Agenda packet — Foster City City Council, January 20, 2026 (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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

6.2. An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Adding a New Chapter 17.15 “SingleFamily and TwoFamily Objective Design and Development Standards” and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) – Rz20240005 (First Reading on December 15, 2025)
a) Adopt Ordinance

6.3. An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Repealing and Replacing Chapters 17.50 “Accessory Buildings and Uses” and 17.54 “Yards”; and Amending Chapters

17.04 “Definitions”; 17.12 “R1 Singlefamily Residence District”; 17.14 “R2 Twofamily Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential MixedUse Objective Design and Development Standards”; and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) (First Reading on December 15, 2025)
a) Adopt Ordinance

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Pen Media for Video Technician Services from May 1, 2026 to December 31, 2028 for an Initial Contract Term of Three (3) Years, with the Option to Extend the Agreement for an Additional Four Years in Amounts Not to Exceed $40,000 Annually
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Approving a $50,000 Sponsorship Agreement with Senior Care Action Network (SCAN) Health Plan for Senior Lounge Furniture and Amenities at the New Foster City Community Center and Authorizing the City Manager to Execute the Agreement; Record the Sponsorship Funds in Fund 116; Authorize the Transfer of $50,000 From Fund 116 to CIP Fund 301 and Designating These Funds as an Additional Funding Source for the Community Center Rebuild Project (CIP 301678)
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Street Rehabilitation Project (20252026) (CIP 301726); and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Sections 15301 – Existing Facilities and 15061(B)(3) a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing (1) the Award of a Construction Contract to Patriot Environmental Services in the Amount of $162,227 for the Removal of the Underground Storage Tank That Fuels the Backup Generator at Lift Station 29 as Part of the Emergency Generator Replacement Project (CIP 455705); (2) the Establishment of a Construction Contingency in the Amount of $32,000; and (3) Finding the Project Exempt from CEQA Under Section 15301(b)– Existing Facilities
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute an Agreement with CD & Power in the Amount of $635,351.13 for the Purchase of Seven (7) Emergency Generator Systems, Automatic Transfer Switches and Associated Equipment for the Emergency Generator Replacements Project (CIP 455705) and Finding the Project Exempt From the California Environmental Quality Act (CEQA) Under Section 15301(b)Existing Facilities
a) Staff Report
b) Adopt Resolution

6.9. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Four (4) Flygt Pumps from Shape Inc. In the Amount of $243,820.94 for Lift Stations No.10 and No. 22 and Finding the Action Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15301(b) & 15301(d) a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

9.1. Consideration of Ratifying and Approving the Audited Fiscal Year 202425 Annual Comprehensive Financial Report (ACFR) and Other Audit Compliance Reports and the Fiscal Year 202425 Warrant Registers in the Form of That ACFR
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 202425 Annual Comprehensive Financial Report (ACFR) and Other Audit Compliance Reports and the Fiscal Year 202425 Warrant Registers in the Form of That ACFR c) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Ratifying and Approving the Audited Fiscal Year 2024 25 Annual Comprehensive Financial Report (ACFR) and Other Audit Compliance Reports and the Fiscal Year 202425 Warrant Registers in the Form of That ACFR

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on December 5, 2025, December 16, 2025, and December 30, 2025, and ACH were processed on December 5, 2025
a) Information Item Only
b) No Action Required

11. 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.

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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
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
Tuesday, January 20, 2026 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 Stacy Jimenez, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Art Kiesel

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates to Foster City HIP Housing Calendar Winners

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 December 15, 2025

7. NEW BUSINESS

7.1. Consideration of Foster City Council Liaisons List Dated January 20, 2026 a) Action – By Minute Order, Approve List

8. REPORTS

8.1. Report on Fiscal Year 202526 1st Quarter Financial Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

12. CLOSED SESSION

12.1. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Jared Ryals, Workers’ Compensation Appeals Board Case No.

ADJ17963380

12.2. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Daniel Strambi, Workers’ Compensation Appeals Board Case No.

ADJ12075922

12.3. Conference With Legal Counsel—existing Litigation (Paragraph (1) of Subdivision (D) of Section 54956.9)
Kojo Williams, Workers’ Compensation Appeals Board Case No.

ADJ15543650

12.4. Report Out from Closed Session

13. 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

7 4.1

4.1 Certificates

8 4.1

4.1 Certificates

9 4.1

4.1 Certificates

10 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF DECEMBER 15, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of December 15, 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. in the Council Chambers, 620 Foster City Boulevard, Foster City, San Mateo County, California, by Mayor/President Art Kiesel.

Councilmember/Director Jimenez teleconferenced due to AB 2449 Just Cause due to having a contagious illness.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Sofia Mangalam, Community Development Director; Cory Call, Police Chief; Nate Cruz, Finance Director; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Nori Jabba, Housing and Sustainability Manager; Thai Chau-Le, Planning Manager; Francine Magno, Senior Civil Engineer; Claire McWiliams, Assistant Engineer; Frank Fanara, Parks Manager; Leslie Carmichael, Consultant; Shuli Chen, Video Technician; Katherine Estrada; Deputy City Clerk; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

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

6.1 6.1 Minutes

11 Shankar Kenkre addressed the City Council in person regarding district elections.

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of November 17, 2025;

2. City/EMID Special Meeting Minutes of December 1, 2025;

3. City/EMID Regular Meeting Minutes of December 1, 2025;

4. City Resolution No. 2025-99, “A Resolution of the City Council of the City of Foster City Authorizing the Sole Source Purchase of Replacement Mobile Radios for Police Department Vehicles and Motorcycles from Metro Mobile Communications in the Amount of $73,463.58;”

5. City Resolution No. 2025-100, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement With Habitat for Humanity Greater San Francisco (HGSF), for the Home Rehabilitation Program in an Amount Not to Exceed $861,750, to Issue Loans and Provide Construction Services for Lower Income Homeowners to Implement Program H-b-2-a of the 2023-2031 Housing Element; Approving an Appropriation of $861,750 From Commercial Linkage Fee Fund (Fund 137) to Account Number 137-0847-419-42- 51; and Find Approval of the Program Exempt From the CEQA Pursuant to Section 15061(B)(3) and 15301;”

6. City Resolution No. 2025-101,” A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Rebuilding Together Peninsula, for the Home Minor Repair Program in an Amount Not to Exceed $17,500, to Manage Construction and Administer Grants for Minor Home Repairs for Very Low Income Homeowners to Implement Program H-b-2-b of the 2023-2031 Housing Element; Approving an Appropriation of $17,500 from Commercial Linkage Fee Fund (Fund 137) to Account Number 137-0847-419-42- 51; and Find Approval of the Program Exempt from the CEQA Pursuant to Section 15061(B)(3) and 15301;”

7. City Resolution No. 2025-102, “A Resolution of the City Council of the City of Foster City (1) Approving a Supplemental Appropriation of $20,000 to Account No. 124-0832-463-4297 for the Measure K Emergency Rent Relief Program (“Program”); (2) Authorizing the City Manager to Accept the Funds for Reimbursement of Program Expenditures From the County; (3) Authorizing the City Manager to Include Funds in the Amount of $10,000 in the Proposed Budget for Fiscal Year 26-27 for the Program; and (4) Finding the Request Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3);”

6.1 6.1 Minutes

12 8. City Resolution No. 2025-103, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Amendment No. 2 to the Existing Task Order Plws-2025-01 with Placeworks, Inc. in the Amount of $44,338, for a Total Task Order Amount Not to Exceed $191,253, to Continue Providing Environmental Review and Documentation for the Proposed Revisions to Gilead Chess Hatch Master Plan, Including 800,000 Square Feet (SF) Office Use to 800,000 SF of Biotechnology or Research and Development Uses, Located at 1155, 1165, and 1185 Chess Drive; and Finding the Authorization of the Task Order Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(B)(3);”

9. City Resolution No. 2025-104, “A Resolution of the City Council of the City of Foster City Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 2024-2025;”

10.EMID Resolution No. 3827, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Annual Development Impact Fee and Capacity Fee Report for Fiscal Year 2024-2025;”

11.City Resolution No. 2025-105, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 2025- 2026, Effective January 1, 2026;”

12.EMID Resolution No. 3828, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 2025-2026, Effective January 1, 2026;”

13.City Resolution No. 2025-106, “A Resolution of the City Council of the City of Foster City Approving the Foster City Police Officer Association (FCPOA) Letter of Understanding and Management Compensation and Benefits Plan Effective January 1, 2026”; and

14.EMID Resolution No. 3829, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Foster City Police Officer Association (FCPOA) Letter of Understanding and Management Compensation and Benefits Plan Effective January 1, 2026.”

PUBLIC HEARINGS

HOUSING ELEMENT IMPLEMENTATION OF SINGLE FAMILY AND TWO-FAMILY OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS. CITY RESOLUTION NO. 2025-107.

Community Development Director Mangalam presented the staff report.

Mayor Kiesel opened a public hearing to hear and consider comments regarding Housing Element Implementation of Single Family and Two-Family Objective Design and Development Standards.

Pablo addressed the City Council via teleconference.

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

6.1 6.1 Minutes

13 Discussion ensued.

Motion by Vice Mayor Niederhofer, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, to introduce and read by title only, waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Adding a New Chapter 17.15 “Single-Family and Two-Family Objective Design and Development Standards” and Finding the Amendments Within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509) – Rz2024-0005.”
Motion by Vice Mayor Niederhofer, seconded by Councilmember Venkat, and carried unanimously by roll call vote, 5-0-0, to introduce and read by title only, waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Title 17, “Zoning” of the Foster City Municipal Code by Repealing and Replacing Chapters

17.50 “Accessory Buildings and Uses” and 17.54 “Yards”; and Amending Chapters 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design and Development Standards”; and Finding the Amendments within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509).” Motion by Councilmember Venkat, seconded by Vice Mayor Niederhofer, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2025-107, “A Resolution of the City Council of the City of Foster City Rescinding Architectural and Solar Guidelines; and Various Policies Pertaining to Review of Single-Family and Two-Family Homes, Including Policy No. 2001-113 - Awnings; Policy No. 2-2000 Reroofing Policy; Policy No. 03-001 - Copper Gutters, Downspouts and Flashing Policy; Policy No. 18-10 Window Replacement Policy; Policy No. 01-02 - Bay/Bow/Garden and Greenhouse Window Policy; Policy No. 1-2000 - Solar Impacts; and Policy No. 2-2000 – Exterior Color Change Policy; and Finding the Request within the Scope of the Environmental Impact Report (EIR) Prepared for the Foster City Housing and Safety Element Update (SCH Number 2022010509).”

REPORTS
E-BIKE & E-SCOOTER DATA AND INFORMATION. NO ACTION TAKEN.

Police Chief Call presented the staff report.

Discussion ensued.

The following people addressed the City Council in person:

1. Yiming Luo;

2. Diego Ochoa, San Mateo-Foster City School District Superintendent;

3. Allison Proctor, San Mateo-Foster City School District Board member; and

6.1 6.1 Minutes

14 4. Steve Gunn.

The following people addressed the City Council via teleconference:

1. Pablo; and

2. Mike Swire.

No action was taken.

BICYCLE AND PEDESTRIAN MASTER PLAN PROJECT UPDATE. MINUTE ORDER NO. 2055.

Public Works Director Brozyna and Assistant Engineer McWilliams introduced Angelica Rocha, Project Manager with Fehr and Peers, who presented the staff report.

Yiming Luo addressed the City Council in person.

The following addressed the City Council via teleconference:

1. Evan Adams;

2. Mike Swire; and

3. Pablo.

Discussion ensued.

Motion by Vice Mayor Niederhofer, seconded by Councilmember Venkat, and carried by roll call vote, 5-0-0, adopting Minute Order No. 2055, receiving and accepting the Bicycle and Pedestrian Master Plan Project Update.

RECESS. The meeting recessed at 9:05 p.m. and reconvened at 9:13 p.m.

RESOLUTIONS FOR ADOPTION
FOSTER CITY PARKS SYSTEM MASTER PLAN (CIP 301-682). CITY RESOLUTION NO. 2025-108.

Parks and Recreation Director Schweigart and Parks Manager Fanara introduced Peter Winch and Madison Merrill with Wallace Roberts & Todd, LLC (WRT) who presented the staff report.

The following people addressed the City Council via email:

1. Shawn Mooney;

2. Chris Leger;

3. Rick Cavallaro;

4. Andrew Pham;

5. James Cooper;

6. Ken Poulton;

7. Kandy O’Mara;

6.1 6.1 Minutes

15 8. Georg Schuele;

9. Eric Lennane;

10.Yomi Matsuoka;

11.Paul Shapiro;

12.Nicole Fong;

13.Walter Zuluaga;

14.Jon Sams;

15.Julie Pan;

16.Gentaro Hirota;

17.Eugenia McCauley;

18.Hans Gustavson;

19.Brian Marshall;

20.Evan Cohen;

21.Jen Lo;

22.Mike Schmidt;

23.Lauren Zoob;

24.Ronald Pacher;

25.Hayato Ikoma;

26.Serge de Grandpre;

27.Darren Bass;

28.Limin S.;

29.Paul Lattik;

30.Dan Siskind;

31.James Leontis;

32.Louise Morin;

33.Mark Keenan;

34.Serge Nadon;

35.Mark B. Tischler;

36.Annick Theoret;

37.Pierre Vachon;

38.Roger Naden II;

39.Dima Borodin;

40.Steve Gunn;

41.Angela L.Y. Lee;

42.Jack Hodges;

43.Kim Swords;

44.Traci Hornbaker;

45.Mandi Browning;

46.Brian Coe;

47.Greg Gavalakis;

48.Rich Feldman;

49.M.D. Ornatkiewicz;

50.Eric Storne;

51.Gerritt A. Rutgers;

52.Dee Sale;

53.D.D.;

6.1 6.1 Minutes

16 54.Hong;

55.Jason;

56.Nicole;

57.Stan Forman;

58.Vuda;

59.Elena Ufimtseva;

60.D.V.;

61.Sven Brehmer;

62.Jessie Shao;

63.Carlo Cardilli; and

64.Anna Y. Li.

Steve Gunn addressed the City Council in person.

The following addressed the City Council via teleconference:

1. Doris Duncan;

2. Nik Airr;

3. Evan Adams; and

4. Elena U.

Discussion ensued.

Motion by Vice Mayor Niederhofer, seconded by Councilmember Venkat, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2025-108, “A Resolution of the City Council of the City of Foster City Approving the Foster City Parks System Master Plan (CIP 301-682).”

AUTHORIZE FULL COST OF PURCHASES FOR PUBLIC AND PARK SITE FURNITURE IN THE AMOUNT OF $1,046,772, WHICH INCLUDES A SOLE SOURCE PURCHASE OF $67,508 FROM MMCITE, FOR THE FOSTER CITY COMMUNITY CENTER REBUILD PROJECT (CIP 301-678) AND APPROPRIATING $53,900 FROM THE EQUIPMENT REPLACEMENT FUND (FUND 502) FOR CERAMIC KILNS. CITY REOSLUTION NO. 2025-109.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Venkat, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2025-109, “A Resolution of the City Council of the City of Foster City Authorizing Full Cost of Purchases for Public and Park Site Furniture in the Amount of $1,046,772, Which Includes a Sole Source Purchase of $67,508 from MMCITE, for the Foster City Community Center Rebuild Project (CIP 301-678) and Appropriating $53,900 from the Equipment Replacement Fund (Fund 502) for Ceramic Kilns.”

6.1 6.1 Minutes

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

City/District Warrants of Demands were Processed and Issued on November 13, 2025 and November 25, 2025, and ACH were processed on November 5, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager Chatwin reminded the Council and public that City Hall will be closed from December 24, 2025 through January 4, 2026 in observance of the winter holidays. Staff and emergency services will still be available during that period except for on Christmas Eve, Christmas Day, New Years Eve, and New Years Day. He stated the January 5, 2026 City Council meeting has been cancelled.

Councilmember/Director Sullivan stated he attended the HIP Housing Annual Calendar Launch Party on December 11. On December 12, he attended the Grand Opening event of Osaka Marketplace at the Edgewater Place Center. He wished the public a Happy Hannukah and Merry Christmas.

Councilmember/Director Venkat stated she attended Foster City Village’s Winter Party on December 9. On December 10, she attended the Citizens Sustainability Advisory Committee meeting. On December 11, she assisted as a crossing guard at Bowditch Middle School. On December 12, she attended the Grand Opening event of Osaka Marketplace. She gave her condolences to Varun Sharma and his family, and to the victims of the Brown University and Bondi Beach, Australia shootings. She wished everyone a Happy Hannukah, Happy Kwanza, and Merry Christmas.

Councilmember/Director Jimenez thanked Senior Management Analyst Brannon for hosting a workshop on December 9 with Peninsula Clean Energy on clean energy and savings. She encouraged the public to visit https://www.peninsulacleanenergy.com/ to learn more about their resources. She also wished everyone a Happy Holidays.

Vice Mayor/Vice President Niederhofer stated she attended the annual Tree Lighting Ceremony event at the Leo J. Ryan Amphitheater on December 3. On December 4, she attended the Planning Commission meeting. She congratulated Councilmember/Director Jimenez for hosting a successful town hall event with Assemblymember Papan on December 6. She shared that San Mateo County Supervisor Corzo presented the State of the District and Strategic Plan for District 2 on December 11, which can be found at https://www.smcgov.org/district-2. She stated she will be participating in Samaritan House’s Holiday Gift Distribution on December 20 at the San Mateo County Event Center and wished everyone a Happy Holidays.

Mayor/President Kiesel stated he attended a session on December 8 hosted by San Mateo County Supervisors Speier and Mueller to share information regarding human

6.1 6.1 Minutes

18 trafficking in the Bay Area in anticipation of the upcoming Super Bowl and World Cup matches in 2026. On December 11, he attended the HIP Housing Annual Calendar Launch Party. On December 12, he attended the Grand Opening event for Osaka Marketplace and wished everyone a Happy Holidays.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Kiesel adjourned the meeting. Meeting adjourned at 10:29 p.m.

6.1 6.1 Minutes

19 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.15 “SINGLE-

FAMILY AND TWO-FAMILY OBJECTIVE DESIGN AND DEVELOPMENT
STANDARDS” AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE

ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENT UPDATE (SCH NUMBER 2022010509) – RZ2024- 0005

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, Chapter 8, Housing Goals, Policies, and Programs of the Housing Element, forms the housing policy roadmap for the city and describes the implementation measures that the City needs to undertake in the planning period 2023-31; and WHEREAS, these goals, policies, and programs aim to provide additional housing in a way that is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation and the Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementation of these Programs; and WHEREAS, amendments to Title 17, Zoning, of the Foster City Municipal Code to establish single- and two-family objective design standards and provide a streamlined review process for affordable housing projects are required by Housing Element Implementation Programs, including, H-B-4-a Update Architectural and Solar Guidelines for Single Family Homes and H-D-6-a Minimize Governmental Constraints; and WHEREAS, the proposed amendments to implement programs contained in the RHNA 6 Housing Element for the 2023-2031 Planning Period are within the scope of the environmental impact report prepared for the Foster City Housing Element and Safety Element Update (SCH# 2022010509); and
WHEREAS, on September 11, 2024, a Land Use Subcommittee meeting and on September 19, 2024, a Planning Commission study session were held to discuss the implementation of the Housing Element programs; and

6.2 6.2 Ordinance

20 4
1 3
8 WHEREAS, staff reviewed existing policies, guidelines and other Chapters of the Municipal Code pertaining to the review of single-family and two-family homes; and WHEREAS, staff drafted a new Chapter 17.15 Single-Family and Two-Family Objective Design and Development Standards and amendments to various Chapters of Title 17, Zoning, including, 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design and Development Standards, in order to implement the Housing Element programs H-B-4-a and H-D-6-a; and
WHEREAS, the Planning Commission reviewed the proposed amendments to Title 17, Zoning, at Study Sessions on July 18, 2024, April 17, 2025, June 5, 2025, September 18, 2025, and November 6, 2025; and
WHEREAS, on November 20, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, adding a new Chapter

17.15, Single-Family and Two-Family Objective Design And Development Standards, and finding that the amendments are within the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509); and
WHEREAS, on November 20, 2025, Planning Commission voted 5-0-0-0 approving Resolution P-14-25 recommending that the City Council amend Title 17, Zoning of the Foster City Municipal Code by adding a new Chapter 17.15 Single-Family and Two-Family Objective Design and Development Standards and finding the amendments within the scope of the Environmental Impact Report (EIR) prepared for the Foster City Housing And Safety Element Update (SCH NUMBER 2022010509); and WHEREAS, on December 2, 2025, a Notice of Public Hearing was duly posted for consideration of the proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, adding a new Chapter 17.15, Single-Family and Two-Family Objective Design and Development Standards, and the related CEQA finding, for the City Council public hearing on December 15, 2025; and
WHEREAS, on December 15, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, adding a new Chapter

17.15, Single-Family and Two-Family Objective Design And Development Standards, as referenced above, as well as the proposed CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

6.2 6.2 Ordinance

21 4
1 3
8 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS: Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

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

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

4. The proposed amendments to implement programs contained in the RHNA 6 Housing Element for the 2023-2031 Planning Period are within the scope of the environmental impact report prepared for the Foster City Housing Element and Safety Element Update (SCH# 2022010509), and no further environmental review is necessary.

Section 2. The City Council does hereby amend Title 17, “Zoning” of the Foster City Municipal Code by adding a new Chapter 17.15, “Single-Family And Two-Family Objective Design And Development Standards” as set forth in the attached Exhibit A and attached hereto and incorporated herein.

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

Section 3. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 4. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

6.2 6.2 Ordinance

22 4
1 3
8 This Ordinance was introduced and read on the 15th day of December 2025, and passed and adopted on the 20th day of January 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________

ART KIESEL, MAYOR

ATTEST:

________________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 6.2 Ordinance

23 3
7 7
1 Exhibit A
Chapter 17.15 Single-Family and Two-Family Objective Design and Development Standards
Sections
Chapter 17.15...................................................................................................................1

17.15.010 Intent and purpose...........................................................................................1

17.15.020 Applicability......................................................................................................1

17.15.030 Process............................................................................................................2

17.15.040 Design Standards ............................................................................................2

17.15.050 Supplemental Design and Development Standards......................................17

17.15.010 Intent and purpose
A. It is the intent of the city council in enacting this chapter to protect the health, safety, and general welfare of the city by maintaining the high standards of architectural design that have distinguished Foster City as a thriving master planned City in California.

B. This chapter establishes design and development standards to meet the following objectives:

1. Maintain the integrity and high-quality living environment of the City's residential neighborhoods.

2. Achieve a high-quality baseline for the design of applicable single-family and two- family residential projects (“dwelling units”) that are integrated with the existing surroundings and neighborhoods and provide attractive and desirable living environments.

3. Establish clear expectations for community members, decision-makers, and applicants prior to the submittal and approval of applicable new and modified single-family and two-family dwelling units.

C. This chapter is intended to supplement, not replace, regulations in other titles and chapters of the Foster City Municipal Code and any other relevant state or federal regulations applicable to single-family and two-family dwelling units, including but not limited to the California Building Code. Where there are any conflicts, the most restrictive regulations shall govern.

17.15.020 Applicability
A. The provisions of this chapter shall apply to applications for planning approval of residential projects such as new, replaced, or modifications to buildings and/or structures and other property improvements in the R-1 Single-Family Residence

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

24 3
7 7
1 District, R-1/PD Single-Family Residence District/ Planned Development, R-2 Two- Family Residence District and R-2/PD Two-Family Residence District/Planned Development.

B. Effective Date. This chapter shall apply to applications for planning approval of residential projects identified in subsection A, submitted on or after the date this chapter becomes effective.

17.15.030 Process
A. The standards contained in this chapter shall be applied as part of the review of any required application(s) for planning approval for all residential projects in zoning districts identified in 17.15.020(A).

B. As an alternative to a variance as provided in Section 17.06.080, a project applicant may request Planning Commission approval of an exception or exceptions to the design standards, as part of the required review process, use permit, or architectural review, as follows:

1. The request shall be in writing, in conjunction with a planning application.

2. The request shall include: (a) the standard that is requested to be waived, (b) how the unique circumstances of the project and/or physical constraints of the project site make application of the standard infeasible, and (c) how the requested exception meets the intent of the standard.

3. The planning commission shall approve an exception if all of the following findings are made:
a. Approving the exception will not create a safety hazard; and b. The proposed project meets the intent of the standard under consideration to the extent feasible.

17.15.040 Design Standards
A. Site Design.

1. Entry location and street orientation. These standards shall apply to new dwelling unit(s).
a. The primary entry for a proposed new dwelling unit shall comply with one (1) of the following:
i. Be located and oriented to face the public or private street.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

25 3
7 7
1 ii. Be located inside an entry courtyard.
iii. Be located on the side of the dwelling unit, with a side setback of no less than 10 feet from the side property line in the area between the front property line and furthest extent of the primary entry.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

26 3
7 7
1 b. For corner lots, the primary entry may be oriented toward either street. c. A walkway measuring a minimum of thirty-six (36) inches in width shall be provided from the driveway or sidewalk to the primary entry. d. The design of the primary entry shall be in conformance with Section

17.15.040(B)(5).

2. Curb Cuts and Driveways. These standards shall apply to new or modifications to existing curb cuts or driveways.
a. Curb cut standards.
i. Curb cuts shall be permitted only to provide access to garages, carports, and parking spaces approved pursuant to a building permit or Chapter

17.64. ii. Curb cut widths.
(a) Single or tandem parking. The width of a curb cut serving one (1) parking space or two (2) parking spaces in a tandem configuration shall be a minimum of ten (10) feet and a maximum of twelve (12) feet, excluding aprons.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

27 3
7 7
1 (b) Side-by-side or two-car parking. The width of a curb cut serving two (2) or more parking spaces in a side-by-side configuration shall be a minimum of ten (10) feet and a maximum of twenty (20) feet, excluding aprons.
iii. The nearest edge of a driveway curb cut shall be at least three (3) feet from the centerline of a fire hydrant, light standard, traffic signal, utility pole, water meter, crosswalk, curb inlet, or other similar facility. iv. Curb cuts shall conform to the latest City Standard Detail. b. Street-Facing Garage/Carport Driveway.
i. A driveway serving two (2) or more parking spaces in a side-by-side configuration shall be a minimum of twenty (20) feet in depth and a minimum of sixteen (16) feet in width.
ii. A driveway serving one (1) parking space or two (2) parking spaces in a tandem configuration shall be a minimum of twenty (20) feet in depth and a minimum of ten (10) feet in width.
iii. Driveways on corner lots shall be located at least twenty (20) feet from the property lines at the intersection of the corner or pedestrian crosswalk. iv. Driveways abutting a side property line shall include a landscape buffer that is a minimum two (2) feet in width between the property line and the driveway.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

28 3
7 7
1 c. Side-Entry Garage/Carport Driveway.
i. A landscape buffer that is minimum of two (2) feet in depth shall be provided between the driveway and the primary building.
ii. A minimum distance of at least twenty-four (24) feet shall be required between the garage face and the opposite edge of the driveway for any garage/carport that does not directly face the street.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

29 3
7 7
1 d. Shared driveways.
i. Shared driveways between two (2) separately owned properties shall provide a minimum distance of fifty-two (52) feet between the faces of garage doors that face each other across a shared driveway. A recorded reciprocal easement shall be provided to ensure shared access.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

30 3
7 7
1 ii. If there is a shared driveway between two (2) properties, and one (1) of the property owners wishes to separate the driveway, the property owner shall ensure that both driveways, upon separation, meet the requirements of this Chapter.
e. Street Corner and Driveway Visibility Requirements.
i. No accessory structure, or other obstruction, more than 40 inches in height, shall be located within visibility triangles required by Section 17.52.030.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

31 3
7 7
1 3. Landscaping and Lighting. These standards shall apply to new or modifications to dwelling unit(s).
a. Front Yard Landscaping. All portions of the front yard, except walkways, driveways, and approved parking areas, shall be landscaped according to the following standards:
i. The ground area shall be covered with plantings, mulch, or inorganic ground cover.
b. Front Yard Paving.
i. Where the garage or carport entry faces the street, paving in the front yard, including the driveways, shall not exceed sixty-five percent (65%) of the front yard.
ii. For side entry garages or carports, the paved area (if any) between the side of the garage or carport facing the street and the front property line parallel to the street shall not exceed fifty percent (50%).
iii. Front yard paving shall maintain a minimum setback of two (2) feet from any side property line.
c. Lighting. Exterior lighting shall be subject to the following restrictions:
i. Wall fixtures shall be mounted below the roof eave. ii. All light fixtures mounted more than four (4) feet from grade shall be directed downward and shielded.
iii. A motion-activated light shall be directed downwards to prevent the light from reaching adjacent properties.
iv. No permanently installed outdoor lights that blink, revolve, flash, or change intensity shall be permitted.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

32 3
7 7
1 v. Uplighting of architectural and landscape features is permitted if the fixture is fully shielded and aimed upwards to illuminate only the intended surface. vi. Uplighting of glass, reflective, or polished surfaces is prohibited.

4. Mechanical Equipment/Utilities.
a. Conduits or ducts for mechanical equipment/utilities shall be painted to match the surrounding surface color.
b. Mechanical equipment/utilities in front yards. Mechanical equipment shall not be located in front yards. Notwithstanding the foregoing, one (1) electric vehicle (EV) charger up to two (2) square feet in size, shall be exempt from this requirement.
c. Mechanical equipment/utilities in the side and rear yards. Mechanical equipment may be located in the side or rear yards when all the requirements below are met:
i. The equipment is located behind and lower than a fence or wall; and ii. The equipment shall maintain a setback of at least three (3) feet from the side property line; and
iii. The noise levels produced by the Mechanical equipment/utilities do not exceed those levels identified in subsection B, Noise Limits (Table 1) of Section 17.68.030, Noise, of Chapter 17.68, General Performance Standards.
d. Mechanical equipment/utilities on the roof
i. All roof-mounted mechanical equipment/utilities, except solar panels, shall be screened or incorporated into the design of the building(s) so as not to be visible from private street or public right-of-way.
ii. All vents/flues/termination/exhausts shall not extend above the roof except as required by the California Building Code and shall be painted to match the adjacent surface.

B. Building Design.

1. Building Massing. These standards shall apply to new two-story home(s) or second-story additions to existing dwelling unit(s):
a. If the addition will cause any loss of sunlight to any window of an adjacent house, the applicant shall provide a shading impact study with the permit application to demonstrate compliance with this section. b. No new two-story home(s) or second-story addition shall:
i. Eliminate all direct sunlight to any living/family room, dining room, or kitchen in an adjacent house.
ii. Reduce more than 2 hours of direct sunlight to a living/family room or kitchen in an adjacent house, or more than 4 hours of direct sunlight to a bedroom in an adjacent house.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

33 3
7 7
1 iii. Reduce the amount of time that an adjacent house's window receives direct sunlight by more than 50% at any season where an impact occurs (requires a comparison of the hours that a window receives direct sunlight in an existing and proposed condition).
c. If a living/family room, dining room, or kitchen in the adjacent house has multiple windows, the solar impact will be based on the aggregate impact.

2. Building Articulation. These standards shall apply to new dwelling unit(s). a. Front and Street Side Articulation. Any front or street-side elevation shall contain at least two (2) of the following treatments, compliant with associated standards or regulations:
i. A primary entry designed in conformance with Section 17.15.040(B)(5). ii. Change in material, texture, or color in conformance with Section

17.15.040(B)(2)(c).
iii. Window(s) designed in conformance with Section 17.15.040(B)(7). iv. A recess or projection on the lower or upper floor that is at least two (2) feet in depth and four (4) feet in width.
v. An attached trellis or pergola in conformance with Sections 17.15.050(A)(2) or 17.15.050(D)(2) as applicable.
b. Rear Elevation Articulation. Any rear elevation shall provide at least two (2) of the following treatments:
i. Change in material, texture, or color in conformance with Section

17.15.040(B)(2)(c).
ii. Window(s) designed in conformance with Section 17.15.040(B)(7). iii. Entry door.
iv. A deck or balcony.
v. An attached trellis or pergola in conformance with Sections 17.15.050(A)(2) or 17.15.050(D)(2) as applicable.
vi. A recess or projection of at least two (2) feet in depth and four (4) feet in width.
c. Prohibited Building Materials and Colors.
i. The applicant shall refer to the list of prohibited building materials established by the Community Development Department for use on building exteriors and available on the Department’s website. Any items on the Prohibited Building Materials list are prohibited on building exteriors. The list may be amended from time to time to accommodate new materials and colors.
ii. Color. See Section 17.58.020(C).

3. Building Roofs.
a. Articulation. These standards shall apply to roof(s) for new dwelling unit(s).

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

34 3
7 7
1 i. Continuous rooflines that face a public or private street shall not exceed thirty (30) feet in length and shall be vertically articulated with at least one (1) of the following treatments, compliant with the associated standards or regulations:
(a) A change in height of at least four (4) feet.
(b) A roof dormer
(c) A change in roof orientation
(d) A change in roof form that projects at least two (2) feet above the main roofline.
(e) Openings in the roof, such as openings with exposed rafters. b. Roof Pitch. These standards shall apply to roof(s) for new dwelling unit(s). i. The roof pitch shall be consistent on all pitched roof sections. c. Materials and colors. These standards shall apply to roof(s) for new dwelling unit(s) and modifications to existing dwelling unit(s). i. The Community Development Department shall establish a list of approved roof materials and colors and make it available on the Department’s website. The list may be amended from time to time to accommodate new materials and colors.
ii. The roof material on a single structure shall be the same material on all sides.

4. Garage. These standards shall apply to new or replaced garage(s) and not modifications or improvements to existing garages(s).
a. Garage Frontage.
i. Street-Facing Garages.
(a) For lots with a width between fifty (50) and sixty (60) feet, the garage frontage, including the door width and space between multiple doors, shall not exceed fifty percent (50%) of the front façade of the dwelling unit.
(b) For lots wider than sixty (60) feet, the garage frontage, the garage frontage, including the door width and space between multiple doors, shall not exceed forty percent (40%) of the front facade of the dwelling unit.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

35 3
7 7
1 b. Garage Interior Size.
i. Garage interiors shall be the minimum size required by Section

17.62.050(B)(1).
(a) Exception. Certain mechanical systems and electrical storage batteries may extend up to three (3) feet into the required unobstructed area, provided that they are placed at a height of forty-two (42) inches above the floor.
c. Garage Location.
i. A street-facing garage must be setback at least twenty (20) feet from the front property line unless otherwise permitted within a planned development (PD) district.
ii. Side-entry garage shall have driveway consistent with Section 17.15.040( A)(2).
d. Garage Door Opening Size. The primary garage entry/doors shall be sized as follows:
i. Single car or tandem garage shall have a minimum opening width of eight (8) feet and a maximum opening width of nine (9) feet.
ii. Two-car (side-by-side) garage shall have a minimum opening width of sixteen (16) feet and a maximum opening width of eighteen (18) feet. e. Garage Articulation.
i. Front-facing garages shall incorporate either a recess of at least five (5) inches from the surrounding wall plane or an overhang at least twelve (12) inches in depth.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

36 3
7 7
1 6.2
Attachment 1 Exhibit A - Draft New Chapter 17

37 3
7 7
1 ii. Side entry garages shall incorporate at least one (1) of the following along the street frontage facade:
(a) Window(s) designed in conformance with Section 17.15.040.B.7. (b) Decorative trellis minimum eight (8) feet in width. f. Style. All garages, either attached or detached, front or side entry, shall have the same architectural style as the primary residence, including but not limited to roof pitch, color, and materials.

5. Primary Entry. These standards shall apply only to new dwelling unit(s). A primary entry shall be defined by at least one (1) of the following elements:
a. Articulated with a roof form that projects from the front elevation at least three (3) feet.

b. A covered porch with a minimum of three (3) feet in depth and four (4) feet in width.
c. Recessed entry of at least three (3) feet in depth and four (4) feet in width that creates a covered landing area.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

38 3
7 7
1 d. Any Architectural feature associated with a primary entry that projects into yards shall comply with the requirements of Section 17.15.050(E)(2).

6. Balconies. These standards shall apply to new dwelling unit(s) and modifications/improvements to existing dwelling unit(s) that are adding new balconies.
a. Balconies shall not be located on any elevation facing a side yard unless there is a separation from the edge of the balcony to the nearest wall plane of the adjacent dwelling unit of at least twenty five (25) feet. i. Exceptions. Juliette balconies on a side elevation are allowed to extend six (6) inches into the side setback.
b. The outer edge of projecting balconies located on rear elevations shall not be closer than fifteen (15) feet to the property line which it faces.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

39 3
7 7
1 7. Windows. These standards shall apply to new dwelling unit(s) and modifications/improvements to existing dwelling unit(s) that are adding, replacing, or modifying windows, as follows:
a. Frame color, window type, and style.
i. On the front elevation and street side elevation, all windows shall have the same frame color, frame width, trim width, window type, and style, except for side lite windows adjacent to the primary entry door(s). (a) For the purposes of this section, window styles with the same exterior appearance, including casement, fixed, and awning window styles are considered the same style.
ii. On side (not street-facing) and rear elevations, the frames of all windows shall be the same color.
iii. Shutters. If shutters are provided, they shall be sized to cover one hundred percent (100%) of the window and match the exact window shape. b. Window projections. Windows that project from the wall plane of any elevation are subject to the following standards:
i. Window projection(s) that extend to the ground shall count towards lot coverage and shall not extend into the required setback. ii. Window projection(s) that do not extend to the ground shall be considered an architectural feature and may extend into the required setback in conformance with Section 17.15.040(E)(2).
c. Windows exempt from Architectural Review pursuant to Section

17.58.020(B)(11) shall provide the same frame color.

17.15.050 Supplemental Design and Development Standards A. Accessory Structures.

This section shall apply to all new detached or attached accessory structures, including but not limited to carports, sheds, workshops, gazebos, trellises, and covered patios that are six (6) feet or taller in height.

1. Detached Accessory Structures.
a) Location. Detached accessory structures shall be located in the rear half of the lot. Trellises and pergolas can be located in the front yard as long as they are no larger than 50 square feet in size and open on all sides. (i) For waterfront properties, the rear one-half of the lot shall be determined by: (a) measuring from the front property line to the water side of the bulkhead; or (b) in the case where there is no bulkhead, the rear one-half of a waterfront lot shall be determined by taking the total lot depth of the lot excluding any easement that the city has been granted to maintain the

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

40 3
7 7
1 lagoon for waterfront properties; or (c) in the case where there is no bulkhead or no maintenance easement, the rear one-half of a waterfront lot shall be determined by measuring from the front property line to the highest water line. b) Setbacks. Accessory structures taller than six (6) feet in height shall be set back:
(i) A minimum of four (4) feet from any rear or non-street side property line. (ii) A minimum of ten (10) feet from a street-side property line. (iii) A minimum of five (5) feet from the primary dwelling. (iv)A minimum of ten (10) feet from the lagoon bulkhead, rip-rap, or water’s edge if a waterfront property.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

41 3
7 7
1 c) Height. The maximum allowable height of detached accessory structures is ten (10) feet measured from grade to the highest point of the structure. d) Lot Coverage. Detached accessory structures, six (6) feet or taller, shall be included in the calculation of the maximum lot coverage of 50%.

2. Attached Accessory Structures.
a) Accessory structures are considered “attached” when any portion is located within twelve (12) inches of the main building.
b) Setbacks. Attached accessory structures taller than six (6) feet in height shall comply with setback requirements for the main building. c) Height. The maximum allowable height of attached accessory structures is ten (10) feet measured from grade to the highest point.
d) Lot Coverage. Attached accessory structures taller than six (6) feet shall be included in the calculation of maximum fifty percent (50%) lot coverage. - e) Exception. A patio cover unenclosed on at least two (2) sides to serve the ground floor shall be allowed to extend into the rear yard area, provided that:
(i) The patio cover shall not extend more than twenty (20) feet from the rear of the main structure and shall not exceed fifty percent (50%) of the rear yard area; and
(ii) The patio cover shall maintain a minimum setback of five (5) feet from the rear property line.

3. Other regulations.
a) Plumbing to accessory structures shall be limited to cold water, hot water, and gas in conformance with Building Code requirements.
b) No use of any attached accessory structure extending into any yard area shall be permitted above the first floor.
c) No attached accessory structure shall be enclosed to form a living or storage area unless it complies with all requirements and standards for a room addition.

B. Decks and Patios. These standards shall apply to new decks and modifications to existing decks and patios.

1. Setbacks.
a) Any deck which is raised more than six (6) inches above grade shall maintain a minimum setback of two (2) feet from any property line(s). b) Decks and patios raised three (3) feet and higher shall require a minimum five (5) foot setback from any property line(s).
c) For waterfront properties, decks shall be three (3) feet from the inside edge of the bulkhead or top of the rip-rap.

2. Screening. Decks and patios taller than twelve (12) inches from grade shall provide skirting to screen off-site views of the underside of the structure unless located within a yard fully enclosed by a fence at least six (6) feet in height.

C. Windscreens.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

42 3
7 7
1 1. Windscreens in Side and Rear Yards. Windscreens shall be allowed in a side or rear yard, subject to the following:
a) Windscreens shall be permitted at grade or on decks no higher than five (5) feet above grade.
b) Windscreens shall be constructed of clear tempered glass or other clear rigid material.
c) Windscreens may include a frame not to exceed six (6) inches in width. d) Maximum height shall be ten (10) feet, measured from grade or from the top of a first-floor deck, whichever is higher.
e) Windscreens shall maintain a setback of at least five (5) feet from any property line or public walkway easement.
f) For waterfront properties, windscreens shall be three (3) feet from the inside edge of the bulkhead or top of the rip-rap.
g) Windscreens shall not be used to enclose space to form a living or storage area.

D. Yards.

1. Yards on irregular (non-rectangular) lots.
a) Front Yard. The front yard setback shall be 20 feet or the length of the narrow portion of the lot, whichever is greater.
b) Rear Yard. The rear yard is the yard farthest from the street. c) Other Yards. All yards other than the front and rear yards shall be considered side yards unless shown to be otherwise on the original building permit plans.

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

43 3
7 7
1 2. Projections into yards.
a) Architectural features. Architectural features on the main building, such as bay windows, cornices, and eaves, may extend into the required yard subject to the following:
(i) Architectural features may extend a maximum of two (2) feet into any required side yard and five (5) feet into any required front or rear yard, except as provided below:
(A)Awnings.
(1)Placement
(a)Awnings are prohibited in front yards.
(b)Awnings shall only be located in the side and rear yards and may not extend more than three (3) feet from the primary dwelling. (2)Materials.
(a)Awnings shall be flush-mounted on a wall and painted to match the wall color, or flush-mounted low on the first-floor roof near the roof edge, or along the first-floor eave.
(b)Awning materials shall be non-glare and conform to requirements of the Fire Code.
(c)Awnings shall have no stripes or patterns, lettering, symbols, graphics, or logos.
(B)Patio covers as provided in Section 17.15.050(A)(2).

6.2 Attachment 1 Exhibit A - Draft New Chapter 17

44 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17, “ZONING” OF

THE FOSTER CITY MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTERS

17.50 “ACCESSORY BUILDINGS AND USES” AND 17.54 “YARDS”; AND AMENDING CHAPTERS 17.04 “DEFINITIONS”; 17.12 “R-1 SINGLE-FAMILY RESIDENCE DISTRICT”; 17.14 “R-2 TWO-FAMILY RESIDENCE DISTRICT”; 17.58 “ARCHITECTURAL CONTROL AND SUPERVISION”; AND 17.96 “MULTIFAMILY AND

RESIDENTIAL MIXED-USE OBJECTIVE DESIGN AND DEVELOPMENT
STANDARDS”; AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE

ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENT UPDATE (SCH NUMBER 2022010509)

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, Chapter 8, Housing Goals, Policies, and Programs of the Housing Element, forms the housing policy roadmap for the city and describes the implementation measures that the city needs to undertake in the planning period 2023-31; and WHEREAS, these goals, policies, and programs aim to provide additional housing in a way that is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation and the Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementation of these Programs; and WHEREAS, amendments to Title 17, Zoning, of the Foster City Municipal Code to establish single- and two-family objective design standards and provide a streamlined review process for affordable housing projects are required by Housing Element Implementation Programs, including H-B-4-a Update Architectural and Solar Guidelines for Single Family Homes and H-D-6-a Minimize Governmental Constraints; and WHEREAS, the proposed amendments to implement programs contained in the RHNA 6 Housing Element for the 2023-2031 Planning Period are within the scope of the environmental impact report prepared for the Foster City Housing Element and Safety Element Update (SCH# 2022010509); and

6.3 6.3 Ordinance

45 4
1 4
0 WHEREAS, on September 11, 2024, a Land Use Subcommittee meeting and on September 19, 2024, a Planning Commission study session were held to discuss the implementation of the Housing Element programs; and
WHEREAS, staff reviewed existing policies, guidelines, and other Chapters of the Municipal Code pertaining to the review of single-family and two-family homes; and WHEREAS, staff drafted a new Chapter 17.15 Single-Family and Two-family Objective Design and Development Standards and amendments to various Chapters of Title 17, Zoning, including, 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control And Supervision”; and 17.96 “Multifamily And Residential Mixed-Use Objective Design And Development Standards, in order to implement the Housing Element programs H-B-4-a and H-D-6-a; and
WHEREAS, staff is also recommending rescinding Chapters 17.50 “Accessory Buildings and Uses” And 17.54 “Yards” from Title 17, Zoning; and WHEREAS, the Planning Commission reviewed the proposed amendments to Title 17, Zoning, at Study Sessions on July 18, 2024, April 17, 2025, June 5, 2025, September 18, 2025, and November 6, 2025; and
WHEREAS, on November 20, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, amending various Chapters of Title 17, Zoning, including, 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control And Supervision”; and 17.96 “Multifamily And Residential Mixed-Use Objective Design And Development Standards, and finding that the amendments are within the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509); and
WHEREAS, on November 20, 2025, Planning Commission voted 5-0-0-0 approving Resolution P-15-25 recommending that the City Council amend Title 17, Zoning of the Foster City Municipal Code amending various Chapters of Title 17, Zoning, including, 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design and Development Standards”, and finding the amendments within the scope of the Environmental Impact Report (EIR) prepared for the Foster City Housing And Safety Element Update (SCH NUMBER 2022010509); and
WHEREAS, on December 2, 2025, a Notice of Public Hearing was duly posted for consideration of the proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, amending various Chapters of Title 17, Zoning, including, 17.04

6.3 6.3 Ordinance

46 4
1 4
0 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control and Supervision”; and 17.96 “Multifamily and Residential Mixed-Use Objective Design and Development Standards, and the related CEQA finding, for the City Council public hearing on December 15, 2025; and WHEREAS, on December 15, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed amendments to Title 17, Zoning, of the Foster City Municipal Code, amending various Chapters of Title 17, Zoning, including, 17.04 “Definitions”; 17.12 “R-1 Single-Family Residence District”; 17.14 “R-2 Two-Family Residence District”; 17.58 “Architectural Control And Supervision”; and 17.96 “Multifamily And Residential Mixed-Use Objective Design And Development Standards, as referenced above, as well as the proposed CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

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

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

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

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

Section 2. Repeal and Replace. Chapters 17.50 “Accessory Buildings and Uses” and

17.54 “Yards” within Title 17, “Zoning” of the Foster City Municipal Code shall be repealed in their entirety with the term “Reserved”. So that the Chapter numbers remain for future use, as set forth in Exhibit A, attached hereto and incorporated herein.

Section 3. Amendment. The City Council does hereby amend the specified Chapters in Title 17, “Zoning” of the Foster City Municipal Code as presented in the attached Exhibits B through F, with additions identified by underline and deletions in strikethrough, as listed below and attached hereto and incorporated herein:

6.3 6.3 Ordinance

47 4
1 4
0 Exhibit B: Chapter 17.04 “Definitions”
Exhibit C: Chapter 17.12 “R-1 Single-Family Residence District” Exhibit D Chapter 17.14 “R-2 Two-Family Residence District” Exhibit E: Chapter 17.58 “Architectural Control and Supervision” Exhibit F: Chapter 17.96 “Multifamily and Residential Mixed-Use Design and Development Standards”
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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

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

This Ordinance was introduced and read on the 15th day of December 2025, and passed and adopted on the 20th day of January 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________

ART KIESEL, MAYOR

ATTEST:

________________________________

PRISCILLA SCHAUS, CITY CLERK

6.3 6.3 Ordinance

48 4
1 3
9 EXHIBIT A
CHAPTERS 17.50 “ACCESSORY BUILDINGS AND USES” AND 17.54 “YARDS” WITHIN TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE SHALL BE REPEALED IN THEIR ENTIRETY AND REPLACED WITH THE TERM “RESERVED”.

6.3 Attachment 2 - Exhibits A-F Other Chapters

49 4
1 3
9 EXHIBIT B
AMENDMENT. CHAPTER 17.04 DEFINITIONS, IS HEREBY AMENDED AS FOLLOWS (additions are in single-underline italics):
The following definitions are rescinded and replaced:

Accessory Building; Façade; Garage; Lot; Lot Line.
The following definitions are hereby added:
“Access” means the place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory Building. See Building, Accessory.

Accessory Structure. See Structure, Accessory.

Accessory Use. See Use, Accessory.
“Applicant” means the person, partnership, corporation, or state or local government agency applying for a permit, or other entitlement.
“Architectural Feature” means as exterior building feature, including recesses or projections, exterior articulation or walls, and other building surfaces. “Awning” means an architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. “Balcony” means a platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than three sides. “Juliette balcony” means a decorative railing or guard on the outer plane of a floor-to- ceiling window or door opening, providing the appearance of a balcony, but not extending a platform from the wall of the building.
“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, accessory. "Accessory building" or accessory structure means a building on the same property as the main building, but its use is secondary and incidental to the use of the main building.

6.3 Attachment 2 - Exhibits A-F Other Chapters

50 4
1 3
9 Building, main. "Main building" means the building containing the primary use of the lot and is not an accessory building.
“Building Frontage” means the lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business, even though another business may also have entitlement to that parking lot. “Construction” means construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.
“Courtyard” means any usable open space which is clear from the ground to the sky and surrounded by at least two (2) walls of a building, with the remaining sides enclosed by a wall or solid fence at least five (5) feet in height.
“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts.
“Driveway” means an accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property. “Enclosed” means a space closed in by a roof and by four or more connected floor-to- ceiling walls with appropriate openings for ingress and egress. “Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Frontage, Street. “Street frontage” means that portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway. “Garage” means an accessory structure or portion of a main structure, containing accessible and usable completely enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles. “Light Fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the San Mateo County, and

6.3 Attachment 2 - Exhibits A-F Other Chapters

51 4
1 3
9 which is recognized as a separate legal area for purposes of transfer of title, except easements or rights-of-way.

Lot, corner. “Corner lot means a lot or parcel bounded by two or more adjacent street lines.

Log, flag. “Flag lot” means a lot having access to a street by means of a private driveway, access easement or parcel of land with the access corridor not meeting the requirements of the residential zone for lot width.

Lot, interior. “Interior lot” means a lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots; a lot other than a corner lot. “Lot Coverage” means the portion of a lot that is covered by structures more than six (6) feet in height, including main and accessory buildings, garages, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. “Lot Line” means the boundary between a lot and other property or the public or private street.

Lot Line Types:

Front Lot Line. On an interior lot, the line separating the lot from public or private street. On a corner lot, the shorter lot line abutting public right-of-way or private street. On a through lot, the lot line abutting the public or private street providing the primary entry to the lot. On a flag lot, the interior lot line most parallel to and nearest public or private street from which access is obtained.

Interior Lot Line. Any lot line that is not adjacent to a public or private street.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line.

Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a public or private street.
“Modification” means alterations, additions, or changes to the outside of a building or its site that change its architectural appearance, materials, size, location, or physical characteristics, including construction, demolition, remodels, and changes to visible surfaces or appurtenances like roofing, siding, or balconies. These modifications are distinct from ordinary maintenance and repairs, which involve routine upkeep without altering the structure’s fundamental features.

6.3 Attachment 2 - Exhibits A-F Other Chapters

52 4
1 3
9 “Primary Entry” means a principal entrance used to enter a building or residential dwelling unit.

Property Line. see “Lot Line”.
“Setback” means the distance between a property line and a building or structure that must be kept clear or open. Also, see “Yard”.
“Structure” means anything constructed or erected which requires a location on the ground.

Structure, Accessory. “Accessory structure” means a detached subordinate structure used only as incidental to the main structure or use on the same lot.

Structure, Main. “Main structure” means a structure housing the primary use of a lot or functioning as the primary use.

Structure, Temporary. “Temporary structure” means a structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. “Tandem Parking” refers to two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Required Yard" means the minimum area or setback between a lot line and a building, which is unoccupied and unobstructed from the ground upward.

6.3 Attachment 2 - Exhibits A-F Other Chapters

53 4
1 3
9 EXHIBIT C
AMENDMENT. SECTION 17.12.040 IS HEREBY AMENDED AND A NEW SECTION

17.12.060 ADDED OF CHAPTER 17.12 R-1 SINGLE-FAMILY RESIDENCE DISTRICT , AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):

17.12.040 Area, bulk, yard and height regulations.

A. The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards: Chapter 17.15 and subsections B and C below.

Minimum Building
Site Required
Maximum
Density
permitted
Minimum Yards Required
Maximum Height
permitted
Maximum
Coverage
permitted
Minimum
Width (ft.)
Minimum
Area
(sq. ft.)
(Units per
Acre) Front (ft.) Side* (ft.) Street
Side (ft.)
Rear (ft.) Stories Ft. (%)
40 5,000 8 20 5 10 20 2 25 50
B. See section 17.15.050(A)(1) for setback requirements related to primary entry on the side of the main building.

C. Exceptions to setback requirements for previously developed lots. Where a lot was improved with a building at the time of the passage of the ordinance codified in this title (not including accessory buildings) with a setback less than the stated requirements of the district, it may be reconstructed with the same setback on the ground floor with a maximum height of sixteen (16) feet. Any second story shall comply with the setback requirements pursuant to Section 15.12.040.

17.12.060 Design and Development Standards
All new residential projects and modifications or improvements to buildings and/or structures shall be designed in accordance with Chapter 17.15.

6.3 Attachment 2 - Exhibits A-F Other Chapters

54 4
1 3
9 EXHIBIT D
AMENDMENT. SECTION 17.14.040 IS HEREBY AMENDED AND A NEW SECTION

17.124.060 ADDED OF CHAPTER 17.14, R-2 TWO-FAMILY RESIDENCE DISTRICT, AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):

Sections:

17.14.040 Area, bulk, yard, and height regulations.

A. The following area, bulk, yard, and height regulations shall apply in the R-2 districts, except as modified by Chapter 17.15 and subsections B and C below:

Minimum Building
Site Required
Maximum
Density
permitted
Minimum Yards Required Maximum Height
permitted
Maximum
Coverage
permitted
Minimum
Width (ft.)
Minimum
Area
(sq. ft.)
(Units per
Acre) Front (ft.) Side* (ft.) Street
Side (ft.)
Rear (ft.) Stories Ft. (%)
40 5,000 13 20 5 10 20 2 25 50
B. See section 17.15.050(A)(1) for setback requirements related to primary entry on the side of the main building.

17.14.060 Design and Development Standards
All new residential projects and modifications or improvements to buildings and/or structures shall be designed in accordance with Chapter 17.15.

6.3 Attachment 2 - Exhibits A-F Other Chapters

55 4
1 3
9 EXHIBIT E
AMDNEMENT. SECTIONS 17.58.020 AND 17.58.040 REPEALED AND REPLACED AND SECTION 17.58.030 AMENDED OF CHAPTER 17.58 ARCHITECTURAL CONTROL AND SUPERVISION, AS FOLLOWS WITH (additions in underline and deletions in strikethrough).

Sections:

17.58.020 Improvements subject to architectural review.

A. Each improvement as defined in Section 17.04.020 which is not otherwise declared exempt below shall be subject to architectural review as provided in this chapter, including the following:

1. Improvements in any zoning district subject to architectural review include:
a. New buildings, structures, reconstruction, or additions to existing structures; b. Modifications to the exterior of a structure;
c. Modifications to the site, including landscaping (except as exempted below) or addition of paved area to a front yard except for walkways; d. Accessory structures taller than six (6) feet in height and decks higher than eighteen (18) inches above grade, except as exempted below. e. All improvements which the community development director deems similar to those listed in subsections a through d, above;

2. In addition to the above, improvements in any residential zoning district subject to architectural review include:
a. Exterior storage of recreational vehicles, recreational vehicle equipment, boats, boat trailers, campers and camper shells pursuant to Chapter 17.64; b. Elimination of the setback requirement between a spa or hot tub and a common area property line in the RT/PD, C-2/PD, or R-3/PD districts upon securing architectural review approval by the planning commission in each planned development;
c. All improvements which the community development director deems similar to those listed in subsections a and b, above;
B. Improvements Exempt from Architectural Review. The following improvements shall be exempt from architectural review in all zoning districts unless otherwise specified below:

6.3 Attachment 2 - Exhibits A-F Other Chapters

56 4
1 3
9 1. Modifications to the interior of a structure;

2. Except as prohibited in Subsection C, Repainting or restaining of buildings or structures on properties in R districts that are not in a PD (planned development) district;

3. Except as prohibited in Subsection C, Repainting or restaining of buildings or structures on properties in C-O, C-I, C-2, C-M, C-A, M-I, PF, OSC or any PD (planned development) district, provided the new color is within the project color palette previously approved by the city with the specific development plan for the project.

4. Exterior landscaping of single family and two-family dwelling units unless required as a condition of approval of use permit or architectural review;

5. For properties where landscaping is required as a condition of approval of use permit or architectural review, replacement of landscape materials with the same species of plant;

6. Like-for like replacement of portions of the exterior of structures or improvements using materials of the same dimensions, type and color;

7. Improvements which are otherwise subject to use permit;

8. Storage sheds and other accessory structures lower than the fence line in a side or rear yard, except that accessory structures on waterfront property which are visible from public waterways shall require architectural review approval;

9. Flagpoles which are fifteen feet or less in height in an R district or less than twenty- five feet in height in a C or M district or in multifamily common areas;

10.Decks less than eighteen inches above grade at any point which are also a minimum of five feet from any property line;

11.Replacement of existing windows that comply with the requirements of Chapter

17.15 or 17.96 as applicable, including expansion of windows to meet California Building Code requirements and new windows of three (3) square feet or less that are not facing a public right-of-way.

12.Replacement of existing doors, including garage doors;

13.Fences on nonwaterfront property which do not face a public right-of-way;

14.Exterior spas, hot tubs or swimming pools, whether portable, temporary or permanent, that comply with the requirements of Chapter 17.66, including but not limited to setbacks of the spa, hot tub, or swimming pool and associated equipment;

6.3 Attachment 2 - Exhibits A-F Other Chapters

57 4
1 3
9 15.Replacement of exterior siding in the R-1 district with stucco, wood, wood shingle, or fiber cement siding, except that changes of siding on Eichler style houses as determined by the community development director shall require an architectural review permit;

16.Tubular style skylights;

17.Children’s play structures located in a side or rear yard, with a maximum height of eight feet, set back a minimum of five feet from any property line and located behind a minimum five-foot-tall fence with no electrical outlets or lights;

18.Basketball standards or similar equipment as determined by the community development director.

19.Accessory dwelling units and junior accessory dwelling units pursuant to Chapter

17.78. C. Improvements Which Are Prohibited. The following types of improvements are prohibited:

1. Repainting or restaining which uses a bright pastel, fluorescent, or a primary color.

2. Repainting or restaining which uses murals, multi-colored patterns, or similar features.
a. Exception – Murals of landscapes, hardscapes or foliage may be displayed on the interior side of fence and walls.

17.58.030 Architectural review approval required prior to construction or improvement.

Prior to the issuance of any building permit or construction of any improvement for any of the items listed in Section 17.58.020(A) and not exempt pursuant to Section

17.58.020(B), architectural review approval shall be obtained as required by this chapter.

17.58.040 Architectural review procedures.

A. Application. To obtain architectural review approval, the applicant shall submit application materials to the community development director or their authorized representative, including the following:

1. Application Forms. Completed Application forms as prescribed by the Community Development Department

6.3 Attachment 2 - Exhibits A-F Other Chapters

58 4
1 3
9 2. Checklist Requirements: All information/documents as outlined in the Community Development Department Application Requirements checklists;

3. Plans. Scaled and accurate plans to include required applicable information as outlined in the Community Development Department Application Requirements checklists;

4. Fees. The applicant shall pay all applicable fees as set forth in the master fee and service charges schedule, as adopted by resolution of the City Council.

B. Review for Completeness and Compliance with Standards.

1. The community development department shall review the request for completeness and compliance with the standards and requirements of this title and any other relevant requirements set forth in the Foster City Municipal Code and respond within 30 calendar days of receipt, unless both parties agree upon an extension, and either deem the application complete or provide a comprehensive list of all remaining items necessary for the application to be complete.

2. The community development director shall have the authority to determine which type of application(s) are required for proposed project(s); to administer the Architectural Review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.

3. The community development director may refer any Architectural Review permit application to the planning commission for comment or final action.

C. Reviewing Authority.

1. Planning Commission Architectural Review. The planning commission shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law for all architectural review applications pertaining to:
a. Major improvements on properties in any district including but not limited to the following improvements to property in R districts:
i. The applicant requesting an exception or exceptions to any standard or requirement of chapters 17.15 or 17.96.
ii. For waterfront properties, room additions on the second floor or additions on the ground floor that are more than four hundred (400) square feet or are visible from the waterfront;

6.3 Attachment 2 - Exhibits A-F Other Chapters

59 4
1 3
9 b. In districts other than R districts, the planning commission shall review modifications which result in an increase in floor area or a substantial change in the appearance of the building as determined by the community development director, including but not limited to use of lighting to outline features of a building, or any other item as determined by the community development director.
c. The planning commission shall review proposed changes to shopping center building colors in a legally noticed public hearing for the following neighborhood business or commercial mix districts: Charter Square Shopping Center/APN 094-473-010, 094-473-020 and 094-473-030; Beach Park Plaza Shopping Center/APN 094-261-330 and 094-261-270; The Market Place at Metro Center/APN 094-522-190; Edgewater Place Shopping Center/APN 094-541- 070 and Marlin Cove Shopping Center/APN 094-330-150.
d. Any improvement deemed by the community development director to be similar in nature to subsections (C)(1)(a)-(c).

2. Administrative Architectural Review.
a. For all architectural review applications other than those requiring planning commission action pursuant to subsection (C)(1) of this section, the community development director shall either approve, approve with conditions or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local law. (i) The community development director may refer the application to the planning commission for comment or final action.
b. A One Hundred Percent Affordable Housing Project, or other affordability requirement as specified by applicable State Law, which requires ministerial review and complies with the objective design and development standards included in Title 17, shall be ministerially reviewed pursuant to administrative architectural review.

D. Notice of Decision.

1. A written notice of the decision or planning commission resolution shall be provided to the applicant and owner within five calendar days after the decision is rendered.

2. The notice of decision and/or planning commission resolution shall clearly state any conditions of approval.

E. Decision Not Effective Until Permittee Acknowledges Acceptance of Any Conditions.

Any architectural review decisions shall not be effective until the permittee

6.3 Attachment 2 - Exhibits A-F Other Chapters

60 4
1 3
9 acknowledges acceptance of any conditions of approval and any appeal period has lapsed or if there is an appeal until a final decision has been made on the appeal.

F. Appeals.

1. The appeal period as prescribed in Section 17.06.140 shall begin on the date of planning commission decision or the notice of decision was issued.

2. Any decision on an architectural review application shall not be effective until the appeal period prescribed in Section 17.06.140 has lapsed or, if there is an appeal, until a final decision has been made on the appeal or upon the preparation of a notice of decision if the appeal period is waived pursuant to this section.

G. Expiration, extensions, and revocations. Architectural Review approval granted shall be subject to the provisions of Chapter 17.06.180-17.06.200 for expiration, extensions, and revocations.

6.3 Attachment 2 - Exhibits A-F Other Chapters

61 4
1 3
9 EXHIBIT F
AMENDMENT. SECTIONS 17.96.020 AND 17.96.030 OF CHAPTER

17.96 MULTIFAMILY AND RESIDENTIAL MIXED-USE OBJECTIVE DESIGN AND

DEVELOPMENT STANDARDS, ARE HEREBY AMENDED AS FOLLOWS AS FOLLOWS (additions are in single-underline italics and deletions are in strikethrough italics):

Sections:

17.96.020 Applicability.

A. The provisions of this chapter shall apply to all multifamily residential projects that include new or replaced dwelling units, including mixed-use residential/commercial developments, except:

1. Residential projects in the R-1, or R-1/PD, R-2, or R-2/PD zoning districts, including dwelling units developed under Government Code
Section 65852.21 or 66411.7 (SB 9, 2021);

2. Accessory dwelling units and junior accessory dwelling units.

17.96.030 Process.

A. The standards contained in this chapter shall be applied as part of the review of any required applications for development.

B. As an alternative to a variance as provided in Section 17.06.080, a project applicant may request planning commission approval of an exception or exceptions to the design standards, as part of the required review process, use permit or architectural review, as follows:

1. The request shall be in writing, in conjunction with a planning application.

3. The decision-making body shall approve an exception if all of the following findings are made:
a. Approving the exception will not create a safety hazard; and b. The proposed project meets the intent of the standard under consideration to the extent feasible.

6.3 Attachment 2 - Exhibits A-F Other Chapters

62 DATE: January 20, 2026

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: AGREEMENT WITH PEN MEDIA FOR VIDEO TECHNICIAN
SERVICES FROM MAY 1, 2026 TO DECEMBER 31, 2028 FOR AN
INITIAL CONTRACT TERM OF THREE (3) YEARS, WITH THE

OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL
TWO 2-YEAR EXTENSIONS IN AMOUNTS NOT TO EXCEED
$40,000 ANNUALLY

RECOMMENDATION
It is recommended that the City Council approve: 1) an Agreement with Pen Media dated January 20, 2026 for Video Technician Services from May 1, 2026 to December 31, 2028 for the initial three-year term and authorize the Mayor to execute the Agreement; and 2) approve the option to extend the agreement for an additional two 2- year extensions, at the City’s sole discretion, in an amount not to exceed $40,000 in any given year and authorize the City Manager to execute any amendments to extend the term of the Agreement consistent with this Resolution.

EXECUTIVE SUMMARY
Video Technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the Foster City Television (FCTV) Bulletin Board content and functionality, the recording and cablecast of additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

6.4 6.4 Staff Report

63 The previous agreement with Pen Media for video technician Services was set to end in 2025. On April 7, 2025, the City Council approved Contract Amendment No. 1 to extend the contract with Pen Media until April 30, 2026 to ensure continuity of services while staff went through the process for Request For Proposals (RFP).

Staff issued the RFP on November 5, 2025 on the City’s website and sent it to vendors that provide similar services regionally. Five (5) service providers attended the required walk-through of facilities, and three (3) providers submitted a proposal. Based on the submittal of a reasonable, responsive, and responsible proposal, staff recommends awarding the Video Technician Agreement to Pen Media from May 1, 2026 to December 31, 2028 for the initial three-year term, with options to extend the agreement for an additional two 2-year extensions in amounts not to exceed $40,000 annually.

BACKGROUND/ANALYSIS
FCTV is Foster City's Government Access Cable Television Channel, providing local information to Foster City since 1986. FCTV can be found on Comcast Channel 27, AT&T Channel 99 or streaming on YouTube and the Foster City website. FCTV's mission is to serve the people of Foster City by providing accurate and current information about policies, services, and activities of the City government and local events. As an essential part of FCTV, City Council and Planning Commission meetings are recorded and cablecast, with additional regularly scheduled replays. The recording and cablecasting of meetings, as well as other City events, has been provided through a video technician agreement since 2012, following the elimination of a video technician staff position.

The Council Chambers has a well-equipped control room where live City meetings are directed and recorded. All live meetings are typically broadcasted by one (1) video technician. This video technician has remote control over six (6) high-definition cameras to capture all of the proceedings inside the Council Chambers – five (5) pan/tilt/zoom cameras plus one (1) ceiling mounted zoom document camera. The video technician also has the capability of monitoring and controlling eleven (11) fixed microphones and up to four (4) wireless microphones. The video technician coordinates audio/visual (A/V) needs for the meeting participants using the Crestron Control system, as well as directs the video switching and monitors audio levels for broadcast and recording. The video technician also maintains the FCTV bulletin board content and functionality, provides advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

The City entered into a one-year agreement for video technician services for an amount not to exceed $35,000 on March 21, 2022 for May 1, 2022 through April 30, 2023, with the option to extend for two additional one-year term extensions. The total contract amount for all three years was $105,000. City staff have utilized the two one-year extensions. On April 7, 2025, the City Council approved Contract Amendment No. 1 to extend the contract until April 30, 2026 to ensure continuity of services while staff went through the RFP process.

6.4 6.4 Staff Report

64 Five (5) service providers attended the required walk-through of facilities, and three (3) providers submitted a proposal. The three (3) service providers have performed similar work in neighboring cities, confirmed their ability to perform the work outlined in the Core Contract Scope of Work, and disclosed any noticing requirements. Below is a table illustrating the base cost of the proposal submittals:

Contractor Base Proposal
Amount – Year
1 Base
Proposal
Amount –
Year 2
Base
Proposal
Amount –
Year 3
Pen Media
(based on
250 meeting
hours/year)
$17,928
(prorated)
($108/hour)
$27,876
($111.50/hour)
$28,872
($115.50/hour)
Midpeninsula
Television
$44,100
($126/hour)
$45,423
(Year 1 Base
+ CPI)
$46,786
(Year 2 Base
+ CPI)
Pegasus
Studios
$99,600*
(flat rate)

N/A N/A
*The proposal from Pegasus Studios included having two technicians staffed for the meetings. City Staff has been satisfied with one technician and doesn’t see additional staffing as necessary.

Pen Media has been providing the City with video technician services for the past four years and City staff are satisfied with their services. Under a separate contract, they also installed the new A/V equipment in the Council Chambers last year, making them the most familiar with the current set up and able to address any technical issues if they arise.

Based on the submittal of a reasonable, responsive, and responsible proposal, staff recommends awarding the Video Technician Services Agreement to Pen Media. The quoted costs for each of the three (3) years are for up to 250 meeting hours, with any additional meeting hours billed at $108 per hour, engineering maintenance billed at $155 per hour the first year, and additional events billed separately. Additional extensions past the three years shown in the chart would include a 3-4% CPI increase.

Staff recommends executing the attached contract with the total not-to-exceed compensation set at $40,000 annually, to encompass the annual contract cost and the possibility of additional services/hours that may be needed for work such as assisting with review of equipment, additional meeting hours, or recording additional special events.

The current contract’s not-to-exceed pricing included 275 meeting hours per year, covering City Council regular and special meetings, Planning Commission meetings and study sessions held in the Council Chambers. The new contract includes 250

6.4 6.4 Staff Report

65 meeting hours per year as there have been fewer special meetings and other meetings needing video technician services compared to previous years. Additionally, the average length/duration of Council meeting times has been somewhat consistent in the past couple of years. In the event longer or additional meetings occur, staff recommends having an annual not-to-exceed amount of $40,000 to ensure adequate funds are available to cover the costs. If all the extensions are exercised, the base price in year seven (7) would be $33,776 and the not-to-exceed amount of $40,000 would be sufficient to cover additional hours/services.

California Environmental Quality Act
The approval of the contract with Pen Media 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.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The fiscal impact associated with the award of this agreement is for an amount not to exceed $40,000 in any of the five years of service to be provided. Funds are budgeted annually in Account No. 001-0230-411-4251 – Video Technician Contract services.

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

Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Request for Proposal
Attachment 4 – Proposal from Pen Media

6.4 6.4 Staff Report

66 4912-1343-4503 v1
RESOLUTION NO. __________

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PEN MEDIA FOR VIDEO TECHNICIAN SERVICES FROM MAY 1, 2026 TO DECEMBER 31, 2028 FOR AN INITIAL CONTRACT TERM OF THREE (3) YEARS, WITH THE OPTION TO EXTEND

THE AGREEMENT FOR AN ADDITIONAL FOUR YEARS IN AMOUNTS NOT TO EXCEED $40,000 ANNUALLY

CITY OF FOSTER CITY
WHEREAS, Video Technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the Foster City Television (FCTV) Bulletin Board content and functionality, the recording and cablecast of up to four (4) additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services; and WHEREAS, staff issued a Request for Proposals on November 5, 2025 and proceeded with the contractor selection process for Video Technician Services for an initial term of three years with a start of May 1, 2026, with the option of extending the contract for two additional 2-year terms for a total extension of up to four years, at the City’s sole discretion; and
WHEREAS, five (5) service providers attended the required walk-through of facilities, and three (3) providers submitted a proposal; and WHEREAS, Pen Media submitted the lowest proposal for three years of service at rates of $17,928 (prorated) in the first year, $27,876 in the second year, and $28,872 in the third year; and
WHEREAS, Pen Media’s quoted rates include up to 250 meeting hours annually; and
WHEREAS, Pen Media has been providing the City with video technician services for the past four years and City staff are satisfied with their services; and WHEREAS, based on the submittal of a reasonable, responsive, and responsible proposal, staff recommends awarding the Video Technician Services Agreement to Pen Media from May 1, 2026 to December 31, 2028 for the initial three-year term, with the option to extend the agreement for an additional two separate 2-year long extensions; and WHEREAS, staff recommends executing the agreement with Pen Media with a not- to-exceed amount of $40,000 annually to allow for additional hours, engineering support, and recording of additional special events that may be needed.

6.4 Attachment 1 - Resolution

67 4912-1343-4503 v1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve:

1. The agreement dated January 20, 2026 with Pen Media for Video Technician Services from May 1, 2026 to December 31, 2028 for the initial three-year term and authorize the Mayor to execute the Agreement; and

2. Approve the option to extend the agreement for an additional two 2-year extensions, at the City’s sole discretion, in an amount not to exceed $40,000 in any given year and authorize the City Manager to execute any amendments to extend the term of the Agreement consistent with this Resolution, on the City’s behalf.

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 January, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

68 1 Updated 1/18/2022
4926-1446-3367 v1

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

VIDEO TECHNICIAN SERVICES
This Agreement is made and entered into as of the 20th day of January, 2026 by and between the City of Foster City hereinafter called "CITY" and Pen Media LLC hereinafter called "VENDOR".

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

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

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

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

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

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

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

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

6.4 Attachment 2 - Agreement

69 2 Updated 1/18/2022
4926-1446-3367 v1
required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon May 1, 2026 and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum FORTY THOUSAND DOLLARS ($40,000) for each calendar year that this Agreement is in effect as specified in Exhibit B. Invoices for amounts in excess of FORTY THOUSAND DOLLARS ($40,000) for each calendar year that this Agreement is in effect shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in

6.4 Attachment 2 - Agreement

70 3 Updated 1/18/2022
4926-1446-3367 v1
Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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

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

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

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

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as CITY’s agent in any capacity, whatsoever. VENDOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

6.4 Attachment 2 - Agreement

71 4 Updated 1/18/2022
4926-1446-3367 v1
governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

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

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

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

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

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its elected and appointed officials,, employees,

6.4 Attachment 2 - Agreement

72 5 Updated 1/18/2022
4926-1446-3367 v1
volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its elected and appointed officials, employees, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

6.4 Attachment 2 - Agreement

73 6 Updated 1/18/2022
4926-1446-3367 v1
software infringes a patent or copyright or violates a trade secret.

VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge.

VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

6.4 Attachment 2 - Agreement

74 7 Updated 1/18/2022
4926-1446-3367 v1

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

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

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

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

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

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

6.4 Attachment 2 - Agreement

75 8 Updated 1/18/2022
4926-1446-3367 v1
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Priscilla Schaus
VENDOR: Bridget Michelsen
CEO, Pen Media
[email protected]
650-619-2699

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

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

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

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

6.4 Attachment 2 - Agreement

76 9 Updated 1/18/2022
4926-1446-3367 v1

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

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

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

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

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

6.4 Attachment 2 - Agreement

77 10 Updated 1/18/2022
4926-1446-3367 v1
cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

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

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

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

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

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

6.4 Attachment 2 - Agreement

78 11 Updated 1/18/2022
4926-1446-3367 v1

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

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

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

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

6.4 Attachment 2 - Agreement

79 12 Updated 1/18/2022
4926-1446-3367 v1

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

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

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

CITY OF FOSTER CITY
Dated: _________________________________ Art Kiesel, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Bridget Michelson
CEO, Pen Media

6.4 Attachment 2 - Agreement

80 13 Updated 1/18/2022
4926-1446-3367 v1

EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
Video Technician Services
Core Contract Scope of Work
The Scope of Work will be as follows:

1. Guaranteed staffing to record, cablecast, and schedule for playback for up to 250 meeting hours per calendar year, as more specifically described in Exhibit B, using CITY equipment. Vendor is responsible to subscribe to CITY’s email lists to receive meeting agendas and cancellation notices. Call time for each meeting is minimum one hour prior to meeting start time.

Provide two DVD copies of all meetings for CITY use.

2. Based upon information received from CITY, create, upload, and maintain current Bulletin Board content and ensure that Bulletin Board is functioning properly. CITY currently utilizes PowerPoint, Keynote, and iTunes for this function. Vendor shall prepare and air the slides within a maximum of two (2) business days.

3. Assist staff with annual evaluation of Foster City Television audio/visual and broadcasting equipment as part of the annual budget process.

4. Process requests from the public for copies of DVDs. This service shall be charged directly to the requesting individual/agency and shall not be included in CITY’s contract cost.

5. Assist City staff with troubleshooting equipment and broadcast issues.

6. Regularly monitor functionality of all equipment needed to broadcast meetings, including broadcast equipment, lights, cameras, and microphones.

Advise or assist with selection of new equipment as needed.

7. Monitor supplies needed for meeting production and request resupply from City staff in a timely manner.

8. Provide equipment on a loan basis, if available, and include any applicable charges, if any. For example, if CITY equipment malfunctions, provide spare equipment if available, or if additional wireless mics are needed for a meeting, provide wireless mics if available.1
1 If vendor has equipment that can be loaned, provide a list of equipment as part of the response to this RFP.

6.4 Attachment 2 - Agreement

81 14 Updated 1/18/2022
4926-1446-3367 v1

9. Respond to other broadcast/recording requests by CITY on a best-efforts basis, including, to the extent possible, making staff available to report to CITY when requested following the activation of the Emergency Operations Center to support the dissemination of public information.

10.Regularly monitor channel remotely, advise CITY of broadcast issues.

11.As requested by CITY, provide and schedule shared programming approved by the CITY.

12.The initial contract term will be for three years, beginning May 1, 2026 and ending December 31, 2028. The City, in its sole discretion, shall have the option to extend the Agreement for an additional two 2-year extensions, at the City’s sole discretion, for an amount not to exceed $40,000 in any of the years of the extension.

Additional Terms and Conditions

1. Staffing
Vendor shall endeavor to provide consistency in meeting staffing, but it is ultimately Vendor’s responsibility to ensure that staffing is available for all regularly scheduled meetings and other agreed upon meetings and that staff assigned to work under the contract are trained in effectively using CITY equipment and capably staffing CITY meetings. Vendor shall provide emergency contact information to ensure ability of CITY to reach Vendor staff urgently.

Missing three confirmed meetings in any twelve-month period is grounds for immediate termination of contract at the discretion of CITY.

CITY shall provide a single point of contact for regular communication with Vendor and shall provide emergency contact information for use by Vendor staff in the event regular contact is unavailable.

The selection of staff to perform work under this contract must be acceptable to the CITY; such acceptance shall not be unreasonably withheld. Vendor shall immediately assign new staff when regularly scheduled staff are deemed unacceptable by CITY.

CITY will provide Vendor with access to CITY Council Chambers and FCTV control room. CITY’s Information Technology Division will work with Vendor to set up remote access to playback server and Bulletin Board if requested.

2. Reporting

6.4 Attachment 2 - Agreement

82 15 Updated 1/18/2022
4926-1446-3367 v1
Vendor shall provide reports on hours actually worked. Reports should be submitted once per month, within 10 days of the end of the month.

3. Special Events
Provide coverage, including livestreaming, recoding, and on-demand playback, at special events, such as Town Hall Meetings and similar events, which take place at the Community Center, Community Center Annex (room above the Library), The VIBE Teen Center, or comparable venues outside of the Council Chambers which shall be agreed upon by CITY and Vendor and identified as part of the contract.

4. Licenses
Vendor will be required to ensure it has all necessary permits and licenses to conduct the services and shall agree to comply with all applicable laws in performing the services.

6.4 Attachment 2 - Agreement

83 16 Updated 1/18/2022
4926-1446-3367 v1

EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Summary
Total Contract Services
Calendar Year 1: May 2026 – December 2026 - $17,928 + Maintenance work as needed
185 meeting hours for the 8 month period, includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel/ guide.
Additional hours at $108/hour
Engineering Maintenance at $155/hour
Calendar Year 2: January 2027 – December 2027 - $27,876 + Maintenance work as needed
250 meeting hours per year includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel/ guide.
Additional hours at $111.50/hour
Engineering Maintenance at $155/hour
Calendar Year 3: January 2028 – December 2028 - $28,872 + Maintenance work as needed
250 meeting hours per year includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel/ guide.
Additional hours at $115.50/hour
Engineering Maintenance at $155/hour
Additional years would be at a 3-4% increase.

The City, in its sole discretion, shall have the option to extend the contract for 2 two- year long terms, for an additional four years after Year 3.

The total compensation amount shall not exceed $40,000 in Calendar Year 1, 2 or 3 and in any of the years the City exercises its option to extend.

6.4 Attachment 2 - Agreement

84 17 Updated 1/18/2022
4926-1446-3367 v1
Itemized Additional Fees
Minimum Fees
A three-hour minimum shall apply to all meetings staffed under this contract or actual time if more than three hours. The minimum shall include setup/preparation and post- meeting production time. Time is rounded up to the next half hour.

A one hour minimum shall apply to engineering work done. Time is rounded up to the next half hour.

CITY shall incur a three-hour minimum charge for meeting cancellation with less than seventy-two (72) hours prior notice. The charge shall be detailed in the monthly report/invoice for payment by CITY.

6.4 Attachment 2 - Agreement

85 18 Updated 1/18/2022
4926-1446-3367 v1
Project Payment Schedule
Pen Media shall issue a monthly invoice to the City detailing the meeting hours utilized during the corresponding billing period. The monthly invoice amount shall remain fixed and is not contingent upon the number of hours used in any given month, as the total annual service cost is allocated in equal installments throughout the contract year.

6.4 Attachment 2 - Agreement

86 19 Updated 1/18/2022
4926-1446-3367 v1

EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
CITY shall provide at least 5 days advance notice of any special meeting to be covered that is not on the posted schedule. Meeting notice may be made by telephone, electronic mail, text message, in person or by any other means deemed acceptable by both parties. If such 5-day advance notice is not given, VENDOR shall make every reasonable attempt to cover such meeting, but it is not required to do so.

6.4 Attachment 2 - Agreement

87 20 Updated 1/18/2022
4926-1446-3367 v1

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 January 20, 2026, by and between Pen Media, LLC, hereinafter referred to as "Vendor”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Vendor's Duty to Show Proof of Insurance. Vendor, in order to protect City and its elected and appointed officials, employees, volunteers, and agents against all claims and liability for death, injury, loss and damage as a result of Vendor's acts, errors, or omissions in connection with the performance of Vendor's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Vendor shall not perform any work under this Agreement until Vendor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS).

Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Vendor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Vendor shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

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

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

6.4 Attachment 2 - Agreement

88 21 Updated 1/18/2022
4926-1446-3367 v1
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
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

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

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

1.3 Claims-Made Basis Coverage
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

6.4 Attachment 2 - Agreement

89 22 Updated 1/18/2022
4926-1446-3367 v1
Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

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

3.Insurance terms and conditions:

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

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

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

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

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

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

Alternatively, City may purchase such required insurance coverage, and without further notice to

6.4 Attachment 2 - Agreement

90 23 Updated 1/18/2022
4926-1446-3367 v1
Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

ATTACHED

1. Insurance Coverage Form

6.4 Attachment 2 - Agreement

91 24 Updated 1/18/2022
4926-1446-3367 v1

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officials, employees, volunteers, and agents 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 officials, employees, volunteers, or agents.

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 officials, employees, volunteers or agents.

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 officials, employees, volunteers and agents for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

6.4 Attachment 2 - Agreement

92 25 Updated 1/18/2022
4926-1446-3367 v1
ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.4 Attachment 2 - Agreement

93 City of Foster City

November 5, 2025

REQUEST FOR PROPOSALS

Video Technician Services
2025–4-8

6.4 Attachment 3 - Request for Proposals

94 Request for Proposals – Video Technician Services
2 November 5, 2025

The City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain Foster City Television (FCTV) Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

The City invites you to submit a proposal to furnish services in accordance with the terms, conditions and specifications contained in this document.

Please note that interested vendors are required to attend a walk-through of the facilities and meeting with City staff in order to qualify to submit a proposal in accordance with the attached Request for Proposal. The meeting/walk-through is scheduled for Wednesday, November 19, 2025, at 4:00 PM in the City Council Chambers, 620 Foster City Boulevard, Foster City, CA.

Please RSVP your intent to attend this walk-through by contacting Communications Director/City Clerk Priscilla Schaus at 650-286-3253 or [email protected].

Please complete the proposal form as instructed below and return it to the specified e -mail address by the due date. No extensions to the deadline will be allowed. All responses must be e-mailed to:

TO: Priscilla Schaus
[email protected]
Due Date: Wednesday, December 10, 2025 (5 PM)

6.4 Attachment 3 - Request for Proposals

95 Request for Proposals – Video Technician Services
3 This Request for Proposal includes the following Sections:

TERMS AND CONDITIONS
Section 1 Introduction / Background
Section 2 Project Services
Section 3 RFP Submittal Requirements
Section 4 Vendor Evaluation Process

TERMS AND CONDITIONS

DATE DUE: Wednesday, December 10, 2025 (5 PM)

1. QUESTIONS: Questions are to be submitted by any vendor to Communications Director/City Clerk Priscilla Schaus via e-mail at [email protected]. All responses to questions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to provide an e-mail address to which we may send responses.

2. REPLY FORMAT: The Vendor’s proposal, including a signed acknowledgment of the terms and conditions herein, including all attachments, must be returned by the due date. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non -receipt or misdelivery and it is proposing vendor 's responsibility to ensure the City receives all communication, including the proposal . The City’s e- mail system does not allow attachments larger than 5MB.

3. DEADLINES TIME ZONE: All listed times are in the Pacific Time Zone.

4. RESPONSIVENESS AND SELECTION PROCESS: The City will select a proposal based on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to this RFP; reputation of the Vendor in delivering similar services, quality and completeness of the proposal; Vendor's ability to perform in a timely fashion; and the City’s perception of Vendor’s stability within the industry.

The City reserves the right to reject any and all proposals or to waive any minor errors, discrepancies, or irregularities in the selected proposal. The selection will be at the discretion of the City and may be made in any manner that best meets the needs of the City .

5. FIRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after the proposal due date to allow adequate time for the City to consider each proposal and make an award. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price. Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failure or omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal.

6.4 Attachment 3 - Request for Proposals

96 Request for Proposals – Video Technician Services
4 6. CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that results from this RFP without obligation at any time prior to receipt of the goods or services.

ACKNOWLEDGEMENT

The undersigned has read and understands the foregoing terms and conditions of this Request for Proposal and proposes to provide services to the City for the stated prices in its response in accordance with the terms and conditions set forth in this document.

VENDOR/PROPOSER:

Company Name Street Address of Company

Signature of Officer City, State, Zip

Printed Name of Officer Telephone No./Fax Nbr.

Title of Officer Federal I.D. Tax Number

6.4 Attachment 3 - Request for Proposals

97 Request for Proposals – Video Technician Services
5 Section 1

1. Introduction / Background

The City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain the FCTV Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

Tentative schedule and dates:

Contract Negotiation
The City will enter into price negotiations with the selected Vendor. The City’s standard vendor agreement, which is attached with this RFP in Appendix A, will be used.

* Tentative dates are part of an anticipated date of initial meeting where vendor will provide services. The City anticipates period of overlap between existing vendor and vendor awarded contract to allow the Video Technician to learn the current procedures.

6.4 Attachment 3 - Request for Proposals

98 Request for Proposals – Video Technician Services
6 Section 2

2. Project Services

2.1 Description of Live Meeting Broadcast Equipment/Environment

The Council Chambers has a well-equipped control room where live City Council and Planning Commission meetings are cablecast and recorded. All live meetings are typically overseen by one (1) Video Technician. This Video Technician has remote control over six (6) high- definition cameras to capture all of the proceedings inside the Council Chambers – five (5) pan/tilt/zoom cameras plus one (1) ceiling mounted adjustable-zoom document camera. The Video Technician also has the capability of monitoring and controlling eleven (11) fixed microphones and up to four (4) wireless microphones. The Video Technician coordinates A/V needs for the meeting participants using the Crestron Control system, as well as directs the video switching and monitors audio levels for broadcast and recording. The primary video equipment currently used for live meeting recordings consists of:
• Blackmagic ATEM 4 M/E Constellation 4k matrix switcher • Blackmagic ATEM 2 M/E Advanced Panel
• Blackmagic Design Smart Videohub 20x20 6G-SDI matrix switcher • Panasonic AW-RP50N remote camera controller
• Yamaha TF5 Audio Mixer
• Softron On The Air Manager playback scheduling software • And a Crestron Room Control System, along with various other support equipment.

The Video Technician must also be familiar with Mac and PC operating systems and be able to update Photoshop graphics and Word documents in preparation for live broadcasts.

The Community Bulletin Board system consists of a PowerPoint presentation played back in Keynote software on an iMac, with an iTunes music playlist for background audio.

Playback of station programming is controlled through the Softron On The Air software running on an iMac in the video production suite. The Video Technician will be responsible for scheduling the playback of recorded meetings and any other City-requested scheduled video playback through this software. This server will be made accessible remotely to the selected Video Technician through remote-desktop software of the City’s choosing.

Currently the City is conducting Zoom/in-person hybrid meetings. Zoom hybrid meetings are made possible by a Blackmagic Design Web Presenter 4K device that pushes the Program video/audio mix to Zoom as a single panelist and pulls in the Zoom audio/video to use as a source on the Blackmagic ATEM .

Staff or consultants can make PowerPoint presentations to Council via Zoom, and the public can also watch the meeting on Zoom and participate during the public comment portion of the meetings (by raising their hands and being “allowed to talk” by the Zoom host) .

A member of the City’s IT staff has been setting up the Zoom hybrid portion of the meetings, and IT staff has been acting as Zoom host for the meetings. The Video Technician would not be expected to set up or configure any Zoom functions. The Video Technician’s main responsibilities for hybrid meetings are: switching between room cameras and Zoom video to follow the active speaker, making sure Zoom video is being shown on the room projector/dais monitors when a presentation is active, and making sure 2-way audio to Zoom is functional.

6.4 Attachment 3 - Request for Proposals

99 Request for Proposals – Video Technician Services
7 2.2. Meetings

Vendor shall provide Video Technician Services to Record, Cablecast, and Schedule for playback for up to 75 live meetings per year. These meetings would be as follows:

• City Council Regular Meetings: 1st and 3rd Monday of the month at 6:30 PM o City Council budget study sessions are scheduled in addition to regular meetings: typically one each in February and March, and two in May o Meetings that fall on holidays are scheduled for the next business day (Tuesday)
o Special meetings may be scheduled as needed
• Planning Commission Regular Meetings: 1st and 3rd Thursday of each month at 7 PM
• Planning Commission Study Sessions (held as needed): 1st and 3rd Tuesday of each month at 7 PM
o Special meetings may be scheduled as needed
• Town Hall meetings (held as needed in the Council Chambers)

For reference, the meetings held, and meeting hours required in the last several fiscal years are identified below. These figures are supplied only for reference. The City makes no representation as to the total number of meetings or meeting hours anticipated, and proposals shall not assume either a specific number of meetings or meeting hours.

Fiscal Year 2017-2018:
• City Council scheduled/special meetings: 27 held, 2 cancelled • Planning Commission meetings/study sessions: 16 held, 29 cancelled • Estimated total meeting hours: 252.5

Fiscal Year 2018-2019:
• City Council scheduled/special meetings: 29 held, 2 cancelled • Planning Commission meetings/study sessions: 20 held, 28 cancelled • Estimate total meeting hours: 208.5

Fiscal Year 2019-2020:
• City Council scheduled/special meetings: 40 held, 1 cancelled • Planning Commission meetings/study sessions: 25 held, 22 cancelled • Estimated total meeting hours: 217

Fiscal Year 2020-2021:

• City Council scheduled/special meetings: 50 held, 3 cancelled • Planning Commission meetings/study sessions: 12 held, 25 cancelled • Estimated total meeting hours: 254

Fiscal Year 2021-2022
• City Council scheduled/special meetings: 46 held, 4 cancelled • Planning Commission meetings/study sessions: 12 held, 14 cancelled • Estimated total meeting hours: 111.5

Fiscal Year 2022-2023
• City Council scheduled/special meetings: 30 held, 4 cancelled • Planning Commission meetings/study sessions: 16 held, 9 cancelled • Estimated total meeting hours: 107.5

Fiscal Year 2023-2024
• City Council scheduled/special meetings: 26 held, 4 cancelled

6.4 Attachment 3 - Request for Proposals

100

Request for Proposals – Video Technician Services
8 • Planning Commission meetings/study sessions: 16 held, 7 cancelled • Estimated total meeting hours: 87

Fiscal Year 2024-2025
• City Council scheduled/special meetings: 29 held, 2 cancelled • Planning Commission meetings/study sessions: 24 held, 7 cancelled • Estimated total meeting hours: 126

2.3. Core Contract Scope of Work

The Scope of Work will be as follows:

1. Guaranteed staffing to record, cablecast, and schedule for playback for up to 75 live meetings per year using CITY equipment. Vendor is responsible to subscribe to CITY’s email lists to receive meeting agendas and cancellation notices. Call time for each meeting is minimum one hour prior to meeting start time. Provide two DVD copies of all meetings for CITY use.

2. Guaranteed staffing to record, cablecast, and schedule for playback up to 10-15 Special Meetings requested by CITY to be held in the City Council Chambers. Call time for each meeting is minimum one hour prior to meeting start time.

3. Based upon information received from CITY, create, upload, and maintain current Bulletin Board content and ensure that Bulletin Board is functioning properly. CITY currently utilizes PowerPoint, Keynote, and iTunes for this function. Vendor shall prepare and air the slides within a maximum of two (2) business days.

4. Assist staff with annual evaluation of Foster City Television audio/visual and broadcasting equipment as part of the annual budget process.

5. Process requests from the public for copies of DVDs. This service shall be charged directly to the requesting individual/agency and shall not be included in CITY’s contract cost.

6. Assist City staff with troubleshooting equipment and broadcast issues.

7. Regularly monitor functionality of all equipment needed to broadcast meetings, including broadcast equipment, lights, cameras, and microphones. Advise or assist with selection of new equipment as needed.

8. Monitor supplies needed for meeting production and request resupply from City staff in a timely manner.

9. Provide equipment on a loan basis, if available, and include any applicable charges, if any. For example, if CITY equipment malfunctions, provide spare equipment if available, or if additional wireless mics are needed for a meeting, provide wireless mics if available.
1 10. Respond to other broadcast/recording requests by CITY on a best-efforts basis, including, to the extent possible, making staff available to report to CITY when

1 If vendor has equipment that can be loaned, provide a list of equipment as part of the response to this RFP.

6.4 Attachment 3 - Request for Proposals

101

Request for Proposals – Video Technician Services
9 requested following the activation of the Emergency Operations Center to support the dissemination of public information.

11. Regularly monitor channel remotely, advise CITY of broadcast issues.

12. As requested by CITY, provide and schedule shared programming approved by the CITY.

13. The initial contract term will be for three years, beginning February 2026 and ending December 2028. At the City’s sole discretion, the contract may be extended for two additional 2-year-long terms, through December 2032.

14. Vendor is expected to shadow the City’s current vendor for at least one month to become familiar with the current procedures and to allow for a smooth transition of the services to Vendor.
2 2.4. Additional Terms and Conditions

1. Staffing

Vendor shall endeavor to provide consistency in meeting staffing, but it is ultimately Vendor’s responsibility to ensure that staffing is available for all regularly scheduled meetings and other agreed upon meetings and that staff assigned to work under the contract are trained in effectively using CITY equipment and capably staffing CITY meetings. Vendor shall provide emergency contact information to ensure ability of CITY to reach Vendor staff urgently.

Missing three confirmed meetings in any twelve-month period is grounds for immediate termination of contract at the discretion of CITY.

CITY shall provide a single point of contact for regular communication with Vendor and shall provide emergency contact information for use by Vendor staff in the event regular contact is unavailable.

2. Reporting

Vendor shall provide reports on hours actually worked. Reports should be submitted once per month, within 10 days of the end of the month.

3. Special Events

Provide coverage, including livestreaming, recoding, and on-demand playback, at special events, such as Town Hall Meetings and similar events, which take place at the Community Center, Community Center Annex (room above the Library), The VIBE Teen

2 The Vendor should include a separate line item in its proposal pricing to complete this shadowing period.

6.4 Attachment 3 - Request for Proposals

102

Request for Proposals – Video Technician Services
10 Center, or comparable venues outside of the Council Chambers which shall be agreed upon by CITY and Vendor and identified as part of the contract.

4. Contract
Vendor will be required to enter into an agreement with CITY’s template Agreement for Vendor Services, which is attached to this RFP.

5. Licenses
Vendor will be required to ensure it has all necessary permits and licenses to conduct the services and shall agree to comply with all applicable laws in performing the services.

6.4 Attachment 3 - Request for Proposals

103

Request for Proposals – Video Technician Services
11 Section 3

3. Proposal Submittal Requirements

Below are all the items that must be submitted by the Vendor. Any vendor who fails to include responses to the following requirements shall be deemed non-responsive.

3.2. Requirement A - General

3.2.1. Description of the service that will be provided for each Core Contract Scope of Work category

3.2.2. Notice required by Vendor to guarantee coverage or service completion (for instance, guaranteed staffing of special meetings or turnaround time for Bulletin Board slides)

3.2.3. Cancellation requirements / penalty (if any) for late notice

3.2.4. Completed Fee Schedule, including fees for current and future years of a possible three-year contract, if the term is extended by City

3.2.5. Disclosure of any minimum charges

3.2.6. Complete contact information for questions related to the proposal

3.2.7. Three (3) professional references

3.2.8. Signed copy of Terms and Conditions/Acknowledgement

3.3. Requirement B - Pricing Sheet

3.3.1. Base price for meeting coverage, including fees for current and future years of a three-year contract with two optional 2-year extensions billed annually. Including coverage and services as provided in Section 2.2, Meetings, Section 2.3 Core Contract Scope of Work

3.3.2. Price per Special Event, (see item 3, Section 2.4 Additional Terms and Conditions).

3.3.3. Hourly cost for additional hours, as needed.

3.3.4. Any other charges, such as for minimums or cancellations that do not meet a minimum notice

3.3.5. Charges for a one-month shadowing period prior to the start of the contract

3.4. Requirement C - Vendor General Information
The following information must be provided for the primary Vendor and for any of the Vendor’s partners or subcontractors:
• Vendor Name
• Primary Vendor (Y/N)
• Local Address
• Location of Headquarters
• Number of years in the business
• Number of overall employees
• Number of local employees
• Has the company had a workforce reduction in the last five years (Y/N)? • Have you provided service to a municipal organization, and if so, which one(s) and for how long?

3.5. Requirement D
Response to Section 2 Functional Requirements
• Verify that Vendor can meet all requirements in Section 2

6.4 Attachment 3 - Request for Proposals

104

Request for Proposals – Video Technician Services
12 Section 4

4. Vendor Evaluation Process

4.1. Selection/Evaluation Criteria for RFP Proposals

All items included in Section 3 – Proposal Submittal Requirements, including the overall price proposed, will be evaluated when reviewing proposals.

4.1.1. Project Specific Evaluation

RFP Format Response Section
The vendor shall respond to all the areas listed in Section 3. The vendor shall describe how their proposal will meet the services identified in this document.

4.2. Vendor Evaluation

4.2.1. Walk-Through of Facilities
The mandatory walk-through is scheduled for Wednesday, November 19, 2025, at 4:00 PM in the City Council Chambers, 620 Foster City Boulevard, Foster City, CA. Walk-Through attendance (in person) will be considered in the evaluation process.

4.2.2. Reference Check
The reference check will consist of phone and/or email inquiries to an agency or agencies that is a current or past customer of vendor – either provided by vendor for reference or contacted independently by Foster City. All customers will be asked the same initial questions. Follow-up and clarifying questions will be asked based on responses provided. The reference check section will also include Financial background check of the vendor to determine the past, current and future financial condition of the company. If the company is publicly traded on any internationally recognized stock exchange, provide the company’s stock symbol.

Listed below are key subject areas the City will be using to assist in the technical evaluation phase.

1) Functional Requirements
2) General Requirements
3) Ability to deliver on contract scope of work
4) Cost

Please use Section 3 Proposal Submittal Requirements on page 10 as a checklist when preparing the submittal proposal.

6.4 Attachment 3 - Request for Proposals

105

13 Updated 1/10/2022

APPENDIX A – SAMPLE AGREEMENT

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

VIDEO TECHNICIAN SERVICES (SAMPLE)

This Agreement is made and entered into as of the _____ day of _______, 20___ by and between the City of Foster City hereinafter called "CITY" and _________ hereinafter called "VENDOR".

RECITALS

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;

B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and;

C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

6.4 Attachment 3 - Request for Proposals

106

14 Updated 1/10/2022

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

6.4 Attachment 3 - Request for Proposals

107

15 Updated 1/10/2022

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

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

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

6.4 Attachment 3 - Request for Proposals

108

16 Updated 1/10/2022

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

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

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

[For consideration if applicable:] Any Force Majeure event with a duration in excess of [ TBD by Owner —recommend not less than 30] days entitl es either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

6.4 Attachment 3 - Request for Proposals

109

17 Updated 1/10/2022

normal operation and maintenance of the Products in accordance with the Agreement.

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

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.

a. VENDOR shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement.

6.4 Attachment 3 - Request for Proposals

110

18 Updated 1/10/2022

b. VENDOR may be required to furnish a bond to City against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret.

VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products , or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products . If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, City shall then have the option of terminating the Agreement , or applicable portions thereof, without penalty or termination charge.

6.4 Attachment 3 - Request for Proposals

111

19 Updated 1/10/2022

iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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

16. NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertisi ng, 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 1 01-336) which prohibits discrimination on the

6.4 Attachment 3 - Request for Proposals

112

20 Updated 1/10/2022

basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Priscilla Schaus

VENDOR: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________

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

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.

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

21. Samples.

6.4 Attachment 3 - Request for Proposals

113

21 Updated 1/10/2022

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

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

23. Packing and Shipment.

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

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement . Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.

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

VENDOR will keep records evidencing inspections and their result,

6.4 Attachment 3 - Request for Proposals

114

22 Updated 1/10/2022

and will make these records available to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement , such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

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

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

6.4 Attachment 3 - Request for Proposals

115

23 Updated 1/10/2022

and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

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

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

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

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

6.4 Attachment 3 - Request for Proposals

116

24 Updated 1/10/2022

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

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

CITY OF FOSTER CITY

Dated: _________________________________ _______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]

Dated: _________________________________ Stacy Jimenez, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

6.4 Attachment 3 - Request for Proposals

117

25 Updated 1/10/2022

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

VENDOR

Dated:

Type Name & Title of VENDOR Authorized to
Sign

6.4 Attachment 3 - Request for Proposals

118

26 Updated 1/10/2022

EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR
[ENTER PROJECT TITLE]

Scope of Deliverables:

Scope of Services:

Project Schedule

6.4 Attachment 3 - Request for Proposals

119

27 Updated 1/10/2022

EXHIBIT B

VENDOR’S FEES and PAYMENT MILESTONES

Summary

Total Contract Services

Itemized Fees

Project Payment Schedule

Milestone Amount of Payment

6.4 Attachment 3 - Request for Proposals

120

28 Updated 1/10/2022

EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

6.4 Attachment 3 - Request for Proposals

121

29 Updated 1/10/2022

EXHIBIT D

INSURANCE

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

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

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

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Vendor's performance of services under this Agreement. The Commerci al General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($ 2,000,000) each occurrence and four million dollars ($ 4,000,000) aggregate.

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

[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE VENDOR. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE.

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

6.4 Attachment 3 - Request for Proposals

122

30 Updated 1/18/2022

☒ 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.

☒ Professional Liability Insurance

Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

☒ Installation Floater

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

☒ Cyber Liability Insurance

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

6.4 Attachment 3 - Request for Proposals

123

31 Updated 1/18/2022

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 fiv e (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

The above stated insurance coverages required to be maintained by Vendor shall be maintained until the completion of all of Vendor 's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Vendor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Vendor in the case of non- payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive 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.

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

6.4 Attachment 3 - Request for Proposals

124

32 Updated 1/18/2022

Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the bala nce of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

ATTACHED

1. Insurance Coverage Form

6.4 Attachment 3 - Request for Proposals

125

33 Updated 1/18/2022

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

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

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

Professional Liability:

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

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the 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.

6.4 Attachment 3 - Request for Proposals

126

34 Updated 1/18/2022

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.4 Attachment 3 - Request for Proposals

127

Appendix A – Sample Vendor Agreement
35 Updated 1/18/2022

EXHIBIT E
SPECIAL TERMS and CONDITIONS

6.4 Attachment 3 - Request for Proposals

128

Appendix A – Sample Vendor Agreement
36 Updated 1/18/2022

EXHIBIT F

COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)

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

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

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

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

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

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

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

6.4 Attachment 3 - Request for Proposals

129

Appendix A – Sample Vendor Agreement
37 Updated 1/18/2022

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

6.4 Attachment 3 - Request for Proposals

130

Appendix A – Sample Vendor Agreement
38 Updated 1/18/2022

or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

VENDOR: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.4 Attachment 3 - Request for Proposals

131

PenMedia RFP for Foster City December 2025 1

Pen Media
Bridget Michelsen
CEO / Owner
650-619-2699
[email protected]
Foster City, California

City of Foster City
Priscilla Schaus
[email protected]
610 Foster City Blvd.

Foster City, CA 94404
Request for Proposals
Video Technician Services
For City of Foster City
December 2025

6.4 Attachment 4 - Proposal from Pen Media

132

PenMedia RFP for Foster City December 2025 2
PEN MEDIA for Foster City Meeting Video Coverage City of Foster City December 2025 610 Foster City Blvd, Foster City, 94404 Dear City of Foster City, Pen Media LLC, located in Foster City, California, is pleased to submit this letter of intent as part of our contract renewal packet. For more than six years—both as Pen Media and formerly as PenTV—we have had the privilege of providing video production and meeting coverage services to the City. We value this long-standing partnership and remain committed to supporting your communication and public transparency goals. Pen Media is a full-service production company with proven expertise in live streaming, live event support, video production, editing, and comprehensive content management. Our continued service ensures consistency, reliability, and the high-quality standards the City has come to expect. Our team consists of experienced professionals already familiar with your staff, workflows, and technical environments. • Bridget Michelsen, Chief Executive Officer • Mark Strathdee, Lead Engineer • Shuli Chen, Technician and primary on-site support This established team structure enables seamless coordination and uninterrupted service. Our knowledge of your meeting schedules, equipment, and operational needs allows us to deliver efficient, dependable coverage with minimal onboarding or transition time. Contract Renewal Options We are providing two meeting-hour package options for the upcoming contract period. Both options maintain the same professional service structure and hourly rate; the difference lies only in the total included meeting hours. Option 1: 275 Meeting Hours per Year You have 75 meetings scheduled, 3 hours per meeting minimum for billing, equals 225 hours. Some meetings for certain are longer. Option 2: 250 Meeting Hours per Year Some years you have more cancelations than others. If you think we may have less meetings this is an option.

6.4 Attachment 4 - Proposal from Pen Media

133

PenMedia RFP for Foster City December 2025 3
We are flexible and able to adjust the total number of meeting hours to meet the City’s needs. While the hourly rate remains fixed as listed in the attached fee schedule, the annual cost will adjust proportionally based on the selected hour package. Given our experience, historical performance, and strong working relationship with the City, we believe Pen Media LLC is uniquely qualified to continue providing professional video coverage and production services under the renewed contract. Thank you for your consideration. We look forward to the opportunity to continue supporting the City of Foster City with dependable and high-quality media services. Sincerely, Bridget Michelsen Pen Media CEO [email protected] c. 650-619-2699

6.4 Attachment 4 - Proposal from Pen Media

134

PenMedia RFP for Foster City December 2025 4
December 2025 Request for Proposals – Video Technician Services Section 3 3. Proposal Submittal Requirements Below are all the items that must be submitted by the Vendor. Any vendor who fails to include responses to the following requirements shall be deemed non-responsive. 3.2. Requirement A - General 3.2.1. Description of the service that will be provided for each Core Contract Scope of Work category Pen Media will provide (1) One operator to record and operate all required equipment for the listed city council and planning commission meetings along with any special meetings requested. (2) can be provided on request. 3.2.2. Notice required by Vendor to guarantee coverage or service completion (for instance, guaranteed staffing of special meetings or turnaround time for Bulletin Board slides) Pen Media will guarantee a staff person will attend all meetings on the schedule provided by the city. Pen Media will update the bulletin board slides within one business day of a request in most cases. CITY shall provide at 5 days advance notice of any special meeting to be covered that is not on the posted schedule. Meeting notice may be made by telephone, electronic mail, text message, or by any other means deemed acceptable by both parties. If such 5-day advance notice is not given, PenMedia shall make every reasonable attempt to cover such meeting, but it is not required to do so. 3.2.3. Cancellation requirements / penalty (if any) for late notice CITY shall incur a three-hour minimum charge for meeting cancellation with less than seventy-two (72) hours’ prior notice. The charge shall be detailed in the monthly report/invoice for payment by City.

6.4 Attachment 4 - Proposal from Pen Media

135

PenMedia RFP for Foster City December 2025 5

3.2.4. Completed Fee Schedule, including fees for current and future years of a possible three-year contract, if the term is extended by City Includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel / guide. Option A: Based on 275 Meeting hours per year This option reflects your current service plan. You have a total of 75 meetings scheduled for the year. For each meeting, our team arrives one hour prior to the start time to complete all setup and preparation. We apply a minimum charge of three hours per meeting, which includes setup, meeting coverage, and breakdown. Contract Year Contract Date Meeting Rate Annual Rate Monthly Invoice Current May 2025- April 2026 $105 $28,884* $2,407 1 May 1, 2026 – Dec 31, 2026 *185 hours / 8 months $108* $19,976* 8 months $2,497 2 Jan 2027 – Dec 2027 $111.50* $30,660* $2,555 3 Jan 2028 – Dec 2028 $115.50* $31,764* $2,647 *2026 rates are for 185 hours / 8 months as our current agreement expires on April 30, 2026. This can be adjusted if needed. -OR- Option B: Based on 250 Meeting hours per year This option provides a reduced annual hour allocation of 250 meeting hours if you feel more meeting will be canceled. Contract Year Contract Date Meeting Rate Annual Rate Monthly Invoice 1 May 1, 2026 – Dec 31, 2026 166 Hours / 8 months $108* $17,928 8 months $2,241 2 Jan 2027 – Dec 2027 $111.50* $27,876 $2,323 3 Jan 2028 – Dec 2028 $115.50* $28,872 $2,406 *some numbers have been rounded to the nearest whole cent / dollar. *Meeting rate varies slightly in order to have whole numbers If you would prefer fewer than 250 meeting hours per year, we can adjust the agreement accordingly. Additional years would be at a 3-4% increase.

6.4 Attachment 4 - Proposal from Pen Media

136

PenMedia RFP for Foster City December 2025 6
Invoicing Pen Media shall issue a monthly invoice to the City detailing the meeting hours utilized during the corresponding billing period. The monthly invoice amount shall remain fixed and is not contingent upon the number of hours used in any given month, as the total annual service cost is allocated in equal installments throughout the contract year. 3.2.5. Disclosure of any minimum charges A three-hour minimum shall apply to all meetings staffed under this contract or actual time if more than three hours. The minimum shall include set-up/preparation and post-meeting production time. Time is rounded up to the next half hour. A one hour minimum shall apply to engineering work done. Time is rounded up to the next half hour. 3.2.6. Complete contact information for questions related to the proposal Bridget Michelsen CEO Pen Media [email protected] 650-619-2699 3.2.7. Three (3) professional references See Attached 3.2.8. Signed copy of Terms and Conditions/Acknowledgement See Attached

6.4 Attachment 4 - Proposal from Pen Media

137

PenMedia RFP for Foster City December 2025 7
See 3.3. Requirement B - Pricing Sheet 3.3.1. Base price for meeting coverage, including fees for current and future years of a three-year contract with two optional 2-year extensions billed annually. Including coverage and services as provided in Section 2.2, Meetings, Section 2.3 Core Contract Scope of Work A: Meeting Coverage: Option A: 275 meeting hours per year Includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel / guide. Term Annual Monthly Meeting Rate May 2026 - December 2026 188 hours / 8 months $19,976 $2497 $108 Jan – Dec 2027 $30,660 $2555 $111.50 Jan – Dec 2028 $31,764 $2647 $115.50 Option B: 250 meeting hours per year Includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel / guide. Term Annual Monthly Meeting Rate May 2026 - December 2026 166 hours / 8 months $17,928 $2241 $108 Jan – Dec 2027 $27,876 $2323 $111.50 Jan – Dec 2028 $28,872 $2406 $115.50 Additional years would be at a 3-4% increase.

6.4 Attachment 4 - Proposal from Pen Media

138

PenMedia RFP for Foster City December 2025 8
B: Engineering Maintenance Maintenance work on the production system by Pen Media Engineer. This includes any system updates, software upgrades or equipment repairs needed by our Senior Engineer. Upon request from the City. 1 hour minimum. 2026-2028 Engineering and Maintenance services as requested $155 hour Minimum 1 hour. Increments of 30 minutes thereafter. Additional years would be at a 3-4% increase C. Special Meetings outside Council Chambers Cost varies depending on scope of event. Cost start at $1,000 include 1 Camera / record Options to add – More cameras, livestream and other details needed by the client. Quote to be given to client upon receiving the scope of an event. 3.3.2. Price per Special Event, (see item 3, Section 2.4 Additional Terms and Conditions). See next page.

6.4 Attachment 4 - Proposal from Pen Media

139

PenMedia RFP for Foster City December 2025 9
Pen Media is a full production company and can offer our production services for other desired video projects. All projects will be discussed and quoted based on scope of work details. Additional equipment available to vendor for productions: Full production studio with multi camera and live switching. Sound, lights, set design Teleprompter Graphics 4k and HD quality available OTHER SERVICES RATE OFF SITE EVENT 2 CAMERAS / LIVESTREAM Starting at $2,000 SINGLE CAMERA / DAY RATE ½ DAY RATE $1,000 $500 EDITING Editing starts at $100 / hour
AUDIO SUPPORT $500 per event for use of pen media audio equipment. Set up time to be billed at Engineering rate. Event time to be billed Against meeting hours.

PRODUCTION OF PSA’S Starting at $2000. varies depending on scope of production. ADDITIONAL PRODUCTION SERVICES Varies based on scope of project ANIMATED AND SOCIAL MEDIA SHORTS Quote given based on scope of project.

DRONE SERVICES Pen Media has a licensed drone pilot and we can fly in foster City or other locations. Starting at $500

6.4 Attachment 4 - Proposal from Pen Media

140

PenMedia RFP for Foster City December 2025 10

3.3.3. Hourly cost for additional hours, as needed. Year Hourly Rate 2026 $108 2027 $111.50 2028 $115.50 Additional years would be at a 3-4% increase. 3.3.4. Any other charges, such as for minimums or cancellations that do not meet a minimum notice Minimum 72 hours’ notice for meeting cancelation. If less than 72 hours are given, 3 hours will be charged. A minimum of (3) hours will be charged for each meeting. 3.3.5. Charges for a one-month shadowing period prior to the start of the contract N/A

6.4 Attachment 4 - Proposal from Pen Media

141

PenMedia RFP for Foster City December 2025 11

3.4. Requirement C - Vendor General Information The following information must be provided for the primary Vendor and for any of the Vendor’s partners or subcontractors: • Vendor Name Pen Media • Primary Vendor (Y/N) Yes • Local Address 722 Ranger Circle Foster City • Location of Headquarters 722 Ranger Circle Foster City • Number of years in the business 3 (+ 5 with previous agency) • Number of overall employees 6 • Number of local employees 6 • Has the company had a workforce reduction in the last five years (Y/N)? No • Have you provided service to a municipal organization, and if so, which one(s) and for how long? San Carlos, Redwood City, South San Francisco – 3+ years as Pen Media + years as PenTV 3.5. Requirement D Response to Section 2 Functional Requirements • Verify that Vendor can meet all requirements in Section 2 Yes, Pen Media can meet all the requirements in Section 2

6.4 Attachment 4 - Proposal from Pen Media

142

PenMedia RFP for Foster City December 2025 12
Pen Media References 1. Crystal Mui, CMC San Carlos City Clerk 650-802-4219 San Carlos City Council and Planning Commission Meetings 2. Go2 Foundation for Lung Cancer Michele Zeh Manager, Patient and Support Services Mobile: 650-207-8052 Record and live stream monthly support group meetings “Living Room”. This is a remote production using PenMedia equipment. 3. Meet the Drapers Sarika Batra Producer / Show Runner Meet the Drapers 312-953-4328 Production of Television Show Meet The Drapers.

6.4 Attachment 4 - Proposal from Pen Media

143

City of Foster City
November 5, 2025

REQUEST FOR PROPOSALS
Video Technician Services
2025–4-8

6.4 Attachment 4 - Proposal from Pen Media

144

Request for Proposals – Video Technician Services
2 November 5, 2025
T
he City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain Foster City Television (FCTV) Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

T
he City invites you to submit a proposal to furnish services in accordance with the terms, conditions and specifications contained in this document.

P
lease note that interested vendors are required to attend a walk-through of the facilities and meeting with City staff in order to qualify to submit a proposal in accordance with the attached Request for Proposal. The meeting/walk-through is scheduled for Wednesday, November 19, 2025, at 4:00 PM in the City Council Chambers, 620 Foster City Boulevard, Foster City, CA.

Please RSVP your intent to attend this walk-through by contacting Communications Director/City Clerk Priscilla Schaus at 650-286-3253 or [email protected].

P
lease complete the proposal form as instructed below and return it to the specified e- mail address by the due date. No extensions to the deadline will be allowed. All responses must be e-mailed to:

T
O: Priscilla Schaus
[email protected]
Due Date: Wednesday, December 10, 2025 (5 PM)

6.4 Attachment 4 - Proposal from Pen Media

145

Request for Proposals – Video Technician Services
3 This Request for Proposal includes the following Sections:

ERMS AND CONDITIONS
Section 1 Introduction / Background
Section 2 Project Services
Section 3 RFP Submittal Requirements
Section 4 Vendor Evaluation Process
T

ERMS AND CONDITIONS
DAT
E DUE: Wednesday, December 10, 2025 (5 PM)

1. Q
UESTIONS: Questions are to be submitted by any vendor to Communications Director/City Clerk Priscilla Schaus via e-mail at [email protected]. All responses to ques
tions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to pr
ovide an e-mail address to which we may send responses.

2. R
EPLY FORMAT: The Vendor’s proposal, including a signed acknowledgment of the terms and conditions herein, including all attachments, must be returned by the due date. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non- receipt or misdelivery and it is proposing vendor's responsibility to ensure the City receives all communication, including the proposal . The City’s e- mail system does not allow attachments larger than 5MB.

3. D
EADLINES TIME ZONE: All listed times are in the Pacific Time Zone.

4. R
ESPONSIVENESS AND SELECTION PROCESS: The City will select a proposal based on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to this RFP; reputation of the Vendor in delivering similar services, quality and completeness of the proposal; Vendor's ability to perform in a timely fashion; and the City’s perception of Vendor’s stability within the industry.

T
he City reserves the right to reject any and all proposals or to waive any minor errors, discrepancies, or irregularities in the selected proposal. The selection will be at the discretion of the City and may be made in any manner that best meets the needs of the City .

5. F
IRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after t he pr
oposal due date to allow adequate time for the City to consider each proposal and make a n aw
ard. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price. Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failur e
or
omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal.

6.4 Attachment 4 - Proposal from Pen Media

146

Request for Proposals – Video Technician Services
4 6. CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that results from this RFP without obligation at any time prior to receipt of the goods or services.

KNOWLEDGEMENT
T
he undersigned has read and understands the foregoing terms and conditions of this Request for Proposal and proposes to provide services to the City for the stated prices in its response in accordance with the terms and conditions set forth in this document.

VEN
DOR/PROPOSER:

Company Name Street Address of Company
Signature of Officer City, State, Zip
Printed Name of Officer Telephone No./Fax Nbr.

Title of Officer Federal I.D. Tax Number
Pen Media 722 Ranger Circle, Foster City, CA 94404
Bridget Michelsen 650-619-2699
CEO / Owner 87-3951941

6.4 Attachment 4 - Proposal from Pen Media

147

Request for Proposals – Video Technician Services
5 Section 1

1. Introduction / Background
T
he City of Foster City is seeking proposals to provide Video Technician Services to record and cablecast City Council meetings and Planning Commission meetings, to maintain the FCTV Bulletin Board content and functionality, to record and cablecast additional meetings in the City Council Chambers as requested, provide advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

Ten
tative schedule and dates:

Release RFP Wednesday November 5, 2025
Proposer Walk-Through Wednesday, November 19, 2025 (4 PM) Vendor Written Inquiries (on or before) Tuesday, November 25, 2025 (5 PM) City response to Written Inquiry (on or before) Friday, December 5, 2025, Proposals due from potential bidders Wednesday, December 10, 2025 (5 PM) Reference Check TBD
Award of Contract Tuesday, January 20, 2026
*Tentative First City Council Meeting Monday, February 2, 2026 *Tentative First Planning Commission Meeting Thursday, February 5, 2026 C
ontract Negotiation
The City will enter into price negotiations with the selected Vendor. The City’s standard vendor agreement, which is attached with this RFP in Appendix A, will be used. * T
entative dates are part of an anticipated date of initial meeting where vendor will provide services. The City anticipates period of overlap between existing vendor and v
endor awarded contract to allow the Video Technician to learn the current procedures.

6.4 Attachment 4 - Proposal from Pen Media

148

DATE: January 20, 2026

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
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: ACCEPTING A $50,000 SPONSORSHIP AGREEMENT WITH

SCAN HEALTH PLAN FOR SENIOR LOUNGE FURNISHINGS AT
THE NEW FOSTER CITY COMMUNITY CENTER; RECORDING
THE FUNDS RECEIVED IN FUND 116; AUTHORIZING THE
TRANSFER OF $50,000 FROM FUND 116 TO CIP FUND 301; AND

DESIGNATING THESE FUNDS AS AN ADDITIONAL FUNDING

SOURCE FOR THE COMMUNITY CENTER REBUILD PROJECT
(CIP 301-678)

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Sponsorship Agreement with Senior Care Action Network (SCAN) Health Plan in the amount of $50,000 to purchase Senior Lounge furnishings at the new Foster City Community Center and authorize the City Manager to execute the Agreement;

2. Record the funds received in Fund 116;

3. Authorize the transfer of $50,000 from Fund 116 to CIP Fund 301; and

4. Designate these funds as an additional funding source for CIP 301-678.

EXECUTIVE SUMMARY
The City of Foster City is requesting City Council approval to accept a $50,000 sponsorship from SCAN Health Plan to purchase furnishings (i.e., furniture, décor,

6.5 6.5 Staff Report

149

equipment) for the Senior Lounge in the new Community Center. The sponsorship will be provided in two installments of $25,000 each, offsetting funds already budgeted for the Community Center Rebuild Project (CIP 301-678).

SCAN Health Plan is a non-profit Medicare Advantage program that has supported senior programs and wellness initiatives in Foster City. Acceptance of this agreement aligns with the City’s Sponsorship Policy, enhances the Senior Lounge for socialization and wellness activities for older adults, and allows the City Manager to execute the agreement.

BACKGROUND
The new Foster City Community Center will include a dedicated Senior Lounge, designed as a comfortable and accessible space for socialization, wellness, and drop-in activities for older adults. The Project has budgeted sufficient funds for the Senior Lounge furniture and amenities.

The City of Foster City (and Estero Municipal Improvement District) has a Sponsorship Policy that was last revised in January 2022. The Policy provides a framework for the generation of revenue to the City of Foster City through Sponsorships that provide a reciprocal benefit in the form of structured recognition that are consistent with City Council direction, existing City policies and procedures and applicable laws. Pursuant to the Policy, staff may enter into sponsorship agreements for City facilities and programs, provided they are consistent with Policy requirements.

SCAN Health Plan has offered a $50,000 sponsorship to help offset these costs. The sponsorship funding will be provided in two installments of $25,000 each.

Approval of the proposed Agreement will allow the Parks & Recreation Department to enhance the Senior Lounge with high-quality furnishings, continue the City’s partnership with SCAN Health Plan, and provide a welcoming, high-quality space for senior residents.

ANALYSIS
The proposed sponsorship agreement with SCAN Health Plan aligns with the City’s Sponsorship Policy, which outlines requirements for accepting monetary contributions and formalizing actions that support public programs and facilities. The Policy requires City Council authorization for sponsorships of $30,000 or more, making Council approval necessary for this agreement.

The $50,000 contribution offsets the City’s budgeted cost for furnishings for the Senior Lounge, allowing funds to be available for other priorities within the CIP. Accepting this agreement also strengthens the City’s partnership with SCAN Health Plan, a community organization whose mission and services align with Foster City’s goals for senior health, engagement, and well-being.

6.5 6.5 Staff Report

150

The sponsorship funds are designated specifically for the Senior Lounge, ensuring transparency and that the funds are used as intended.

CEQA
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.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
The total sponsorship amount is $50,000, provided in two installments of $25,000 each.

The sponsorship will be recorded in Foundation Fund 116 and then transferred to CIP Fund 301 to fund the Senior Lounge furniture and amenities, designating this as an additional funding source for CIP 301-678. There is no direct cost to the City associated with this sponsorship.

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

Attachment 1 – Resolution
Attachment 2 – Sponsorship Agreement with SCAN Health Plan Attachment 3 – Sponsorship Policy

6.5 6.5 Staff Report

151

4911-5496-7684 v1
4 1
9 0
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING A $50,000 SPONSORSHIP AGREEMENT WITH SENIOR CARE ACTION

NETWORK (SCAN) HEALTH PLAN FOR SENIOR LOUNGE FURNITURE AND

AMENITIES AT THE NEW FOSTER CITY COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; RECORD THE
SPONSORSHIP FUNDS IN FUND 116; AUTHORIZE THE TRANSFER OF $50,000 FROM FUND 116 TO CIP FUND 301 AND DESIGNATING THESE FUNDS AS AN

ADDITIONAL FUNDING SOURCE FOR THE COMMUNITY CENTER REBUILD PROJECT (CIP 301-678)

CITY OF FOSTER CITY
WHEREAS, the new Foster City Community Center will include a Senior Lounge designed as a comfortable and accessible space for socialization, wellness, and drop- in activities for older adults; and
WHEREAS, the City’s Recreation Center Rebuild Project (CIP 301-678) has budgeted sufficient funds for Senior Lounge furniture and amenities; and WHEREAS, Senior Care Action Network (SCAN) Health Plan, a nonprofit Medicare Advantage programs , has offered a $50,000 sponsorship to offset these costs, provided in two installments of $25,000 each; and
WHEREAS, acceptance of this sponsorship aligns with the City’s Sponsorship Policy and enhances the Senior Lounge for senior residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby approves the Sponsorship Agreement with SCAN Health Plan in the amount of $50,000 to support furniture and amenities for the Senior Lounge at the new Foster City Community Center, authorizes the City Manager to execute the agreement with minor amendments that may be approved by the City Attorney.

BE IT FURTHER RESOLVED, that the City Council hereby approves the recording of the sponsorship funds in Foundation Fund 116 and the transfer of those funds to Capital Improvement Fund 301 as an additional funding source for the project.

6.5 Attachment 1 - Resolution

152

4911-5496-7684 v1
4 1
9 0
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 January, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

153

1 SPONSORSHIP AGREEMENT

This Agreement to Contribute Funds to the FOSTER CITY COMMUNITY CENTER SENIOR LOUNGE (“Agreement”) is made as of January 20, 2026, between the City of Foster City (“ CITY”), a California municipal corporation, and SCAN HEALTH PLAN , a 501 (c)(3) herein after known as SPONSOR. CITY and SPONSOR are collectively referred to as “Parties”.

RECITALS

A. CITY is constructing a new Foster City Community Center, anticipated to be completed in Summer 2026, which will include a dedicated Senior Lounge serving Foster City’s growing senior population.

B. SPONSOR wishes to contribute funds specifically as a sponsor pursuant to the City’s Sponsorship Policy (Revised January 2022), attached hereto and hereinafter incorporated by reference as Exhibit A, to sponsor the furnishing and enhancement of the Senior Lounge as part of its mission to promote senior wellness and community engagement.

C. CITY wishes to accept SPONSOR’s contribution and to provide appropriate recognition and benefits related to this contribution as outlined in this Sponsorship Agreement.

NOW THEREFORE, for and in consideration of the foregoing and the mutual covenants and conditions set forth in this Agreement, SPONSOR and CITY agree as follows:

AGREEMENT

1. SPONSOR OBLIGATIONS.

SPONSOR agrees to a total sponsorship of $50,000, to be paid in two (2) installments of $25,000, each to be used for the purchase, installation, and/or enhancement of furniture and related amenities for the Senior Lounge at the new Foster City Community Center.

Payment Schedule:

• First installment due January 31, 2026.
• Second installment due April 1, 2026.

If SPONSOR’s full contribution is not made by April 1, 2026, CITY shall have no obligation to provide the recognition benefits described in Paragraph 2.

2. CITY RIGHTS AND OBLIGATIONS.

The seven (7)-year term for all sponsorship benefits (“Term”) described in this Section shall begin on the date the new Community Center opens to the public for regular use (“Opening Date”).

In exchange for the contribution in Paragraph 1, CITY agrees to provide SPONSOR with the following recognition and benefits for the Term, which reflects the useful life of the furniture funded by SPONSOR:
• Recognition, as specified herein, as the Sponsor of the Senior Lounge in the new Foster City Community Center, with the sponsorship funds designated for the purchase of furnishings

6.5 Attachment 2 - Sponsorship Agreement with SCAN Health Plan

154

2 (i.e., furniture, décor, equipment) for the Senior Lounge. The CITY shall use the funds provided by SPONSOR to purchase the furnishings for the Senior Lounge. SPONSOR shall have no involvement whatsoever in selecting the furnishings used in the Senior Lounge • SPONSOR shall be the sole health plan and/or hospital sponsor associated with the Senior Lounge for the duration of the Term.
• SPONSOR branding shall be prominently displayed outside the dedicated Senior Lounge for the seven-year duration of the sponsorship as described in this section. In addition, SPONSOR shall be acknowledged on the Community Center’s permanent donor and sponsor wall. • SPONSOR name and logo shall be included on the City’s project webpage for the new Community Center
• SPONSOR name and logo shall be included on the City’s project webpage for the new Community Center and in the Parks and Recreation Activity Guide (print and digital) announcing the Center’s opening. SPONSOR may also be featured in applicable CITY promotional communications related to the Senior Lounge. • CITY will include SPONSOR recognition in applicable press releases and community outreach related to the Senior Lounge opening.
• SPONSOR shall be invited to attend the Community Center grand opening and ribbon-cutting ceremony .
• SPONSOR shall receive advance notice of City-hosted events and programs serving seniors that take place within or in connection with the Senior Lounge, and may be offered the opportunity to table at or co -host such events, subject to City approval, policie s, scheduling, and space availability.
• SPONSOR shall be permitted, subject to City approval and facility availability, to host healthcare-focused, non-clinical educational or informational programs designed to engage seniors, including up to two (2) health fairs or wellness days per year at no facility fee charge.

All uses shall comply with City policies, standard facility use requirements, and scheduling procedures.
• SPONSOR will have no additional financial obligations beyond its sponsorship of the Senior Lounge.
• City of Foster City and Foster City Parks and Recreation acknowledge that “ Independence at Home”, the “SCAN Foundation”, and SPONSOR are separate and distinct entities. • The parties acknowledge that the recognition and benefits provided to SPONSOR reflect fair market value and are consistent with the standard benefits the City would offer for sponsorship of programs or facilities of a similar nature.

SPONSOR shall not expect, nor shall CITY grant, any additional consideration relating to CITY procurement, regulatory activities, or any other business or operations of the CITY beyond what is stated in this Agreement.

3. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party , or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Either party may modify their respective contact information identified in this section by providing notice to the other party.

6.5 Attachment 2 - Sponsorship Agreement with SCAN Health Plan

155

3 To: City of Foster City
Attn: Stefan Chatwin
610 Foster City Boulevard
Foster City, CA 94404

To: SPONSOR
Attn: Jennifer Caceres
3800 Kilroy Airport Way #100
Long Beach, CA 90806
[email protected]

4. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

5. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

6. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo.

7. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

8. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the SPONSOR’s obligations be delegated, without the written consent of the CITY. Any attempt to assign or delegate this Agreement without the written consent of the CITY shall be void and of no force or effect.

9. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

10. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

11. MUTUAL DRAFTING. Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. Each party acknowledges that it has cooperated in the drafting, negotiation and preparation of this Agreement and agrees that any uncertainty herein is the fault of both of the parties and, therefore, California Civil Code section 1654 or any comparable statute is not applicable to the Agreement’s interpretation.

6.5 Attachment 2 - Sponsorship Agreement with SCAN Health Plan

156

4 12. THIRD PARTY BENEFICIARY. The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and it is not the intention of the parties to confer third-party beneficiary rights upon any other person or entity.

13. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the matters described herein.

14. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of SPONSOR and the CITY. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

15. NO PARTNERSHIP. It is expressly understood that this is an agreement between the Parties and that no individual agency, employee, partnership, joint venture, or other relationship is established by this Agreement. No volunteers, agents, employees of SPONSOR shall be considered employees of the CITY.

IN WITNESS WHEREOF, the CITY and SPONSOR agree to the full performance of the terms set forth herein.

“CITY” “SPONSOR”

CITY OF FOSTER CITY SCAN HEALTH PLAN

By:______________________________ By:_______________________________ Stefan Chatwin, CITY MANAGER Name:____________________________ Date:____________________________ Date: _____________________________ Title:______________________________
Date:______________________________

ATTEST

_________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM:

________________________________
Benjamin L. Stock, City Attorney

6.5 Attachment 2 - Sponsorship Agreement with SCAN Health Plan

157

SPONSORSHIP POLICY
City of Foster City/Estero Municipal Improvement District

1.0 PURPOSE

1.01 This policy provides a framework for the generation of revenue to the City of Foster City/Estero Municipal Improvement District through Sponsorships that provide a reciprocal benefit in the form of structured recognition that are consistent with City Council/District Board direction, existing City/District policies and procedures and applicable laws.

1.02 This policy is not intended to provide guidance for soliciting and handling Donations that do not provide a reciprocal benefit in the form of structured recognition. Donations are addressed in a separate Donation Policy.

2.0 DEFINITIONS

2.01 Fundraising: Any activity conducted with the intent of generating funds from sources outside of the City/District for the City/District or a particular Department, program or activity of the City/District. Fundraising activities may include, but are not limited to endowment programs, program adoption or pledge drives, and/or contacting individuals, companies, foundations, or other entities with the primary purpose of seeking financial support for the City/District in the form of Donations or Sponsorships.

2.02 Fundraising Plans: Written documents approved by the City Council/District Board that specify activities for which Donations or Sponsorships may be sought, the type of Sponsor recognition that may be granted for different types of Sponsorships and for different Sponsorship amounts and the conditions for acceptance of funds.

2.03 In-Kind Contributions: A contribution other than cash or real property, which would serve a useful purpose in the provision of City/District services. Examples of In-Kind Contributions may include equipment, materials, or services.

2.04 Sponsor: An organization or individual who provides a funding or In-Kind Contribution to the City/District or to a particular Department, program or activity of the City/District, with the expectation of a reciprocal benefit in the form of structured recognition.

2.05 Sponsorship: A Sponsor's Contribution to a particular event, activity, program or facility, with expectation of a structured recognition of the Sponsor by the City/District for the Contribution.

6.5 Attachment 3 - Sponsorship Policy

158

Sponsorship Policy
Revised January 2022
- 2 -

2.06 Sponsorship Agreement: A written agreement between the City/District and an organization or individual whereby the organization or individual agrees to provide a Contribution to the City/District in exchange for recognition rights related to specific, identified City/District initiatives. A Sponsorship Agreement may permit a limited form of promotional opportunity as listed in section 8.03, in exchange for the Contribution provided to the City/District, subject to the terms of this Policy.

3.0 GENERAL PROVISIONS

3.01 All Sponsorships must be for a purpose directly related to providing goods or services to the public or for another valid public purpose, and may not be used for personal financial gain of any City/District employee, elected, or appointed official.

3.02 Sponsors shall not expect, nor shall the City/District grant, any extra consideration beyond that which is detailed in the Sponsorship Agreement in relation to City/District procurement, regulatory activities, or any other business, services and operations of the City/District.

3.03 No action shall be taken which actually does or gives the appearance that persons or entities that do not provide Sponsorships are treated less favorably or are at a competitive disadvantage in conducting their business with the City/District than those who do provide Sponsorships.

3.04 City Council/District Board members and appointed City/District officials are responsible for reporting Fundraising activities as required by applicable laws and regulations.

4.0 SPONSORSHIP SOLICITATION

4.01 Members of the City Council/District Board and Planning Commission shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.02 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

4.03 Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. Thereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.

4.04 Staff designated to oversee Fundraising activities shall ensure that the terms of any Fundraising Plan and its provision for structured recognition are consistent with applicable laws and City/District ordinances, plans and policies. These could include, but are not limited to, Municipal Code Section 12.04.030, Fair Political Practices Commission requirements, and City/District procurement requirements. Staff is encouraged to consult with the City/District Attorney in the preparation of Fundraising Plans and materials if there are any potential conflicts with applicable law.

6.5 Attachment 3 - Sponsorship Policy

159

Sponsorship Policy
Revised January 2022
- 3 -

5.0 SPONSOR SELECTION

5.01 No political campaign or candidate for elective office shall be approved as a sponsor.

5.02 No individual or organization that owes an outstanding balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.

5.03 If multiple Sponsors desire to participate in a limited opportunity, the City Council/District Board shall select Sponsor(s) providing the greatest benefit to the City/District, and in consideration of the quality of product or service to be received by the City/District.

5.04 Sponsors may appeal decisions made in the implementation of this policy by City/District Staff to the City Council/District Board whose decision shall be final.

5.05 The Sponsor selection process shall be impartial, and compatible with other City/District Sponsorship relationships.

6.0 SPONSORSHIP AGREEMENTS

6.01 With prior City Council/District Board approval of a Fundraising Plan and after the selection of any Sponsor is complete, the respective obligations of the Sponsor and the City/District shall be set forth in a written agreement. Sponsorship agreements are required of all Sponsors. Agreements must be signed and payments made in advance of the event to which they relate.

6.02 The City/District Manager shall approve Sponsorship Agreements with a value not to exceed $30,000.

6.03 The City Council/District Board shall approve Sponsorship Agreements with a value exceeding $30,000.

6.04 The City Council/District Board shall approve any donation or sponsorship by elected or appointed officials or City/District employees (as an individual or on behalf of their business).

6.05 Only Sponsorship revenue that has been formalized in a written agreement may be included in budget revenue forecasts unless specifically authorized by the City Council/District Board.

7.0 FUNDRAISING GUIDELINES

7.01 Upon approval of the City Council/District Board, Sponsorships may be sought on behalf of the City/District. Sponsorships may not be sought by members of the City Council/District Board or Planning Commission.

7.02 Sponsorships shall not be requested under the guise, pretense, or presumption of receiving official City/District endorsement of the contributing party, product or activities.

6.5 Attachment 3 - Sponsorship Policy

160

Sponsorship Policy
Revised January 2022
- 4 -

7.03 City staff and Advisory Committee members may only approach potential Sponsors pursuant to an approved Fundraising Plan approved by the City Council/District Board, and only if the Sponsorship is directly related to providing a good or service to the public.

7.04 Fundraising Plans shall specify the type of Sponsor recognition to be granted for different types of Contributions and for different Contribution amounts, the conditions for acceptance of funds, which conditions shall be fair, impartial and shall not discriminate on the basis of race, color, age, ancestry, religion, national origin, pregnancy and perceived pregnancy, sex/gender, military status, sexual orientation, genetic information/characteristics, marital status, medical condition (including cancer or record or history of cancer or AIDS/HI V status, or mental or physical disability of the proposed Sponsor. The City Council/District Board shall review and approve Fundraising Plans.

7.05 City/District employees working in an enforcement or regulatory position shall not solicit Sponsorships from the public on behalf of the City/District for the City/District, or any department, program or activity of the City/District.

7.06 Any person permitted under this policy to solicit Sponsorships shall maintain the highest standard of ethics in soliciting S ponsorships. No employee or appointed official shall engage in Fundraising activities where they or their spouse, registered domestic partner or immediate family members have a conflict of interest, or the appearance of a conflict of interest would arise from their involvement in the activities.

8.0 SPONSORSHIP RECOGNITION

8.01 Sponsor recognition must be consistent with the Municipal Code and other laws and regulations, and with the guidelines in this policy. Sponsorships and Sponsor recognition may not be comprised of obscene or pornographic material. The City/District reserves the exclusive right to approve or deny any request for Sponsorship from any prospective Sponsor.

8.02 No benefit will be provided to a prospective sponsor until a Sponsorship Agreement has been executed and payment in full has been received.

8.03 The following are acceptable forms of Sponsor recognition:

8.03.01 Placement of logos and/or company names in signage and publicity, including press releases and materials posted on the FCTV bulletin board and/or websites maintained by the City/District.

8.03.02 Plaques I Memorials affixed on a donated item, on a Sponsorship wall, on a paving stone or memorial bench.

8.03.03 Named Endowments on a legacy that funds itself in perpetuity, like a camp scholarship.

8.03.04 Public recognition and thanking of Sponsors by the City Council/District Board or City Staff at public meetings or events.

6.5 Attachment 3 - Sponsorship Policy

161

Sponsorship Policy
Revised January 2022
- 5 -

8.03.05 Other acknowledgements, public or private, approved by the City Council/District Board.

8.04 The following forms of recognition are not acceptable:

8.04.01 Naming rights to a City/District facility (disallowed under Municipal Code Section 12.04.030).

8.04.02 Publicity or "Air Time" given to the sponsor to promote themselves, their services/products or their views/opinions at a City Council/District Board meeting, press conference, public event or on -air, including broadcasting on FCTV, "Guest MC" at concerts, festivals and events, etc.

8.05 The City/District will provide the Sponsor with a letter of acknowledgement and a statement of the City/District's intended use in accordance with IRS regulations. If the Sponsor conveys funds through an Electronic Payment Provider, the electronic receipt from the Provider will serve as the required letter of acknowledgement. The tax deductibility of any Sponsorship is the exclusive responsibility of the Contributor.

8.06 Sponsorships shall be acknowledged in a timely manner after formal acceptance of the Sponsorship has taken place and in accordance with IRS regulations.

9.0 IN-KIND SPONSORSHIPS

9.01 In-Kind Contributions may be accepted as Sponsorships under the following conditions:

9.01.01 In-Kind Contributions are allowed in the Fundraising Plan.

9.01.02 The Department has obtained reasonable documentation of the value of the contribution and has ensured that the level of contribution and recognition is equitable with similarly situated Sponsors.

9.01.03 The In -Kind Contribution is used for the program, event or activity for which Sponsorships are being sought (e.g., contribution of ad space for an activity where the contribution will be acknowledged).

9.01.04 For all reporting purposes, the cash value of the In-Kind Contribution is used.

9.02 If a Contribution of personal property or of a service does not result in the City/Dist rict receiving the indemnification, insurance, bonding or warranties that it would normally receive through procurement of the personal property or service, the absence of those factors, and the potential costs and liabilities associated therewith shall be considered in determining whether to accept the In-Kind Contribution.

9.03 Any proposed In -Kind Contribution that, if accepted, would obligate the City/District to enter into a service or procurement agreement shall not be accepted as a contribution and shall be subject to the City/District procurement process.

6.5 Attachment 3 - Sponsorship Policy

162

Sponsorship Policy
Revised January 2022
- 6 -

9.04 Any Department considering acceptance of an In -Kind Contribution shall consult with other Departments that could be affected by acceptance of the Contribution. For example, if other Departments may incur costs to provide management, support, maintenance, and repair or enforcement activity of In-Kind Contribution.

9.05 In-Kind Contributions must be safe and durable, and meet any applicable City/District design or quality specifications, standards, and policies.

9.06 The City/District accepts In -Kind Contributions of materials with the understanding that such items have a useful life, and that the City/District assumes no responsibility for replacement or upkeep. Once a Contribution is accepted, it becomes City/District property and may be maintained, replaced or disposed as the City/District deems appropriate, subject to any Contributor restrictions.

10.0 AUTHORITY TO ACCEPT SPONSORSHIPS

10.01 The City Council/District Board's approval of a Fundraising Plan will serve as approval of Sponsorships not to exceed $30,000.

10.02 The City Council/District Board must approve all Sponsorships with a value exceeding $30,000.

10.03 The City/District may accept Sponsorships that enhance services or reduce costs that the City/District would incur in the absence of their acceptance, or that otherwise provide a significant enhancement to the City/District.

10.03.01 Sponsorships may offset existing costs, but may not be relied upon within the annual budget to support staffing of on-going operations.

10.03.02 Sponsorships may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or services.

10.04 All cash Sponsorships received by check, cash, wire transfer or electronic payment shall be deposited in the Foster City Foundation Fund. The Sponsor’s intent for use of the funds shall be established and recorded in subaccounts that reflect the intent of the funders (e.g., Special Events, Memorial Bench).

10.05 The Finance Director or designee shall comply with the IRS regulations for issuance of receipts for tax purposes to Sponsors that meet or exceed the IRS-defined annual Contribution amount. Contributions to the City/District less than the IRS -defined annual Contribution amount will be acknowledged at the discretion of the City/District Manager or designee.

10.06 The Department Director is responsible to ensure that Sponsors receive the structured recognition documented in the Sponsorship Agr eement and to maintain proof of said structured recognition for the time period required by the City’s Records Retention Policy.

6.5 Attachment 3 - Sponsorship Policy

163

Sponsorship Policy
Revised January 2022
- 7 -

11.0 USE OF SPONSORSHIPS

11.01 Sponsorships shall be used in the manner and for the program(s) or activity(ies) described in the Sponsorship Agreement.

11.02 The City Council/District Board as Trustees of the City/District Foundation shall approve any expenditure of City/District Foundation Funds exceeding $30,000 in compliance with the City’s purchasing ordinance and administrative policy.

11.03 The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manag er may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

12.0 ACCOUNTING AND RECORD KEEPING

12.01 The City/District shall maintain records that provide an audit trail for the receipt of all Sponsorships and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency.

12.02 All Sponsorships shall be recorded and maintained for at least the expected life of the item or service, or for a specific time frame that has been established.

12.03 Monetary Sponsorships of any amount may be paid by check payable to the City of Foster City. Sponsorships not to exceed $30,000 may be paid through Electronic Payment Providers through accounts set up for that purpose. If Electronic Payment options are made available, it shall be indicated, in a way that is evident to Sponsors, that a portion of the Sponsorship will be retained by the Electronic Payment Provider as its fee.

Sponsorships exceeding $30,000 may be made by check or may be made by wire transfer based upon the City Council/District Board’s approval of the Sponsorship Agreement prior to the transfer. Acceptance of cash will only be allowed if approved in advance by the Finance Director.

12.04 A record of all open Sponsorships including name, type, contact name if a company, amount, and disposition of Sponsorship ( future payments due) shall be kept up -to-date and accurate by both the receiving Department and the Finance Department.

12.05 Within ninety (90) days after the end of the fiscal year, the Finance Director shall issue to the City Council/District Board an annual report summarizing the financial activity (e.g., contributions received, expenditures made, current balances, etc.) of the Foster City Foundation Fund for that fiscal year. This report may contain a report of In - Kind Contributions as well.

12.06 The City Council/District Board shall review the results of the current year's Fundraising on an annual basis as outlined in Section 12.05. At that time, it shall provide direction as to which City/District programs, activities, or services shall be supported in whole or in part by Fundraised revenue in the next fiscal year.

6.5 Attachment 3 - Sponsorship Policy

164

RESOLUTION NO. 2022-4

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

THE DONATION POLICY AND SPONSORSHIP POLICY

CITY OF FOSTER CITY

WHEREAS, the City Council adopted a Fundraising Policy on January 18, 2011 and updated that policy on October 1, 2012; and

WHEREAS, the City Council commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be included in the Fundraising Policy; and

WHEREAS, one of those recommendations was to bifurcate the Donation Policy from the Sponsorship Policy in order to provide clearer and more nuanced guidance for these very different types of fundraising activities; and

WHEREAS, the City Council rescinded all previously approve d Fundraising Policies and adopted a new Donation Policy and Sponsorship Policy on November 16, 2020; and

WHEREAS, Staff now recommends updates to the Donation Policy and Sponsorship Policy as follows:

Donation Policy
 Amend Section 2.01 to read: Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited.  Amend Section 7.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs

Sponsorship Policy
 Amend Section 4.03 to read: Before any Sponsorship Opportunity is offered, the opportunity shall be detailed in a Fundraising Plan that is approved by the City Council/District Board. At that time, the City Council/District Board shall provide direction as to which City/District pro grams, activities, or services shall be supported in whole or in part by Fundraised revenue. Thereafter, the plan shall be implemented under the direct supervision of the Department Director and the general direction of the City/District Manager.

DocuSign Envelope ID: E59F8A2F-8BE9-40D7-928A-F20C5DF5AB34

6.5 Attachment 3 - Sponsorship Policy

165

City Resolution No. 2022-4
 Addition of Section 5.02: No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.
 Amend Section 11.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expendit ures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.
 Amend Section 12.05 to remove reference to Section 5.11  Eliminate Section 12.06

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby amend the Donation Policy and Sponsorship Policy.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of January, 2022, by the following vote:

AYES: Councilmembers Gehani, Hindi, Sullivan, and Mayor Awasthi

NOES: None

ABSENT: Councilmember Froomin

ABSTAIN: None

____________________________________

RICHA AWASTHI, MAYOR

ATTEST:

______________________________

PRISCILLA SCHAUS, CITY CLERK

DocuSign Envelope ID: E59F8A2F-8BE9-40D7-928A-F20C5DF5AB34

6.5 Attachment 3 - Sponsorship Policy

166

RESOLUTION NO. 3629

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AMENDING THE DONATION POLICY AND

SPONSORSHIP POLICY

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

WHEREAS, the EMID Board of Directors originally adopted a Fundraising Policy by District Resolution 3123; and

WHEREAS, the EMID Board of Directors commissioned a review of its Sponsorship Program and has received recommendations for “best practices” to be added to the Fundraising Policy; and

WHEREAS, the EMID Board of Directors rescinde d all previously approved Fundraising Policies and adopted a new Donation Policy and Sponsorship Policy on November 16, 2020; and

WHEREAS, staff now recommends updates to the Donation Policy and Sponsorship Policy as follows:

Donation Policy
 Amend Section 2.01 to read: Donation: A contribution to the City/District that is made without expectation of a reciprocal benefit or structured recognition. Nothing in this policy shall preclude the verbal thanking of donors by name at a gathering or event to which donated funds have been contributed. Donations may be restricted or unrestricted by the Donor. Donations may be solicited or unsolicited.  Amend Section 7.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authori ty to approve expenditures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.

DocuSign Envelope ID: E59F8A2F-8BE9-40D7-928A-F20C5DF5AB34

6.5 Attachment 3 - Sponsorship Policy

167

EMID Resolution No. 3629
 Addition of Section 5.02: No individual or organization that owes an outstanding sponsorship balance of any amount to the City of Foster City or Estero Municipal Improvement District shall be approved as a sponsor.
 Amend Section 11.03 to read: The City Council/District Board as Trustees of the City/District Foundation delegates authority to the City/District Manager to approve any expenditure of City/District Foundation Funds not to exceed $30,000. The City/District Manager may delegate authority to approve expendit ures under $1,000 related to the administration of the Memorial Bench and Veterans Wall programs.
 Amend Section 12.05 to remove reference to Section 5.11  Eliminate Section 12.06

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby amend the Donation Policy and Sponsorship Policy.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meet ing held on the 18th day of January, 2022, by the following vote:

AYES: Directors Gehani, Hindi, Sullivan, and President Awasthi NOES: None

ABSENT: Director Froomin

ABSTAIN: None

RICHA AWASTHI, PRESIDENT

ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

DocuSign Envelope ID: E59F8A2F-8BE9-40D7-928A-F20C5DF5AB34

6.5 Attachment 3 - Sponsorship Policy

168

DATE: January 20, 2026

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

FROM: Andrew Brozyna, Director of Public Works
Laura Galli, Engineering Manager
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZING CALL FOR BIDS – STREET REHABILITATION
PROJECT 2025-2026 (CIP 301-726)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Street Rehabilitation Project 2025-2026 (CIP 301-726).

EXECUTIVE SUMMARY
The proposed scope for CIP 301-726 will consist of roadway work including dig outs and grind and overlay on Foster City Blvd. from E. Hillsdale Blvd. to Marlin Ave, and a portion of Altair Avenue near E. Hillsdale Blvd. The street rehabilitation scope on Foster City Blvd. from Marlin Ave to Beach Park Blvd. is included in the project as a bid alternate and will be awarded if bid results are favorable. The Street Rehabilitation Project will help to maintain and increase the City’s overall Pavement Condition Index (PCI). The PCI is a numerical index used to indicate the general condition of a pavement. Public Works staff

6.6 6.6 Staff Report

169

prepared construction documents for the Street Rehabilitation Project and the project is ready to be advertised for construction.

The City Council action will allow staff to advertise the street rehabilitation project for bidding. Construction of the street rehabilitation project is anticipated to take approximately 3 months with an anticipated start in June 2026.

BACKGROUND
In 2023, a pavement condition survey was performed for several streets in the City and the data was entered into the Metropolitan Transportation Commission’s Pavement Management Program (PMP). The PMP allows the City to compare and analyze the street conditions. Based on the PMP analysis, combined with the input received from the public and the City’s maintenance crew, streets are identified and prioritized for rehabilitation work.

Previously, the boulevards or arterials in the City have been skipped for rehabilitation to avoid damage while major construction of the Levee was in progress. Since the Levee has been completed, this will be the second annual paving project which will help address an arterial roadway, which should help raise the Pavement Condition Index (PCI) in future years.

The scope of work includes but is not limited to full-width grinding, asphalt overlays, striping, and utility adjustments.

ANALYSIS
The ongoing maintenance of public streets is essential to maintain the structural integrity, safety and accessibility of the City’s roadways and maintain an acceptable PCI for the City. Continual improvements and maintenance lead to higher quality roadways at a lower cost. Due to high usage, Foster City Blvd will be the main focus of this year’s pavement project. Street rehabilitation in the form of asphalt milling, asphalt overlays, and base repairs will be conducted on Foster City Blvd between East Hillsdale Blvd and Marlin Ave. Additionally, a portion of Altair will also be rehabilitated due to poor conditions identified by maintenance staff. Foster City Blvd between Marlin Ave and Beach Park Blvd is included in the project as a bid alternate and will be awarded if bid results are favorable.

All locations identified above include striping and signage improvements, utility adjustments if necessary. The project area was also evaluated for red curb additions to support Assembly Bill 413 (AB 413), which prohibits parking within 20 feet of the vehicle approach side of crosswalks. Foster City Blvd and Altair Ave within the limits of the project already possess the appropriate parking restrictions, and therefore new red curb for AB 413 is not necessary.

6.6 6.6 Staff Report

170

Plans and specifications for the street rehabilitation project are complete and ready for bidding. Public Works staff prepared the plans and specifications in-house resulting in time and cost savings. Construction is anticipated to begin in June 2026, after the conclusion of the school year, in effort to minimize impact to residents. The project duration is approximately 3 months. As with any street rehabilitation project, traffic control will be utilized and construction signs informing residents of the work will be posted 3 days prior to actual start date of the work. The contractor will also be notifying affected homes with letters prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support. A hard copy of the plans and specifications is available for view in City Hall.

Street Rehabilitation Project Anticipated Schedule
Approve Plans and Specifications and
Authorize Call for Bids
January 20, 2026
Bid Opening February 18, 2026
Award of Contract March 16, 2026
Contract Execution April 2026
Construction June 2026 – August 2026
Project Notice of Completion September 2026
CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
Funding for CIP 301-726 is available in the SB1 ($1,500,000), Gas Tax ($500,000), and CIP City funds ($228,263). The CIP City funds are supplied by San Mateo Foster City School Districts fees based on a Memorandum of Understanding for their development project. Based on the Engineer’s Estimate, adequate funding is available for construction of the project.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
Public Safety and Social Equity

6.6 6.6 Staff Report

171

ATTACHMENTS:

Attachment 1 – Resolution

6.6 6.6 Staff Report

172

4 2
0 3
RESOLUTION NO.____________

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

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE STREET REHABILITATION PROJECT (2025-2026) (CIP301-726);

AND FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTIONS 15301 – EXISTING FACILITIES AND 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the Plans and Specifications for the Street Rehabilitation Project (CIP 301-726) have been completed and are ready for bid; and

WHEREAS, total funding in the amount of $2,228,263 is the approved project budget for CIP301-726, of which $228,263 of CIP City funds are supplied by San Mateo Foster City School Districts fees based on a Memorandum of Understanding for their development project which goes towards street rehabilitation projects; and

WHEREAS, construction for the street rehabilitation project is anticipated to begin in June 2026, and

WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the Plans and Specifications and authorize the call for bids for the Street Rehabilitation Project 2025-2026 (CIP 301-726).

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 January 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

173

DATE: January 20, 2026

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 Department
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO PATRIOT
ENVIRONMENTAL SERVICES IN THE AMOUNT OF $162,227

FOR THE REMOVAL OF THE UNDERGROUND STORAGE TANK
AT LIFT STATION 29 AS PART OF THE EMERGENCY
GENERATOR REPLACEMENT PROJECT (CIP 455-705)

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) adopt the attached resolution authorizing:

1. The President to execute an agreement with Patriot Environmental Services (Patriot) in the amount of $162,227 for the removal of the Underground Storage Tank (UST) at Lift Station 29 as part of the Emergency Generator Replacement Project (CIP 455-705); and

2. The establishment of a construction contingency in the amount of $32,000 with authorization given to the District Manager or his designee to execute contract change orders up to the contingency amount; and

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

6.7 6.7 Staff Report

174

EXECUTIVE SUMMARY
CIP 455-705 includes the removal of a UST, day fuel tank and associated equipment which fuel the back-up generator at Lift Station 29. The current tank is no longer in use, not in compliance and not required for the new generator that will be installed in Summer 2026. Freyer and Laureta, Inc. (F&L) are the Engineers of Record who developed construction documents for the project.

Two (2) bids for the construction of CIP 455-705 were received and opened on Wednesday, November 20, 2025, following an informal bid solicitation. The bid submitted by Patriot in the amount of $162,227 was determined to be the lowest responsible and responsive bid.

Construction is anticipated to start in March 2026 and is estimated to take two months to be completed. MCK America, Inc. (MCK) will provide construction management, inspection and support services throughout the duration of construction.

There are adequate funds in the project budget for CIP 455-705 to cover the cost of construction.

BACKGROUND/ANALYSIS
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).

The project scope includes the removal of a UST located within the Bank of America parking lot at 909 East Hillsdale Boulevard that fuels the back-up generator for Lift Station

29. The UST has experienced ongoing failures in passing Line Tightness tests, which checks if the underground fuel pipes are leaking and has recently failed an Acoustic Monitoring inspection, which uses sensors to detect corrosion/leaks, conducted by San Mateo County Health’s Environmental Health Services. Although decommissioned, testing is required to be conducted annually until its final removal. In March 2025, staff decided to expedite the removal of the UST, ahead of construction of the generator replacements project, to avoid further violations and potential fees. The work will include the removal of the day fuel tank, any conduit, wiring, and equipment connected to the UST both inside and outside of the Bank of America building. The existing generator will remain and be removed during the installation of the new generator.

Based on the estimated construction cost provided by F&L, bids were solicited through an informal bidding process. Bids for this project were opened on Thursday, November 20, 2025, with the following results:

6.7 6.7 Staff Report

175

Name of Company Total Bid $ Over/(Under)
Engineer’s
Estimate
% Over/(Under)
Engineer’s
Estimate
Engineer’s Estimate $140,445.00 $ - - %
Patriot Environmental Services $162,227.00 $21,782.00 16% Gems Environmental
Management Services
$329,692.80 $189,247.80 135%
Patriot submitted the lowest responsible and responsive bid, in the amount of $162,227.

The bid amount is above the engineer’s estimate by $21,782.00 or 16%. Staff conducted an extensive evaluation of Patriot and found their previous experience to be satisfactory and in line with what staff expect for this project. Patriot has provided all the required documents and licenses.

Construction duration is 60 calendar days and is anticipated to start in March 2026 and be completed by May 2026. MCK will provide construction management, inspection and support services throughout the duration of construction. F&L will provide construction support services during construction and produce record drawings post-construction.

Staff is coordinating construction with Bank of America’s property managers and the City’s Maintenance Division to ensure uninterrupted service during the work and will work around the bank’s operational hours, if needed.

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

FISCAL IMPACT
There are adequate funds in the project budget for construction. A construction contingency of $32,000 or approximately 20% of the total bid amount of $162,227 is requested to pay for any unforeseen conditions during construction. The higher contingency percentage is proposed as this type of work may lead to discovering unforeseen environmental mitigation needs. Any unused money, including contingency remaining following construction, will be retained in the project budget for the remaining project scope to replace the emergency generators.

Approved Current Budget Amount
Wastewater Capital Investment (455) $ 6,200,000.00 Current Expenditures
F&L Agreement $ 847,418.00
F&L Contingency $ 59,000.00

6.7 6.7 Staff Report

176

Miscellaneous Design Expenses $ 24,553.75 Procurement of 3 Priority Generators, ATS and
associated equipment $ 1,715,136.00
Anticipated Expenditures
Construction Bid submitted by Patriot $ 162,227.00 Construction Contingency (20%) $ 32,000.00 Procurement of 7 Generators, ATS and
associated equipment $ 635,351.13
Total Anticipated Expenditures $ 3,475,685.88

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

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

6.7 6.7 Staff Report

177

4 1
8 7
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AUTHORIZING (1) THE AWARD OF A CONSTRUCTION

CONTRACT TO PATRIOT ENVIRONMENTAL SERVICES IN THE AMOUNT OF $162,227 FOR THE REMOVAL OF THE UNDERGROUND STORAGE TANK THAT FUELS THE BACK-UP GENERATOR AT LIFT STATION 29 AS PART OF THE EMERGENCY GENERATOR REPLACEMENT PROJECT (CIP 455-705); (2) THE

ESTABLISHMENT OF A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $32,000; AND (3) FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(b)– EXISTING FACILITIES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 addresses the removal of the underground storage tank located within the Bank of America Parking Lot which fuels the back-up generator at lift station 29 as part of the replacement of emergency generators and automatic transfer switch (ATS) equipment located at ten (10) of the District’s lift stations; and WHEREAS, the underground storage tank is experiencing ongoing failures and has failed inspection numerous times; and
WHEREAS, it was determined beneficial to accelerate the decommissioning of the Underground Storage Tank ahead of the planned construction for CIP 455-705 to reduce further violations and potential fees; and
WHEREAS, out of two (2) bids received and opened, Patriot Environmental Services submitted the lowest responsible and responsive bid in the amount of $162,227; and
WHEREAS, a project contingency in the amount of $32,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, MCK America, Inc. will perform construction management and support services throughout construction and closeout; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, funding is available in the budget for CIP 455-705 Emergency Generator Replacement Project.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:

6.7 Attachment 1 - Resolution

178

4 1
8 7

1. Authorize the President to execute an agreement with Patriot Environmental Services in the amount of $162,227 for the removal of the Underground Storage Tank (UST) located within the Bank of America Parking Lot which fuels the back- up generator at Lift Station 29 as part of the Emergency Generator Replacement Project (CIP 455-705); and

2. Approve a construction contingency in the amount of $32,000 with authorization given to the District Manager, or his designee, to execute contract change orders up to the contingency amount; and

3. Find that the Project is categorically exempt pursuant to CEQA Guidelines Section 15302 (Class 2) – Existing Facilities.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the President and the District Board, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

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 January 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ART KIESEL, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 1 - Resolution

179

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT

DISTRICT (OWNER)
610 Foster City Boulevard, Foster City, CA 94404

CONTRACT

EMERGENCY GENERATOR REPLACEMENT (UNDERGROUND TANK STORAGE REMOVAL), CIP 455-705, DATE: JANUARY 20, 2026
CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 1

1. Identification of Contractor.

CONTRACTOR: Patriot Environmental Services, Inc.

LICENSE NO: 8099990

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

Compensation for Work. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is
$162,227.00, to be paid as: (1) ☐ lump sum; (2) ☒ lump sum with progress payments; (3) ☐ per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $162,227.00. All payments: ☒ shall ☐ shall not be subject to a five percent retention.

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

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

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

Substantial Completion Date: Within 60 calendar days of Commencement Date.

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

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner $500.00 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner $500.00 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

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

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

4. Terms and Conditions.

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

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

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

Agreement number must appear on all invoices and correspondence.

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

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

By: ______________________________________
Art Kiesel, District President
APPROVED AS TO FORM:

By: ______________________________________
Benjamin Stock, District Legal Counsel
ATTEST:

By: ______________________________________
Priscilla Schaus, District Secretary

CONTRACTOR
Name: ____________________________________
By: _______________________________________
(signature)
Its: _______________________________________
Title (If Corporation: Chairman, President or Vice President) 1099 INFORMATION
Contractor Taxpayer I.D. No.: __________________
Incorporated: ☐ Yes ☐ No

6.7 Attachment 2 - Construction Agreement

180

Appendix A to Contract

SCOPE OF WORK

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 2

1. The removal of one (1) 1000-gallon underground dual-wall fiberglass diesel emergency generator tank and all associated electrical and piping systems and components.

2. The removal of one (1) diesel fuel day tank located inside a Bank of America building.

3. The installation of backfill, pavement restoration and other restoration to match existing conditions.

(End of Appendix A)

6.7 Attachment 2 - Construction Agreement

181

Appendix B to Contract

GENERAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 3

ARTICLE 1 TERMS OF PERFORMANCE

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

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

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

ARTICLE 2 LEGAL AND MISCELLANEOUS

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

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

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

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

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

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

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

6.7 Attachment 2 - Construction Agreement

182

Appendix B to Contract

GENERAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 4
agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person’s race, religion, color, national or igin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

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

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

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

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

2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by 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].

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 main tain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no le ss frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.09 Mandatory Contractor and Subcontractor Registration.

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

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

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

A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000.00, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond .

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

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

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

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

2.14 Claims.

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

6.7 Attachment 2 - Construction Agreement

183

Appendix B to Contract

GENERAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 5
B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim.

C. Claim Format

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

2.14,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

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

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

Force Majeure events include the following:

(End of Appendix B)

6.7 Attachment 2 - Construction Agreement

184

Appendix C to Contract

INSURANCE

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Appendix C)

6.7 Attachment 2 - Construction Agreement

185

Appendix D to Contract

CONSTRUCTION PERFORMANCE BOND

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 7

KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Foster City (Owner) has awarded to Patriot Environmental Services, Inc., as Principal, a Purchase Order Agreement, dated the ___________ day of ___________, 202__ (Agreement), titled THE EMERGENCY GENERATOR RELACEMENT
(REMOVAL OF UNDERGROUND STORAGE TANK AT LIFT
STATION 29) PROJECT in the amount of $ 162,227.00, which Agreement is by this reference made a part hereof, for the work described as follows:

2. The removal of the underground storage tank, day tank and associated equipment.

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR AS PRINCIPLE

Company: (Corp. Seal)

_____________________________________________
Signature

_____________________________________________
Name

_____________________________________________
Title

_____________________________________________
Street Address

_____________________________________________
City, State, Zip Code

SURETY

Company: (Corp. Seal)

_____________________________________________
Signature

_____________________________________________
Name

_____________________________________________
Title

_____________________________________________
Street Address

__________________________________________
City, State, Zip Code

(End of Appendix D)

6.7 Attachment 2 - Construction Agreement

186

Appendix E to Contract

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 8

KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Foster City ( Owner) has awarded to Patriot Environmental Services, Inc. , as Principal, a Construction Services Agreement, dated the ___________ day of ______________, 202__ ( Agreement), titled THE EMERGENCY GENERATOR

RELACEMENT (REMOVAL OF UNDERGROUND STORAGE TANK
AT LIFT STATION 29) PROJECT located at 909 East Hillsdale Boulevard, Foster City, CA 94404 in the amount of $162,227.00, which Agreement is by this reference made a part hereof, for the work described as follows:

The removal of the underground storage tank, day tank and associated equipment.

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

3. NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($162,227.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

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

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

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

CONTRACTOR AS PRINCIPLE

Company: (Corp. Seal)

_____________________________________________
Signature

_____________________________________________
Name

_____________________________________________
Title

_____________________________________________
Street Address

_____________________________________________
City, State, Zip Code

SURETY

Company: (Corp. Seal)

_____________________________________________
Signature

_____________________________________________
Name

_____________________________________________
Title

_____________________________________________
Street Address

_____________________________________________
City, State, Zip Code

(End of Appendix E)

6.7 Attachment 2 - Construction Agreement

187

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00 5205 - 9

PART 1 - GENERAL

1.1 DEFINITIONS

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

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

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

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

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

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

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

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

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

1.2 TRANSFER OF INTEREST

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

1.3 WORKING HOURS

A. Work or activity of any kind shall be limited to the hours from 8:00AM to 4:00PM, Monday through Friday, except as otherwise stipulated in the contract documents. Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.

B. Work in excess of eight (8) hours per day, on Saturdays, on Sundays, or on City holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.

C. City holidays are:

New Year’s Day (and the following Friday, January 2, 2026) Martin Luther King's Birthday
Presidents’ Day (3rd Monday in February)
Memorial Day (last Monday in May)
Juneteeth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day and following Friday
Christmas Eve
Christmas Day
Days between Christmas Day and New Year’s Eve (26 th, 27th, 28th, 29th, 30th)

6.7 Attachment 2 - Construction Agreement

188

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 10
New Year's Eve

1.4 SUBCONTRACTORS

A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable t o the work covered thereby. Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.

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

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

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

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

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

1.5 CHANGES

A. General:

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

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

B. Increases or Decreases in Unit Price Quantities:

1. Increased or Decreased Quantities:

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

6.7 Attachment 2 - Construction Agreement

189

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 11

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

2. Eliminated Items:

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

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

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

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

C. Protest Procedure (Change Orders):

1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved.

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

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

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

1.15 of this section.

D. Extra Work:

6.7 Attachment 2 - Construction Agreement

190

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 12
Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.

E. REPORTING, INVOICING, AND PAYMENT

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

2. Contractor shall submit a record of work completed with each payment request. Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.

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

1.6 COST OF OVERTIME CONSTRUCTION INSPECTION

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

1.7 CHANGES AT THE CONTRACTOR'S REQUEST

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

1.8 AUTHORITY OF THE ENGINEER

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

B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.

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

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

6.7 Attachment 2 - Construction Agreement

191

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 13

2. In case any dispute arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents. Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.

1.9 INSPECTION BY CITY, QUALITY ASSURANCE BY CONTRACTOR, TESTING

A. All materials furnished and work done under this contract will be subject to inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.

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

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

1.10 DATA TO BE FURNISHED BY THE CONTRACTOR

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

1.11 SUPERINTENDENCE

A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.

B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.

1.12 SPECIFICATIONS AND DRAWINGS

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

A. Intent of Drawings and Specifications

6.7 Attachment 2 - Construction Agreement

192

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 14

1. Contractor shall interpret words or phrases used to describe Work (including services), materials, or equipment that have well-known technical or construction industry or trade meaning in accordance with that meaning. Drawings’ intent specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

2. As part of the Work, Contractor shall provide all labor, materials, equipment, machinery, tools, facilities, services, employee training and testing, hoisting facilities, Shop Drawings, storage, testing, security, transportation, disposal, the securing of all necessary or req uired field dimensions, the cutting or patching of existing materials, notices, permits, documents, reports, agreements and any other items required or necessary to timely and fully complete Work described and the results intended by Contract Documents and, in particular, Drawings and Specifications. Divisions and Specification Sections and the identification on any Drawings shall not control Contractor in dividing Work among Subcontractors or suppliers or delineating the Work to be performed by any specific trade.

3. 1.13 LINES, GRADES, AND MEASUREMENTS

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

1.14 RIGHT OF WAY

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

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

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

1.15 DELAYS AND EXTENSION OF TIME

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

B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar day s from the beginning of any such delay. In such event the Contractor shall be entitled to time only. Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City.

1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.

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

6.7 Attachment 2 - Construction Agreement

193

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 15
Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec. 5 5 6 3 1 0 0 0 0 2 4 6

1.16 CLIMATIC CONDITIONS

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

1.17 ROADS AND FENCES

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

1.18 INFRINGEMENT OF PATENTS

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

1.19 PROTECTION OF PERSONS AND PROPERTY

A. Contractor's Responsibility:

Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours.

Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more st ringent requirement shall be followed.

B. Public Safety:

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

6.7 Attachment 2 - Construction Agreement

194

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 16
C. Engineer's Responsibility:

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

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

1.20 CONTRACTOR'S FINANCIAL OBLIGATION

The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.

1.21 PROTESTS - CONTRACT REQUIREMENTS

A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within fifteen (15) calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor. Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.

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

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

1.22 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES

A. Risk of Loss:

Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on

6.7 Attachment 2 - Construction Agreement

195

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 17
account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

B. Materials and Facilities:

1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor's failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor.

a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor's own expense replace damaged or lost material and repair dama ged parts of the work.

b. The Contractor shall protect the City facilities from damage resulting from the Contractor's work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.

c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor's direction during construction.

1.23 CONTRACTOR USE OF PREMISES

A. Confine operations at site to areas permitted by the contract documents.

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

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

D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.

1.24 COOPERATION WITH OTHER WORK FORCES

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

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

C. Coordinate all activities in and around repair locations.

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

1.25 PRECONSTRUCTION CONFERENCE

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

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

C. Contractor and all major Subcontractors shall attend Preconstruction Conference. Agenda may include, without limitation, the following items:

6.7 Attachment 2 - Construction Agreement

196

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 18

1. Schedules

2. Contractor’s Initial Progress Schedule

3. Contractor’s Schedule of Values

4. Contractor’s Schedule of Submittals

5. Personnel and vehicle permit procedures

6. Use of premises

7. Location of the Contractor’s on-Site facilities

8. Security

9. Housekeeping

10. Submittal and RFI procedures

11. Inspection and testing procedures, on-Site and off-Site

12. Utility shutdown procedures

13. Control and reference point survey procedures

14. Injury and Illness Prevention Program

15. Jurisdictional agency requirements

C. Owner will distribute copies of minutes to attendees. Attendees shall have seven Days to submit comments or additions to minutes. Minutes will constitute final memorialization of results of Preconstruction Conference.

1.26 MATERIAL AND WORKMANSHIP

A. Omissions from the Plans and Specifications:

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

B. Compliance with Jurisdictional Agency Requirements:

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

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

1.27 SATURDAY, SUNDAY, AND HOLIDAY WORK

Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City holidays which are listed within this General section, Paragraph 1.03.

1.28 COOPERATION

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

6.7 Attachment 2 - Construction Agreement

197

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 19

1.29 AGREEMENTS WITH ADJACENT PROPERTY OWNERS

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

1.30 EMERGENCY WORK

A. During Working Hours:

In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant.

The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter.

Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.

B. Outside Working Hours:

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

1.31 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/OR STANDARDS

In case of conflict among contract documents, the document of highest precedence shall prevail. The descending order of precedence shall be:

1. Permits and Agreements with Other Agencies

2. City Codes

3. Technical Specifications

4. Contract Requirements

5. Project Drawings

6. City Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

1.32 FIRE PROTECTION

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

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

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

1.33 ORDER OF WORK

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

6.7 Attachment 2 - Construction Agreement

198

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 20
B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

1.34 DIFFERING SITE CONDITIONS

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

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

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

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

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

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

1.35 PROCEDURES FOR FILING AND RESOLVING CLAIMS

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

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

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

(b) The claimant shall furnish reasonable documentation to support the claim, pursuant to Appendix B (General Conditions), Section 2.16.

(c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

6.7 Attachment 2 - Construction Agreement

199

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 21
(d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified b y the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsi bility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor.

The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the

6.7 Attachment 2 - Construction Agreement

200

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 22
reasons for not having done so.

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

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

1.36 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS

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

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

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

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

1.37 PERMITS AND LICENSES

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

1. All permits, including Bay Area Quality Management District Authority to Contract permit and CAL/OSHA excavation permit, not specifically furnished by the City.

2. Government fees.

3. Licenses.

4. Certifications.

5. Business License from the City of Foster City.

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

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

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

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

6.7 Attachment 2 - Construction Agreement

201

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 23

1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY

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

1.39 OWNER'S RIGHT TO CORRECT DEFICIENCIES

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

1.40 SIGNAGE AND CLOSURES

Contractor shall be responsible for posting lane closure and pedestrian signs.

1.41 SCHEDULE

Contractor shall complete the project in the allotted time period. Failure to do so will result in liquidated damages due to the area being used by a private business. Contractors should not bid on the project if they do not have the ability or availability to complete the work. Calendar days are anticipated to start on TBD.

1.42 SHORING SAFETY PLAN

A. Any conflict between this Paragraph and the Technical Specifications shall be resolved in favor of the most stringent requirement.

B. At least five Days in advance of any excavation five feet or more in depth, Contractor shall submit to Owner a detailed plan showing the shoring, bracing and sloping design (including calculations) and other provisions to be made for worker protection from the hazard of caving ground during the excavation, as required by Labor Code Section 6705. A civil or structural engineer registered in California shall prepare and sign any plan that varies from the shoring system standards established by the State Construction Safety Orders.

C. During the course of Work, Contractor shall be responsible for determining where sloping, shoring, and/or bracing is necessary and the adequacy of the design, installation, and maintenance of all shoring and bracing for all excavation, including any excavation less than five feet in depth. Contractor will be solely responsible for any damage or injuries that may result from excavating or trenching. Owner’s acceptance of any drawings showing the shoring or bracing design or Work schedule shall not relieve Contractor of its responsibilities under this Paragraph.

D. Appoint a qualified supervisory employee who shall be responsible to determine the sloping or shoring system to be used depending on local soil type, water table, stratification, depth, etc.

PART 2 - COMMENCEMENT OF THE WORK

2.01 SUBMISSION OF REQUIRED SCHEDULES

6.7 Attachment 2 - Construction Agreement

202

Appendix F to Contract

SUPPLEMENTAL CONDITIONS

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 24
A. Unless otherwise indicated in Contract Documents, Contractor shall submit to Owner in draft for review and discussion at the Preconstruction Conference, and in final prior to the first payment application, the following schedules:

1. Schedule of Values;

2. Progress Schedule, and

3. Schedule of Submittals.

B. No progress payment shall be due or owing to Contractor until such schedules are submitted to and acceptable to Owner and/or Architect/Engineer as meeting the requirements of the Contract Documents. In Owner’s sole discretion, Owner may elect to instead withhold a portion of any progress payment for unacceptable compliance with contract requirements for such schedules.

C. Owner’s acceptance of Contractor’s schedules will not create any duty of care or impose on Owner any responsibility for the sequencing, scheduling or progress of Work, nor will it interfere with or relieve Contractor from Contractor’s full responsibility, therefore.

2.02 COMMENCEMENT DATE OF CONTRACT TIME
A. The Contract Time will commence to run on the 60th Day after the issuance of the Notice of Award or, if a Notice to Proceed is given, on the date indicated in the Notice to Proceed.

B. Owner may give a Notice to Proceed at any time within 60 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run.

* END OF DOCUMENT *

(End of Appendix F)

6.7 Attachment 2 - Construction Agreement

203

Appendix G to Contract
COVID-19 Amendment/Attachment

CIP 455-705 – Removal of UST
EMID / City of Foster City 00-5205 - 25
This COVID -19 Amendment/Attachment amends the Agreement between (“City”) and (“Contractor”) dated
________________________________.

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

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

Contractor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

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

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

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

CONTRACTOR: CITY:

____________________
Signature Signature

_____________________
Print Name & Title Print Name & Title

(End of Appendix G)

6.7 Attachment 2 - Construction Agreement

204

CITY OF FOSTER

REMOVAL OF UST
AT LIFT STATION 29
Contract # CIP 455-705
Leading
the Way
in Safety ,
Service,
and the
Environment
(951) 398-9873
[email protected]
patriotenvironmental.com

6.7 Attachment 3 - Patriot Bid Submittal

205

Patriot Environmental Services,
a Crystal Clean company, has
been providing the highest quality
services for the best value with the
utmost safety in mind for more than
two decades.

On behalf of Patriot Environmental Services, Inc.,
we are pleased to present our response to your
Request for Proposal # CIP 455-705 for Removal of
UST at Lift Station 29. We affirm our ability to meet
and exceed the requirements outlined in RFP.

Patriot Environmental Services (Patriot) started
providing reliable environmental, industrial, and
emergency services in 1977 and strives to be the
premier provider of comprehensive environmental
services in the western United States. We
accomplish this by strictly focusing on safe work
performance and environmental compliance, as
well as client and employee satisfaction.

This submittal represents our acceptance of the
performance obligations set out in the RFP and
the described scope of work. We warrant that
we and each of our assigned employees hold the
necessary licenses, permits, insurance, safety
program, capabilities and knowledge to accept
and legally handle all aspects of the work.

The signatory below, Shawn Ball, is authorized
to commit Patriot to the obligations contained
our response.

We thank you for this opportunity and your
consideration. Please feel free to contact us should
you have any questions or require additional
information.

Shawn Ball
Sr . Vice President
Founded on
the values of
safety, integrity,
sustainability and
results, Patriot
Environmental
Services offers more
than just another
choice in full-service
environmental
providers.

6.7 Attachment 3 - Patriot Bid Submittal

206

Patriot Environmental Services, Inc.

City of Foster | Removal of UST at Lift Station 29
3 Capability and
Past Performance

COMPANY PROFILE
Founded in 1977, Patriot Environmental Services is
a California corporation headquartered in Signal Hill,
California. We currently operate 19 facilities across
California and neighboring states, with ongoing efforts focused on national expansion.

Our team is over 500 strong. All field staff are HAZWOPER- trained professionals, committed to delivering safe,
high-quality work across every project..

1. Our services fall into three core categories:

Environmental Services – Including industrial
cleaning, remediation, ORSO (Oil Spill Response),
and field services.

2. Waste Services – Covering hazardous waste
management, wastewater treatment, oilfield sludge
and mud management, and waste transportation.

3. National Response Services – Encompassing
emergency spill response and preparedness,
decontamination, disaster response and recovery,
and consolidated project management.

Patriot Environmental Services is committed to
protecting people, property, and the environment—one
project at a time.

OUR CAPABILITIES
• “A” rated insurnce coverage with nationwide reach,
certified ORSO provider with nationwide project
management expertise
• Specialized Equipment: Ultra-high pressure hydro
blasting units (up to 40,000 PSI), Chemical cleaning
systems, Robotic tank cleaning equipment, Multi-
phase vacuum trucks, Mobile solidification units,
Emergency response vehicles, Hydro-excavation
trucks, CCTV pipeline inspection systems
• Nationwide Reach and Rapid Response: 24/7
availability with strategically located facilities across the country, facilitating rapid deployment and
comprehensive coverage for any environmental
service need

LOCATIONS & FACILITIES
Patriot Environmental Services, Inc. currently operates four treatment, storage, and disposal facilities and
fourteen regional offices and facilities strategically
located across the United States.

PERSONNEL TRAINING
All Patriot personnel are certified and trained in
accordance with OSHA and EPA requirements. Training
documentation available upon request includes:
• HAZWOPER (40/8-hour)
• CPR/First Aid
• Confined Space Entry/Rescue
• Respirator Fit Testing
• Lockout/Tagout (LOTO)
• Hazardous Waste Categorization and Biohazardous
Waste Handling

PRINCIPAL OFFICERS
Brian Recatto, President
Mark DeVita, Treasurer
Shan Ball, Secretary
David L. Rattner, Assistant Secretary
Alex M. Schmidt, Assistant Secretary

AUTHORIZED SIGNATORY
Shawn Ball, Sr. Vice President
Arizona
California
Colorado
Florida
Nevada
North Carolina
Oregon
Utah
Virginia
Washington

6.7 Attachment 3 - Patriot Bid Submittal

207

Patriot Environmental Services, Inc.

City of Foster | Removal of UST at Lift Station 29
4 PAST PERFORMANCE
Patriot Environmental Services is a fully licensed and certified hazardous waste management firm with over forty-one years of experience in handling diverse waste streams fully compliant with local, state, and federal regulations, including DTSC, CalEPA, and US EPA requirements. We are uniquely qualified to perform the full scope of services required for the Bldg 10 Hazardous Waste Oily Water Removal at Base Los Angeles Long Beach.

Patriot has been providing the highest quality hazardous and non-hazardous waste services for the best value with the utmost safety in mind for more than two decades. We maintain all required permits and licenses for hazardous waste transportation and disposal. Our team holds current certifications including CPR/First Aid, Confined Space Entry, LOTO, and Respirator Fit Testing.

Patriot performs hazardous waste management and oily water removal services every day as part of our core operations. These services are integral to our expertise, and we are fully equipped to handle them in compliance with all regulatory and environmental standards. To demonstrate our experience and capability, we have included below a sample of projects that reflect the scope, complexity, and quality of work we routinely deliver in this field.

Central Petroleum - Kwik Service UST E-85
Central Petroleum - San Qentin Two 5k Kerosene tanks
PTI Marine - Two 5k Diesel tanks
HazMat1 - 1,000 Gallon AST Diesel Fuel System Removal
Forgen LLC - 10,000 UST Gasoline, 1 - 10,000 Gallon UST Diesel Fuel System Removal Roux Inc. - 1,000 Gallon UST Diesel Fuel System Removal These are just a few examples of clients we currently serve with similar scope, scale, and regulatory requirements as those outlined in the Foster City RFP for the Removal of UST at Lift Station 29. These projects demonstrate our ability to manage complex underground tank removal operations in compliance with federal, state, and local environmental standards.

6.7 Attachment 3 - Patriot Bid Submittal

208

Patriot Environmental Services, Inc.

City of Foster | Removal of UST at Lift Station 29
5 KNOWLEDGE OF REGULATIONS
The successful management of a project such as Foster City’s requires a combination of experience, regulatory knowledge, strict compliance, and operational flexibility. At Patriot, we bring all of these elements together to ensure consistent, high-quality service delivery.

Our team maintains a thorough and up-to-date understanding of city, state, and federal hazardous waste regulations.

We don’t just hold the required licenses and permits—we actively track regulatory changes and industry best practices to ensure Sacramento County remains in full compliance.

Patriot is recognized as one of the most respected HAZMAT companies in the industry because we prioritize infrastructure, training, and compliance. These are not just checkboxes—they are integral to our success and core to our company culture. We believe every task matters. That’s why every action we take is thoughtful, measured, and aligned with the highest standards of safety and accountability.

With 19 strategically located branches, our personnel bring extensive hands-on experience in both emergency and non-emergency response, site remediation, and the handling and disposal of hazardous, non-hazardous, and biological materials. This depth of experience directly supports our ability to meet the specific needs of Sacramento County and all HAZMAT contracts we manage.

PERSONNEL TRAINING
Patriot provides an initial 40-hour HAZWOPER training class to all personnel prior to assignment to any field projects involving hazardous materials. The course is designed to meet OSHA 29 CFR 1910.120 and U.S. EPA Orders 1440.2 and 1440.3. Patriot’s training regimen includes annual HAZWOPER refreshers that includes medical surveillance, respirator fit test, first aid/CPR, blood-borne pathogens, confined space entry/operations, confined space rescue, and other specialty courses as required. Some employees receive advanced specialized training, such as project or position-specific related inclusive of OSHA hazardous waste supervisor, OSHA competent person (equipment operator, trench/excavation, fall protection, etc.), incident command, OSRO, chlorine response, street chemistry (fentanyl/methamphetamine response), HazCat® unknown identification, tank truck rollover, rail/tank car specialist, MSHA, etc.

Training is conducted and tracked internally by our EHS professionals.

All Patriot personnel are certified and trained in accordance with OSHA and EPA requirements.

6.7 Attachment 3 - Patriot Bid Submittal

209

Patriot Environmental Services, Inc.

City of Foster | Removal of UST at Lift Station 29
6 Certificate of Completion
This Certifies that
Jamey R Dobbs
has completed the training course for
HAZWOPER Refresher
and is awarded this certificate by
Patriot Environmental Services
under the instruction of Brandon Abbott
on Jan 15th, 2025 , valid until Jan 15th, 2026

6.7 Attachment 3 - Patriot Bid Submittal

210

Bid Form
City of Foster City 00 4115 - 1

DOCUMENT 00 4115

BID FORM

TO THE CITY OF FOSTER CITY

THIS BID IS SUBMITTED BY:

____________________________________________________________________________________ (Firm/Company Name)

Re:Emergency Generator Replacement (Removal of Underground Storage Tank) at 909 E Hillsdale Boulevard, CIP 455-705

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY OF FOSTER CITY in the form included in the Contract Documents, Document 00 5205 (Construction Services Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

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

3. In submitting this Bid, Bidder represents that Bidder has examined all of the Contract Documents, performed all necessary Pre-Bid investigations, attended the mandatory Pre-Bid Meeting, received the Pre-Bid Meeting minutes (if any), and received the following Addenda:

Addendum Number ADDENDUM DATE Signature of Bidder

4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices:

(Continued on next page)
Patriot Environmental Services, Inc.
11/03/251

6.7 Attachment 3 - Patriot Bid Submittal

211

Bid Form
City of Foster City 00 4115 - 2

SCHEDULE OF BID PRICES

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

ITEM

DESCRIPTION

ESTIMATED

QUANTITY

UNIT UNIT PRICE
TOTAL

1. Mobilization (5% max of
the total bid price)

1 LS
$

2. Stormwater Pollution
Prevention & Control
Plan
1 LS
$

3. Permitting 1 LS

4. Site Preparation 1 LS
$

5. Concrete Cutting and
Demolition
1 LS

6. Tank Cleaning and
Inerting
1 LS
$

7. Fuel System
Disconnection and
Removal
1 LS
$

8. UST and Day Tank
Removal and Backfill
1 LS
$

9. Surface Restoration 1 LS
$

10. Waste Handling and
Disposal
1 LS
$

11. Reporting and Closure
Documentation

1 LS
$

TOTAL

TOTAL BID
PRICE

Total Bid Price:

______________________________________________________________________ (Indicate Bid Price in Words)

5. The undersigned acknowledges that the Apparent Low Bidder will be determined as provided in Documents 00 1115 (Notice to Bidders) and Document 00 2115 (Instruction to Bidders).

6. Subcontractors for work are listed on Document 00 4330 (Subcontractors List), submitted herewith.

7. The undersigned Bidder understands that Owner reserves the right to reject this Bid. 3,000.003,000.00
162,227 .00
16,900.0016,900.00
16,816.0016,816.00
26,773.0026,773.00
37 ,069.0037 ,069.00
27 ,802.0027 ,802.00
9,267 .009,267 .00
9,053.009,053.00
4,600.004,600.00
4,689.004,689.00
6258.006258.00
One hundred-sixty-two thousand, two hundred twenty-seven dollars

6.7 Attachment 3 - Patriot Bid Submittal

212

Bid Form
City of Foster City 00 4115 - 3

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

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

10. The undersigned Bidder herewith encloses cash, a cashier’s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form s pecified in Document 00 2115 (Instructions to Bidders), in the amount of ten percent of the Total Bid Price and made payable to the CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT.

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

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

13. The names of all persons interested in the foregoing Bid as principals are:
[_________________________________]

IMPORTANT NOTICE:

If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof. If a partnership, give name of the firm and names of all individual co-partners composing the firm. If Bidder or other interested person is an individual, give first and last names in full.

NAME OF BIDDER: ___________________________________________________________________

licensed in accordance with an act for the registration of Contractors, and 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 Bidder)

NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a Shawn Ball, Sr. Vice President
Patriot Environmental Services, Inc.
8099990 06/30/26
California Shawn Ball, Sr. Vice President

6.7 Attachment 3 - Patriot Bid Submittal

213

Bid Form
City of Foster City 00 4115 - 4

partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

Business Address: __________________________________________

__________________________________________

Contractor’s Representative(s): __________________________________________ (Name/Title)

__________________________________________
(Name/Title)

Officers Authorized to Sign Contracts __________________________________________ (Name/Title)

__________________________________________
(Name/Title)

Telephone Number(s): __________________________________________ (Area Code) (Number)

__________________________________________
(Area Code) (Number)

Fax Number(s): __________________________________________ (Area Code) (Number)

__________________________________________
(Area Code) (Number)

Date of Bid: __________________________________________

END OF DOCUMENT

1250 23rd St
Signal Hill, CA 90755
Shawn Ball, Sr. Vice President
(951) 840-9686
(562) 436-2688
11/20/25
Ambrose Kong, Operations Manager

6.7 Attachment 3 - Patriot Bid Submittal

214

Bidder Registration Form
City of Foster City 00-4325 - 1
DOCUMENT 00 4325

BIDDER REGISTRATION FORM

INDEPENDENT CONTRACTOR REGISTRATION

Contractor’s 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:__________________________________)

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:
8099990
11/20/25 95-3894635
Patriot Environmental Services, Inc.
1250 23rd St
Signal Hill, CA 90755
P.O. Box 1091
Long Beach, CA 90801-1091
(951) 840-9686 (562) 436-2688
Heide Rainey
X
AIU Insurance Company
14570350 (AOS), 14570351 (WI)
Ironshore Specialty Insurance Company
IEPUW0030496101
$5M/ea occ; $5M Gen Agg
A
1271 Avenue of the Americans, 35th Floor, New York, NY
877-399-6442
175 Berkeley St, Boston, MA
617-357-9500

6.7 Attachment 3 - Patriot Bid Submittal

215

Bidder Registration Form
City of Foster City 00-4325 - 2

Automobile Liability:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

All-risk Course of Construction

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

All-Risk Course of Construction:

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

Professional Liability (if applicable):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $
National Union Fire Ins Co Pittsburgh PA
14570352
$5M
Beazley Excess and Surplus Insurance, Inc
D375C8250201
Limit $10M; SIR $100,000
A
N/A
N/A
1271 Avenue of the Americans, 35th Floor, New York, NY
212-770-7000
The Rutherford Building, 65 Memorial Rd, Ste 3, West Harford, CT 860-677-3700
860-677-3700

6.7 Attachment 3 - Patriot Bid Submittal

216

Bidder Registration Form
City of Foster City 00-4325 - 3

A.M. Best Rating:

Pollution Legal Liability Insurance (if applicable):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

Excess Liability Insurance (if applicable):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

Other Liability Insurance (if applicable):

Carrier:

Address:

Phone and Fax:

Policy Number:

Policy Limits: $

A.M. Best Rating:

EXPERIENCE OF PRIME CONTRACTOR

The nature of this Project requires prior similar experience for the firm and the Key Personnel assigned.

Summarize similar project experience below and provide the detailed project information requested:

Prime Contractor. List three projects of similar size and scope to the Work of the Contract, completed in the past five (5) years, and indicate who were the superintendent, project manager, and scheduler.

NOTE: This listing will be used to assess compliance with the stated minimum qualifications in Paragraph

1.01. Beazley Excess and Surplus Insurance, Inc
Nautilus Insurance Company
D375C8250201
FFX2034932-14
Markel
Limit $10M; SIR $100,000
Limit $10M; SIR $500,000
$5M each occ; $5M Agg
MKLV3ENV105283
Site Pollution Liability
A
A
A
A+
The Rutherford Building, 65 Memorial Rd, Ste 3, West Harford, CT 860-677-3700
7233 East Butherus Drive, Scottsdale, AZ
480-509-6627
4521 Highwoods Parkway , Glen Allen, VA
800-431-3888

6.7 Attachment 3 - Patriot Bid Submittal

217

Bidder Registration Form
City of Foster City 00-4325 - 4

Project Name Construction
Cost ($)
Year
Completed
Name of
Project
Superintendent
Name of
Project
Manager
Name of
Project
Scheduler

Key Personnel.

List Key Personnel that will be assigned to the Work of the current Project and their experience/training with the projects listed above:

Project Manager: _____________________________________________________________________

Project Superintendent: ________________________________________________________________

Project Scheduler: ____________________________________________________________________

Recent Projects.

Provide information about three (3) of its most currently completed projects. Names and references must be current and verifiable. This listing will be used to assess compliance with the stated minimum qualifications in Paragraphs 1.01. If a separate sheet is used, it must contain all of the following information:

1. Project Name: __________________________________________________________________

Location: _________________________________________________________________________

Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
1,000 Gallon
AST Diesel
Fuel System
Removal
665 3rd
Street San
Francisco,
Ca. Lumens
Kwik Serve UST E-85
10,000 UST
Gasoline, 1 -
10,000 Gallon
UST Diesel
Fuel System
Removal 20150
County Road
124, West
Sacramento,
CA
1,000 Gallon
UST Diesel
Fuel System
Removal
201 Cypress
Avenue
$16,214.75
$30,702.00
$63,225.00
2023
2022
2022
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs
Jamey Dobbs

6.7 Attachment 3 - Patriot Bid Submittal

218

Bidder Registration Form
City of Foster City 00-4325 - 5
Owner: __________________________________________________________________________

Owner Contact (name and phone): ____________________________________________________

Architect/Engineer: _________________________________________________________________

Architect/Engineer Contact (name and phone number): ____________________________________

Const. Mgr. or Project Mgr. (name and phone number): ____________________________________

Description of Project, Scope of Work Performed: _________________________________________

________________________________________________________________________________

Total Construction Cost: _____________________________________________________________

Total Change Order Amount: _________________________________________________________

Did Change Orders exceed 10% of original contract sum? ___________ If yes, please explain on separate sheet.

Original Scheduled Date of Completion: ________________________________________________

Time Extensions Granted (number of Days): _____________________________________________

Actual Date of Completion: ___________________________________________________________

Number of Stop Notices filed by Subcontractors or Suppliers: _______________________________

2. Project Name: _____________________________________________________________________

Location: _________________________________________________________________________

Owner: __________________________________________________________________________

Owner Contact (name and phone): ____________________________________________________

Architect/Engineer: _________________________________________________________________

Architect/Engineer Contact (name and phone number): ____________________________________

Const. Mgr. Or Project Mgr. (name and phone number):____________________________________

Description of Project, Scope of Work Performed: ________________________________________

________________________________________________________________________________

Total Construction Cost: ____________________________________________________________

Total Change Order Amount: ________________________________________________________

Did Change Orders exceed 10% of original contract sum? ___________ If yes, please explain on separate sheet.

Original Scheduled Date of Completion: ________________________________________________

Central Petroleum
Mike Springs/Chris Dabbit
N/A
N/A
N/A
No
No
September 2025 (on time on schedule)
None
None
September 2025
N/A
N/A
N/A
Kwik Serve UST E-85
$17 ,015.48
$20,575.80
On time, On schedule, No change orders
On time, On schedule, No change orders
San Quentin Two 5k Kerosene tanks
San Quentin Two 5k Kerosene tanks
January 2025
Central Petroleum
Mike Springs/ Chris Dabbit

6.7 Attachment 3 - Patriot Bid Submittal

219

Bidder Registration Form
City of Foster City 00-4325 - 6
Time Extensions Granted (number of Days): _____________________________________________

Actual Date of Completion: ___________________________________________________________

Number of Stop Notices filed by Subcontractors or Suppliers: _______________________________

3. Project Name: _____________________________________________________________________

Location: _________________________________________________________________________

Owner: __________________________________________________________________________

Owner Contact (name and phone): ____________________________________________________

Architect/Engineer: _________________________________________________________________

Architect/Engineer Contact (name and phone number): ____________________________________

Const. Mgr. Or Project Mgr. (name and phone number): ____________________________________

Description of Project, Scope of Work Performed: _________________________________________

________________________________________________________________________________

Total Construction Cost: _____________________________________________________________

Total Change Order Amount:_________________________________________________________

Did Change Orders exceed 10% of original contract sum? ___________ If yes, please explain on separate sheet.

Original Scheduled Date of Completion: ________________________________________________

Time Extensions Granted (number of Days): _____________________________________________

Actual Date of Completion: ___________________________________________________________

Number of Stop Notices filed by Subcontractors or Suppliers: _______________________________

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

CURRENT AND ACCURATE AND AUTHORIZES OWNER, AND ITS AGENTS AND

REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

BIDDER: ______________________________________________________________________ (COMPANY NAME)

By: ____________________________

NAME TITLE

By: ____________________________

SIGNATURE DATE

Patriot Environmental Services, Inc.

Shawn Ball Sr. Vice President
11/20/25
N/A
Jesse Brockman
January 2025
May 2025
May 2025
PTI Marine two 15k Diesel tanks San Francisco
PTI Marine two 15k Diesel tanks San Francisco
$14,714.22
N/A
None
None
None
No
PTL Marine
Jesse Ramos
Mike Hernandez
On time, On schedule, No change orders

6.7 Attachment 3 - Patriot Bid Submittal

220

Bidder Registration Form
City of Foster City 00-4325 - 7

SAFETY EXPERIENCE

The following statements as to the Bidder’s safety experience are submitted with the Bid, as part thereof, and the Bidder guarantees the truthfulness and accuracy of all information.

1. List Bidder’s interstate Experience Modification Rate for the last three years.

[202__] _____ [202__] _____ [202__] _____

2. Use Bidder’s last year's Cal/OSHA 300/301 log to fill in the following number of injuries and illnesses:

a. Number of lost workday cases _______________

b. Number of medical treatment cases _______________

c. Number of fatalities _______________

3. Employee hours worked last year _______________

4. State the name of Bidder’s safety engineer/manager:

Attach a resume or outline of this individual's safety and health qualifications and experience.

I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS CURRENT

AND ACCURATE AND I AUTHORIZE OWNER, AND ITS AGENTS AND REPRE SENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

BIDDER:

By: ________________________________________________
Signature

Its: _________________________________________________ Title

Date_________________________________________________

END OF DOCUMENT

Shawn Ball
5 1.53 4 31.05 1.09
0 3
0 896,828
Andy Puget, Director, Health and Safety
11/20/25

6.7 Attachment 3 - Patriot Bid Submittal

221

VINCENT (ANDY) PUGET

DIRECTOR HEALTH AND SAFETY

EDUCATION
California State
University-Bakersfield
BA Psychology
California State
University-Bakersfield
MS Counseling

TRAINING AND

CERTIFICATIONS
40-hr. HAZWOPER and
annual 8-hr. Refreshers
30-hr. OSHA
TWIC
e-RailSafe

HAZMAT (DOT &

NONDOT)
First Aid/CPR

MAJOR PROJECTS
Thomas Fire (SCE) - 2018
Crimson Pipeline Spill – 2016
Refugio Oil Spill – 2015
BP Deep Horizon - 2009

QUALIFICATIONS
Andy Puget is a results -oriented and dedicated health and saf ety professional with more than 11 years of safety experience. His experience and expertise includes all aspects of Confined Space and Rescue; reviewing, developing and writing policie s, programs, safe operating procedures, and best practices to minimize HSE risks and ensure health and safety of employe es; incident reporting , investigations, and root cause analysis; performed injury management/case management with designated medical providers; managed drug testing protocol s; leading safety meetings; performing JHAs, JSA audits and reviews; project planning (including HSPs, JHAs, SDPs, Project Compliance Plans, etc.), and established a robust safety culture through the constant promotion of safety as a core value and effectively decreased TRIR from a company average of 1.60 to 0.45 to 0.23 in one year.

He manages all daily aspects of the multi-regional EHS Department in reviewing, developin g, and writing policies, programs, safe operating procedures, training programs, and best practices to minimize E HS risks and ensure the health and safety of employees while ensuring all elements meet or exceed both customer and regulatory (federal, state, and local [including OSHA and EPA]) requirements and regulations. Develops, implements and manages the drug testing protocol. Represents the company in dealings with Federal, State and local agencies for enforcing safety and health law regulations.

EXPERIENCE
Patriot Environmental
Services
2021 - Present
Director Health and Safety
2016-2018
Director of HSE
2015-2016
Regional HSE Manager
Rincon Consultants, Inc.
2021
EHS Manager
Trinity Safety Company
2019 - 2020
Operations / Safety Manager
Accuworx West Env. Services
2018-2019
Director of EHS
Chevon Env. Management Co.
201-2015
HES Consultant

6.7 Attachment 3 - Patriot Bid Submittal

222

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

SUBCONTRACTORS LIST

The Subcontractors List must include the names of all subcontractors for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement accordin g to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of the total Bid amount. (Public Contract Code § 4104.)

Name of Subcontractor and
Location of Place of Business
Description of
Work
Subcontractor’s
License No.

DIR Registration
Number*

(Bidder to attach additional sheets if necessary)

* Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

END OF DOCUMENT
Sierra Asphalt
Traffic Management
Nahams Trucking
West Coast Marine
Chemist
Central Valley
Engineering and Asphalt
Asphalt/Concrete
Placement
Traffic Control/
Parking and
Pedestrian
Control
Trucking | waste
soil hauling (if
needed)
Marine Chemist N/A N/A - Professional
work (inspection
and certification
only)
Asphalt/Concrete
Placement
457414
785804
773404
N/A
1000001305
11000005229
10000049040
10000012491

6.7 Attachment 3 - Patriot Bid Submittal

223

Non-Collusion Affidavit (CS)
City of Foster City 00-4519 - 1

DOCUMENT 00 4519

NON-COLLUSION AFFIDAVIT

PUBLIC CONTRACT CODE SECTION 7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ______________________ of _________________, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________[date], at _____________[city], _______________[state].

BIDDER’S SIGNATURE:

NAME/TITLE OF SIGNATORY:

LEGAL NAME OF BIDDER:

END OF DOCUMENT
Sr. Vice President
Patriot
Environmental
Services, Inc.
11/20/25 Signal Hill California
Shawn Ball, Sr. Vice President
Patriot Environmental Services, Inc.

6.7 Attachment 3 - Patriot Bid Submittal

224

Rev. 0
February 2022
Bidder Certifications
City of Foster City 00-4545 - 1
DOCUMENT 00 4545

BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID

The undersigned Bidder certifies to Owner as set forth in sections 1 through 9 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 Bidder 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 Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. I further certify that Contractor and any subcontractors under the Cont ractor shall comply with Labor Code Section 1776, regarding wage records, and with Labor Code Section 1777.5, regarding the employment and training of apprentices. It is the Contractor’s responsibility to ensure compliance by any and all subcontractors performing work under this Contract.

4. CERTIFICATION OF SKILLED AND TRAINED WORKFORCE PROGRAM By my signature here, Pursuant to Public Contract Code section 2602 and if and to the extent otherwise required by law, as the contractor, I certify that contractors and subcontractors at every tier will comply with the Skilled and Trained Workforce Requir ements of Public Contract Code Chapter 2.9 (Sections 2600 through 2603). Contractor also understands and acknowledges that it shall provide the Owner a monthly report, in the form appended to Document 00 4645 or a substantially similar form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in Public Contract Code Chapter 2.9 (Sections 2600 through 2603). If Contractor fails to provide the monthly report, or a report that is incomplete, Owner will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Section 2600-2603 are hereby incorporated by reference and made a part of this agreement.

5. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Sections 1777.1 and 1777.7 of the California Labor Code, Contractor, and Subcontractors, and am eligible to bid and work on public works projects.

6. CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that 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.

6.7 Attachment 3 - Patriot Bid Submittal

225

Rev. 0
February 2022
Bidder Certifications
City of Foster City 00-4545 - 2

7. CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or 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.

8. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

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

Contractor’s registration number is [please complete] _____________________ . Subcontractors’ registration numbers are as indicated in Document 00 4330.

BIDDER:
(Name of Bidder)

Date: ___________________, [20 ] By:
(Signature)

Name:
(Print Name)

Its:
(Title)

END OF DOCUMENT
10000392
November 20 25
Patriot Environmental Services, Inc.

Shawn Ball
Sr. Vice President

6.7 Attachment 3 - Patriot Bid Submittal

226

See Page Two to Complete This Form Approved 7/8/03

COMPLIANCE & ENFORCEMENT DIVISION
Notification Form
Regulation 8
Rule 40

REMOVAL OF UNDERGROUND STORAGE TANKS OR TREATMENT OF CONTAMINATED SOIL

SITE OF ACTIVITY
Site Address: City & Zip: Site#:

Specific Location of Project within Address:

Owner/Operator:

Check any that apply (400 numbers refer to regulation section requiring reporting):
Tank Removal or Replacement (401) Contaminated Soil Excavation and Removal (402) Aeration of Soil < 50 ppmw organic content, but does not meet Section 118 Exemption (403) Section 114 Exempt; Date Pipeline Leak Started: Vol. Of Soil: (403) Section 115 Exempt; Date Contamination Unrelated to UST Activities Discovered: (405) If only Tank Removal is selected, attach results showing soil is not contaminated

CONTRACTOR INFORMATION
Name: Site Contact: Phone:

Address:

TANK REMOVAL (Section 401)
Scheduled Start Date: Number and Size of Tank(s):

Explain Methods of:

Piping drainage or flushing (310.1)
Liquid and sludge removal (310.2)
Vapor removal (310.3) [Check One] Water Displacement Vapor Freeing* Ventilation* * Emission controls required for vapor freeing or ventilation if tank size greater than 250 gallons.

COMPLETE INFORMATION BELOW OR ATTACH SAMPLE RESULTS SHOWING SOIL IS UNCONTAMINATED (310.4) CONTAMINATED SOIL EXCAVATION AND REMOVAL (Section 402) Scheduled Start Date: Scheduled Completion Date:

Purpose of Excavation:

Quantity of Soil: Organic Content & Type:

Methods used to quantify and analyze soil:

Method of Stockpile Control (304-306)
Water Spray Covered Vapor Suppressant (List Material Used):

Method of Site Closure (306)
Backfilled Contaminated Soil Removed
Onsite Treatment (Describe): A/C or P/O #:

Loaded Trucks Covered? (306.2) Yes No
AERATION OF SOIL < 50 PPMW ORGANIC CONTENT (Section 403) You must submit a Permit Application and Risk Screening Analysis (Forms will be sent to you)

FOR BAAQMD USE ONLY
Fax/PM Date: By: Disp to I#: Area: Date: By:

Inv Req Date: By: Fwd to Supv. Date: By:

Press to clear form

6.7 Attachment 3 - Patriot Bid Submittal

227

OTHER PUBLIC AGENCY CONTACTED (Fire District, Hazardous Materials, City or County)? Agency Name: Contact Name:

Address: Phone:

EMERGENCY REMOVAL ORDER APPLICABLE?
Agency Name: Contact Name:

Address: Phone:

H:\Pub_data\Janet\Reg 8-40\forms\notifdraft3.doc

GENERAL INFORMATION
• This notification form shall be used to notify the BAAQMD of any projects subject to the reporting requirements in Regulation 8, Rule 40, Sections 401 through 405. Notifications may be emailed to [email protected]; or mailed to the address listed at the bottom of this form. • An invoice for payment will be sent to the person listed under "Contractor Information" as the person responsible, unless the project is exempt from fee payment (see next item). • See "Frequently Asked Questions" (FAQ) for definition of projects, change procedures, permit requirements, emergency conditions, project exemptions, and fee exemptions. For any questions not answered in the FAQ, contact the Compliance Assistance Counselor at (415) 749-4999.

INSTRUCTIONS
• SITE OF ACTIVITY: Give the site street address and indicate if it has any existing BAAQMD site number, for either a plant or GDF. Identify the specific project location if the site contains more than one building.

Indicate all applicable activity types by checking appropriate boxes. For reporting requirements under Sections 401 through 403, additional information is required, as below. • CONTRACTOR INFORMATION: Identify the contractor that is responsible for performing the work at the site location listed. This contractor is also responsible for payment of the applicable notification fee, if the project is not exempt.
• SECTION 401 - TANK REMOVAL/REPLACEMENT: All soils disturbed and/or excavated as part of the tank removal shall be subject to the requirements of Sections 304 through 306, unless the soil has been determined not to be contaminated by measurement of organic content using the procedures in Sections 601 and 602. Complete requirements for Section 402 or submit sample results showing that the soil is not contaminated.
• SECTION 402 - CONTAMINATED SOIL EXCAVATION AND REMOVAL:
• Be as accurate as possible for the Scheduled Start and Completion Dates. Specific requirements apply for excavation projects triggered within either 45 or 90 days (Reg. 8-40-306.4) and Authority to Construct requirements for projects lasting longer than three months (Reg. 2-1-128.16). • If a vapor suppressant is used, attach a product data sheet or MSDS. • If Method of Site Closure used is Onsite Treatment, describe specific method, (e.g., bioremediation, vapor extraction, air sparging, thermal desorption, etc.).
• If Onsite Treatment is used, indicate whether an Authority to Construct was obtained by providing the Application No. or attach copy of BAAQMD Certification of Exemption. • SECTION 403 – AERATION OF SOIL < 50 PPMW ORGANIC CONTENT: Section 301 exempts from control the aeration of soil containing less than 50 ppmw of organic compounds, but Section 403 still requires reporting of ANY soil aeration. If such a project does not meet the exemption criteria of Section 118, then a Permit Application and Risk Screening Analysis must be submitted. • EMERGENCY REMOVAL INFORMATION (IF APPLICABLE): The rule defines an emergency tank removal or excavation of contaminated soil as "carried out pursuant to an order of a state or local government agency issued because the contaminated soil poses an imminent threat to public health and safety." If the project(s) meet this definition, then identify the agency that issued the order. Under Section 402 requirements, on line two, identify the purpose as indicated in the order. 375 Beale Street, Suite 600, San Francisco, CA 94105
www.baaqmd.gov

6.7 Attachment 3 - Patriot Bid Submittal

228

All Various Locations Plans expire one (1) year from the date of issuance. To apply for a new Plan, submit an application with the filing fee at least one month prior to the Plan expiration date. For an application package and fee information please go to the SCAQMD web page at http://www.agmd.gov/comply/formsbyrule.htmand look for Rule I infi rmation F r tion call 232 ."
South Coast
Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178
..,._...._. (909) 396-2000 • www.aqmd.gov

PLAN ISSUE DATE

COMPANYI.D.:

Mitigation Plan/Application No.

Applicant:

Attention:

Phone
August 12, 2025

138248
577193
Patriot Environmental Services
P. 0. Box I 091
Long Beach, CA 9080 l
Marc Ruffner, Director ofOSRO Services
(562) 436-2614 Email: [email protected]

Reference is made to your application ( A/N 567274) for the excavation and handling ofVOC -contaminated soil at various locations within the South Coast Air Quality Management District.

In accordance with Rule 1166 (c), this approved plan is required prior to commencing excavation ofany areas, sites, or locations which has previously been used to store or transfer volatile organic compounds (VOC) or during the excavation, handling, or storage oNOC-contaminated soils.

The rights and privileges granted through the issuance of this plan are restricted exclusively to the plan holder to whom it was issued, and are non -transferable, even with the written or expressed consent of the plan holder listed above.

AVARIOUS LOCATIONS PLAN can be used at a site to excavate and remove a maximum of2000 cubic yards of VOC contaminated soil at the site. Any treatment or additional excavation ofVOC contaminated soil at the site will require the issuance of a SITE SPECIFIC plan by the AQMD. Multiple uses ofVARIOUS LOCATIONS PLANS to excavate over 2000 cubic yards ofcontaminated soil for the same site is prohibited per Rule I 166.

This excavation and mitigation plan has been approved under the provisions of Rule 1166 of the Rules and Regulations of the AQMD and is subject to the following conditions.

THIS PLAN WILL EXPIRE ONE YEAR FROM THE ISSUE DATE AND
'l'HERE IS NO AU'l'OMA'l'IC RENEWAL PROCESS.

Page I
Plan#: 577193

VARIOUS L OCATIONS
RULE 1166 CONTAMINATED SOIL MITIGATION PLAN

6.7 Attachment 3 - Patriot Bid Submittal

229

voe
YARDS, voe
voe
voe
CONTAMINATED SOIL, IS CONSIDERED AS voe CONTAMINATED SOIL FROM THE TIME

PLAN CONDITIONS

SECTION1- GENERAL REQUIREMEN1S
l. A SIGNED COPY OF THIS PLAN SHALL BE PRESENT AT EACH EXCAVATION SITE AT ALL TIMES AND SHALL BE MADE AVAll.ABLE TO AQMD PERSONNEL UPON REQUEST.

2. THIS PLAN IS NOT VALID FOR THE EXCAVATION OF voe CONTAMINATED SOILS AT LANDFILLS OR SITES USED FOR DISPOSAL OF REFUSE OR OTHER TYPES OF WASTE.

3. THIS PLAN DOES NOT ALLOW THE TREATMENT OF voe -CONTAMINATED SOIL BY THERMAL, CHEMICAL, OR MECHANICAL PROCESSES. ANY OF THE ABOVE TREATMENT PROCESSES REQUIRES A PERMIT TO OPERATE FROM THE AQMD AND A SITE-SPECIFIC RULE 1166 PLAN.

4. THIS PLAN DOES NOT ALLOW BACK-FILLING OF TREATED voe CONTAMINATED SOIL. BACK- FILLING OF TREATED voe CONTAMINATED SOIL MAY BE ALLOWED UNDER A SITE-SPECIFIC RULE 1166 PLAN.

5. THE TOTAL QUANTITY OF VOCCONTAMINATED SOIL EXCAVATED AND HANDLED AT EACH SITE SHALL NOT EXCEED 2,000 CUBIC THIS TOTAL INCLUDES ANY

CONTAMINATED SOILS EXCAVATED FROM THIS LOCATION UNDER A VARIOUS LOCATION PLAN WITHIN THE LAST TWELVE (12) CALENDAR MONTHS. EXCAVATIONS INVOLVING QUANTITIES IN EXCESS OF 2000 CUBIC YARDS OF CONTAMINATED SOIL REQUIRES THE APPLICATION SUBMITTAL FOR A SITE-SPECIFIC RULE 1166 EXCAVATION PLAN.

6. THE AQMD SHALL BE IMMEDIATELY NOTIFIED OF ANY COMPLAINTS RECEIVED AS A RESULT OF ACTMTIES CONDUCTED UNDER THIS PLAN. SUCH NOTIFICATION SHALL INCLUDE THE NATURE

OF THE COMPLAINT, NUMBER OF COMPLAINANTS AND THE ACTION TAKEN BY THE PLAN HOLDER TO MITIGATE THE SOURCE OF THE COMPLAINT.

7. DURING EACH STEP OF THE PROCESS UP TO AND INCLUDING THE REMOVAL AND DISPOSAL

PROCESS, ALL PRECAUTIONS AND MEASURES SHALL BE TAKEN TO MINIMIZE THE RELEASE OF voe, ODOR AND DUST. THIS INCLUDES, BUT IS NOT LIMITED TO:

A) THE USE OF ADDITIONAL PLASTIC SHEETING OR SUPPRESSANTS ON EXPOSED SOIL

SURFACES AND WORK AREAS,

B) MAINTAINING PAVED PUBLIC STREETS FREE OF SOIL DEPOSITS, AND C) OPERATING SUCH THT SOIL SHALL NOT BE SPREAD ON-SITE OR OFF-SITE; AND NOT

PERFORMING ANY UNNECESSARY MOVEMENT OR AGITATION OF SOIL, INCLUDING THE

RESHAPING OR RELOCATION OF STOCKPILES, THAT MAY CAUSE THE UNCONTROLLED

EVAPORATION OF INTO THE ATMOSPHERE

8. F
v
O
o
R
e
TH E PURPOSES OF RULE 1166 AND THIS PLAN, SOIL MEASURED PURSUANT TO RULE 1166 AS

OF MEASUREMENT ONWARD, UNTIL THE SOIL IS TREATED PURSUANT TO AN APPROVED AQMD TREATMENT PROCESS.

Page 2 ends

Foster City City CouncilJanuary 20, 2026

Foster City City Council
January 20, 2026