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/89615192058 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://fostercity org.zoom.us/j/89615192058
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 896 1519 2058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, March 06, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. Presentation by Chief Executive Officer Laura Bent on Samaritan House
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 Special Meeting Minutes of February 15, 2023
6.2. City/EMID Regular Meeting Minutes of February 21, 2023
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a Oneyear Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094 091020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455626)
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
7.2. Recreation Center Rebuild Project (CIP 301678) – Presentation by Project Designer Group 4 Architecture, Research + Planning, Inc. and Discussion on Project Goals, Conceptual Site Plans, and Architectural and Site Design Values
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirtyone (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million for the Levee Protection Planning and Improvements Project (CIP 327657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million From City CIP Fund 301
a) Staff Report
b) Action – Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on February 14, 2023.
a) Information Item Only
b) No Action Required
10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity org.zoom.us/j/89615192058 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://fostercity org.zoom.us/j/89615192058
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 896 1519 2058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, March 06, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. Presentation by Chief Executive Officer Laura Bent on Samaritan House
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 Special Meeting Minutes of February 15, 2023
6.2. City/EMID Regular Meeting Minutes of February 21, 2023
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a Oneyear Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094 091020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455626)
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
7.2. Recreation Center Rebuild Project (CIP 301678) – Presentation by Project Designer Group 4 Architecture, Research + Planning, Inc. and Discussion on Project Goals, Conceptual Site Plans, and Architectural and Site Design Values
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirtyone (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million for the Levee Protection Planning and Improvements Project (CIP 327657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million From City CIP Fund 301
a) Staff Report
b) Action – Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on February 14, 2023.
a) Information Item Only
b) No Action Required
10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
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/89615192058 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://fostercity org.zoom.us/j/89615192058
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 896 1519 2058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, March 06, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. Presentation by Chief Executive Officer Laura Bent on Samaritan House
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 Special Meeting Minutes of February 15, 2023
6.2. City/EMID Regular Meeting Minutes of February 21, 2023
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a Oneyear Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094 091020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455626)
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
7.2. Recreation Center Rebuild Project (CIP 301678) – Presentation by Project Designer Group 4 Architecture, Research + Planning, Inc. and Discussion on Project Goals, Conceptual Site Plans, and Architectural and Site Design Values
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirtyone (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million for the Levee Protection Planning and Improvements Project (CIP 327657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million From City CIP Fund 301
a) Staff Report
b) Action – Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on February 14, 2023.
a) Information Item Only
b) No Action Required
10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
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/89615192058 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://fostercity org.zoom.us/j/89615192058
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 896 1519 2058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, March 06, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. Presentation by Chief Executive Officer Laura Bent on Samaritan House
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 Special Meeting Minutes of February 15, 2023
6.2. City/EMID Regular Meeting Minutes of February 21, 2023
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a Oneyear Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094 091020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455626)
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
7.2. Recreation Center Rebuild Project (CIP 301678) – Presentation by Project Designer Group 4 Architecture, Research + Planning, Inc. and Discussion on Project Goals, Conceptual Site Plans, and Architectural and Site Design Values
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirtyone (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million for the Levee Protection Planning and Improvements Project (CIP 327657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million From City CIP Fund 301
a) Staff Report
b) Action – Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on February 14, 2023.
a) Information Item Only
b) No Action Required
10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
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/89615192058 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://fostercity org.zoom.us/j/89615192058
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 896 1519 2058
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, March 06, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. Presentation by Chief Executive Officer Laura Bent on Samaritan House
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 Special Meeting Minutes of February 15, 2023
6.2. City/EMID Regular Meeting Minutes of February 21, 2023
6.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a Oneyear Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094 091020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455626)
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
7.2. Recreation Center Rebuild Project (CIP 301678) – Presentation by Project Designer Group 4 Architecture, Research + Planning, Inc. and Discussion on Project Goals, Conceptual Site Plans, and Architectural and Site Design Values
a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirtyone (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million for the Levee Protection Planning and Improvements Project (CIP 327657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million From City CIP Fund 301
a) Staff Report
b) Action – Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on February 14, 2023.
a) Information Item Only
b) No Action Required
10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF FEBRUARY 15, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of February 15, 2023 was called to order at 7:30 p.m. by Mayor/President Froomin.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N- 08-21, the meeting was held as a teleconference meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT: Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.
ABSENT: None.
STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Francine Magno, Senior Engineer; Rob Lasky, IT Manager; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
CLOSED SESSION
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin recessed the meeting into Closed Session for the following:
1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): (One potential case)
2. Report Out from Closed Session.
Meeting recessed into Closed Session at 7:31 p.m. and reconvened at 9:40 p.m.
City Attorney/District Legal Counsel Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:40 p.m.
6.1 Minutes
6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF FEBRUARY 21, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of February 21, 2023 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Froomin.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.
ABSENT: None.
STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Derek Schweigart, Parks and Recreation Director; Julie Paping, Administrative Services Director; Ray Towne, Interim Public Works Director; Francine Magno, Senior Engineer; Rob Lasky, IT Manager; Yelena Cappello, Deputy City Clerk; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
PUBLIC
The following people addressed the City Council via email regarding geese population management:
1. Dennis Milosky;
2. Judi Martelli;
3. Lisa Azevedo;
4. Matt Gowdyt;
5. Jan Locker;
6. Connie Vial;
7. Barbara Merkel;
8. Debbie Corazzelli; and
9. Mila Jose.
6.2 Minutes
7 Drew addressed the City Council in person regarding notifications for committee meetings.
CONSENT CALENDAR
Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of City/EMID Special Meeting of January 30, 2023;
2. Minutes of City/EMID Regular Meeting of February 6, 2023;
3. City Ordinance No. 662, “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.135-acre Parcel Known as Century Plaza Located at 1065 East Hillsdale Boulevard, Northern Corner of Foster City Boulevard and East Hillsdale Boulevard, in the C-2/pd (General Business/Planned Development Combining) District With an Amended General Development Plan to Allow Research and Development (R&D) Use – APN 094-512-080 - RZ2021-0006 (First Reading February 6, 2023);”
4. City Resolution No. 2023-17, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute the Amended Grant Letter of Agreement with the Gilead Foundation;”
5. EMID Resolution No. 3707, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the City Manager to Execute the Amended Grant Letter of Agreement with the Gilead Foundation;”
6. City Resolution No. 2023-18, “A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel COVID-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;”
7. EMID Resolution No. 3708, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;”
8. Approval of Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025); and
9. City Resolution No. 2023-19, “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 FY21/22 (CIP 301-703) and the Park Pathway Restoration Project FY21/22 (CIP 301-702) and Finding That the
6.2 Minutes
8 Projects Are Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA).”
NEW BUSINESS
APPOINTMENT OF ONE CITIZEN TO A NEW FULL TERM FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 ON THE AUDIT COMMITTEE. MINUTE ORDER NO. 1900.
Communications Director/City Clerk Schaus presented the staff report.
The following applicants seeking appointment to the Audit Committee were interviewed by the City Council/EMID Board of Directors:
1. Vijay Dodd; and
2. Sairam Vengala.
By Consensus of the City Council, Minute Order No. 1900 was adopted, 4-1-0, appointing Vijay Dodd a new full term from January 1, 2023 through December 31, 2025 on the Audit Committee. Councilmember/Director Jimenez voted for an alternate candidate, Sairam Vengala.
REPORTS
LEVEE IMPROVEMENTS PROJECT (CIP 327-657) – MONTHLY GENERAL UPDATE MINUTE ORDER NO. 1901.
Senior Civil Engineer Magno presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1901, to receive and accept the Levee Improvements Project (CIP 327-657) - Monthly General Update.
RECREATION CENTER REBUILD PROJECT (CIP 301-678) – GENERAL UPDATE.
MINUTE ORDER NO. 1902.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Vice Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1902, to receive and accept the Recreation Center Rebuild Project (CIP 301-678) - General Update.
6.2 Minutes
9 WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR QUARTER 4 – OCTOBER THROUGH DECEMBER 2022. MINUTE ORDER NO. 1903.
Interim Public Works Director Towne and Steve Tarantino, Senior Engineer, EKI Environment and Water, presented the staff report.
Discussion ensued.
Motion by Councilmember Jimenez seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1903, to receive and accept Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program – Update for Quarter 4.
RESOLUTIONS FOR ADOPTION
CONTRACT AMENDMENT NO. TWO (2) IN THE NOT TO EXCEED AMOUNT OF $2,394,710.81 WITH TANNER PACIFIC, INC., FOR THE EXTENSION OF
CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). CITY RESOLUTION NO. 2023-20.
Assistant City Manager Subhashini presented the staff report.
Discussion ensued.
Motion by Councilmember Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-19, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) in the Not to Exceed Amount of $2,394,710.81 with Tanner Pacific, Inc., for the Extension of Construction Management and Support Services for the Levee Protection Planning and Improvements Project (CIP 327-657).” POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA. CITY RESOLUTION NO. 2023-21. EMID RESOLUTION NO. 3709.
Administrative Services Director Paping presented the staff report.
The following people addressed the City Council via teleconference:
1. Kathy Hutchison; and
2. Kandy O’Mara.
Discussion ensued.
Motion by Councilmember/Director Jimenez, seconded by Mayor/President Froomin, and carried, 4-1-0, Councilmember/Director Kiesel voted “no,” to adopt City Resolution No.
6.2 Minutes
10 2023-21, “A Resolution of the City Council of the City of Foster City Adopting a Policy for Requesting to Add Items to a Future Agenda;” and EMID Resolution No. 3709 “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a Policy for Requesting to Add Items to a Future Agenda.
UPGRADING THE POSITION OF MANAGEMENT COORDINATOR TO THE POSITION OF MANAGEMENT ANALYST I IN THE CITY MANAGER DEPARTMENT. CITY RESOLUTION NO. 2023-22. EMID RESOLUTION NO. 3710.
City/District Manager Chatwin presented the staff report.
Discussion ensued.
Motion by Councilmember/Director Kiesel, seconded by Vice Mayor/Vice President Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-22, “A Resolution of the City Council of the City of Foster City Upgrading the Position of Management Coordinator to the Position of Management Analyst I in the City Manager Department and Appropriating $10,620.75 for Employee Services Costs in the City Manager Department General Fund Budget;” and EMID Resolution No. 3710, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Upgrading the Position of Management Coordinator to the Position of Management Analyst I In the City Manager Department and Appropriating $10,620.75 for Employee Services Costs in the City Manager Department General Fund Budget.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin welcomed Julie Paping to her new role as Administrative Services Director.
Councilmember/Director Kiesel stated that he attended a Parks and Recreation Committee meeting on February 7. On February 4 and 5, he attended the Foster City Sister City Association events to welcome a delegation from Inagi City, Japan. On February 14, he attended the Foster City Village 10th Anniversary celebration. On February 16, he attended the Association of Bay Area Governments (ABAG) meeting.
Councilmember/Director Jimenez stated that she toured the Shoreway Environmental Center in San Carlos on February 7 and attended an onboarding meeting for City/County Association of Governments (C/CAG). On February 9, she attended the C/CAG board
6.2 Minutes
11 meeting, and also and met with San Mateo-Foster City School District Superintendent Diego Ochoa, Board President Shara Watkins, and Board Member Allison Proctor and received updates about the Bowditch Middle School upgrades. On February 14, she also attended the Foster City Village 10th Anniversary celebration. On February 16, she attended the Commute.org Board meeting and onboarding session. She congratulated Julie Paping on her new role.
Councilmember/Director Hindi congratulated Julie Paping on her new role as Administrative Services Director. On February 8, he attended the Citizen Sustainability Advisory Committee meeting, and he invited the public to attend the Committee’s Community Workshop on Tuesday, March 21.
Vice Mayor/Vice President Sullivan wished everyone a happy belated Valentine’s Day.
On February 14, he attended the 10th Anniversary celebration of the Foster City Village.
On February 15, he attended a City Council closed session meeting and on February 16, he attended the Planning Commission meeting. He stated that he is aware of increased PG&E rates and would like to have a town hall or community meeting with neighboring cities and PG&E regarding the increases.
Mayor/President Froomin thanked Ray Towne for coming back as Interim Public Works Director. He also congratulated Julie Paping on her new position. He stated that he was gifted a scroll from the Mayor Takahashi of Inagi City, Japan during the Sister City events welcoming the delegation from Inagi City, and the gift will be on display at City Hall. He also attended the Foster City Village 10th Anniversary celebration. He thanked his colleagues for the discussion on the Policy for Requesting to Add Items to a Future Agenda.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 8:53 p.m.
6.2 Minutes
12 DATE: March 6, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: APPROVING A PURCHASE MAINTENANCE RENEWAL FOR
POLICE DISPATCH CUSTOMER PREMISE EQUIPMENT AND
AUTHORIZING THE APPROPRIATION OF $17,013.39 FROM
THE GENERAL FUND BALANCE TO ACCOUNT NO. 001-0630-
421-4246 FOR FY 2022-2023
RECOMMENDATION
It is recommended that City Council approve the attached resolution authorizing the Foster City Police Department (FCPD) to purchase a one-year maintenance renewal for the agency’s Customer Premise Equipment (CPE) and authorizing the appropriation of $17,013.39 from the general fund for the purchase of a one-year maintenance renewal for the agency’s dispatch CPE.
EXECUTIVE SUMMARY
The existing CPE was purchased and installed in 2014 and included a five-year maintenance agreement with Intrado. Since the expiration of the five-year maintenance agreement, the FCPD has utilized one-year maintenance agreements, and this is year nine. Utilizing one-year maintenance agreements is the preferred method to obtain services because of the imminent implementation of the cloud based, NextGen 9-1-1 (NG9-1-1) system. NG9-1-1 is developed and will be deployed by the California Office of Emergency Services (Cal OES) 9-1-1 branch. However, delays have occurred in the deployment of NG9-1-1, necessitating the continued used of the current CPE. The renewal of the Intrado maintenance agreement allows the support of our CPE until the NG9-1-1 system is ready for deployment. The one-year Intrado maintenance
6.3 6.3 Staff Report
13 agreement cost $17,013.39. The total cost of $17,013.39 will be paid by the City. The full amount of $17,013.39 will be reimbursed to the Cal OES 9-1-1 Branch; a Commitment to Fund document has been provided to confirm reimbursement (Attachment 3).
BACKGROUND
The existing CPE was purchased and installed in 2014. According to the Cal OES 9-1-1 Branch, the recommended life of a CPE system is 5 years, which is when replacement CPE systems are recommended. When purchased by this agency, the existing CPE included 5 years of maintenance from Intrado (vendor). Maintenance for years 6, 7, and 8 have been purchased annually.
Development of the NG9-1-1 system has been ongoing for several years. Because of the significant improvements and capabilities expected of the NG9-1-1 system when compared to the existing 9-1-1 system, the FCPD made the decision to retain the existing 9-1-1 system and CPE until the NG9-1-1 system is available. With the regular maintenance and service that Intrado has provided through years 6, 7, and 8, the existing CPE has continued to serve the agency and community well. This is expected to continue through year 9.
Until the NG9-1-1 is available, the existing CPE must be maintained. Intrado has maintained the existing CPE for 8 years; there have been no issues with Intrado’s service that would cause concern with renewing the agreement with Intrado for an additional year of maintenance and service.
Currently, NG9-1-1 deployment is approximately one year behind schedule. The State has not provided an exact deployment time, but the FCPD plans to continue with the Intrado CPE maintenance service until final implementation.
ANALYSIS
CPE equipment is used to receive, and process calls made into the 9-1-1 system.
Some of the uses of the existing CPE include:
•Receive wireless and landline 9-1-1 calls into the dispatch center. •A text-to-9-1-1 system is in place to receive 9-1-1 text messages into the dispatch center.
•Identify the location of a person calling 9-1-1.
•Identify the location of calls into the 9-1-1 system that were dropped, abandoned by the caller, or misrouted.
•Provide the agency with reporting and analysis information to examine and understand historical activity involving the 9-1-1 system.
6.3 6.3 Staff Report
14 The Cal OES 9-1-1 Branch is working on a cloud-based 9-1-1 system that will take the place of the existing 9-1-1 system. The new system is referred to as NextGen 9-1-1 (NG9-1-1). Cal OES is working closely with vendors, such as Intrado, to make this system available as soon as possible; however, unsatisfactory performance when vendors test their CPE using the NG9-1-1 system have caused substantial delays in the release of NG9-1-1.
Until the NG9-1-1 system is available, the agency’s existing CPE will need to be maintained and serviced regularly, and expeditiously when problems arise. The agency’s CPE is essential and is heavily relied upon to provide necessary services to the community.
Included in the maintenance renewal from Intrado is software protection, remote technical support, on-site support, and hardware protection service. The maintenance period began on 9/04/2022. The City had to wait on Cal OES 9-1-1 Branch to provide reimbursement commitment and Intrado had to coordinate renewal details with Cal OES 9-1-1 branch in order for the City to move forward with the execution of the year 9 maintenance renewal. That said, Intrado continues to service the 9-1-1 system and has confirmed that the existing maintenance plan would continue uninterrupted as the City works towards renewal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Purchase of the one-year maintenance renewal from Intrado 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
If approved, $17,013.39 will be appropriated to account No. 001-0630-421-4246 in the FCPD budget from the City’s General Fund. This purchase will be initially funded by the City. The full purchase price of $17,013.39 will be reimbursed to the City by the Cal OES 9-1-1 Branch. A Commitment to Fund document (refer to attachment 3) was provided by the Cal OES 9-1-1 Branch. Reimbursement is typically provided within 30 days of the purchase.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:
Attachment 1 – Resolution
6.3 6.3 Staff Report
15 Attachment 2 – Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
Attachment 3 – Form TD-288: Commitment to Fund document from the Cal OES 9-1-1 Branch
6.3 6.3 Staff Report
16 2
8 5
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE A ONE-YEAR
MAINTENANCE RENEWAL FOR POLICE DISPATCH CUSTOMER PREMISE EQUIPMENT FROM INTRADO AND AUTHORIZING APPROPRIATION OF $17,013.39 FROM THE CITY’S GENERAL FUND FOR THE PURCHASE
CITY OF FOSTER CITY
WHEREAS, on November 18, 2013, the City Council adopted Resolution No. 2013-86 authorizing the Foster City Police Department to accept a 9-1-1 equipment purchase funding allotment of $154,000 from the State of California, and to enter into a contract for the purchase, installation, and maintenance of replacement 9-1-1 telephone communications equipment from Intrado in the amount not to exceed $154,000; and WHEREAS, the Department is interested in purchasing a maintenance renewal plan for the existing customer premise equipment (CPE); and WHEREAS, the approved funds must still be appropriated by the Police Department to make payment for the CPE; and
WHEREAS, the Department dispatch center relies on the CPE to receive wireless calls, landline calls, text messages into the police dispatch 9-1-1 system, and provides reporting and analysis information; and
WHEREAS, CPE is essential equipment and is heavily relied upon to provide necessary services to the community; and
WHEREAS, Intrado will provide the purchased maintenance and service of their existing CPE as they have done for the previous eight years; and WHEREAS, the maintenance renewal period will be September 4, 2022 – September 3, 2023 and will include software protection, remote technical support, on-site support, and hardware protection service; and
WHEREAS, $17,013.39 will be reimbursed to the City by the California Office of Emergency Services 9-1-1 Branch.
NOW, THEREFORE, BE IT RESOLVED that the City Council agrees with Staff and authorizes the purchase of a one-year maintenance renewal plan to maintain and service the existing police CPE and authorizes the appropriation of $17,013.39 to the police department budget from the City general fund for the purchase of the one-year maintenance renewal for police dispatch CPE.
6.3 Attachment 1 - Resolution
17 2
8 5
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JON FROOMIN, MAYOR
ATTEST
PRISCILLA SCHAUS, CITY CLERK
6.3 Attachment 1 - Resolution
18 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
19 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
20 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
21 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
22 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
23 6.3
Attachment 2 - Quote from Intrado for a maintenance renewal period of 9.04.2022-
9.03.2023
24 6.3
Attachment 3 - Form TD-288 Commitment to Fund document from the Cal OES 9-1-1 Branch
25 DATE: March 6, 2023
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM: Marlene Subhashini, Assistant City Manager
Ramon Towne, Interim District Engineer/Director of Public Works DEPARTMENT: Public Works
SUBJECT: SANITARY SEWER LIFT STATION IMPROVEMENTS PHASE 5 (CIP 455-626) - NOTICE OF COMPLETION AND APPROVING
AND AUTHORIZING THE PRESIDENT TO EXECUTE A BILL OF
SALE CONVEYING TO 888 FOSTER CITY INVESTMENT, LP
(“FRANCISCAN APARTMENTS”) CERTAIN PRIVATE SEWER
LINE IMPROVEMENTS, LOCATED ON THE PROPERTY
IDENTIFIED AS 888 FOSTER CITY BOULEVARD (APN 094-091-
020)
RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District adopt the attached resolution authorizing:
1. Accepting the work performed by Anderson Pacific Engineering Construction, Inc. (APEC) for the construction of Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455-626) and directing the District Secretary to file the Notice of Completion (NOC); and
2. Authorizing the President to execute a bill of sale conveying to 888 Foster City Investment, LP certain private sewer line improvements located at 888 Foster City Boulevard.
6.4 6.4 Staff Report
26 EXECUTIVE SUMMARY
CIP 455-626 is the fifth in a series of projects to rehabilitate existing sanitary sewer lift stations and is intended to improve the reliability of the wastewater collection system.
This project rehabilitated eight (8) lift stations (LS) and relocated one (1) lift station from private property. The work has been completed in conformance with the contract documents. It is recommended that the EMID Board of Directors accept the work and direct the District Secretary to file the NOC and closeout the project.
As part of the project completion, some private sewer line improvements were made to allow EMID to relocate an existing lift station from the private property to the public street.
By conveying these improvements to the Franciscan Apartments, they will assume ownership to operate and maintain these improvements. Tonight’s action shall convey, via Bill of Sale, the newly constructed manhole and sewer line to the Franciscan Apartments
BACKGROUND
At the EMID Board meeting on July 17, 2017, the Board adopted EMID Resolution No. 3392, approving the execution of a contract agreement with APEC in the amount of $6,750,802 for CIP 455-626 and establishing a project contingency of $600,000 to mitigate unforeseen conditions.
The design criteria, plans, and specifications developed for the previous phases were used as the basis for this project. A total of nine (9) lift stations are included in the project with eight (8) lift stations being rehabilitated and one lift station (LS #7) being relocated to Comet Drive from an easement within the Franciscan Apartments. Major work items included in the project are installing bypass connections; installing two (2) new standby emergency generators; repairing corroded wet well concrete; installing new protective coatings; replacing electrical components and control cabinets; and replacing valves, pumps, piping, and fittings.
Day to day construction management and inspection services were performed by in- house staff. The rehabilitation of eight (8) lift stations was substantially completed on April 17, 2020, with the final completion of work at LS #7 in August 2022. The contractor has completed all punch list items of work.
ANALYSIS
There were a total of eight (8) Contract Change Orders (CCOs) that were approved totaling $553,442.97. The majority of the costs were related to unforeseen conditions discovered during construction and summarized below:
6.4 6.4 Staff Report
27 •Extensive repairs to restore/rebuild the wet well at LS 23, including sandblasting, removal of existing corroded concrete and structural steel, installation of new structural steel, concrete mortar repair, temporary traffic control, and sewer bypassing equipment. ($162,287.53)
•Rerouting the electrical line to power the relocated LS 7, by using the existing transformer on Bounty. Includes additional trench excavation, installation of the electrical conduit, conductors, and backfill. ($122,283.17) •The relocation of LS 7 from a private driveway of the Franciscan Apartments to Comet Drive, required significant piping re-alignment on Comet and Bounty.
Unmarked utilities in the driveway where the existing LS 7 was located, required additional potholing, relocation of a manhole and additional sitework. Due to poor soil conditions, settlement of the new alignment of sewer main in Bounty and Comet occurred. Light weight back fill material, additional trench excavation, and shoring was required to re-install the pipe. Two water main failures resulted in the reconstruction of pavement, base, and subgrade on Bounty Drive. ($198,231.19) •Other miscellaneous additional work items, generally to improve and standardize components and for unforeseen utility conflicts, was performed at various lift stations. This included new generator receptacles at LS #2, 5, 8, 18, 21, and 24, a custom wet well suction elbow at LS #1, dry deck float switches at LS #1, 23, and 24, and unforeseen utility conflicts while trenching for LS #2, 5, and 8. ($70,641.08).
EMID Resolution No. 3224 adopted on November 18, 2013, authorized the District President to execute the original agreement with HydroScience. Contract Amendment No. One (CA #1) was executed on April 10, 2014, in the amount of $40,000, up to the original project contingency limit. CA #1 provided for additional engineering design services to construct a new LS #7. EMID Resolution No. 3428, adopted on July 16, 2018 authorized execution of Contract Amendment No. Two (CA #2) in the amount of $90,227.
CA #2 provided for additional engineering design for LS #1, LS #7 value engineering due to a PG&E gas line conflict, and other incidental work. EMID Resolution No. 3551, adopted on January 4, 2021, authorized the execution of Contract Amendment No. Three (CA #3) in the amount of $69,758. CA #3 provided for additional electrical engineering design for LS #7, additional design for wet well restoration of LS #23, additional submittal review, and credits for unexpended work from earlier tasks.
As part of the relocation of LS #7 from the private property to the public street, a new manhole and sewer line was installed in the driveway to connect the existing system to the new system. The District desires to convey, via Bill of Sale, the newly constructed manhole and sewer line to the Franciscan Apartments. The City Attorney has reviewed the attached Bill of Sale. Through the Bill of Sale, the Franciscan Apartments will assume ownership and responsibility to operate, maintain, repair, and replace, as necessary, the manhole and sewer line.
6.4 6.4 Staff Report
28 California Environmental Quality Act
Not Applicable
FISCAL IMPACT
The following is the project expenditure summary:
Project Budget
CIP 455-626 $8,075,000.00
Total Approved Budget $8,075,000.00
Design Contract Expenses
Design Contract Amount with HydroScience $ 350,665.00 CA #1 $ 40,000.00
CA #2 $ 90,227.00
CA #3 $ 69,758.00
Total Design Contract Expense $ 550,650.00
Construction Contract Expenses
Construction Contract Amount with APEC $6,750,802.00
CCO #1 $ 77,981.69
CCO #2 $ 46,178.08
CCO #3 $ 105,984.75
CCO #4 $ 90,020.86
CCO #5 $ 29,191.41
CCO #6 $ 5,854.99
CCO #7 – Time only $ 0.00
CCO #8 $ 198,231.19
Total Construction Contract Expense $7,304,244.97
Other Misc. Project Related Expenses
Electrical (EDDCO), Surveying (Wilsey Ham),
Geotech (Cal Engineering & Geology), PG&E, printing,
Cal West, advertising, USA markings, etc. $ 170,839.04
Total Project Expenses $8,025,734.01
Project Budget Balance $ 49,265.99
The work has been completed and the NOC is ready to be filed. Action by EMID Board tonight will establish the official date of completion of the work performed by APEC
6.4 6.4 Staff Report
29 formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made, and encumbered funds for construction released back to the wastewater enterprise fund.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 - EMID Resolution
Attachment 2 - Notice of Completion
Attachment 3 - Bill of Sale
6.4 6.4 Staff Report
30 RESOLUTION NO. __________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT ACCEPTING THE WORK BY ANDERSON PACIFIC ENGINEERING CONSTRUCTION, INC. FOR SANITARY SEWER LIFT STATION IMPROVEMENTS PHASE 5 (CIP 455-626), DIRECTING THE DISTRICT SECRETARY
TO FILE THE NOTICE OF COMPLETION, AND APPROVING AND AUTHORIZING THE PRESIDENT TO EXECUTE A BILL OF SALE CONVEYING TO 888 FOSTER
CITY INVESTMENT, LP CERTAIN PRIVATE SEWER LINE IMPROVEMENTS, LOCATED ON THE PROPERTY IDENTIFIED AS 888 FOSTER CITY BOULEVARD (APN 094-091-020) FOR THE SANITARY SEWER LIFT STATION IMPROVEMENTS PROJECT – PHASE 5 (CIP 455-626)
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District Engineer has filed with the District Secretary the Notice of Completion for the work known as the Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455-626) located in the City of Foster City, situated in San Mateo County, California performed pursuant to the contract documents and agreement between the Estero Municipal Improvement District and Anderson Pacific Engineering Construction, Inc. dated June 17, 2017 (the “Work”); and
WHEREAS, the Public Works Director/District Engineer and Anderson Pacific Engineering Construction, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and WHEREAS, Anderson Pacific Engineering Construction, Inc. have executed Document 00 6536 – Guaranty, as required by the agreement; and WHEREAS, it appears to the satisfaction of the District Board that said Work has been completed in an acceptable manner; and
WHEREAS, the Work necessitated (1) abandoning in place an existing public lift station and sanitary sewer pipe adjacent to certain real property identified as 888 Foster City Boulevard (APN 094-091-020) owned by 888 Foster City Investment LP (“Subject Property”) and (2) construction of a manhole and new private sanitary sewer line on the Subject Property in order to continue to provide sanitary sewer services to the Subject Property following said abandonment (“Private Improvements”); and WHEREAS, a Bill of Sale has been negotiated between the Subject Property owner and the District, to formalize arrangements for the transfer of property interests and ongoing maintenance and repair obligations with respect to the Private Improvements.
6.4 Attachment 1 - EMID Resolution
31 NOW, THEREFORE, BE IT RESOLVED that the District Board of the Estero Municipal Improvement District hereby authorizes:
1. The acceptance of the Work subject to reservation of all District’s rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to District; and
2. The District Secretary to notarize and file for record with the County Recorder of the County of San Mateo, the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and District Engineer; and
3. The District Secretary to notify Anderson Pacific Engineering Construction, Inc. that the Faithful Performance Bond No. 070024670 from The Guarantee Company of Liberty Mutual Insurance Company may be released one year following the recordation of the Notice of Completion; and
4. The District Secretary to release the Labor and Materials Bond No. 070024670 from The Guarantee Company of Liberty Mutual Insurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received; and
5. The approval of the Bill of Sale on behalf of the District substantially in the form on file with the District Secretary subject to minor technical conforming changes as may be approved by the District Attorney; and
6. The District President to execute said Bill of Sale to take any further actions and execute such documents as are necessary to carry out the transactions set forth in the Bill of Sale.
6.4 Attachment 1 - EMID Resolution
32 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JON FROOMIN, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
6.4 Attachment 1 - EMID Resolution
33 C:\es_temp\8832e29cca603edf\s_21047092861.doc
NOTICE OF COMPLETION
SANITARY SEWER LIFT STATION IMPROVEMENTS PHASE 5 (CIP 455-626)
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
NOTICE IS HEREBY GIVEN that Anderson Pacific Engineering Construction, Inc. entered into a contract dated the 17th day of June 2017 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California. Said construction is known as the Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455-626) and consists of installing bypass connections; installing two new standby emergency generators; repairing corroded wet well concrete; installing new protective coatings; replacing electrical components and control cabinets; and replacing valves, pumps, piping, and fittings.
That said work is located in the City of Foster City, situated in San Mateo County, California, and was completed on the 5th day of August 2022.
That acceptance of said work was ordered by resolution of the Estero Municipal Improvement District adopted on the 6th day of March 2023.
That the name of the surety of the contractor's bond for labor and materials on said project is Liberty Mutual Insurance Company.
That said work and improvements consisted of the furnishing of all labor, materials, tools, equipment, services, and incidentals required to undertake and complete the Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455-626), all in accordance with the contract documents as required by the Estero Municipal Improvement District and more particularly described in the agreement approved by the District Board of the Estero Municipal Improvement District pursuant to District Resolution No. 3392 adopted on the 17th of July 2017, subject to reservation of all District rights arising from the contract documents and further, any defective workmanship and/or materials not observed during construction being thereafter discovered and known to the District.
DATED: __________________ _______________________________________ Ramon Towne, Interim Public Works
Director/District Engineer
Estero Municipal Improvement District
6.4 Attachment 2 - Notice of Completion
34 BILL OF SALE
THIS BILL OF SALE agreement is executed as of the 6th day of March, 2023 by and between the Estero Municipal Improvement District, a special district formed by the State of California pursuant to the Estero Municipal Improvement District Act (“EMID”) and 888 Foster City Investment LP, a California Limited Partnership (“Property Owner”) with reference to the following facts:
A. Property Owner is the owner of that certain real property located at 888 Foster City Boulevard, consisting of approximately 6.4 acres, and designated as APN 094-091-020, as more particularly described on Exhibit 1 (“Subject Property”); and
B. Pursuant to EMID Resolution No. _____, EMID desires to transfer to Property Owner and Property Owner desires to assume ownership of and the responsibility to operate maintain, repair and replace from time to time, as necessary, certain new private sanitary sewer improvements, consisting of a new private sanitary sewer pipe and manhole, constructed by EMID on the Subject Property, as shown on Exhibit 2 attached hereto and made a part hereof (collectively, the “Private Improvements”).
IN CONSIDERATION OF THE FOREGOING, and for other good and valuable consideration, receipt of which is acknowledged by execution of this document, EMID and Property Owner agree as follows:
1. EMID does hereby grant, convey, transfer, and assign to Property Owner, and Property Owner desires to assume and accept, all of EMID’s right, title, and interest in and to the Private Improvements. EMID shall not be responsible for any ongoing maintenance, repair, or replacement of the Private Improvements for any reason whatsoever.
2. Property Owner’s assumption and acceptance of the Private Improvements is on an “as is,” “with all faults” basis and without any warranty or representation, express or implied, of any nature or sort, including, without limitation, any warranty of merchantability, fitness of use for a particular purpose, or otherwise.
3. To the fullest extent permitted by law, Property Owner shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to EMID) and hold
6.4 Attachment 3 - Bill of Sale
35 harmless EMID and any and all of its directors, officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all Liability (including Liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any nature (“Liability”) whether actual, alleged or threatened, which arise out of, pertaining to, or relate to the Private Improvements, except to the extent that the Liability is due to the intentional misconduct or gross negligence of the Indemnified Parties.
4. This Bill of Sale shall in all respects be governed by, and construed in accordance with, the laws of the State of California, including all matters of construction, validity, and performance.
[Signatures on Next Page]
6.4 Attachment 3 - Bill of Sale
36 IN WITNESS WHEREOF, EMID has caused this Bill of Sale to be duly executed and delivered on the day and year specified above.
EMID
Estero Municipal Improvement District, a
special district formed by the State of
California pursuant to the Estero Municipal
Improvement District Act
By: _______________________________
Jon Froomin, President
(Notary Acknowledgment Required)
ATTEST:
By: _________________________________
Priscilla Schaus, District Secretary
APPROVED AS TO FORM:
By: _________________________________
Benjamin Stock, District Legal Counsel
Property Owner
888 Foster City Investment LP, a California
Limited Partnership
By: ______________________________
Name: ______________________________
Its: ______________________________
(Notary Acknowledgment Required)
EXHIBITS
EXHIBIT 1 – Legal Description of Subject Property
EXHIBIT 2 – Construction Plans of Private Improvements
6.4 Attachment 3 - Bill of Sale
37 Exhibit 1
[Legal Description of Subject Property]
6.4 Attachment 3 - Bill of Sale
38 Exhibit 2
[Construction Plans of Private Improvements]
6.4 Attachment 3 - Bill of Sale
39 DATE: March 6, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Dusty Landwehr, Recreation Coordinator
DEPARTMENT: Parks and Recreation
SUBJECT: YOUTH ADVISORY COMMITTEE’S 2022 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2023
RECOMMENDATION
It is recommended that the City Council, By Minute Order, receive and accept the Youth Advisory Committee’s 2022 Year-End Report, approve the mission statement, and accept the Goals for 2023.
EXECUTIVE SUMMARY
Pursuant to Minute Order No. 802, each citizen-advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council at a City Council meeting in the first quarter of 2023.
At its regular meeting on February 1, 2023 the Youth Advisory Committee approved the following:
1. 2022 Year-End Report
2. Reviewed Mission Statement
Mission Statement: The Foster City Youth Advisory Committee shall exist as a citizens’ group to advise and respond to the City Council in all matters related to the needs of youth in Foster City and to promote teen involvement in the community.
3. Goals for 2023
7.1 7.1 Staff Report
40 It is recommended that by Minute Order, the City Council accept the Youth Advisory Committee’s 2022 Year-End Report, approve the mission statement, and accept the Goals for 2023.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 - 2022 Youth Advisory Committee Year End Report Attachment 2 - 2023 Youth Advisory Committee Goals
7.1 7.1 Staff Report
41 3
8 1
Foster City Youth Advisory Committee
2022 Year-End Report
Goal: To continue to be leaders for the teens in the community.
Accomplishments:
•Attended a teambuilding event to build team comradery, learn effective ways to work as a team, and how to set an example for other teens in the community
•Established subcommittees in which each member had the opportunity to play a leadership role.
Goal: To enhance individual member’s personal skills in leadership and in service.
Accomplishments:
•Members practiced parliamentary procedure to conduct meetings in a fair and organized manner.
•Required each member to serve on the established sub-committees and gave each the opportunity to be the Chair Person for at least one event/activity.
Goal: To continue to serve charitable or community organizations.
Accomplishments:
•Made monetary contributions via the Halloween Festival, and the Spaghetti Feed Fundraiser to the Foster City Youth and Teen Foundation.
The members of the Youth Advisory Committee volunteered their time at these events as well as volunteered at Foster City Elementary School’s Falcon Fest.
Goal: To encourage the spirit of giving by organizing a city wide initiative to aid the military and military families.
Accomplishments:
•Organized a book drive, where all donated books were sent to soldiers who are deployed overseas, or military families here in the United States.
Over 3,000 books were donated to an organization called Operation Paperback.
Goal: To host an event or program for Foster City Youth in an attempt to make up for lost experiences during the pandemic.
7.1 Attachment 1 - 2022 Youth Advisory Committee Year End Report
42 3
8 1
Accomplishments:
•Created a program with the Foster City Library called Book Buddies.
Members of the Youth Advisory Committee volunteered on Saturdays by reading books to children, leading arts and crafts and playing games with them.
Approved by the Foster City Youth Advisory Committee at its regular meeting of February 1, 2023.
7.1 Attachment 1 - 2022 Youth Advisory Committee Year End Report
43 Foster City Youth Advisory Committee
Mission Statement
And
Goals for 2023
Mission Statement: The Foster City Youth Advisory Committee shall exist as a citizens’ group to advise and respond to the City Council in all matters related to the needs of the youth in Foster City and to promote teen involvement in the community.
Our Goals for 2023 are:
•To continue to be leaders for the teens in the community •To enhance individual member’s personal skills in leadership and in service
•To continue to serve charitable organizations
•To create an event to encourage waste consciousness.
•To address the issue of food insecurity in our community.
7.1 Attachment 2 - 2023 Youth Advisory Committee Goals
44 DATE: March 6, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: RECREATION CENTER REBUILD PROJECT (CIP 301-678) – PRESENTATION BY PROJECT DESIGNER GROUP 4
ARCHITECTURE, RESEARCH + PLANNING, INC. AND
DISCUSSION ON PROJECT GOALS, CONCEPTUAL SITE
PLANS, AND ARCHITECTURAL AND SITE DESIGN VALUES
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept this progress update by the project designer Group 4 Architecture, Research + Planning, Inc. (“Group 4”) on the Recreation Center Rebuild Project (CIP 301-678) and provide input to staff and the project design team on project goals, conceptual site plans, and architectural and site design values.
EXECUTIVE SUMMARY
The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301-678 involves the replacement of the City’s Recreation Center using a build-to-budget approach.
On November 21, 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4. The project kick-off meeting was held on December 16, 2022, which included City staff and lead staff from Group 4. The project is currently in the program confirmation/schematic design phase which began in
7.2 7.2 Staff Report
45 January 2023, and expected to last approximately 7 months. Group 4’s scope of work will continue through the construction of the project which is anticipated to be completed in 2026.
The presentation this evening by the City’s project design consultant Group 4 is the second of six planned meetings and project updates with the City Council. The purpose of the presentation is for Council to receive a project status update including community input received to date and to discuss and provide input on the project’s goals, site options, building program including opportunities and constraints that currently exist.
BACKGROUND
The City Council first authorized a Recreation Center Master Plan Study as a component of the Fiscal Year (FY) 2016-2017 budget and conducted extensive public outreach during that fiscal year as a first step in developing a Recreation Center Master Plan. In FY 2017-2018, the project was added to the 5-Year Capital Improvement Program to identify initial and on-going funding for the project and the City Council took further steps to identify the issues and estimated costs to address the Center and its surroundings to meet the current and future recreation needs of the community. In FY 2018-2019, the City Council received the Conceptual Design Plan Report and in 2019 agreed on a design concept, but ultimately opted for a "build to budget" project scope and the project was also placed on hold.
In 2021, the City Council requested to revisit the Recreation Center Project. At the regular City Council meeting on August 2, 2021, staff provided a status update on the project including an update on the project’s community engagement process and draft Recreation Center and Parks System Survey. The community survey was used to validate programming and use options, and how those may have changed as a result of the COVID-19 pandemic. At City Council Special Meeting on January 31, 2022, staff presented the survey results including funding options and additional information regarding the build process and design options. The City Council accepted the survey results and proposed to move forward with the “build-to-budget” option with a not-to- exceed budget of $55 million.
On November 21, 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. The project is currently in the program confirmation/schematic design phase, which began in January 2023, and expected to extend through construction of the project which is anticipated to be completed in 2026.
Since the project kick-off, there have been several Project Management Team (PMT) meetings with staff and Group 4, two meetings of the Recreation Center Rebuild Project Task Force (RCRPTF), one Joint Planning Commission / Parks and Recreation Committee meeting, and technical meetings with the Recreation Division to review the building program and the Planning Department to review and discuss the City’s zoning requirements and the California Environmental Quality Act (CEQA) process.
7.2 7.2 Staff Report
46 ANALYSIS
The purpose of this Recreation Center Rebuild Project is to replace the aging, outdated, and inefficient existing Recreation Center with a new 21st century Recreation Center.
The new Recreation Center will be a community asset that contributes to the quality of life for the entire community and will ensure that the City has recreational amenities to meet the needs of an increasingly diverse population for the foreseeable future.
For the initial phase of the project, a multilayer community engagement plan has been developed for the project to ensure broad input from the community, community leaders, stakeholders, staff, and City Council. Project goals and objectives are being developed early in the process with the community, RCRPTF, Parks and Recreation Committee, Planning Commission, and staff. The purpose of the interactive planning process is to create a shared vision for the new Recreation Center Rebuild Project and to define the planning and design values that will shape the project and act as criteria for evaluating the site and building design solutions.
Planning for the new Foster City Recreation Center Rebuild project is underway with several public and technical meetings taken place since the project kick-off. The presentation this evening from the City’s project design consultant Group 4 will include a project update, a report on the community input to date and discussion of the project’s goals, site options, and building program including opportunities and constraints that currently exist. Staff and the design team are seeking input from the Council during this early phase of the public participation process. After this meeting, the first round of community engagement will launch and will include an online survey, a drop-in community meeting, and pop-up kiosks at various community events.
The Project Participation and Work Plan and Group 4’s slide deck presentation are included as Attachments 1 and 2.
NEXT STEPS
Tentative Project Timeline
March 3 – 19, 2023 – Online Survey Launches
March 8, 2023 (4-7pm) – Drop-in Community Meeting held at Recreation Center April 6, 2023 – Joint Planning Commission/Park and Recreation Committee Meeting
May 2023 (TBC) – Community Survey
May 2023 (TBC) – Community Meeting
May 15, 2023 – City Council Meeting – Staff Update
May 18, 2023 – Joint Planning Commission/Park and Recreation Committee Meeting
June 2023 (TBC) – City Council Meeting – Design Team Update
7.2 7.2 Staff Report
47 CALIFORNIA ENVIRONMENTAL QUALITY ACT
This project update is not a subject of the CEQA. However, the Recreation Center Rebuild Project will include a CEQA review as part of project scope.
FISCAL IMPACT
There is no fiscal impact associated with receiving this update on the Recreation Center Rebuild Project. The agreement with Group 4 Architecture is $5,483,957. There is a project contingency in the amount of $650,000 or approximately 12% of the contract amount to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. Funding in the amount of $6,138,000 is available in the approved budget for design services.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Project Work and Presentation Plan Phase 1 Attachment 2 – Group 4 Presentation Slide Deck
7.2 7.2 Staff Report
48 PROJECT PARTICIPATION PLAN
FOSTER CITY RECREATION CENTER
06 March 2023
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
49 Conduct kick-off meeting
Project directory/project contact
Community participation plan
Work plan & schedule (updated at the
beginning of each task)
Update project website (ongoing for
duration of project) Site survey and
record boundary
Geotechnical report
Refined building program
Prepare conceptual design options:
– Design values and sustainability
goals
– (2) Floor plan options with
massing
– Site options
– Exterior materials palette
– Cost models
Prepare refined conceptual design
package for preferred option:
– Site plans, floor plans, elevations
– Narrative specs and system
descriptions
– 3d model and vignettes
– Refined cost model
– Phasing plan
Prepare schematic design:
– Site plan
Architectural drawings
– Life cycle analysis
– Building systems narrative
– Outline specifications
– Renderings
– Updated building program
– LEED checklist (for reference)
– Exterior materials palette
Prepare updated construction
estimate
Project budget
Project schedule
Incorporate schematic design
comments
Prepare design development
packages
Prepare updated construction
estimate
Project budget
Project schedule
Review City-selected furniture to be re-used
Develop wayfinding and signage strategy
Develop preliminary furniture plan
Prepare an initial study
Analysis impacts
Historic resource evaluation
Technical evaluations for air quality, energy,
greenhouse gas emissions, noise, and transportation
Prepare three (3) drafts of Initial Study, including: administrative draft, screen check draft, public review draft
Final Initial Study/mitigation negative declaration (IS/MND) Mitigation Monitoring and Reporting Program (MMRP)
Meetings (3) project team meetings via teleconference and (1) public hearing Develop preliminary
furniture/signage budget
Meetings: Integrated with
Tasks 1-7
Prepare updated furniture and signage plans
Prepare updated furniture/signage budget
Prepare updated furniture and
signage plans
Prepare updated furniture/
signage budget
Furniture selection
Furniture specifications and bid documents
Order and procure through state contracts
Furniture Install
Use permit package
– Prepare use permit package for review by the
Interdepartmental Evaluation Committee (IDEC) and
Planning Commission
Construction documents
– Incorporate design development and use permit
package comments
– Prepare 50%, 75% (plan check), and final (bid set)
construction documents packages
– Prepare updated construction estimate
Assist in pre-proposal meeting
Review RFIs
Issue addenda
Review bids
Prepare conform set
Review submittals, shop drawings, and schedules
Review and respond to contractor’s requests for
information (RFIs)
Attend Owner Architect Contractor (OAC) meetings
Prepare supplemental instructions (ASIs)
Review contractor’s COR + CO Prepare record
drawings
JAN – MAR APR – JUN JUL – SEPT OCT – DEC JAN – MAR 18-24 MONTHS 1-3 MONTHS OPTIONAL SERVICE: Prepare
updated operational revenue
analysis report based on
conceptual design options
ADDITIVE ALTERNATE SCOPE:
Environmental review documents
as necessary for City-led CEQA
process
2023 2024
PMTS
TECHNICAL MEETINGS (City/Recreation Staff, Planning, Building, Public Works, Public Safety, Fire) INTEGRATED DESIGN WORKSHOPS (IDWs)
PLANNING COMMISSION + PARKS AND RECREATION COMMITTEE
RECREATION CENTER PROJECT TASK FORCE
CITY COUNCIL
COMMUNITY
Round 1 Round 2
CEQA Public Hearing
(Planning Commission only)
JointJoint Joint
GROUP 4FOSTER CITY RECREATION CENTER
DRAFT WORK PLAN 2023-02-21
TASK 4 – FF&E
PROJECT PARTICIPATION
TASK 1 – CONCEPTUAL DESIGN REFINEMENT AND
SCHEMATIC DESIGN
1A – CONCEPTUAL DESIGN
REFINEMENT
1C – CEQA
1B – SCHEMATIC DESIGN
USE PERMIT
PACKAGE
(25% CD)
CONSTRUCTION DOCUMENTS
TASK 2 – DESIGN
DEVELOPMENT
DOCUMENTS TASK 3 – USE PERMIT AND CONSTRUCTION
DOCUMENTS
TASK 5 – BIDDING AND CONSTRUCTION SUPPORT
TASK 6 –
RECORD
DOCUMENTS
BID AND AWARD
PROJECT
CONSTRUCTION DESIGN SUPPORT
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
50 FOSTER CITY RECREATION CENTER
DRAFT WORK PLAN revised 2023-02-23
2022 2023
Prepare updated construction
estimate
Project budget
Project schedule
*Typical City meeting dates: City Council - 1st and 3rd Monday of the month, Planning Commission - 1st and 3rd Thursday of the month, Parks and Recreation Committee - 1st Tuesday of the month
PROJECT PARTICIPATION
REC CENTER PROJECT TASK FORCE, CITY COUNCIL (CC), PLANNING COMMISSION, PARKS AND RECREATION COMMITTEE, COMMUNITY OUTREACH
APR MAYFEBDEC JAN
Project Management Team (PMT) Meetings
Technical Meetings (City/Recreation Staff, Planning, Building, Public Works, Public Safety, Fire) + IDW
PROJECT MANAGEMENT AND WEB CONTENT SUPPORT
TASK 1 – CONCEPTUAL DESIGN REFINEMENT AND SCHEMETIC DESIGN TASK 1A – CONCEPTUAL DESIGN REFINEMENT TASK1B – SCHEMATIC DESIGN TASK 4 – FURNITURE, FIXTURES, AND EQUIPMENT (FFE)
Rec Center Project Task Force
Planning Commission + Parks and Recreation Committee
City Council
Community Outreach
TechnicalTechnical
Outreach Outreach
IDW 05/30 (TBC)IDW 03/24
TASK 2 – DESIGN DEVELOPMENT
DOCUMENTS
MAR JUN JUL
12/16 01/19 02/02 02/16 03/02 03/16 04/1303/30 04/27 05/11 05/25 06/08 Thurs 03/02
Mon 05/15
(Staff Update)
Mon 03/06
(Consultant Presentation and
Update/Council Direction)
Tue 02/21
(Staff Update)
Mon 04/17
(Staff Update)
Mon 06/19
(Consultant Presentation and
Update/Council Direction)
Mon 07/17
(Present SD to City)
Wed 01/25 Wed 02/22 Wed 03/22 Wed 04/19 Wed 05/24 Wed 06/28 Thurs 04/06 Thurs 05/18 Thurs 06/15
CEQA Public Hearing
(Planning Commission only)
06/2201/12
AUG
Site survey and record boundary
Geotechnical report
Refined building program
Prepare conceptual design options:
– Design values and sustainability
goals
– (2) Floor plan options with massing
– Site options
– Exterior materials palette
– Cost models
Prepare refined conceptual design package
for preferred option:
– Site plans, floor plans, elevations
– Narrative specs and system
descriptions
– 3d model and vignettes
– Refined cost model
– Phasing plan
Prepare schematic design:
– Site plan
Architectural drawings
– Life cycle analysis
– Building systems narrative
– Outline specifications
– Renderings
– Updated building program
– Leed checklist (for reference)
– Exterior materials palette
Review City-selected furniture to be re-used
Develop wayfinding and signage strategy
Develop preliminary furniture plan
Develop preliminary furniture/signage budget
Meetings: Integrated with Tasks 1-7
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
51 DEC
POSITIONING PROJECTS FOR SUCCESS
Group 4 has developed a participatory design process and hundreds of successful community projects. We have been instrumental in assisting our clients with community engagement and public information campaigns. What sets our process apart is our proven record of building a shared vision, consensus, and momentum for public projects that reflect community priorities and values. Our proposed process for the Foster City Recreation Center Replacement Project builds on the strong foundation of community engagement that City began in 2016-2017. We look forward to refining the proposed engagement plan with the City to ensure the most effective use of City resources.
Excellent local examples of the success of our proven process include the recently completed Burlingame Community Center, and the San Bruno Recreation and Aquatic Center that is currently under construction. Both projects started at similar points that you are now – needing to leverage work from previous studies, build a strong foundation of support for a shared vision, and deliver a clear path forward to implementation and realization of the vision.
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
52 WORKING WITH THE COMMUNITY,
RECREATION CENTER PROJECT TASK
FORCE, COMMUNITY LEADERS, AND STAFF
We will develop project goals and objectives early in the process with the community, Recreation Center Project Task Force (RCPTF), Parks and Recreation Committee, Planning Commission, and staff. The interactive planning process will create a shared vision for the new Recreation Center and continue to define the planning and design values that will not only shape the project, but also act as criteria for evaluating the success of various development strategies and design solutions.
The approach to working with staff begins with the establishment of a Project Management Team (PMT) that meets at regular intervals to make decisions and have in depth discussions on design and technical issues. At project inception, we work with City staff to develop project goals and objectives that are referenced throughout the project at key milestones and decision points that ensure alignment of expectations, budget, schedule, and scope to deliver the shared vision. We will meet regularly with the team of client representatives to review project progress and provide overall direction, from developing the initial work plan, schedule, and participation plan to confirming project findings and approving work products. We reference our project schedule at each team meeting to ensure that the project is on track – we also use the schedule to communicate and coordinate work among our consultant team members. The PMT will also monitor the project participation plan closely, and review content and exhibits before presentations to stakeholders, the community, and City Council. We anticipate that the PMT will include the City’s project manager, key City and Parks and Recreation staff, Group 4’s project manager, and key consultants; the City may also wish to include other key City staff in the PMT or certain meetings, depending on agenda topics.
The proposed multi-layered community engagement plan is described below.
RECREATION CENTER PROJECT TASK FORCE
We recommend the development of the Recreation Center
Project Task Force (RCPTF) with representatives from a wide cross section of community groups and advisory committees, such as the Planning Commission, Parks and Recreation Committee, City staff, and representatives from key stakeholder groups. A strong project RCPTF will act as an effective sounding board to vet options and strategies based on their inherent community knowledge; the RCPTF will also be project ambassadors who will provide updates to their constituents and promote participation in community engagement events. The RCPTF will work closely with the project team during the Conceptual and Schematic Design phases at monthly meetings.
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
53 PARKS AND RECREATION COMMITTEE AND PLANNING COMMISSION Three joint Parks and Recreation Committee and Planning Commission meetings are planned. Working together to provide input on the site strategies, concept options and the recommended schematic design will allow the insights and knowledge of the members to be shared and integrated into the final design, creating a strong foundation for the project. The fourth meeting with the Planning Commission will be the public hearing for the CEQA document.
COMMUNITY
A project website will be created and maintained throughout the project allowing the community to stay abreast of all project developments and progress. The design team will maintain the site and update it monthly will all public presentations and reports.
Additionally, we will engage the community with open houses, intercept events, pop up kiosk and online surveys at both the Conceptual and Schematic Design phases. The open house, online survey, pop up kiosk will contain the same content, in three formats so we can collect the community’s input on their preference for design values and plan options.
CITY COUNCIL
The City Council will have monthly updates by staff on the progress of the project and formal presentations by the design team at key milestones in the Conceptual and Schematic Design phases and prior to going out to bid.
WORKING WITH STAFF
Technical Meetings – We will conduct technical meetings with City staff at every phase of the project that will include: Parks and Recreation staff to confirm the programmatic, functional, and operational requirements of the new recreation facility; Building division to confirm our code analysis and requirements for emergency access, security, and fire protection; Planning division to confirm zoning, Setback, site, and parking requirements and Use Permit Application and review; and the Police and Fire Departments to review for safety, access, and equipment requirements.
Integrated Design Workshop – We have included Integrated Design Workshops (IDWs) in the project work plan during the design phases of the project. The purpose of IDWs is to have City departments, recreation staff, maintenance team, designers, and cost estimator have a clear understanding of the building and its systems and to keep the project budget and scope aligned. This proactive approach to budget/scope/expectations alignment is one of the attributing factors to our excellent record in cost forecasting and budget management, and we have found this approach to be significantly more effective than reactive value engineering. We will use the LEED matrix as a tool to facilitate the discussion on every aspect of the project from site utilities to door hardware. We will discuss the balance between the program requirements, sustainability targets, and the project budget. We will discuss and identify strategies and systems for achieving sustainability, performance, and maintenance goals.
7.2 Attachment 1 - Project Work and Participation Plan Phase 1
54 FOSTER CITY RECREATION
CENTER REBUILD
PROGRAMMING + CONCEPTUAL DESIGN
DESIGN PRESENTATION TO CITY COUNCIL
City of Foster City
City of Foster City | March 6, 2023, 6:30PM
7.2 Attachment 2 - Group 4 Presentation Slide Deck
55 AGENDA
1.Project Background
2.Project Schedule + Work Plan
3.Project Goals + Input To Date
4.Site Analysis + Site Options
5.Site Design Values
6.Programming
7.Building Design Values
8.Upcoming Meetings + Outreach
7.2 Attachment 2 - Group 4 Presentation Slide Deck
56 PROJECT BACKGROUND
• Rec Center Facility
Components Staff Feedback:
2017, 2019, 2023
• Conceptual Design Plans for
Multi-use
Recreation/Community Facility
and Park: 2019
• Foster City Recreation Center
Needs Assessment and Master
Plan: 2017
7.2 Attachment 2 - Group 4 Presentation Slide Deck
57 TODAY
7.2 Attachment 2 - Group 4 Presentation Slide Deck
58 TODAY
7.2 Attachment 2 - Group 4 Presentation Slide Deck
59 PMT + Technical Meetings + IDW’s
Project Management Team Meetings
Bi-monthly Meetings (2x month)
Technical Meetings + IDW’s include:
Park and Recreation Staff, Planning, Building, Police, Fire, Public Works, others…
Meetings as required (minimally 1x task)
7.2 Attachment 2 - Group 4 Presentation Slide Deck
60 Task Force Committee
Task Force Meetings – hybrid
• 01/25 - Meeting #1
• 02/22 – Meeting #2
• 03/22 – Meeting #3
• 04/19 – Meeting #4
• 05/24 – Meeting #5
• 06/28 – Meeting #6
7.2 Attachment 2 - Group 4 Presentation Slide Deck
61 Jt. Park Recreation Comm.+ Planning Comm.
Joint Park and Recreation and Planning
Commission
3 Study Sessions/Presentations at each milestone
Planning Commission
Public Hearing, CEQA Approval
7.2 Attachment 2 - Group 4 Presentation Slide Deck
62 9 Foster City Recreation Center Design Presentation to City Council 03/06/23
COMMUNITY ENGAGEMENT
2 Rounds
- Online Surveys
- Open House Drop-in Meeting
- Pop up Kiosk
7.2 Attachment 2 - Group 4 Presentation Slide Deck
63 10
Foster City Recreation Center Design Presentation to City Council 03/06/23
TEMPLATE
EXAMPLES
INPUT: BLOGS -TASK FORCE, STAFF, PARK + RECREATION COMMITTEE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
64 11
Foster City Recreation Center Design Presentation to City Council 03/06/23 GOALS – PMT/TASK FORCE/ PARK + REC COMMITTEE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
65 12
Foster City Recreation Center Design Presentation to City Council 03/06/23 INPUT – TASK FORCE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
66 PROJECT SITE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
67 EXISTING SITE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
68 EXISTING SITE
7.2 Attachment 2 - Group 4 Presentation Slide Deck
69 16
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE ANALYSIS
7.2 Attachment 2 - Group 4 Presentation Slide Deck
70 17
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE ANALYSIS
7.2 Attachment 2 - Group 4 Presentation Slide Deck
71 18
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE OPTIONS
Site Option 1 Site Option 2 Site Option 3
7.2 Attachment 2 - Group 4 Presentation Slide Deck
72 19
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE OPTIONS - ANALYSIS
Building midway between lagoon
+ Shell Blvd, Storm Drain
Building along Lagoon with
Linear Parking
Building along Lagoon.
meadow,
amphitheater and
lagoon
✔ ✔ ✔
Frontage at
lagoon
✔ ✔ ✔
Visibility from
parking lot
X ✔ ✔
Solar orientation X ✔ ✔
Maintain existing
willow trees
✔ X ✔
New outdoor
spaces
X X ✔
Cost High High Medium
7.2 Attachment 2 - Group 4 Presentation Slide Deck
73 20
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE DESIGN VALUES
7.2 Attachment 2 - Group 4 Presentation Slide Deck
74 21
Foster City Recreation Center Design Presentation to City Council 03/06/23
SITE DESIGN VALUES
7.2 Attachment 2 - Group 4 Presentation Slide Deck
75 22
Gonzales Community Center Complex CPMT#1 07/23/21
SUMMARY PROGRAM
7.2 Attachment 2 - Group 4 Presentation Slide Deck
76 24
Foster City Recreation Center Design Presentation to City Council 03/06/23
BUILDING DESIGN VALUES
7.2 Attachment 2 - Group 4 Presentation Slide Deck
77 25
Foster City Recreation Center Design Presentation to City Council 03/06/23
BUILDING DESIGN VALUES
7.2 Attachment 2 - Group 4 Presentation Slide Deck
78 26
Foster City Recreation Center Design Presentation to City Council 03/06/23 NEXT STEPS: DESIGN STRATEGIES
SINGLE-STORY OPTION
TWO-STORY OPTION
Concept Plan Options
- 1 or 2 Story?
- Building Massing?
- Site Amenities?
7.2 Attachment 2 - Group 4 Presentation Slide Deck
79 Q&A
How to overcome
possible obstacles?
I’m glad that…
I was surprised
that…
Potential
concerns and
responses
I’m looking
forward to
I was
struck by…
27 7.2
Attachment 2 - Group 4 Presentation Slide Deck
80 TASK FORCE HOMEWORKUPCOMING OUTREACH
Outreach Round 1: 3/3-3/19
Little League Pop-Up Kiosk: 3/4, 8:30am –
11:30am
- Community Open House/Drop-in March 8,
4pm - 7:30pm
- Holi Festival Pop-Up Kiosk: 3/18, 11am-
3:30pm
Upcoming Task Force Meeting
- 03/22
Survey Link:
https://surveyhero.com/c/vbvignkm
7.2 Attachment 2 - Group 4 Presentation Slide Deck
81 AGENDA
29 NEXT STEPS
Task Force Meeting – hybrid
• 03/22 – Meeting #3
• 04/19 – Meeting #4
• 05/24 – Meeting #5
• 06/28 – Meeting #6
Joint Park and Recreation Committee and
Planning Committee Meeting #2
• April 6, 2023
City Council Presentation
• March 6, 2023
Community Outreach
• Community Outreach 1
Online Survey March 3 - 19, 2023
Drop-in Community Meeting March 8, 4-7pm
• Community Outreach 2 – May 2023
7.2 Attachment 2 - Group 4 Presentation Slide Deck
82 THANK YOU!
7.2 Attachment 2 - Group 4 Presentation Slide Deck
83 DATE: March 6, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Assistant City Manager
Francine Magno, Senior Civil Engineer
Paul Nagengast, Project Advisor, Regional Government Services DEPARTMENT: Public Works
SUBJECT: APPROVING CONTRACT CHANGE ORDER NO. THIRTY-ONE (CCO #31) TO SHIMMICK CONSTRUCTION CO. INC., IN THE
AMOUNT OF $3,193,635.92; APPROVING AN ADDITIONAL
$300,000 TO CONSTRUCTION CONTINGENCIES; AND
AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT
OF $15 MILLION FOR THE LEVEE PROTECTION PLANNING
AND IMPROVEMENTS PROJECT (CIP 327-657)
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:
1. The Mayor to execute Contract Change Order No. Thirty-one (CCO #31) to Shimmick Construction Co. Inc., (SCCI) in the amount of $3,193,635.92 to achieve early interim milestones (phased trail openings) and the settlement of costs associated with pending change orders and claims due to inefficiencies for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project); and
2. Adding $300,000 to the construction contingency amount for the remaining work on the Project; and
3. A budget appropriation in the amount of $15 million which includes the remaining $5 million Measure P General Obligation (GO) Bonds and $10 million in previously identified City CIP Fund 301 reserves funds to be included in the
8.1 8.1 Staff Report
84 budget for the Levee Protection Planning and Improvements Project (CIP 327- 657).
EXECUTIVE SUMMARY
SCCI, the Contractor for the Levee Improvements Project (Project), approached the City to disclose that altering their scheduling and path of execution to accommodate impacts caused by external factors affected their work productivity and their ability to complete the work in the manner anticipated and with resources assumed at contract bid in 2020.
Considering the City’s interest to not cause any delays in the trail openings, SCCI also brought forth an option to introduce early interim milestones to the current construction contract schedule. As a result, and after further discussion with the project team, a settlement package was proposed to facilitate a successful project closeout.
SCCI’s proposal included the following components:
1. Settlement for costs associated with disputed inefficiency claims/impacts to date in the amount of $1,109,375.54;
2. Costs associated with additional labor and resources needed to minimize potential delays to trail openings and accomplish early interim milestones (phased trail openings) than required by the project contract bid documents in the amount of $1,182,668.12; and
3. All known pending change order requests as of February 1, 2023, in the amount of $901,592.26.
The total costs for these three components as outlined above is $3,193,635.92 and referred to as CCO #31.
Given that there is still approximately 15% of Project that remains to be completed, additional construction contingency monies are necessary to address any unknown/ unanticipated issues arising out of the remaining items of work to be completed. Staff is recommending that an additional contingency amount of $300,000 be added to the remaining $219,364.71 construction contingency monies.
On June 5, 2018 Foster City voters passed a ballot measure (Measure P), authorizing the City to issue GO bonds in the amount of $90 million to fund improvements to the City’s levee system. On July 6, 2020, the City Council authorized the issuance of bonds in the principal amount not to exceed $90 million to fund the levee project. The City issued $85 million out of the $90 million bond funds into the Levee Project (CIP 327-657).
Additional funding beyond the $85 million initial Project outlay of GO bond funds is necessary to cover the costs associated with CCO #31 and the additional construction contingency and therefore, staff is requesting a FY 2022-2023 appropriation of funds in order to continue to process contract amendments, contract change orders, and payments for the project, including CCO #31. The appropriation of remaining $5 million in Measure P monies and $10 million in City CIP Fund 301 reserves will provide the necessary funding to pay for the projected project expenses.
8.1 8.1 Staff Report
85 BACKGROUND/ANALYSIS
Settlement of Claims due to Inefficiencies
On October 11, 2022, SCCI met with the levee project team to discuss overall Project status. The items discussed included remaining key activities to take place, current areas of challenges, contractor claims related to inefficiencies, potential project schedule delays, close out discussions, and potential early interim milestone options.
At the meeting, it was discussed how altering SCCI’s planned construction schedule of activities and execution plan to avoid potential delays in the work (further discussed below) resulted in alleged inefficiencies that could be compensated as a CCO. In addition, further discussions identified the ability to modify the Contract to include three (3) new early interim milestones that would allow for phased openings of the trail (that would be deemed safe for public use) earlier than contemplated in the original Contract and avoid potential delays. Accordingly, the project team requested SCCI to provide a proposal (Proposal) discussing the basis for and estimated cost of inefficiencies experienced by SCCI, as well as avoiding future delays and achieving potential new phased-opening interim milestones.
The Proposal submitted by SCCI indicated impacts to SCCI (inefficiencies) due to the need to mitigate Project delays by rescheduling work items at various locations different than their anticipated construction schedule and path of execution. These impacts to SCCI included thirty-five (35) Requests for Quotation (RFQs), twenty-one (21) design revisions, HOA irrigation changes, and the Caltrans access permit delay, that all allegedly disrupted SCCI’s planned construction schedule and plan for execution of activities. SCCI assert that these disruptions required SCCI to alter its work approach from its original bid documents by bringing in additional resources to avoid delays and complete the Project, resulting in claimed cost impacts related to lost productivity due to performing the work out of sequence, in a piecemeal manner.
SCCI was arguably able to avoid potentially significant Project delays through rescheduling and changes in their execution of the work. SCCI submitted a “measured mile” analysis in their Proposal indicating both their methodology of analysis and estimated inefficiency cost impacts. The measured mile approach is an industry standard methodology to compare actual labor productivity achieved in an un-impacted portion of the Project against the productivity later achieved during the impacted and inefficient period (typically caused due to external factors). SCCI’s analysis, was evaluated by the Project Construction Manager, Tanner Pacific Inc. (TPI) and an independent construction claims expert, Mark Resolve, Inc., for the City Attorney’s Office. That review shows that SCCI prosecuted the work of the Project in ways to work around these impacts and delays and maintain the Project schedule, but that those efforts to work around these Project impediments arguably lowered SCCI’s labor productivity, thus increasing SCCI’s labor and other costs.
SCCI originally submitted a cost of $1,523,531.85 for their total inefficiency claim. The
8.1 8.1 Staff Report
86 costs asserted by SCCI were within a reasonable expected range of costs for inefficiencies of the type asserted by SCCI in its Proposal. Although disputed, in an effort to compromise and waive its claims for past inefficiencies now, instead of waiting until the end of the Project, SCCI has proposed in negotiations with TPI that it will reduce its overall quantified inefficiency claim by $510,802.00 and settle for $1,109,375.54 in inefficiency impacts and waive and release its asserted claims.
Early Interim Milestones
SCCI has indicated, together with restrictions to working in the bird nesting areas and weather, the inefficiencies experienced by SCCI has had a direct effect on the ability to complete Project milestones (Completion of Flood Protection Elements, Substantial Completion affecting phased trail openings and Final Completion) as specified by the number of calendar days to achieve milestones in the Contract documents. In order to minimize the potential for these milestones to be completed at a later date, including phased portions of the trail opening later, SCCI has proposed new early interim milestone dates (with new phased trail openings) to be completed sooner with additional effort by SCCI.
SCCI has submitted a cost of $1,182,668.12 to account for the additional resources necessary to meet early interim milestones to avoid potential delays to Project milestones. TPI and Mark Resolve, Inc. have evaluated the Project schedule and costs to mitigate potential delays and achieve earlier phased trail openings. They have found the negotiated cost of $1,182,668.12 to be reasonable and revised schedule to be achievable. The Project team anticipates other potential cost savings that could result from the proposed earlier phase completion.
In order to provide some guarantees to the City for SCCI to meet the early interim milestone dates outlined in CCO #31, the $1,182,668.12 is broken into several components with possible deductions made if SCCI does not meet early interim milestone dates. The schedule below indicates how SCCI receives the monies and the amount of deductions taken per day if the milestone date(s) are not met. The deductions would only apply for failure to meet the phased opening milestone dates caused solely by SCCI fault or negligence. If the date is not met due to reasons such as weather or the City including but not limited to additional changes of work, design changes, differing site conditions, RFQ’s or any unforeseen circumstances, then the deductions shall not apply and SCCI would still be paid per percentages indicated for each phase. If implemented, these deductions would continue until the milestone date is met or the Substantial Completion Date of October 2, 2023, at which point Liquidated Damages in the amount of $5,000/day per the original contract would commence.
As an incentive to meeting the early interim milestone dates, the Proposal includes release of portions of SCCI’s earned retention monies being held by the City. Portions of the retention monies would be released for each milestone date met up to a total of 50% of the monies. If the milestone date is not met, no percentage of retention is released
8.1 8.1 Staff Report
87 early. Release of some retention, with the City withholding 50% of the retention until acceptance of the Project at Final Completion, does not present an unreasonable risk to the City.
The following schedule indicates the early interim milestone dates for phased opening of the trail. The phased opening of the trail would only occur if it is deemed safe for public access. Other minor work or ‘punch list’ items would be completed by SCCI leading up to final completion date. Upon acceptance of the landscaping elements for each phase, non-mitigated and mitigated plant maintenance periods commence to ensure successful establishments for the landscaping planted.
Upon execution of CCO #31, the payment of $1,182,688.12 shall be broken into the following components:
•The City to provide SCCI guaranteed down payment in the amount of $257,939.71 and will be incorporated into the following subsequent Progress Payment Request (PPR) by SCCI for payment.
•The remaining $924,728.41 shall be paid based upon meeting the early interim milestone dates with safe opening of the trail to the public per the percentages and amounts indicated in each of the three (3) phases. Deductions shall be made in the amounts indicated for each phase if, solely due to SCCI, milestone dates are not met and continue until phased milestones have been met or October 2, 2023, Substantial Completion, whichever occurs first.
•Phase 1-Bird Nesting Restriction Area; Southern End to Shorebird Park (STA 343+00 to STA 202+20)
oInterim Milestone Date: March 27, 2023
oForty Percent (40%) of $924,728.41 which is $369,891.37 oDeduction Amount Beyond March 27, 2023: $1,700/day
oTwenty Percent (20%) of Retention Monies Released
oNon-Mitigated Plant Maintenance Period (March 27-July 25, 2023) oMitigated Plant Maintenance Period (March 27, 2023-March 27, 2024) •Phase 2-Beach Park Boulevard; Shorebird Park to San Mateo Bridge (STA 202+20 to STA 100+00)
oInterim Milestone Date: May 31, 2023
oThirty Percent (30%) of $924,728.41 which is $277,418.52 oDeduction Amount Beyond May 31, 2023: $1,500/day
oFifteen Percent (15%) of Retention Monies Released
oNon-Mitigated Plant Maintenance Period (May 31, 2023-Sept 28, 2023) oMitigated Plant Maintenance Period (May 31, 2023-May 30,2024) •Phase 3-North of San Mateo Bridge (STA 100+00 to STA 0+00) oInterim Milestone Date: July 31, 2023
oThirty Percent (30%) of $924,728.41 or $277,418.52
8.1 8.1 Staff Report
88 oDeduction Amount Beyond July 31, 2023: $1,500/day
oFifteen Percent (15%) of Retention Monies Released
oNon-Mitigated Plant Maintenance Period (July 31, 2023-Nov 27, 2023 oMitigated Plant Maintenance Period (July 31, 2023-July 29, 2024) Currently, SCCI can assure that their subcontractors meet the milestone dates since SCCI contractually requires their subcontractors to commence/finish work according to SCCI schedule. It is in SCCI and their subcontractors' best interest to finish the work and have available their resources for the next job opportunity. If SCCI has completed the work prior to the Final Completion Date of January 10, 2024, SCCI will request the City to accept the work and file a Notice of Completion.
Settlement of Pending Contract Change Orders
Initially there was an identified $1.5 million in supported costs associated with non- formalized change orders and/or change order requests from SCCI that are not a part of, and separate from the inefficiency claim costs and costs associated with meeting early interim milestones that were included in the Proposal from SCCI. Requests for change orders from SCCI throughout the Project work period are reviewed by TPI to determine if compensable as extra work or not. TPI has reviewed documentation from SCCI’s time and material work sheets or other materials and has determined that these items are compensable as extra work. The $1.5 million in change orders and/or change order requests were negotiated by TPI. SCCI has agreed to settle in the amount of $901,592.26 for these known pending extra work items through February 1, 2023.
Construction Contingency
Of the original construction contingency amount of $9 million, $219,364.71 is remaining.
Additional construction contingency monies are necessary to finish the Project on time and for potential change orders that could occur with the remaining known work to be completed. Unused contingency monies not expended are returned to the Project fund.
While it is challenging to predict unknown events and/or unforeseen costs for potential change orders, an estimated value can be determined by estimating potential known issues with remaining work similar compared to other portions of the Project that have included changes and additions in prior CCO’s. For example, SCCI has been issued CCO’s for unsuitable material or unknown buried object(s) when excavating for retaining walls throughout the Project, and unknown differing site conditions such as this remain a potential unknown extra cost.
Staff recommends an additional $300,000 in contingency monies to be added to the $219,364.71 in remaining construction contingency monies for the Project (as of February 1, 2023). The updated total contingency amount of $519,364.71 would be available for any potential change orders for the final 15% of contract work listed below:
•Excavating for Retaining Walls in Phase III
8.1 8.1 Staff Report
89 •Grading
•Planting
•Signage and Striping
•Guardrails and Handrails
•Access Point (AP) 9 Bridge Conform
•AP 3 Ramp/Beach Access
•Requests from HOA or Recreational Water Users (RWU)
•Gateshead Park Restoration
Summary
Together, the settlement of potential inefficiency claims ($1,109,375.54), an early completion of interim milestones (phased trail openings) ($1,182,668.12) and the additional agreed cost for change orders and change order requests as of February 1, 2023 ($901,592.26), as CCO #31 is $3,193,635.92. Staff recommends City Council approve CCO #31 in the amount of $3,193,635.92 for the Levee Protection Planning and Improvements Project (CIP 327-657). Staff is also recommending that the City Council authorize an additional $300,000 to be added to the construction contingency for the Project. City Council would approve any change order greater than $250,000. The City Manager would still be authorized to approve any change orders up to $250,000 and would provide to the City Council a detailed breakdown of change orders.
California Environmental Quality Act
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).
FISCAL IMPACT
Contract Change Order No. 31
With the execution of CCO #31, the total contract change orders costs to date are summarized below:
CCO Nos. 1-30 $ 8,780,635.29
CCO No. 031 $ 3,193,635.92
Total $11,974,271.21
Future Construction Contingency
The current construction contingency is $219,364.71. The additional requested $300,000 will increase the total construction contingency for the project to $519,364.71.
Budget Appropriation
8.1 8.1 Staff Report
90 On May 21, 2018, the City Council established a construction contingency in the amount of $10 million should the project costs overrun beyond the $90 million bond measure that was under consideration at the time. The $10 million comes from General Fund Reserves or any identified alternative sources of funding.
On June 5, 2018 Foster City voters passed a ballot measure (Measure P), authorizing the City to issue GO bonds in the amount of $90 million to fund improvements to the City’s levee system.
On July 6, 2020, the City Council, authorized the issuance of bonds in the principal amount not to exceed $90 million to fund the entire project. The City issued $85 million out of the $90 million bond funds into the Levee Protection Planning and Improvements Project (CIP 327-657), with the understanding there remains $5 million in GO bonds if needed.
Staff is requesting the City Council’s approval of a $15 million supplemental budget appropriation for the Levee Protection Planning and Improvements Project (CIP 327- 657). The source of funding will consist of the issuance of the remaining $5 million of GO Bonds that is to be repaid (principal and interest) from ad valorem property taxes. It will take approximately 3 months to complete the bond sale. The remaining source of funding is via the transfer of the previously identified $10 million of City CIP Fund 301 reserves to Levee CIP Fund 327. Any non-GO Bond monies not expended for this Project will be returned to the originating funding source (City CIP Fund 301) and available for other City Projects.
The current project Estimate At Completion (EAC) is $87,698,372.97. With the addition of the latest amendments and change orders, including the TPI Contract Amendment previously approved at the February 21, 2023 City Council meeting, the projected EAC is $93,586,719.70 as shown below. The EAC assumes that all existing contracts will be paid in full. This includes the three main contracts for construction, design, and construction management, the minor contracts for other supporting services (outreach, surveying, right of way, etc.) and all miscellaneous costs associated with the levee project (permits, etc). It also assumes that all potential change orders that have been identified will be paid in full. This is a maximum estimate based on what is known to date.
This Budget Appropriation is requested due to the Project EAC being greater than the initial Project outlay of $85 million. It is requested that the additional $15 M in funding be approved by the City Council to account for any unforeseen items that could arise towards the end of the project, that have not been identified by the contractor, construction manager, or City, and are not currently being tracked as a potential change in the current EAC.
Estimate at Completion (To Date)_ $87,698,372.97
TPI Contract Amendment #2 (Approved on 2/21/23) $ 2,394,710.81 CCO #31 $ 3,193,635.92
Additional Construction Contingency $ 300,000.00
Total Projected EAC $ 93,586,719.70
8.1 8.1 Staff Report
91 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 – Contract Change Order No. 031
8.1 8.1 Staff Report
92 3
9 7
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT CHANGE ORDER NO.
THIRTY-ONE (CCO #31) TO SHIMMICK CONSTRUCTION CO. INC., IN THE AMOUNT OF $3,193,635.92; APPROVING AN ADDITIONAL $300,000 TO CONSTRUCTION CONTINGENCIES; AND AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT OF $15 MILLION FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657) FROM ISSUING THE REMAINING $5 MILLION IN MEASURE P GO BONDS AND TRANSFER OF $10 MILLION FROM CITY CIP FUND 301
CITY OF FOSTER CITY
WHEREAS, on May 21, 2018, the City Council adopted Resolution No. 2018-40 approving the designation of construction contingency funding in an amount not to exceed $10 million by the City towards the Levee Protection Planning and Improvements Project; and
WHEREAS, the designation of funds up to $10 million from General Fund Reserves or any identified alternative source of funding was for project construction costs overruns beyond the $90 million General Obligation (GO) bond measure that was under consideration at the time; and
WHEREAS, on June 5, 2018, Foster City voters approved a ballot measure (Measure P) that would authorize the issuance of not more than $90 million in GO bonds to be used to improve the City’s existing levee system to provide flood protection in accordance with updated Federal Emergency Management Agency (FEMA) guidelines, allow the City to retain FEMA accreditation for the levee, and protect against future sea level rise (Levee Protection Planning and Improvements Project); and WHEREAS, on July 6, 2020, the City Council, authorized the issuance of GO bonds in the principal amount not to exceed $90 million to fund the Project; and WHEREAS, based upon preliminary estimates for the Project, the City issued $85 million GO bond funds for the Levee Protection Planning and Improvements Project (CIP 327-657); and
WHEREAS, the City identified $10 million in City CIP Fund 301 to be made available if necessary for the Levee Protection Planning and Improvements Project (CIP 327-657); and
WHEREAS, on July 20, 2020, the City Council adopted Resolution 2020-76 awarding a contract to Shimmick Construction Co. Inc. (SCCI), in the amount of $60,218,000 for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project); and
8.1 Attachment 1 - Resolution
93 3
9 7
WHEREAS, on July 20, 2020, a construction contingency in the amount of $9,000,000 was provided for contract change orders during the construction of the Project with contract change orders greater than $250,000 to be approved by City Council; and WHEREAS, SCCI claims construction-related inefficiencies due to altering their scheduling and path of execution as a result from alleged impacts by others effecting their work productivity and their ability to complete the work in the manner anticipated and with resources assumed at bid; and
WHEREAS, SCCI has proposed achieving early interim milestones for phased trail openings which would minimize the potential for delay problems or other potential impacts to final Project completion; and
WHEREAS, SCCI has submitted costs of all known pending change order requests already or will be incurred by SCCI for work not included in the original plans and specifications which have been reviewed by the Project team and determined as compensable extra work prior to a formal contract change order submittal process; and WHEREAS, Contract Change Order No. Thirty-one (CCO #31) in the amount of $3,193,636.26 includes total costs associated with inefficiency claims, achieving early interim milestones and pending contract change orders; and WHEREAS, there currently exists insufficient construction contingency monies in the contract for the approval of CCO #31; and
WHEREAS, the execution of CCO #31 will be in substantial conformance to the version attached hereto except that changes that are non-material in nature may be made administratively prior to execution upon approval by the City Attorney; and WHEREAS, additional construction contingency monies in the amount of $300,000 are necessary to address potential change orders for unknown and unanticipated issues arising out the remaining items of work until project completion; and WHEREAS, the initial Project outlay of $85 million in GO bonds for the Project is projected to be insufficient to complete the Project; and WHEREAS, $15 million is available from the remaining $5 million Measure P GO bonds and $10 million in previously identified in City CIP Fund 301 to be included in the budget for the Levee Protection Planning and Improvements Project (CIP 327-657); and WHEREAS, in addition to authorizing the issuance of the remaining $5 million in GO bonds, appropriation of $10 million in the previously identified CIP Fund 301 for the levee project is necessary; and
8.1 Attachment 1 - Resolution
94 3
9 7
WHEREAS, any unexpended funds from CIP Fund 301 upon project completion will be returned to the originating fund account.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby authorizes:
1. The Mayor to execute CCO #31 to SCCI in the amount of $3,193,635.92, as a settlement of alleged inefficiency claims, an early completion of interim milestones (phased trail openings) and the additional agreed cost for change orders and change order requests costs as of February 1, 2023; and
2. Approving additional construction contingency monies in the amount of $300,000 with authorization given to the City Manager to execute contract change orders up to $250,000 and authorization required by City Council for any contract change orders above $250,000; and
3. A supplemental budget appropriation in the amount of $15 million in the Levee Project Fund 327 for FY 22-23 from issuing the remaining $5 million in Measure P GO bonds, City staff to take actions to implement the issuance of the remaining $5 million of GO bonds, and transfer of $10 million from City CIP Fund 301 to Levee Project Fund 327 for the Levee Protection Planning and Improvements Project (CIP 327-657) with authorization granted to the Finance Director to make budget adjustments in the various accounts necessary to effectuate the above authorizations.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JON FROOMIN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
8.1 Attachment 1 - Resolution
95
CITY OF FOSTER CITY
CONTRACT CHANGE ORDER NO. THIRY ONE (31)
DATE: March 6, 2023 CHARGE ACCOUNT: 301-0910-657-4251
PROJECT NAME: FOSTER CITY LEVEE IMPROVEMENTS PROJECT (CIP 301-657)
TO: SHIMMICK CONSTRUCTION, Contractor. You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of your agreement dated July 20, 2020. All new work herein shall be done in accordance with the applicable provisions of the plans and specifications, except as specifically modified by this contract change order.
CHANGE REQUESTED BY: Shimmick Construction and the City of Foster City
ORIGINAL CONTRACT AMOUNT $ 60,218,000.00
NET CHANGES BY PREVIOUSLY AUTHORIZED CHANGE ORDERS $ 8,780,635.29
CONTRACT AMOUNT PRIOR TO CCO NO. 31 $ 68,998,635.29
CHANGES AUTHORIZED BY CCO NO. 31 $3,193,635.92
REVISED CONTRACT AMOUNT $ 72,192,271.21
Description of work to be done and prices to be paid are listed below.
• Acceleration Milestones and dates are identified in this Change Order for the phased reopening of portions of the Project. Acceleration Milestones are identified on the attached Levee Improvements Project – UPD 26 – DEC22, Attachment 1.
• Definition of phased reopening is the safe opening of the trail in phases to the public as beneficial occupancy and shall not be tied to the completion of all punch list items for the phase. “Successful achievement” means the area subject to this acceleration milestone: (a) is opened to the general public, or ( b) may be safely opened for use by the general public despite the existence of unfinished punch list work.
• The Contractor shall and does hereby warrant and guaranty that all Work executed under this Contract will be free from defects of materials and workmanship for a period of one (1) year from the date of final acceptance of the project by the City, except certain specific items of Work, materials and equipment requiring a
8.1 Attachment 2 - Contract Change Order No. 031
96
guaranty or warranty for a greater period of time as hereinafter specified. In the event, however, that portions of the Work are sufficiently complete to allow use or occupancy by the City in the manner and for the purposes intended prior to final completion and acceptance of the P roject, the guarant y or warranty period will commence on the successful achievement of the applicable Acceleration Milestone below.
This Change Order provides for the costs associated with acceleration to meet the identified Acceleration Milestone dates on Attachment 1 as follows:
o Payment of $257,939.71 upon execution of this Change Order.
o Phased payment in the not -to-exceed amount of $924,728.41 upon satisfactory completion and achievement of individual acceleration milestones below.
1. Bird Nesting Area (Sta. 343+00 to Sta 202+20)
Acceleration Milestone: March 27, 2023
Terms: Payment of $369,891.36 upon successful achievement of the Bird Nesting Area A cceleration Milestone date, or a daily deduction of $1,700.00 from the above amount for each day of delay beyond the Bird Nesting Acceleration Milestone. This daily deduction is applied only if the delay is caused solely by the Contractor or its subcontractors or suppliers.
Should Contractor successfully achieve the Bird Nesting Area Acceleration Milestone date of March 27, 2023 without delay, the City will release 20% of withheld retention to the Contractor.
2. Beach Park Blvd. Area (Sta. 202+20 to Sta 100+00)
Acceleration Milestone: May 31, 2023
Terms: Payment of $277,418.52 upon successful achievement of Beach Park Blvd. Acceleration Milestone, or a daily deduction of $1, 500.00 from the above amount for each day of delay beyond the Beach Park Blvd.
Acceleration Milestone. This daily deduction is applied only if the delay is caused solely by the Contractor or its subcontractors or suppliers. Should Contractor successfully achieve the Beach Park Blvd. Area Acceleration Milestone date of May 31, 2023 without delay, the City will release 15% of withheld retention to the Contractor.
3. North of San Mateo Bridge Area (Sta. 100+00 to Sta 0+00) Acceleration Milestone: July 31, 2023
Payment of $277,418.52 upon successful achievement of North of San Mateo Bridge Acceleration Milestone , or a daily deduction of $1,500.00 from the above amount f or each day of delay beyond the North of San Mateo Bridge Acceleration Milestone. This daily deduction is applied only if the delay is caused solely by the Contractor or its subcontractors or suppliers. Should Contractor successfully achieve the North of San Mateo
8.1 Attachment 2 - Contract Change Order No. 031
97
Bridge Area Acceleration Milestone date of July 31, 2023 without delay, the City will release 15% of withheld retention to the Contractor.
The parties will negotiate and amend the definitions and relevant Contract Specifications to conform to this Change Order . Nothing in this Change Order affects SECTION 00 52 00, Article 3, Liquidated Damages for Delay in Completion of the Work, which remains in full force and effect.
• This Change Order settles disputed Contractor claims for, among other things, asserted past inefficiencies and related cost impacts on the Project . Although these claims are disputed by the City, in settlement and compromise of these asserted claims, Contractor will be paid $1,109,375.54 in settlement of its asserted claims, and in consideration for payment Contractor hereby waives and releases all claims for inefficiencies and/or lost productivity on the Project through February 1, 2023, arising out of or relating to Contract Change Order Nos. 18, 22, and 26.
• This Change Order settles forty one (41) outstanding non- formalized contract change orders identified on Attachment 2 in the negotiated amount of $901,592.26.
In consideration for this payment, Contractor hereby waives and releases all claims for costs or impacts arising out of or related in any way to those items identified on Attachment 2.
Contractor is directed to:
• Perform the Work in accordance with above-identified and Attachment 1 Acceleration Milestones to meet the milestone deadlines therein. • Provide a revised Critical Path Method (CPM) schedule including the Acceleration Milestones shown on Attachment 1 into the next monthly schedule update submittal for review.
1. Finance Changes Authorized by Contract Change Order:
BID
ITEM # DESCRIPTION BILLING
AUTHORIZED
CALENDAR
DAYS
COR 31 Acceleration, Inefficiencies and CCOs $3,193,635.92 0
2. Time Changes Authorized by Contract Change Order: None
NET AMOUNT OF CHANGES
REVISED CONTRACT AMOUNT
$3,193,635.92
$72,192,271.21
By reason of these changes , zero (0) calendar days extension of time will be allowed.
The Contract completion date remains unchanged by this CCO.
8.1 Attachment 2 - Contract Change Order No. 031
98
We, the undersigned Contractor, have given careful consideration to the work proposed and hereby agree, if this Change Order is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified and to accept as full payment therefore the prices shown above.
SUBMITTED BY: ___________________________________________
JONATHAN TRISTAO DATE
CONSTRUCTION MANAGER, TANNER PACIFIC
ACCEPTED BY: ___________________________________________
DREW WEICHERT DATE
PROJECT SPONSOR, SHIMMICK CONSTRUCTION
APPROVAL RECOMMENDED: ___________________________________________
PAUL NAGENGAST DATE
LEVEE PROJECT MANAGER, RGS
APPROVAL RECOMMENDED: ___________________________________________
FRANCINE MAGNO DATE
LEVEE SENIOR ENGINEER, FOSTER CITY
APPROVAL RECOMMENDED: ___________________________________________
STEFAN CHATWIN DATE
CITY MANAGER, FOSTER CITY
APPROVED: ___________________________________________
JON FROOMIN DATE
MAYOR, FOSTER CITY
ATTEST:
BY: ________________________________________
PRISCILLA SCHAUS, CITY CLERK
APPROVED AS TO FORM:
8.1 Attachment 2 - Contract Change Order No. 031
99
BY: ________________________________________
BENJAMIN STOCK, CITY ATTORNEY
ATTACHMENTS:
1. Levee Improvements Project – UPD 26 – DEC22
2. Negotiated CORs List – March 2, 2023
8.1 Attachment 2 - Contract Change Order No. 031
100
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish T otal
Float
LEVEE IMPROVEMENT PROJECT - UPD 26 - DEC22 LEVEE IMPROVEMENT PROJECT - UPD 26 - DEC22 158 158 22-May-23 10-Jan-24 0 MILESTONES MILESTONES 158 158 22-May-23 10-Jan-24 0
CONTRACTUAL COMPLETION MILESTONES CONTRACTUAL COMPLETION MILESTONES 158 158 22-May-23 10-Jan-24 0 CIP.GEN.F A.1110 WEATHER ALLOWANCE (OCT20 to SEP23) 24 24 22-May-23 23-Jun-23 0 CIP.MS.7000 FOSTER CITY FLOOD PROTECTION IMPROVEMENTS COMPLETE 0 0 23-Jun-23* 1 CIP.GEN.F A.1100 PUNCHLIST / DEMOBILIZATION 66 66 26-Jun-23 29-Sep-23 0 CIP.MS.8000 SUBST ANTIAL COMPLETION 0 0 02-Oct-23* 0
CIP.MS.8010 PLANT EST ABLISHMENT PERIOD 101 101 02-Oct-23 10-Jan-24 0 CIP.GEN.F A.1120 PROJECT FLOAT 0 0 02-Oct-23 02-Oct-23 0 CIP.MS.9000 FINAL CONT RACT COMPLETION 0 0 10-Jan-24* 0 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 2023 2024
WEATHER ALLOWANCE (OCT20 to SEP23)
FOSTER CITY FLOOD PROTECTION IMPROVEMENTS COMPLETE,
PUNCHLIST / DEMOBILIZATION
SUBST ANTIAL COMPLETION,
PLANT EST ABLISHMENT PERIOD
PROJECT FLOAT
FINAL CONT RACT COMPLETION,
LEVEE IMPROVEMENT PROJECT - UPD 26 - DEC22 SHIM-FOSTER CITY - FULL UPDATE_1 03-Mar-23 07:43 Remaining Level of Effort
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
FOSTER CITY LEVEE
SHIMMICK CONSTRUCTION
UPDATE 26 - DEC22 - ACCELERATED BIRD NESTING SCHEDULE MILESTONES
8.1 Attachment 2 - Contract Change Order No. 031
101
ATTACHMENT 2
Negotiated CORs List – March 2, 2023
No Description
1 Request for Information (RFI) #57: AP17 & AP18 Backfill - Picnic Table & Bench Demo 2 Request for Information (RFI) #73: Retaining Wall 05 CDF fill on vault, AB work on over-excavated section and sanitary sewer manhole removal 3 Differing Site Condition (DSC): Subgrade Remediation/Stabilization at AP14, AP15 and adjacent retaining walls
4 Request for Quotation (RFQ) 034: Retaining Walls Trench Drain Outlets Design 5 Differing Site Condition (DSC): Subgrade Remediation/Stabilization at AP19, AP20, AP22, Retaining Walls 01 and 02
6 Potholing work to explore existing irrigation lines at Caltrans Right of Way 7 Additional trench drain requirements along Retaining Walls 09, 10, 41, 42, 16 and 44. 8 Potholing work on 54” Sanitary Force Main adjacent to Station 96+00 9 Differing Site Condition (DSC): Existing layer of asphalt and concrete culvert removal at Floodwall 02
10 Additional crew mobilization and demobilization time to support City’s work adjacent to RW37
11 Concrete cap expansion joint Trial Repair
12 Differing Site Condition (DSC): Existing manhole and pipe removal adjacent to Station 73+75 (RW02)
13 Differing Site Condition (DSC): Sheet Pile Obstruction at North of San Mateo Bridge 14 Additional support work for solar tower lights and maintenance along Beach Park Blvd 15 Potholing work to explore Comcast Fiber Optic line
16 Request for Information (RFI) #283 - Rework on Bench Platform Walls 17 Differing Site Condition (DSC): Subgrade Remediation/Stabilization at AP16 18 Differing Site Condition (DSC): Subgrade Remediation/Stabilization at AP25 19 Differing Site Condition (DSC): Irrigation line adjustments at AP26 20 Request for Information (RFI) #320: Additional expansion boar requirements along trench drains
21 Request for COVID-19 sick pay reimbursements for craft personnel 22 Differing Site Condition (DSC): Utility conduit removal at AP24 23 Request for Information (RFI) #341: Conform Detail at Bridge A-40 24 Request for Information (RFI) #325: AP23 Ramps changes 25 Differing Site Condition (DSC): PG&E Gas Line abandonment work 26 Differing Site Condition (DSC): Capping of existing irrigation line and electrical conduit abandonment work at AP37
27 Rework at Access Points (FW20/21) and AP31
28 Fine grading rework along ~Station 272 to ~Station 306. 29 Belmont Slough (Egress Bridge) sheet pile cut off wall installation 30 Extra precast mold tool (Submittal #03 45 00-0 Revision 0: GFRC Precast Mockup #1 and #2)
31 Request for Quotation (RFQ) 044: Design Changes around Caltrans Right of Way 32 Field Orders No. 001, 002, 003, 005, 006 related to irrigation adjustments and exploration work
33 Request for Information (RFI) #221: FW 11/FW 25 Differing Site Conditions 34 Excavation for AP flatwork thickened edges
8.1 Attachment 2 - Contract Change Order No. 031
102
ATTACHMENT 2
35 Pilaster Modifications per RFI Nos. 113, 117, & 292
36 Tree Care, HOA Plant Watering, Arborist Report Credit 37 Rubble/Cobble Removal, Sifting, Offhaul
38 Sea Cloud Park Staging Area Restoration
39 Request for Quotation (RFQ) 047: Deletion of Streetlight Foundation Retaining Walls and Adjustment of Pole Base Heights
40 Request for Quotation (RFQ) 055: Deletion of PG&E Over-Wall Access-Handrail and Ladder (RFI#354)
41 Request for Quotation (RFQ) 057: AP Conform Changes
Total Negotiated Change Order Settlement Amount $901,592.26
8.1 Attachment 2 - Contract Change Order No. 031
103
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
Check Number Vendor Name Description
148027 ACSO-REGIONAL TRAINING CENTER POST TRAINING: GABRIEL APODACA 148028 AKBAR JONES INSTRUCTOR FEE: VOLLEYBALL
148029 ALESSANDRA LABRADOR CLASS REFUND: VINYASA YOGA
148030 AMAZON CAPITAL SERVICES, INC. MISCELLANEOUS PARK SUPPLIES, 5 LG LAPTOPS 148031 AMS SYSTEMS INC PRINTING MAILER/POSTAGE
148032 ANIMAL DAMAGE MANAGEMENT, INC. GROUND SQUIRREL CONTROL 148033 APPLIANCE PARTS DISTRIBUTORS OVER-THE-RANGE MICROWAVE AND WASHER FOR 833
COMET DRIVE
148034 BACKFLOW TECHNOLOGIES INC. MISCELLANEOUS MATERIAL & SUPPLIES - BUILDING
PROGRAM
148035 BAY AREA AIR QUALITY MANAGEMENT DISTRICT PERMIT TO OPERATE: LIFT STATION #12 AND 29 148036 BAY AREA BARRICADE SERVICE, INC. SISTER CITY GIFT EXCHANGE 148037 BAYSIDE BUILDING MATERIALS MISCELLANEOUS MATERIAL & SUPPLIES - PARK AND
BUILDING PROGRAMS
148038 BINXIANG NI CLASS REFUND: TENNIS
148039 BKF ENGINEERS CIP695: LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS 148040 BLAIR FINGERHUT RENTAL INSURANCE FEE REFUND
148041 BULLZEYE INSTALLATION PM DOOR INSPECTION SERVICES FOR CORPYARD,
PUMP HOUSE, BOOSTER STATION, POLICE
DEPARTMENT, AND RECREATION CENTER
148042 BURWELL, TAMMERLAINE INSTRUCTOR FEE: CERAMICS
148043 CAL-WEST LIGHTING & SIGNAL MAINTENANCE INC STREET LIGHTING REPAIR AND TRAFFIC SIGNAL
MAINTENANCE
148044 CALBIG-A JOINT VENTURE MEMBERSHIP DUES: MARTIN COOPER, AMANDA
ZULAICA, ERIC DREESMAN, JOE TAMAYO, AND LAE LAE
KHINE
148045 CAREERS IN GOVERNMENT INC ANNUAL MEMBERSHIP: FEBRUARY 2023 - FEBRUARY 202 4 148046 MARIAN CHAPIN INSTRUCTOR FEE: CERAMICS
148047 CHERYL LEUNG CLASS REFUND: AFTER SCHOOL HOOPS2/14/2023 244.45 2/14/2023 25.00
2/14/2023 2,000.00
2/14/2023 227.50
2/14/2023 2,940.00
2/14/2023 11,512.50
2/14/2023 11,080.78
2/14/2023 139.00
2/14/2023 593.25
2/14/2023 170.00
2/14/2023 954.00
2/14/2023 196.14
2/14/2023 284.81
2/14/2023 350.00
2/14/2023 977.50
2/14/2023 9,811.96
2/14/2023 52.50
2/14/2023 4,487.83
2/14/2023 4,237.83
Check Date Check Amount
2/14/2023 361.00
2/14/2023 912.00
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
104
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
148048 CHUN CHEN CLASS REFUND: AFTER SCHOOL HOOPS
148049 CINTAS CORPORATION UNIFORM/LAUNDRY SERVICES
148050 CITY OF SAN MATEO SAN MATEO - FC PFA: ALLIANT INSURANCE SERVICES REIMBURSEMENT: 9/29/2022 - 9/29/2023, LAW OFFICE OF
DANIEL P DOPORTO REVIEW OF MATERIALS
REIMBURSEMENT: NOVEMBER 2022, AND INTUIT, INC
QUICKBOOKS FEES REIMBURSEMENT: OCTOBER -
DECEMBER 2022
148051 GRISWOLD INDUSTRIES VALVES MAINTENANCE
148052 COUNTY OF SAN MATEO CANDIDATE STATEMENTS FOR NOVEMBER 2022
ELECTION
148053 COCCONI ELECTRIC COMPANY ELECTRICAL SERVICES
148054 COMMUNICATION ACADEMY INSTRUCTOR FEE: COMMUNICATION 148055 CONCERN EMPLOYEE ASSISTANCE PROGRAM SERVICES: 1/1/2023 - 12/31/2023
148056 CORE & MAIN LP MISCELLANEOUS SUPPLIES - WATER PROGRAM 148057 COURTNEY PARK CLASS REFUND: WORLD CUP SOCCER SKILL CLINIC 148058 CRISTIANY DE DEUS CLASS REFUND: TENNIS AND PICKLEBALL - 1/4/23 & 1/11/23 RAINOUT
148059 CSG CONSULTANTS INC. STAFF AUGMENTATION, D542 PILGRIM TRITON PHASE 3, D552 GILEAD PARK DEMOLITION, D555 GILEAD B342
INSPECTION SERVICE, D556 GILEAD B344 INSPECTION
SERVICE, D554 LINCOLN CENTER PHASE II, D532 324
LAKESIDE-GILEAD, D542 WAVERLY PHASE 3, D549 WELL
BEING CENTER, D552 GILEAD PARK, D554 BIOMED
ILLUMINA PHASE 2, D560 388 VINTAGE, D559 GILEAD 346
LAKESIDE
148060 DAVID WU CLASS REFUND: KARATE
148061 DEPENDABLE LOCK AND HARDWARE LOCKS AND KEYS
148062 DKS ASSOCIATES TRAFFIC ENGINEERING PROFESSIONAL SERVICES:
DECEMBER 2022
148063 EDWARDS, BERNARD INSTRUCTOR FEE: KARATE
2/14/2023 3,110.00
2/14/2023 4,356.00
2/14/2023 15,997.50
2/14/2023 207.38
2/14/2023 1,013.26
2/14/2023 5,140.34
2/14/2023 32.41
2/14/2023 49.10
2/14/2023 3,358.00
2/14/2023 3,000.00
2/14/2023 9,990.00
2/14/2023 2,826.08
2/14/2023 7,521.59
2/14/2023 2,752.18
2/14/2023 244.45
2/14/2023 241.63
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
105
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
148064 ESTERO MUNICIPAL IMPROVEMENT DISTRICT WATER SERVICES: NOVEMBER 2022 - JANUARY 2023 148065 EWING IRRIGATION PRODUCTS MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES 148066 FIREMASTER KITCHEN HOOD & DUCT INSPECTION SERVICES 148067 FORELAND PARTS INC. AUTO PARTS
148068 FREYER & LAURETA, INC. CIP705: EMERGENCY GENERATOR REPLACEMENT 148069 GABRIEL APODACA POST TRAINING: GABRIEL APODACA
148070 GARY WONG INSTRUCTOR FEE: PICKLEBALL
148071 NATHALIE GATTENBERGER INSTRUCTOR FEE: ART CLASS
148072 GAWFCO ENTERPRISES INC CARWASH SERVICES - JANUARY 2023 148073 GLOBAL INDUSTRIAL INDUSTRIAL SUPPLIES & MATERIALS - PARKS 148074 RUEDI GRAF INSTRUCTOR FEE: SOCCER
148075 GRAINGER MISCELLANEOUS SUPPLIES - STREET PROGRAM 148076 GREENTECH LANDSCAPE SERVICES HIP LANDSCAPING SERVICES: JANUARY 2023 148077 HELEN HUANG CLASS REFUND: LEGO MASTERS ENGINEERING 148078 HELEN MARTIN CLASS REFUND: ACADEMIC CHESS - 1/4/23 RAINOUT 148079 HIGHERGROUND, INC. LIVE911 SOFTWARE ANNUAL MAINTENANCE 148080 HIP HOUSING AFFORDABLE VENTURES INC HIP ACCOUNTING & MANAGEMENT FEES: NOVEMBER & DECEMBER 2022, WORKFORCE HOUSING MANAGEMENT
FEES: NOVEMBER 2022 - JANUARY 2023
148081 HOME DEPOT CREDIT SERVICES MISCELLANEOUS MATERIAL & SUPPLIES - PARKS,
BUILDING, SEWER, STREETS, & WATER PROGRAMS
148082 INTEGRATED DESIGN 360 LLC PROFESSIONAL SERVICES FOR ELECTRICAL CAPACITY STUDY: NOVEMBER & DECEMBER 2022
148083 INTERSTATE TRAFFIC CONTROL PRODUCTS INC MISCELLANEOUS SUPPLIES - STREET PROGRAM 148084 IT'S PERSONNEL HR SUPPORT
148085 JANE LIM INSTRUCTOR FEE: CERAMICS
148086 ZHIMEI JIANG INSTRUCTOR FEE: CREATE & LEARN
148087 JOHN BARR CLASS REFUND: LINE DANCING
148088 JOSEPH PAUL KAISER INSTRUCTOR FEE: AFTER SCHOOL HOOPS 2/14/2023 630.00
2/14/2023 178.75
2/14/2023 14,448.00
2/14/2023 96.25
2/14/2023 1,000.00
2/14/2023 227.50
2/14/2023 12,151.27
2/14/2023 1,741.75
2/14/2023 3,049.00
2/14/2023 355.00
2/14/2023 18.55
2/14/2023 15,000.00
2/14/2023 554.40
2/14/2023 346.18
2/14/2023 500.00
2/14/2023 2,289.00
2/14/2023 116.87
2/14/2023 7,125.61
2/14/2023 4,090.00
2/14/2023 229.30
2/14/2023 952.00
2/14/2023 368.87
2/14/2023 830.78
2/14/2023 821.50
2/14/2023 1,053.03
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
106
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
148089 JOSHUA MCDONALD EMPLOYEE REIMBURSEMENT: JOSHUA MCDONALD 148090 JULIO CLEANING AND MAINTENANCE JANITORIAL SERVICES: 12/31/22 148091 KAISER FOUNDATION HEALTH PLAN OCCUPATIONAL HEALTH SERVICES 148092 KELLY-MOORE PAINT COMPANY INC. PAINT SUPPLIES
148093 KOFF & ASSOCIATES, INC. COMPENSATION AND CLASSIFICATIONS STUDY - JANUARY 2023
148094 LDVALI, LLC INSTRUCTOR FEE: LINE DANCING
148095 LEAGUE OF CALIFORNIA CITIES 2023 MEMBERSHIP DUES 148096 LORAL LANDSCAPING INC. MEDIANS AND EASEMENTS MAINTENANCE FEE:
JANUARY 2023
148097 LYNGSO GARDEN MATERIALS, INC. LANDSCAPE MATERIALS - PARK PROGRAM 148098 MARICEL CUEVAS CLASS REFUND: AFTERSCHOOL RECREATIONAL CARE 148099 MELISSA LIN VISION REIMBURSEMENT: MELISSA LIN
148100 MISSION CLOUD SERVICES, INC CALOPPS SUPPORT SERVICES: FEBRUARY 2023 148101 MISSION LINEN SUPPLY-UNIFORM LAUNDRY SERVICES
148102 MORRIS MOUSSA INSTRUCTOR FEE: CERAMIC WORKSHOP
148103 NANCY GAIL GITTLEMAN INSTRUCTOR FEE: CERAMICS
148104 NAVIA BENEFIT SOLUTIONS, INC. PARTICIPANT FEE: JANUARY 2023 148105 NBC SUPPLY CORP MISCELLANEOUS SUPPLIES - WATER PROGRAM 148106 NGA BUI CLASS REFUND: MAD SCIENCE CRAZY CHEMWORKS 148107 NOEL PRADO POST TRAINING: NOEL PRADO
148108 NWESTCO LLC OPERATOR INSPECTION FOR LIFT STATION #29 AND
MONTHLY FUEL SYSTEM CHECK
148109 OFFICE DEPOT OFFICE SUPPLIES
148110 GREGORY N ORDUYAN INSTRUCTOR FEE: VIDEO GAME DEVELOPMENT 148111 PACIFIC AUXILIARY FIRE CO FIRE ALARM INSPECTIONS 148112 PACIFIC GAS & ELECTRIC COMPANY ELECTRICITY & GAS 148113 PACIFIC NURSERIES PLANT MATERIALS
148114 PACIFIC OFFICE AUTOMATION, INC COPIER USAGE CHARGES 2/14/2023 1,905.75
2/14/2023 401.47
2/14/2023 217.00
2/14/2023 1,300.00
2/14/2023 52,099.75
2/14/2023 41.13
2/14/2023 250.00
2/14/2023 54.11
2/14/2023 117.00
2/14/2023 951.57
2/14/2023 250.00
2/14/2023 1,264.00
2/14/2023 2,068.50
2/14/2023 3,136.00
2/14/2023 2,930.00
2/14/2023 200.00
2/14/2023 16,892.64
2/14/2023 13,949.00
2/14/2023 11,965.00
2/14/2023 2,940.56
2/14/2023 134.40
2/14/2023 6,268.75
2/14/2023 1,152.00
2/14/2023 89.00
2/14/2023 180.00
2/14/2023 1,523.00
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
107
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
148115 PRECAST PAVERS PAVER REPAIR SERVICES
148116 PENINSULA GYMNASTICS INSTRUCTOR FEE: GYMNASTIC
148117 PLAN JPA POOLED LIABILITY ASSURANCE NETWORK GENERAL LIABILITY CLAIMS - DECEMBER 2022 148118 PRAMODH RAMESH CLASS REFUND: REBOUND BASKETBALL - 1/4/23 & 1/11/23 RAINOUT
148119 PRECISION ENGRAVERS INC ENGRAVED PLAQUES AND GAVEL 148120 PREFERRED ALLIANCE "DOT"COMPLIANCE EXPENSES - DECEMBER 2022 148121 PRIME GOVERNMENT SOLUTIONS, INC CLIENT CONTROLLED INDEXING SOFTWARE 148122 PRUDENTIAL OVERALL SUPPLY TOWEL/UNIFORM LAUNDRY SERVICES 148123 ROUNDSTONE SOLUTIONS INC NUTANIX SOFTWARE SUBSCRIPTION: 2/27/2023-2/26/2024 148124 SAN MATEO COUNTY CONTROLLER'S OFFICE PARKING CITATION PROCESSING - JANUARY 2023 148125 SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 148126 SAN MATEO LOCK WORKS INC. LOCKS AND KEYS
148127 SAN MATEO UNION HIGH SCHOOL DISTRICT AFTER SCHOOL BUS SERVICES 148128 SARAH JOE CLASS REFUND: ACADEMIC CHESS - 1/4/23 RAINOUT 148129 SCHAAF & WHEELER CONSULTING D554: BIOMED PHASE 2 PLAN CHECK, D559: 346 LAKESIDE, D556: 344 LAKESIDE, AND D555: 342 LAKESIDE
148130 SERVICE PRESS INC. BUSINESS CARDS: VICTOR SANDOVAL 148131 SHIVANI PIYUSH PATEL INSTRUCTOR FEE: YOGA
148132 SAN MATEO COUNTY POLICE CHIEFS & SHERIFF
ASSOCIATION
2023 ASSOCIATION MEMBERSHIP DUES
148133 SPEEDPRO IMAGING OF S.F. PENINSULA MISCELLANEOUS SIGNS FOR PARKS 148134 SPENCON CONSTRUCTION INC SIDEWALK RECONSTRUCTION 148135 SST BENEFITS CONSULTING & INS SERVICES QUARTERLY MEETING 4TH QUARTER AND WATCH LIST REVIEW
148136 STACY JIMENEZ EMPLOYEE REIMBURSEMENT: STACY JIMENEZ 148137 STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE: 7/1/2022-6/30/2023 148138 T.H.E. OFFICE CITY OFFICE SUPPLIES
2/14/2023 2,297.00
2/14/2023 613.16
2/14/2023 55,176.00
2/14/2023 3,500.00
2/14/2023 249.82
2/14/2023 585.00
2/14/2023 1,000.00
2/14/2023 465.28
2/14/2023 18.55
2/14/2023 4,959.50
2/14/2023 31.53
2/14/2023 499.76
2/14/2023 130.46
2/14/2023 20,196.00
2/14/2023 164.58
2/14/2023 15,834.53
2/14/2023 625.60
2/14/2023 644.24
2/14/2023 246.00
2/14/2023 5,335.00
2/14/2023 2,100.00
2/14/2023 29,451.25
2/14/2023 50.00
2/14/2023 9,800.00
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
108
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
148139 TANNER PACIFIC INC CIP657: CONSTRUCTION MANAGEMENT - JANUARY 2023 148140 TARGET SPECIALTY PRODUCTS AGRICULTURAL MATERIALS & SAFETY SUPPLIES 148141 TELECOMMUNICATIONS ENGINEERING ASSOCIATES RADIO EQUIPMENT FEES 148142 THE HOME DEPOT PRO JANITORIAL SUPPLIES - BUILDING PROGRAM 148143 THERESA LAU CLASS REFUND: GYMNASTICS
148144 THIRKETTLE CORPORATION WATER METER PURCHASES
148145 THOMAS SARSFIELD INSTRUCTOR FEE: TENNIS
148146 SCOTT A THOMPSON INSTRUCTOR FEE: VOLLEYBALL
148147 TIFCO INDUSTRIES MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 148148 TOMOHIRO MORISHIGE CLASS REFUND: MAD SCIENCE MOVIN' AND GROOVIN' - 1/4/23 RAINOUT
148149 TOWNE FORD SALES AUTO PARTS & SUPPLIES
148150 TRAFFIC PATTERNS, LLC CIP681: TRAFFIC SIGNAL DESIGN 148151 TURBO DATA SYSTEM, INC. CITATION PROCESSING - JANUARY 2023 148152 URBAN INSIGHT, INC. CALOPPS TECHNOLOGY SERVICES - JANUARY 2023 148153 URBAN PLANNING PARTNERS INC. FOSTER CITY HOUSING & SAFETY ELEMENTS UPDATE -
PROFESSIONAL SERVICES - NOVEMBER & DECEMBER
2022
148154 UTILITY TELECOM GROUP, LLC INTERNET SERVICES: FEBRUARY 2023 148155 VISION SERVICE PLAN - (CA) VISION PREMIUM: FEBRUARY 2023 148156 VUONG PHAN POST TRAINING: VUONG PHAN
148157 WAQAS HASSAN EMPLOYEE REIMBURSEMENT: WAQAS HASSAN 148158 WATER INDUSTRY TRAINING SPECIALISTS BACKFLOW TESTER COURSE FOR MANUEL GARCIA 148159 WE GO LOGO STAFF UNIFORMS FOR PARKS DEPARTMENT AND
SAFETY SHIRTS FOR PUBLIC WORKS DEPARTMENT
148160 LUCIA MOHINI WETTASINGHE INSTRUCTOR FEE: CERAMICS 148161 YUHEI TAKATOKU CLASS REFUND: ACADEMIC CHESS - 1/4/23 RAINOUT2/14/2023 18.55 884,481.29
2/14/2023 1,600.00
2/14/2023 4,614.25
2/14/2023 455.00
2/14/2023 1,134.29
2/14/2023 100.36
2/14/2023 1,320.60
2/14/2023 2,800.00
2/14/2023 59,739.82
2/14/2023 4,433.69
2/14/2023 167.02
2/14/2023 26,800.00
2/14/2023 122.42
2/14/2023 4,500.00
2/14/2023 124.66
2/14/2023 27.77
2/14/2023 693.00
2/14/2023 20,517.78
2/14/2023 5,294.80
2/14/2023 1,303.17
2/14/2023 2,115.50
2/14/2023 190.08
2/14/2023 290,583.06
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
109
Prepared Date 2/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2023/8
Report Number 24
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON FEBRUARY 14, 2023
9.1 Warrant Register Report FY 2022-2023-Number 22 - January 31, 2023
110