. Mediation. Should any dispute arise out of thi s Agreement, the parties shall meet in mediation and attempt to reach a reso lution with the assistance of a mutually acceptable mediator. Neit her party shall be permitted to file legal action without first meetin g 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 part ies. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

33. Conflict of Interest. VENDOR represents and wa rrants that it presently has no interest, and shall not have any interest, d irect or indirect, which would conflict in any manner with the performance o f work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with DISTRICT that VENDOR has disclosed any potential conflict of interest, and will have no future confl ict of interest, in providing DISTRICT services hereunder, including but not limi ted to, any interest (financial, share ownership, shared management, sha red directors, or reporting responsibilities) VENDOR may presently h ave, or will have in the future, with respect to any other person or ent ity (including but not limited to potential VENDORs, consultants, contract ors, or regulatory agency) which may have an interest in the subject matter of the Services.

34. Confidentiality. Any information, whether prop rietary or not, made known to or discovered by VENDOR during the performance of or in connection

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

35. Waiver of Default. Waiver of any default by e ither 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 un less this Agreement is modified as provided below.

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

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

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

Dated: __________ _______________________ Stacy Jimenez, President

ATTEST:

Dated: _________ _______________________ Priscilla Schaus, District Secretary

APPROVED AS TO FORM

Dated:

Benjamin Stock, District Legal Counsel

VENDOR

Dated:

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Type Name & Title of VENDOR Authorized to
Sign

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EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR
CIPP 455-705 EMID Emergency Generator Replacement

Scope of Deliverables:

1) Generator, Weatherproof Enclosure & Subbase Dies el Fuel Storage Tank. Refer to Bid Schedule in Exhibit B.
2) Automatic Transfer Switch in Outdoor Enclosure . Refer to Bid Schedule in Exhibit B.

Scope of Services:

Refer to Technical Specifications 16233, and Pre-Purchase Drawing Package.

Delivery Schedule: The delivery date shall correspond with the anticipated construction date in Summer 2026.

Vendor to attach estimated delivery schedule including the following:
1) Submittal Reviews for District;
2) Fabrication of Equipment (for each Bid Item);
3) Delivery to District Facilities.

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EXHIBIT B

VENDOR’S FEES and SCHEDULE OF BID PRICES

Summary

Total Contract Services:

Itemized Fees: Refer to Schedule of Bid Prices Table.

Project Payment Schedule: Refer to General Specifications for bid item descriptions.

SCHEDULE OF BID PRICES

Bid Item
No.

Bid Item Est.

Quan.

Unit Unit Price Bid Amount
Lift Station 10
1 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 10
EA 1
2 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 10
EA 1
Lift Station 12
3 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 12
EA 1
4 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 12
EA 1
Lift Station 14
5 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 14
EA 1
6 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 14
EA 1
Lift Station 1 5
7 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 1 5
EA 1

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8 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 1 5
EA 1
Lift Station 1 6
9 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 1 6
EA 1
10 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 1 6
EA 1
Lift Station 26
11 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 26
EA 1

12 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 26
EA 1
Lift Station 41
13 Generator, Weatherproof
Enclosure & Subbase Diesel
Fuel Storage Tank for Lift
Station 41
EA 1
14 Automatic Transfer Switch in
Outdoor Enclosure for Lift
Station 41
EA 1
TOTAL BID PRICE (Total Base Bid)

Total Base Bid Price:

(Indicate Bid Price in Words)

Total Bid Price Plus Alternate Bid:

(Indicate Bid Price in Words)

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GENERAL SPECIFICATIONS

CIPP 455-705 EMID

EMERGENCY GENERATOR REPLACEMENT PROJECT

BID ITEMS

Bid Item 1 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 10

Measurement:

Generator, Weatherproof Enclosure and Subbase Diesel Fuel Storage Tank shall consist of delivery for all labor, materials, tools, equipment, and incidentals and for doing all the work involved with moving on and off the site. All materials shall conform to the Project Plans and Contract Documents and Specifications, as described herein. Measurement for Generator and Subbase Diesel Fuel Storage Tank shall be on a lump sum basis.

Payment:

Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, including obtaining all bonds, insurance, and permits, moving on to the site, and all other incidental work required including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Generator and Subbase Diesel Fuel Storage Tank shall be on a lump sum basis.

Bid Item 2 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 10

Measurement:

Automatic Transfer Switch and Outdoor Enclosure shall consist of delivery for all labor, materials, tools, equipment, and incidentals and for doing all the work involved with moving on and off the site. All materials shall conform to the Project Plans and Contract Documents and Specifications, as described herein.

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

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incidental work required including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Bid Item 3 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 12

Measurement:

Generator, Weatherproof Enclosure and Subbase Diesel Fuel Storage Tank shall consists of delivery for all labor, materials, tools, equipment, and incidentals and for doing all the work involved with moving on and off the site. All materials shall conform to the Project Plans and Contract Documents and Specifications, as described herein. Measurement for Generator and Subbase Diesel Fuel Storage Tank shall be on a lump sum basis.

Payment:

Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work
involved, including obtaining all bonds, insurance and permits, moving on to the site, and all other incidental work required, including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Generator and Subbase Diesel Fuel Storage Tank shall be on a lump sum basis.

Bid Item 4 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 12

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

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Bid Item 5 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 14

Measurement:

Payment:

Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved including obtaining all bonds, insurance and permits, moving on to the site, and all other incidental work required including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Generator and Subbase Diesel Fuel Storage Tank shall be on a lump sum basis.

Bid Item 6 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 14

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

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incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Bid Item 7 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 15

Measurement:

Payment:

Bid Item 8 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 15

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

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project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Bid Item 9 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 16

Measurement:

Payment:

Bid Item 10 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 16

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

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project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Bid Item 11 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 26

Measurement:

Payment:

Bid Item 12 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 26

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, including obtaining all bonds, insurance, and permits, moving on to the site, and all other incidental work required including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

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Bid Item 13 – Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank for Lift Station 41

Measurement:

Payment:

Bid Item 14 – Automatic Transfer Switch in Outdoor Enclosure for Lift Station 41

Measurement:

Measurement for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

Payment:

Payment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, including obtaining all bonds, insurance, and permits, moving on to the site, and all other incidental work required including but not limited to labor, materials and all other incidentals as shown on Project Plans and specified in these Contract Documents, and for all the work needed for a satisfactory completion of the project. Payment for Automatic Transfer Switch and Outdoor Enclosure shall be on a lump sum basis.

END OF SECTION

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

NOTICE TO VENDORS
SEALED BIDS will be received by the District Clerk, or designee, of the City of Foster City for the Project identified above until XXXX x, 2025 at 2PM. Bids shall be sealed and addressed and noted as stated in Section C-17 of Vendor Agreement.

NOTE: Vendor Agreement including Project Plans and Specifications are available electronically through BarkerBlue Digital Imaging and www.fostercity.org under “doing business” and “rfps and bids”.

Sealed Bid for Equipment of:

EMID Emergency Generator Replacement
Following the closure of the bid submittal period, bids will be publicly opened and read for performing work as follows:

Furnishing all labor, materials, equipment, and performing all work necessary and incidental to the construction of the project known as EMID Emergency Generator Replacement according to drawings and specifications as prepared by the District and according to the Contract Documents. In general, the project comprises of replacing the Emergency Generator, Weatherproof Enclosure & Subbase Diesel Fuel Storage Tank and Automatic Transfer Switch in Outdoor Enclosure at Lift Stations 10, 12, 14,15,16, 26, and 41.

Procurement of Bidding Documents:

Bidding Documents contain the full description of the Work. Copies of the Vendor Agreement are on file and available for public inspection at the District’s Public Works Department, located at 610 Foster City Boulevard, Foster City, California 94404. Vendors can purchase copies of the Vendor Agreement and Project Plans from BarkerBlue Digital Imaging by calling (650) 696- 2100 or Toll Free at (866)347-1011; Faxing at (650) 696-2199, or emailing to [email protected] on or after xxx xx, 2025.

For online viewing, please go to www.fostercity.org under “doing business” and “rfps and bids”

Bidding Documents need not be returned to District. Vendor is responsible for printing any and all of Bidding Documents.

Instructions

Bidding procedures are prescribed in the Instruction to Vendors section. This is a Public Works project. Bids shall be executed upon the bid forms provided, which are a part of the Vendor Agreement.

Vendor are solely responsible for the cost of preparing their Bids.

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All vendors shall be licensed under the provisions of the Buisness and Professions Code to provide the type of equipment for the project.

Each vendor shall submit with its bid a statement setting forth its experience on the forms included in the Vendor Agreement.

Telephones will not be available to vendors for the preparation or submittal of bids. Bid forms received after the designated time will not be accepted by the District. Vendors and their authorized agents are invited to attend the bid opening.

The District reserves the right, in its sole discretion, to reject any or all bids, to re-bid, to waive inconsequential defects in bidding not involving time, price or quality of the work, to make any awards or any rejections in what it alone considers to be in the best interest of the District, and waive any irregularities in the bids.

The contract will be awarded, if at all, to the responsible vendor that submits the lowest responsive bid that follows the Vendor Selection Criteria.

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INSTRUCTIONS TO VENDORS

The work to be performed is described in the Vendor Agreement titled, CIPP 455-705 EMID Emergency Generator Replacement, dated XX,XX, XXXX and prepared by Freyer & Laureta, Inc. for the District.

PROCEDURES FOR SUBMISSION ON BIDS

Required Pre-Bid Investigations

All Vendors shall carefully examine the Vendor Agreement and satisfy themselves as to their sufficiency; and shall not at any time after the submission of the Bid dispute or complain that there is any misunderstanding in regard to the location, extent, nature or amount of work to be performed. The Vendor shall notify the District of all conflicts, errors or discrepancies in the Vendor Agreement. The submitting of a Bid shall be considered an acknowledgement on the part of the Vendor of familiarity with the Scope of Work.

Vendors Questions and Answers

Vendors must direct all questions about the meaning or intent of Bidding Documents to District in writing. Interpretations or clarifications considered necessary by District in response to such questions will be issued by written Addenda mailed, faxed, or delivered to all parties recorded by the District as having received Bidding Documents. District may not answer questions received less than ten Days prior to the date for opening Bids.

Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect, and Vendo rs shall not rely on oral statements.

Addenda

Addenda may be issued to all plan holders during the Bid period. Any and all Addenda issued shall become part of the Vendor Documents and shall be fully considered by all Vendors during the formation of Bids. It is the responsibility of the Vendor to contact the District to determine the existence of any and all addenda. Failure of any vendor to receive such Addenda shall not be justification for non-compliance with the terms of the instructions.

RECEIPT OF BIDS

Date and Time

Electronically submitted Bids will be received by the District until the date and time indicated in Notice to Vendors. Sealed hard copy Bids to follow shall be post marked to reflect the submittal date. District shall reject all Bids received after the specified time and will return such Bids to Vendors unopened. Vendors must submit Bids in accordance with this Document.

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Bid Submission

Bids for the Work shall be made on the forms contained in the Vendor Agreement as listed on the Vendor’s Checklist at the end of this Section. A complete set of documents shall be placed opaque sealed 10 inch x 13 inch envelopes, sealed, and addressed to:

Estero Municipal Improvement District
Attention: __Jerrick Carandang___________
610 Foster City Boulevard
Foster City, CA 94404-2299
BID: EMID Emergency Generator Replacement Project
CIP 455-705

Bids shall be delivered to the District at the above address before the time set for the opening of bids as provided in Section NOTICE TO VENDORS.

Vendors should mark their Bid envelopes using the name, address, identifying information and contract number.

If the Vendor wishes to hand deliver the sealed bid, the bid shall be addressed as stated above and delivered to the same address.

The District reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice to Vendor s. Postponement notices may be faxed and will be subsequently mailed to plan holders of record in the form of an addendum.

Required Content of Bid Submittals

1. Bid Form: Vendors must submit Bids on Bid Form in accordance with the provisions of this document. Vendors must complete all Bid items and supply all information required by Bid documents and specifications.

2. Vendor Registration and Experience Form: Vendors must submit Vendor Registration and Experience Form, completed in accordance with the provisions of the Form. Vendor Experience must be in accordance with the Technical Specifications 16233-1.07 in Exhibit A of the Vendor Agreement.

3. Non-Collusion Affidavit: Vendors must submit Non-Collusion Affidavit completed in accordance with the provisions of the document.

4. Vendor Certifications: Vendors must submit Vendor Certification completed in accordance with the provisions of the document.

Estimated Delivery Schedule: Estimated Delivery Schedule shall follow guidelines as stated in Exhibit A of Vendor Agreement.

BID OPENING

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Immediately after the expiration of the time for submission of Bids, all Bids will be publicly opened, read, declared, and referred to the District Council for action.

Bids to receive consideration shall be made in accordance with the following instructions:

a. Bids shall be made upon the separate form provided therefor, a copy of which is included with the Vendor Agreement . The signature of all persons executing the Bid shall be in longhand writing. The completed form shall be submitted without interlineations, alterations, or erasures.

b. Except as otherwise indicated, all items shall be included in the Envelope.

c. Bids shall contain only the quotations for which the form is prepared. Alternative Bids will not be considered unless called for. No oral, email, facsimile, telegraphic, or telephonic bids, or modifications, will be considered.

d. Vendors shall submit in Envelope Form VENDOR’S EXPERIENCE in accordance with the Technical Specifications 16233-1.07 provisions herein and therein.

VENDOR SELECTION CRITERIA

District will determine Apparent Low Vendor as follows:

A. District will open each Vendors’ Envelope at the time and place indicated, initially evaluate them for responsiveness, and determine an Apparent Low Vendor as specified herein.

B. For the Apparent Low Vendor only, District will open Envelope and evaluate the Apparent Low Vendor for responsiveness to the requirements CERTIFICATION OF VENDOR’S EXPERIENCE AND QUALIFICATIONS provided as an Attachment for responsibility.

C. Apparent Low Vendor will be determined solely on the total amount of all Bid items based on terms contained in Notice Inviting Bids and Bid Form. All Vendors are required to submit Bids on all Bid items (including any alternates).

D. If Apparent Low Vendor is determined to be non-responsive or non-responsible, then District may proceed to the next Apparent Low Vendor’s Bid pursuant to any procedures determined in its reasonable discretion, and proceed for all purposes as if this Apparent Low Vendor were the original Apparent Low Vendor.

Evaluation of Bids

The District will evaluate the Bids as follows:

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A. Bids must be full, complete, clearly written and using the required forms. Vendors shall make any change in the Bid by crossing out the original entry, entering and initialing the new entry. Vendor’s failure to submit all required documents strictly as required entitles District to reject the Bid as non-responsive. All Vendors must submit Bids containing each of the fully executed Sections supplied in the Vendor Agreement.

B. In evaluating Bids, District will consider Vendors’ qualifications, whether or not the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in Bid Form or prior to the Notice of Award.

C. District will consider the estimated delivery schedule, which will include milestones such as reviewed submittals to District, Fabrication of Equipment (for each Bid Item), and delivery to District facilities, as part of the Bid evaluation process. Refer to Exhibit A:

Delivery Schedule in Vendor Agreement.

D. District may conduct reasonable investigations and reference checks of Vendor and other persons and organizations as District deems necessary to assist in the evaluation of any Bid and to establish Vendor’s responsibility, qualifications, financial ability, and capability to perform the Work in accordance with the Contract Documents to District’s satisfaction within the prescribed time. Submission of a Bid constitutes Vendor’s consent to the foregoing.

E. District shall have the right to consider information provided by sources other than Vendor.

F. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.

G. Bids shall be deemed to include the written responses of the Vendor to any questions or requests for information of District made as part of Bid evaluation process after submission of Bid.

Reservation of Rights

District specifically reserves the right, in its sole discretion, to:

A. Reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids;

B. Reject the Bid of any Vendor as non-responsive as a result of any error or omission in the Bid; and

C. Reject the Bid of any Vendor if District believes that it would not be in the best interest of Project to make an award to that Vendor, whether because the Bid is not responsive,

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the Vendor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by District.

District may retain Bid securities of other than the Apparent Low Vendor for a period of 90 Days after award or full execution of the Contract, whichever first occurs.

For purposes of this Section, an “unbalanced Bid” is one having nominal process for some Bid items and enhanced prices for other Bid items.

District may waive any informalities or minor irregularities in the Bids. District also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project.

Submission of Written Bid Protest

Any bid protest relating to the award of the contract for the Project must be submitted in writing to the District, Attn: Jerrick Carandang, 610 Foster City Boulevard Foster City, CA 94404- 2299. The protest must be received before close of business of the fifth business day following the posting Notice of Intent to Award at the District, Attn: Jerrick Carandang, 610 Foster City Boulevard Foster City, CA 94404-2299. District will use reasonable efforts to deliver by facsimile or email a copy of Notice of Intent to Award to all Vendors who submitted Bids no later than the Business Day after issuance, although any delay or failure to do so will not extend the Bid protest deadline described herein.

The initial protest document shall contain a complete statement of the basis for the protest.

The protest shall refer to the specific portion(s) of the Vendor Agreement, which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties who have a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other vendors or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. The documents shall be transmitted by e-mail, fax, or overnight mail.

Only Vendors who the District otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Vendors will not be considered. In order to determine whether a protesting Vendor is responsive and responsible, District may evaluate all information contained in any protesting Vendor’s Bid, and conduct the same investigation and evaluation as District is entitled to take regarding an Apparent Low Vendor.

Exclusive Remedy

The procedure and time limits set forth in this paragraph are mandatory and are the Vendor’s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a

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Government Code claim or legal proceedings. A Vendor may not rely on a protest submitted by another Vendor, but must timely pursue its own protest.

AWARD AND EXECUTION OF CONTRACT

Notice of Award and Submittal of Executed Contract Documents

If Contract is to be awarded, it will be awarded to the lowest responsible responsive Vendor.

District will issue Notice of Award. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals, unless there is a bid protest, then (90) days after the day of bid opening.

Successful Vendor must execute and submit to District the “Required Contract Documents and Proof of Insurance” set forth below, by 5:00 p.m. of the 20th Day following the Notice of Award.

Required Contract Documents and Proof of Insurance

1. Agreement, fully executed by successful Vendor. Submit two originals, each bearing an original signature on the signature page and initials on each page.

2. Guaranty, fully executed by successful Vendor. Submit one original, bearing an original signature on the signature page and initials on each page.

3. Insurance certificates and endorsements required by Supplementary Conditions— Insurance: Submit one original set.

4. Any other items identified by District in Notice of Award.

Failure to Execute and Deliver Documents

If Vendor to whom Contract is awarded, within the period described in this document, fails or neglects to execute and deliver all required Contract Documents and file all required insurance certificates, and other documents, District may, in its sole discretion, rescind the award, or deposit Vendor’s cashier’s check or certified check for collection, and retain the proceeds thereof as liquidated damages for Vendor’s failure to enter into the Contract Documents.

Vendor agrees that calculating the damages District may suffer as a result of Vendor’s failure to execute and deliver all required Contract Documents would be extremely difficult and impractical and that the amount of Vendor’s required Bid security shall be the agreed and presumed amount of District’s damages.

Upon such failure to timely deliver all required Contract Documents as set forth herein, District may determine the next Apparent Low Vendor and proceed accordingly. Such Award, if made, will be made within sixty (60) days after the opening of the Bid Proposals.

GENERAL CONDITIONS AND REQUIREMENTS

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Modification of Commencement of Work

District expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to Project. District accepts no responsibility to Vendor for any delays attributed to its need to complete independent work.

Conformed Project Manual

Following Award of Contract, District may prepare a conformed Project Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the approved Project Manual.

Withdrawal of Bid

Vendors may withdraw their Bids at any time prior to the Bid opening time fixed in this Document, only by written request for the withdrawal of Bid filed with District at the City Clerk’s Office, located at 610 Foster City Boulevard, Foster City, California 94404. Vendor or its duly authorized representative shall execute request to withdraw Bid.

Public Records Act Requests

Per the Public Records Act, District will make available to the public Vendor’s SOQ (if vendor’s Envelope is opened), all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures set forth herein, and all subsequent Bid evaluation information. All submissions not opened will remain sealed and shall be returned to the submitter. Except as otherwise required by law, the District will not disclose trade secrets or proprietary financial information submitted by Vendors that has been designated as confidential by Vendor (including but not limited to the SOQ). Any such trade secrets or proprietary financial information that Vendor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific confidential information must be clearly identified as such.

Upon a request for records regarding this Bid, District will notify the Vendor involved, within ten Days from receipt of the request, when the records will be made available for inspection. If the Vendor timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Vendor determines is not subject to public disclosure, and requests that District refuse to comply with the records request, Vendor shall take all appropriate legal action and defend Vendor’s refusal to produce the information in all forums; otherwise District will make such information available to the extent require by applicable law, without restriction.

Information disclosed in the SOQ and the attendant submissions are the property of District unless Vendor makes specific reference to data that is considered proprietary. Subject to the requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

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Substitutions

Vendors must base their Bids on products and systems specified in Contract Documents or listed by name in Addenda. District will consider substitution requests only for “or equal items.”

Vendor must clearly state any exceptions to the specified equipment requirements. The requirements are taken using the Kohler equipment but by no means the standard. Other brands can be used if it meets minimum requirements in the specifications and a statement of changes is submitted for evaluation.

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VENDOR’S CHECKLIST

The following constitutes the Vendor’s Checklist of completed Sections to be submitted with all Bids. All items are to be included in Envelope unless otherwise indicated:

Item Checked

1. Exhibit B – Vendor’s Fees and Schedule of _______ Bid Prices

2. Bid Form _______

3. Vendor Registration and Experience Form _______
in accordance with the Technical Specifications
16233A-1.07

4. Non-Collusion Affidavit _______

5. Vendor Certifications _______

6. Estimated Delivery Schedule _______

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BID FORM

TO THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT
THIS BID IS SUBMITTED BY:

(Firm/Company Name)
Re: EMID Emergency Generator Replacement Project
Contract Number: CIP 455-705

1. The undersigned Vendor proposes and agrees, if this Bid is accepted, to enter into an agreement with the ESTERO MUNICIPAL IMPROVEMENT DISTRICT in the form included in the Contract Documents, Agreement, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Vendor accepts all of the terms and conditions of the Contract Documents, Exhibit C or Vendor Agreement.This Bid will remain subject to acceptance for 60 Days after the day of Bid opening, unless there is a bid protest, then 90 days after the day of bid opening.

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

Addendum Number ADDENDUM DATE Signature of Vendor

4. Based on the foregoing, Vendor proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in Schedule of Bid Prices in Exhibit B on Vendor Agreement.

5. The undersigned acknowledges that the Apparent Low Vendor will be determined as provided in Notice to Vendors and Instruction to Vendors.

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6. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Vendor within the time described in Paragraph 2 of this Document or at any other time thereafter before it is withdrawn, the undersigned Vendor will execute and deliver the documents required by Instructions to Vendors within the times specified therein.

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

8. The undersigned Vendor agrees to commence Work under the Contract Documents on the date established in the Vendor Agreement and to complete all Work within the time specified in Agreement.

9. The undersigned Vendor agrees that, in accordance with Vendor Agreement, liquidated damages for failure to complete all Work in the Contract within the time specified in Agreement shall be as set forth in Agreement.

10. The name of all persons interested in the foregoing Bid as principals are:

IMPORTANT NOTICE: If Vendor or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Vendor or other interested person is an individual, give first and last names in full.

NAME OF VENDOR:_______________________________________________________

with license number:__________________________ Expiration:_______________________

____________________________________________________________________________________________________________________ (Place of Incorporation, if Applicable) (Principal)

________________________________________________________________ (Principal)

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

________________________________________________________________ (Signature of Vendor)

Business Address: ________________________________________________

__________________________________________________________________________

Vendor’s Representative(s): ________________________________________________

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(Name/Title)

________________________________________________
(Name/Title)

Officers Authorized to Sign Contracts
________________________________________________
(Name/Title)
________________________________________________
(Name/Title)

________________________________________________
(Name/Title)

Telephone Number(s):

________________________________________________
(Area Code) (Number)

Fax Number(s):
________________________________________________
(Area Code) (Number)

________________________________________________
(Area Code) (Number)

Date of Bid: ________________________________________________

END OF DOCUMENT

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VENDOR REGISTRATION AND EXPERIENCE FORM

INDEPENDENT VENDOR REGISTRATION

License #

Date: Fed I.D. #

Full Corporate Name of Company:

Street Address:

Mailing Address:

Phone: Fax:

Name of Principal Contact:

Type of Business: Sole Proprietor Partnership
Non-Profit 501(c)(3) Corporation
other (please explain: )

VENDOR EXPEREINCE
Experience information listed shall be in accordance with the Technical Specifications 16233A -1.07 and 16233B-1.07 in Exhibit A of the Vendor Agreement.

Years of Experience: _____

Type of Generators:

Project Examples:

Certifications:

Additional Information:

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INSURANCE

Workers’ Compensation:

Carrier:

Address:

Phone and Fax:

Policy Number:

General Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

Automobile Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

All-risk Course of Construction (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

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Policy Limits: $

A.M. Best Rating:

Professional Liability (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

Pollution Legal Liability Insurance (if applicable, as required by Insurance and Indemnification):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

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

CURRENT AND ACCURATE AND AUTHORIZES OWNER, AND ITS AGENTS AND REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

SIGNATURE

DATE

END OF DOCUMENT

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NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY VENDOR AND SUBMITTED WITH

BID STATE OF CALIFORNIA )
) ss.

COUNTY OF )

, being first duly sworn,
(Name of Principal of Vendor)

deposes and says that he or she is
(Office of Affiant)

of , the party
(Name of Vendor)

making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Vendor has not directly or indirectly induced or solicited any other vendor to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any vendor or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Vendor has not in any manner, directly or indirectly, sought by agreement, commu nication or conference with anyone to fix the Bid price of Vendor or any other vendor, or to fix any overhead, profit or cost element of the Bid price, or of that of any other vendor, or to secure any advantage against Owner, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Vendor has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Executed under penalty of perjury under the laws of the State of California:

(Name of Vendor)

(Signature of Principal)

Subscribed and sworn before me

This day of , 2020

Notary Public of the State of

In and for the County of

My Commission expires (Seal)

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NOTE: If Vendor is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

NOTE: If Vendor [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

NOTE: If Vendor’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

END OF DOCUMENT

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VENDOR CERTIFICATIONS

TO BE EXECUTED BY ALL VENDORS AND SUBMITTED WITH BID

The undersigned Vendor certifies to District as set forth in sections 1 through 7 below.

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

2. CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Vendor, I certify that I am aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Vendor, I certify that I am aware of the provisions of Labor Code Section 1773 that requires the payment of prevailing wage on public projects. Vendor under the Contractor shall comply with Labor Code Section 1776 regardin g wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 and Contractor and Subcontractors are eligible to bid and work on public works projects.

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

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

7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Vendor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Vendor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

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VENDOR:
(Name of Vendor)

Date: , 2025 By:
(Signature)

Name:
(Print Name)

Its:
(Title)

END OF DOCUMENT

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EXHIBIT D

INSURANCE

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

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

1. Vendor's Duty to Show Proof of Insurance.

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

1.1 Insurance Requirements

☒ Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the District ), Products -Completed Operations Hazard, liability for slander, fals e arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.

*Please note, the District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ the Estero Municipal Improvement District , its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

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

☒ Professional Liability Insurance

Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

☒ Installation Floater

☒ Cyber Liability Insurance

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

2. District as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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

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

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

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

Alternatively, District may purchase such required i nsurance coverage, and without further notice to Vendor, District shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by District for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse District for the premiums and any associated costs, Vendor agrees to reimburse District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by District to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form

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

Named Insured: ___________________________________________ Effective Work Date(s): ___________________

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

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

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

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

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

Professional Liability:

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

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.

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

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SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: ____________________________________ TITLE: _____________________________________________

ADDRESS: ___________________________________________________________________________________________________

TELEPHONE: ( ) _________________________________________ DATE ISSUED: ______________________________

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Exhibit E
SPECIAL TERMS and CONDITIONS

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EXHIBIT F

COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“District”) and ____________________________ (“Vendor”) dated ___________________________.

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

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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outbreak or an exposure to COVID-19, the District may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

VENDOR: DISTRICT:

________________________ _________________________ ___ Signature Signature

________________________ _________________________ _____ Print Name & Title Print Name & Title

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Exhibit G
Existing Lift Station Asbuilt Single Line Diagrams

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TECHNICAL SPECIFICATIONS

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Standby Power System Equipment – Lift Stations Fost er City/EMID 16233-1 CIPP 455-705
September 2025
SECTION 16233

STANDBY POWER SYSTEM EQUIPMENT – LIFT STATIONS
PART 1 GENERAL

1.01 SUMMARY
A. Section Includes:

1. Seven (7) outdoor standby power generators, each provided in a sound- attenuated weatherproof enclosure including base-mounted diesel fuel storage tanks.

2. Outdoor, free-standing automatic transfer switch es.

B. Overview of Standby Power System Equipment Suppl y:

1. Skid-mounted diesel engine-driven standby genera tor systems.

2. Base-mounted diesel fuel storage tanks.

3. Outdoor weather-proof, sound-attenuated, non-wal k-in generator system enclosures.

4. Automatic transfer switches housed in outdoor, f ree-standing enclosures at each lift station site.

C. Overview of Standby Power System Scope of Supply Responsibility:

1. The standby power system equipment supplier shal l be responsible for the delivery of all system equipment and components to the following address:

City of Foster City Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404

2. Each supplied standby power system fuel storage base tank, standby generator skid equipment and generator enclosure shall be offloaded from the supplier’s delivery truck directly onto a concrete equipment pad utilizing hoisting equipment provided by District’s installation Contractor. The standby power system equipment supplier’s field personnel shall be present at each respective delivery site to direct the offloading of the new standby generator system equipment.

3. Anchoring of the supplied standby power system s tandby generator and automatic transfer switch equipment to the concrete equipment pad at each lift station site shall be provided by District’s installation Contractor.

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4. Field assembly of the supplied standby power sys tem equipment standby generator equipment (i.e. fuel storage base tank, standby generator skid and generator enclosure) shall be performed by the supplier’s field technical personnel if delivered as separate items.

5. Specified standby generator requirements are bas ed upon information for Blue Star (by Bay City Electric Works) and Rehlko equipment. Alternative manufacturers may be proposed provided that the proposed equipment meets minimum specified requirements and District acceptance of submitted proposed deviations.

6. Automatic transfer switch equipment shall be man ufactured by ASCO (no equal) to match similar District existing installations.

1.02 REFERENCES
A. American Society of Civil Engineers:

1. ASCE 7 – Minimum Design Loads for Building and O ther Structures.

B. American Society of Mechanical Engineers:

1. B16.5 – Pipe Flanges and Flanged Fittings: NPS ½ through NPS 24 Metric/Inch Standard.

C. ASTM International:

1. ASTM A106/A106M – Standard Specification for Sea mless Carbon Steel Pipe for High-Temperature Service.

D. Bay Area Air Quality Management District (BAAQMD ):

1. BAAQMD Authority to Construct Permit.

2. All applicable rules and regulations, including BAAQMD-specified Source Test Methods and Procedures.

E. California Air Resources Board (CARB).

F. Code of Federal Regulations (CFR):

1. Title 40, Chapter I, Subchapter C, Part 89 – Con trol of Emissions from New and In-Use Nonroad Compression-Ignition Engines.

G. Institute of Electrical and Electronics Engineer s (IEEE).

H. National Fire Protection Association (NFPA):

1. 30 – Flammable and Combustible Liquids Code.

2. 37 – Standard for the Installation and Use of St ationary Combustion Engines and Gas Turbines.

3. 70 – National Electrical Code.

4. 110 – Standard for Emergency and Standby Power S ystems.

I. National Electrical Manufacturers Association (N EMA):

1. MG 1 – Motor and Generators.

J. Underwriters Laboratories:

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1. 142 – Standard for Steel Aboveground Tanks for F lammable and Combustible Liquids.

2. 2200 – Standard for Stationary Engine Generator Assemblies.

1.03 DEFINITIONS
A. Acceptance: Formal action of the District in det ermining that the Vendor’s work has been completed in accordance with the Contract and in notifying the Vendor in writing of the acceptability of the Work.

B. ATS: Automatic Transfer Switch
C. BAAQMD: Bay Area Air Quality Management District
D. CARB: California Air Resources Board
E. CFR: Code of Federal Regulations
F. Contract Document(s): The words “Contract Docume nt(s)” shall mean any or all of the following items, as applicable:

1. Vendor Agreement

2. Technical Specifications

3. Drawings
G. DEF: Diesel Exhaust Fluid.

H. District: The word “District” refers to the Este ro Municipal Improvements District.

I. District’s Installation Contractor: The individu al partnership, corporation, or combination thereof including joint ventures who enter into the Contract with the District for the performance of the Work. The term covers subcontractor, equipment and material suppliers, and their employees.

J. DPF: Diesel Particulate Filter
K. EPA: Environmental Protection Agency
L. FDT: Factory Demonstration Test
M. IEEE: Institute of Electrical and Electronics En gineers N. ISO: International Organization for Standardizat ion O. kW: Kilowatts
P. kVA: Kilovolt-amperes
Q. LS10: Lift Station 10.

R. LS12: Lift Station 12.

S. LS14: Lift Station 14.

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Standby Power System Equipment – Lift Stations Fost er City/EMID 16233-4 CIPP 455-705
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T. LS15: Lift Station 15.

U. LS16: Lift Station 16.

V. LS26: Lift Station 26.

W. LS41: Lift Station 41.

X. Manufacturer: Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated into the Work.

Y. NEMA: National Electrical Manufacturers Associat ion Z. NFPA: National Fire Protection Agency
AA. O&M: Operations and Maintenance
BB. Others: Third Party Consultant or Contractor.

CC. P&IDs: Piping and Instrumentation Diagrams
DD. Project: The work to be performed under the pro visions of the Contract.

EE. SAE: Society of Automotive Engineers
FF. SDS: Safety Data Sheet
GG. Standby Rated Duty: Continuous operation of the supplied standby power system for the duration of any primary power source (i.e. Pacific Gas and Electric Company utility power source) outage to each respective lift station site.

HH. Submittals: The information which is specified for submission to the District in accordance with the Contract Documents.

II. Suppliers: Any person who or which supplies mat erials or equipment for the Work, including that fabricated to a special design.

JJ. Suppliers Field Personnel: Any person who suppl ies materials or equipment for the Work, including that fabricated to a special design.

KK. UL: Underwriters Laboratory
LL. Work: The labor, materials, equipment, supplies , services, and other items necessary for the execution, completion, and fulfillment of the Contract.

1.04 SCOPE OF SUPPLY SUMMARY
A. Supply Lift Station LS10 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Blue Star Model VD100-04FT4, Environmental Prote ction Agency (EPA) Tier 4 Final certified diesel engine-driven generator system having a minimum

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standby power rating of 100 kilowatts (kW) / 125 kilovolt-amperes (kVA) with an output voltage of 120/208 volts, 3-phase.

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 250 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 3 sound- attenuation design.

4. Diesel engine emissions control system including all necessary equipment, sensors and accessories required for EPA Tier 4 Final compliant operation and compatibility with the supplied diesel engine-driven generator equipment.

Equipment that requires source testing is not acceptable.

5. New 120/208 volts, 3-phase, 4-wire, 230 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

B. Supply Lift Station LS12 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Blue Star Model JD40-05FT4, Environmental Protec tion Agency (EPA) Tier 4 Final certified diesel engine-driven generator system having a minimum standby power rating of 40 kilowatts (kW) / 50 kilovolt-amperes (kVA) with an output voltage of 120/240 volts, 3-phase.

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 150 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/240 volts, 3-phase, 4-wire, 150 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

C. Supply Lift Station LS14 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Rehlko Model 30REOZK4, Environmental Protection Agency (EPA) Tier 4 Final certified diesel engine-driven generator system having a minimum standby power rating of 30 kilowatts (kW) / 39 kilovolt-amperes (kVA) with an output voltage of 120/208 volts, 3-phase.

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 168 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/208 volts, 3-phase, 4-wire, 150 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

D. Supply Lift Station LS15 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Blue Star Model JD60-04FT4, Environmental Protec tion Agency (EPA) Tier 4 Final certified diesel engine-driven generator system having a minimum

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Standby Power System Equipment – Lift Stations Fost er City/EMID 16233-6 CIPP 455-705
September 2025
standby power rating of 50 kilowatts (kW) / 62.5 kilovolt-amperes (kVA) with an output voltage of 120/208 volts, 3-phase.

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 300 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/208 volts, 3-phase, 4-wire, 260 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

E. Supply Lift Station LS16 complete standby power system comprised of, but not limited to, the following equipment and accessories:

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 168 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/208 volts, 3-phase, 4-wire, 150 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

F. Supply Lift Station LS26 complete standby power system comprised of, but not limited to, the following equipment and accessories:

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 77 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/208 volts, 3-phase, 4-wire, 100 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

G. Supply Lift Station LS41 complete standby power system comprised of, but not limited to, the following equipment and accessories:

1. Blue Star Model JD60-04FT4, Environmental Protec tion Agency (EPA) Tier 4 Final certified diesel engine-driven generator system having a minimum

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Standby Power System Equipment – Lift Stations Fost er City/EMID 16233-7 CIPP 455-705
September 2025
standby power rating of 60 kilowatts (kW) / 75 kilovolt-amperes (kVA) with an output voltage of 120/240 volts, 3-phase.

2. Base-mounted diesel fuel storage State Tank (wit h venting and 5 gallons spill fill) with minimum capacity of 300 gallons.

3. Outdoor-rated, non-walk-in generator enclosure w ith Level 2 sound- attenuation design.

Equipment that requires source testing is not acceptable.

5. New 120/240 volts, 3-phase, 4-wire, 230 amperes, open-transition automatic transfer switch in an outdoor, NEMA 3R 316 stainless steel enclosure.

H. The supplied equipment and accessories specified in this section shall be installed by both the supplier’s field personnel and by District’s installation Contractor as specified herein. Below is a summary of the supplied equipment installations:

1. Each new diesel engine-driven standby generator system (generator), base- mounted fuel storage tank and outdoor enclosure shall be installed on and anchored to a concrete equipment pad. The concrete equipment pad and anchoring of each new generator to its respective pad shall be provided by District’s installation Contractor. Final assembly of the base-mounted fuel storage tank, standby generator skid and generator outdoor enclosure shall be provided by the supplier’s field personnel as required.

2. Each new generator shall be connected to the res pective lift station power distribution and control systems as specified herein and as indicated on the attached Drawings. Installation of new raceways, conductors and connection of each new generator to each lift station power and control system shall be provided by District’s installation Contractor.

I. Installation inspection, configuration, start-up and commissioning of supplied equipment and systems shall be provided by the equipment supplier as specified herein. Supplier shall provide these on-site services at each lift station site after all supplied equipment and systems have been installed and are ready for start-up and commissioning. Supplier shall include on-site service costs in overall equipment supply proposal based upon an estimated time frame which includes supplied equipment submittal development and review, manufacturing and procurement of all supplied equipment to each lift station location and an approximate 6-month installation time frame for installation of the supplied equipment (from time of equipment delivery to the site) for each lift station site with all present service rate escalations included in the proposal.

J. Consumables such as coolant, lubrication materia ls and filters required for start-up and commissioning of the new standby power system shall be included in the supplier’s scope of supply. Initially required diesel fuel shall be provided by the Supplier as required to facilitate start-up and commissioning of each new standby power system.

K. On-site training of District personnel for suppl ied standby power system equipment and accessories shall be provided by the equipment supplier as specified herein.

Supplier shall provide this on-site training after all supplied equipment and systems have been commissioned by the equipment supplier at each lift station site.

Supplier shall include on-site training costs in overall equipment supply proposal

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based upon an estimated time frame of providing the training approximately one (1) month after all supplied systems have been commissioned with all present service rate escalations included in the proposal.

1.05 MANDATORY REGULATORY REQUIREMENTS FOR STANDBY POWER SYSTEM

DESIGN AND SUPPLIED EQUIPMENT
A. Supplier shall be responsible for completing, su bmitting and obtaining operational permit from the Bay Area Air Quality Management District (BAAQMD) for the accepted standby generator equipment provided at each specified lift station site.

B. Manufacturer shall furnish for the engine CARB-c ertified emissions data, or EPA- certified emissions data, including the following identified pollutants: nitrogen (NOx), hydrocarbon and other organic compounds (POC), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM10).

C. The supplied engine shall be designed for, and o perate exclusively with, CARB diesel fuel (see link for diesel specs: https://ww2.arb.ca.gov/sites/default/files/2020- 03/dieselspecs.pdf ).

D. The supplied engine shall be designed for, and m anufactured with, the most effective emissions control device, or best-available control technology (BACT) meeting the guidelines specified by BAAQMD (see link for determinations:
https://www.baaqmd.gov/~/media/files/engineering/bact-tbact- workshop/combustion/96-1-5.pdf?la=en ).

E. The supplied engine shall meet the requirements of BAAQMD Regulation 6-1-303 for visible emissions limitations.

F. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-301 for sulfur dioxide emissions limitations at ground level.

G. The supplied engine shall meet the requirements of BAAQMD Regulation 9-1-304 for allowable engine fuel requirements.

1.06 SUBMITTALS
A. Provide separate submittals for each lift statio n standby generator in electronic Adobe .pdf format. Each submittal shall be combined into an organized, bookmarked, single .pdf file, printable by the District.

B. Supplier may provide individual submittal packag es for the complete scope of supply for each individual Lift Station site, submittals that include the complete scope of supply for multiple Lift Station sites or provide one, comprehensive submittal package that includes the complete scope of supply for all Lift Station sites. Regardless of how the Supplier elects to compile submittal information for the complete scope of supply for each Lift Station site, submittal information for all seven (7) Lift Station Sites shall be transmitted to the District within four (4) weeks following execution of the purchase agreement between the District and Supplier.

C. Upon receipt of submittal information from the S upplier, the District shall return submittal review comments to the Supplier within four (4) calendar weeks.

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D. Submittal review procedure by the District, subm ittals shall be returned with one of the following designations:

1. NO EXCEPTIONS (RESUBMITTAL NOT REQUIRED): Submittal is accepted and resubmittal of the information is not required

2. MAKE CORRECTIONS NOTED (RESUBMITTAL NOT REQUIRED): Minor corrections are noted with the assumption that such corrections will be made by the Supplier as noted in the review comments without the need for a resubmittal of the information.

3. MAKE CORRECTIONS NOTED (RESUBMITTAL REQUIRED): Submittal content is in general acceptable but requires corrections that shall be resubmitted for Engineer’s review before releasing equipment and materials for manufacture or fabrication.

4. REJECTED (RESUBMITTAL REQUIRED): Submittal content is grossly incomplete and/or includes proposed materials and/or equipment which do not comply with the specified requirements. Submittals that are rejected are not considered to be in compliance with the requirement to submit information within the specified time frame from execution of the purchase agreement between the District and Supplier.

E. Each new generator, generator accessories, sub-b ase fuel storage tank and generator enclosure shall all be included in a single, organized, tabbed submittal, arranged with cohesive continuation references between various supplied system equipment and components.

F. Provide a .pdf tab labeled “Notes to Reviewer” t hat states any exceptions, clarifications or requests for information from the District.

G. Provide a comprehensive, itemized bill of materi al that matches all product data and information included for all supplied standby power generator system and automatic transfer switch equipment.

H. Partial submittals, poorly organized submittals without bookmarks keyed to bill of material entries or unsearchable submittals shall be rejected without review.

I. Provide customized electrical interconnection di agrams for all supplied equipment and systems. Submittal of “generic” electrical interconnection diagrams which are not specific to this scope of supply shall be rejected without review. Customized electrical interconnection diagrams shall include the following minimum information:

1. Depiction of all field-routed conductors that ar e connected to equipment provided under this scope of supply and provided by Others. Field wiring shall be depicted utilizing dashed lines.

2. Specific, unique terminal block numbers for each field conductor termination point included with equipment provided under this scope of supply.

3. Recommended size of each power and control field conductor indicated on the electrical interconnection diagrams that shall be provided by Others.

4. Upstream voltage, phase and ampere rating requir ed for each external power supply required for equipment provided under this scope of supply (e.g. generator block heater, generator battery charger, etc.).

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J. Submittal General Requirements:

1. Generator fabrication schedule, including antici pated unwitnessed factory acceptance testing dates and equipment delivery date to each project site relative to final acceptance of all submittal information.

2. Safety data sheet (SDS) for lubricant, touch-up paint, and any other chemicals supplied on this project.

3. Paint sample for custom enclosure color specifie d herein.

4. Itemized bill of material.

5. Itemized list of extra materials furnished speci fically for this project, including quantities, description, and part numbers.

6. Manufacturer’s renewal parts literature and cost quotation for one year’s recommended spare parts and special tools for all equipment.

7. Contact information for the Supplier’s represent ative(s) that shall be conducting manufacturers’ field services, site tests, and on-site inspections.

8. Warranty: Five (5) year comprehensive.

9. Maintenance contract: Submit options for standby generator system maintenance agreement to provide periodic routine, periodic onsite maintenance and on-call services to address equipment issues. Submittal shall clearly define proposed services, frequency of services, on-call maximum response times based upon the equipment installation location(s) and cost information for maintenance agreement. District shall review submitted information for consideration of entering into a maintenance agreement with the standby generator equipment supplier. A maintenance agreement is not included as part of this package of supply and any agreement for maintenance shall be separate from the specified scope of supply contained herein.

10. Structural calculations for anchoring each new standby generator to each site’s concrete equipment pad shall be performed by Others. Supplier shall include details that are specific to each supplied generator unit which indicate supplied skid anchoring provisions for use by Others in developing structural anchoring calculations.

K. Quality Assurance Submittal Information:

1. Prototype testing results: Certification of the following prototype test results:

a. Use design prototypes similar to the equipment s pecified in this Section for testing, not the actual, supplied equipment.

b. Minimum prototype testing requirements:
1) In accordance with NFPA 110.
2) Maximum power in kW.

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3) Maximum starting kilovolt-ampere at 35 percent i nstantaneous voltage dip.
4) Alternator temperature rise by embedded detector
5) Governor speed regulation under steady state and transient conditions.
6) Fuel consumption at 25 percent, 50 percent, 75 p ercent, and 100 percent load.
7) Harmonic analysis, voltage waveform deviation, a nd telephone influence factor.
8) Cooling airflow rate.
9) Torsional analysis testing to verify that the ge nerator set is free of harmful torsional stresses.
10) Endurance testing.

L. Emissions:

1. Certification of EPA and BAAQMD compliance for a standby power system including verification of compliance of requirements specified herein.

2. Other exhaust characteristics and emissions limi tations as required by BAAQMD for the supplied standby power system.

M. Certifications:

1. Certification of the emissions performance of th e engine by the engine manufacturer. Include the EPA certificate of conformity with the Clean Air Act for the model year and engine family of the engine specified in this Section.

2. Certified torsional vibration analysis between t he engine and generator as required by NFPA 110, 5.6.10.2.

3. Seismic qualification certification:

a. Seismic qualification certification for the over all diesel engine-driven generator set, fuel storage base tank, standby generator enclosure, engine starting batteries and battery rack, accessories, and factory- supplied components, in accordance with the seismic design parameters listed in Article 1.06 – Quality Assurance.

4. Certification of equipment by Underwriters Labor atory (UL) or other equivalent nationally recognized independent testing laboratory.

5. Factory certification of the radiator capacity a t the specified ambient conditions.

6. Certified production test reports for battery ch argers.

7. Upon completion of installation of each standby power system, the Supplier shall issue a certification of compliance for the system installation performed by District’s installation Contractor following an on-site inspection by supplier’s field technical personnel. This certification shall confirm that the equipment installation performed by District’s installation Contractor has been properly

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installed for all supplied systems and that the standby power system is ready for final commissioning and acceptance.

N. Shop Drawings:

1. Provide detailed dimensional and to-scale plan a nd section drawings for the proposed skid-mounted generator system that includes the following minimum information:

a. Length, width and height dimensions, stated in i nches for fully-assembled fuel storage base tank, generator equipment skid and generator enclosure.

b. Dry and wet weights, in pounds, of complete, ass embled standby power system package that includes skid-mounted fuel storage base tank, generator equipment skid and outdoor enclosure.

c. Provide a rigging diagram that indicates the loc ation and lifting capacity of each lifting attachment and center of gravity for fuel storage base tank, generator equipment skid and generator enclosure.

d. Electrical conduit stub-up and equipment entry l ocations including dimensions of stub-up windows and distances of windows relative to the generator equipment skid.

e. Piping and instrumentation diagrams (P&IDs).

2. Electrical Drawings: In addition to customized interconnection diagrams specified herein, the following system-specific electrical drawings shall be submitted for review:

a. AC schematic diagrams.

b. DC schematic diagrams.

c. Communications diagram.

d. Engine control schematic diagrams.

e. Supplied standby power system package wiring dia grams.

O. Engine:

1. Number of cylinders, bore, stroke, and piston sp eed.

2. Displacement in cubic inches.

3. Compression ratio.

4. Engine RPM at 60 hertz.

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5. Combustion air flow rate required.

6. Cooling air flow rate required.

7. Size of exhaust outlet.

8. Exhaust flow rate and temperature at full rated load.

9. Gauges, including description of value indicated and indicating ranges and units.

10. Jacket water heater quantity, power consumption per unit, and voltage and phase (i.e., single or three-phase) for each unit.

11. Type and grade of fuel oil recommended.

12. Fuel oil consumption at 25 percent, 50 percent, 75 percent and 100 percent of rated engine-generator system nameplate maximum power output.

13. Type and grade lubricating oil recommended.

14. Amount of lubricating oil required per oil chan ge.

15. Normal lubricating oil consumption rate.

16. Recommended lubricating oil change periods stat ed in both runtime hours and calendar days.

17. Time interval from start-up contact closure unt il full load capabilities are available.

18. Engine-generator system acceptable ambient temp erature operating range.

P. Governor: Manufacturer, model, and engine speed governing accuracy.

Q. Radiator information.

R. Silencer:

1. Silencer grade, overall dimensions and weight.

2. Silencer noise attenuation curves.

3. Supplier shall provide all necessary information and data including, but not limited to, piping, fittings, silencer, and rain cap.

4. Exhaust system loss calculations.

5. Free field mechanical noise level at 23 feet. Pr ovide overall decibels (dBA) referenced to 20 µPa.

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6. Exhaust sound level in dBA 5 feet from the disch arge end of silencer.

S. Synchronous Generator:

1. Maximum rated kilowatt (kW) output.

2. Maximum rated kilovolt-ampere (kVA) output and p ower factor.

3. Rated voltage and phase.

4. Maximum rated output current.

5. Number of poles and synchronous speed.

6. Number of leads and wires per lead.

7. Winding pitch.

8. Stator and field ratings including temperature r ise at full and overload conditions.

9. Insulation system: include insulation class, st ator temperature rise, rotor temperature rise, heat dissipation (kW), and required air flow (m 3/min).

10. Impedances (provide in per unit with base value s or in ohms):

a. Stator winding (armature) resistance (R a).

b. Field winding resistance.

c. Synchronous reactance - direct axis (X d).

d. Synchronous reactance - quadrature axis (X q).

e. Transient reactance – direct saturated (X' ds).

f. Subtransient reactance - direct axis (X'' d).

g. Subtransient reactance - quadrature axis (X'' q).

h. Negative sequence reactance (X 2).

i. Zero sequence reactance (X 0).

11. Time Constants:

a. Open circuit transient – direct axis (T' d0 ).

b. Short circuit transient – direct axis (T' d).

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c. Open circuit subtransient – direct axis (T" d0 ).

d. Short circuit subtransient – direct axis (T" d).

e. Open circuit subtransient – quadrature axis (T" q0 ).

f. Short circuit subtransient – quadrature axis (T" q).

g. Exciter time constant (T e).

h. Armature short circuit (T a).

12. Short circuit ratio of the field current requir ed for rated open circuit voltage to the field current required for rated short-circuit current.

13. Generator excitation voltage and excitation cur rent at no load and full load.

14. Generator overtemperature protection: Per equip ment manufacturer’s recommendations with corresponding shutdown alarm for generator overtemperature.

15. Generator center of gravity, stator weight, rot or weight, rotor balance, and overspeed capacity.

16. Generator torsional data model including the co upling and fan, generator rotor, and exciter end.

17. I 2t or K (heating time constant).

18. Voltage and frequency variation and duration wi th load step application and removal of 25 percent, 50 percent, 75 percent, and 100 percent of resistive load based on maximum kW rating.

19. Generator efficiency at 25 percent, 50 percent, 75 percent, and 100 percent of load based on maximum kW rating.

20. Capability Curves:

a. Motor starting capability – percent voltage dip versus starting kVA.

b. Current decrement curves for an instantaneous th ree-phase fault, instantaneous line-line fault, and instantaneous line-neutral fault.

c. Open circuit curve – line-line voltage versus fi eld current.

d. Short circuit curve – armature current versus fi eld current.

e. Zero power factor curve – line-line voltage vers us field current.

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f. Air gap curve – line-line voltage versus field c urrent.

g. Reactive capability curve operating chart – kW v ersus kVAR showing leading and lagging quadrants and engine limit line.

h. Short-time overload curve – percent rated armatu re current versus time for Class H insulation.

i. Certified published engine horsepower curves sho wing manufacturer's engine rating for generator set standby and prime power application.

21. Anti-condensation space heater kilowatt, voltag e, and phase requirements for all anti-condensation space heaters supplied (e.g. generator space heater(s), battery system space heater(s), block heater(s), etc.).

T. Voltage Regulator: Manufacturer, model, and gen erator voltage regulating accuracy.

U. Generator equipment skid-mounted local controls/ control panel:

1. Control panel dimensions, conduit entry details, and NEMA rating.

2. Generator monitoring and protection features.

3. Engine monitoring and protection features.

4. Control features.

5. Signal input/output (I/O) provisions.

6. Communications provisions.

7. Modbus register map.

V. Skid-mounted generator batteries and associated battery charger:

1. Include battery charger maximum power requiremen t, supply voltage and phase, and physical dimensions of batteries and charger proposed.

2. Batteries and accessories.

3. Battery rack.

4. Battery charger and accessories.

5. Spill containment systems.

W. Testing:

1. Manufacturer’s test procedures, checklists, and test forms.

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2. Certified factory test reports for:

a. Engine-generator set.

b. Battery charger.

c. Engine-generator factory testing:

1) 0.8 pf generator set test report, tested at full load and no load.

2) Alternator test sheet.

3) Static, transient, and 8-hour load test report.

d. The corrective item punch list developed during factory testing with a point-by-point description of how each punch list comment was addressed.

3. Following complete installation of the supplied standby power system by Others, supplier’s field technician(s) shall provide the following on-site testing services to provide certified field test reports:

a. Alignment and end play.

b. Load tests with the supplied resistive load bank .

c. Vibration tests.

d. Engine backpressure test.

e. Integrated standby power system tests to confirm proper standby power system functional operation with lift station power distribution system.

X. Operation and Maintenance (O&M) Manuals: Genera l format and configuration of O&M manuals shall comply with the following:

1. A minimum of four (4) weeks prior to delivery of each new standby system equipment to the project site, Supplier shall submit O&M manual information for review.

2. O&M manuals shall be submitted for review in ele ctronic .pdf format. After District acceptance of O&M manuals, final O&M manuals shall be submitted in both electronic .pdf format along with four (4) hardcopy sets of manuals, provided in three-ring binders.

3. O&M manuals shall include the following minimum information:

a. Operating instructions and a maintenance manual presenting full details for care and maintenance of all equipment comprising the complete standby power system.

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b. Detail the operational functions of all standby power system controls, indicators and alarms.

c. Include standard equipment operational manuals n ormally furnished by the manufacturer to supplement the customized operational instructions and information specific to this project’s scope of supply.

4. Maintenance Manual:

a. Instructions covering all details pertaining to care and maintenance of all supplied standby power system equipment as well as data identifying all parts.

b. These manuals shall include, but are not limited to, the following:

1) Adjustment and test instructions covering the st eps involved in the initial test, adjustment, and start-up procedures.

2) Detailed control instructions, which outline the purpose and operation of every control device used in conjunction with operating the standby power system.

3) Complete set of “As Built” custom electrical and mechanical integration shop drawings in AutoCAD 2016 format.

4) Provide two (2) shop manuals to the District tha t are identical to the manuals used by manufacturer-authorized shop repair personnel. At minimum, provide shop manuals for the supplied engine, radiator, generator and engine-generator local controls/control panel.

Y. Training plan and schedule: Include a minimum o f two (2) on-site training sessions by supplier’s technical field personnel to occur on non-consecutive days. Each training session shall include the complete supplied standby power system equipment.

Z. Automatic Transfer Switch Submittals: As specif ied in paragraph 2.13 herein.

1.07 QUALITY ASSURANCE
A. A single supplier shall provide all equipment an d components which comprise the standby power system scope of supply specified herein.

B. Standby generator manufacturer shall have a mini mum of 25 years of experience in the manufacture and production of diesel engine-driven standby generator equipment with no less than ten (10) similar generator units that are in operation that have been installed within the last five (5) years.

Foster City City CouncilOctober 20, 2025

Foster City City Council
October 20, 2025