Cities Index.
Agenda packet

Foster City City Council
July 17, 2023

Document
Agenda packet
Meeting
July 17, 2023
Body
Foster City City Council
Pages
8
Original file
33.1 MB
Text extracted from the city's file for reading and search. Open the original on fostercity.primegov.com. That file is the official record.

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/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING  HTTPS://FOSTERCITY­ ORG.ZOOM.US/J/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

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/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

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/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

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/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING  HTTPS://FOSTERCITY­ ORG.ZOOM.US/J/82421173255 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to:  https://fostercity­org.zoom.us/j/82421173255 To dial­in via phone:
1­669­900­6833 or
1­408­638­0968
And enter Webinar ID: 824 2117 3255
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, July 17, 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. A Proclamation Standing United Against Hate

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 June 20, 2023

6.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Enter Into Master Services Agreements with 4Leaf, Inc, and West Coast Code Consultants, Inc (WC3) for Professional On­Call Building Services in Amounts Not to Exceed $75,000 Each for Building Inspection and Permit Support Services and Without Limitation for Certain Plan Check Fees That Will Be Payable Directly by the Applicant; Approving the Appropriation of $150,000 to Account No. 001­0820­424­42­51 for Inspection and Permit Support Services; and Finding Approval of the Agreements Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.3. a) A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of a Construction Contract to California Roofing Company, Inc. in the Amount of $1,177,871 for  the Construction of the Roof Replacements at City Buildings Project (CIP 301­ 693); and an Appropriation in the Amount of $315,000 to CIP 301­693 and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 301­690 Seismic Improvements at the Lagoon Pump Station and Finding the Project Exempt From CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for CIP 405­660 Water Tanks & Facilities Improvements Project (2021­2022) and Finding the Project Exempt from CEQA Under Section 15301(B)
c) Staff Report
d) Adopt Resolutions

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rescinding Resolution No. 3654 Which Declared a Water Shortage Emergency Condition and Authorized the Implementation of Water Conservation Measures as Defined in Section 8.60.050 a, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and Rescinding Resolution No. 3668 Which Established Fines for Violations of Measures Under the Declaration of Water Shortage Emergency and Amended the Master Fees and Service Charges Schedule for Fiscal Year 2022­2023
a) Staff Report
b) Adopt Resolution

6.6. Approval to Release a Request for Qualifications (RFQ) to Establish a List of Qualified Environmental Consultants to Provide Project Based Professional On Call Services for CEQA Reviews for the Planning Division of the Community Development Department (CDD); and Finding Issuance of the RFQ Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(b) (3)
a) Staff Report
b) Approve the Release of Request for Qualifications

6.7. Cancel the September 5, 2023 Regular Meeting of the City Council/Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Foster City Youth Sports Field User Group Fees for Fiscal Year 2023­2024
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action –  A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2023­24 for the Department of Parks and Recreation, Establishing Foster City Youth Sports Field User Group Hourly Fees Effective January 1, 2024

7.2. A Public Hearing to Hear and Consider Comments and Adoption of Resolution Establishing the Fiscal Year 2023­2024 Appropriations Limit of the City/District
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action ­ A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution
f) Action ­ A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2023­2024 Appropriations Limit Pursuant to Article XIIIB of the California Constitution

8. NEW BUSINESS

8.1. Interview and Consideration of Appointment of One Small Business Member to Partial Term from July 17, 2023 through 2025 on the Citizens Sustainability Advisory Committee, Applicant listed is: Katiya Wright
a) Staff Report
b) Interview Applicant
c) Action – By Minute Order, Appoint One Small Business Member to the Citizens Sustainability Advisory Committee

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on June 15, 2023, June 29, 2023, and July 5, 2023, and ACH were processed on July 5, 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.

10.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Campaign Finance Limits

11. CLOSED SESSION

11.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)

11.2. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286­3250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

6 4.1

4.1 Proclamation (Updated as of July 13, 2023)

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

SPECIAL MEETING OF JUNE 20, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Special Meeting of June 20, 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.

This meeting was held as a hybrid meeting.

ROLL CALL

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Mariam Sleiman, Deputy City Attorney; Derek Schweigart, Parks and Recreation Director ; Ray Towne, Interim Public Works Director ; Tracy Avelar, Police Chief; Edmund Suen, Finance Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Mark Lee, Police Lieutenant; Frank Fanara, Parks Manager; Francine Magno, Senior Civil Engineer; Kevin Ortiz, Management Analyst ; Austin Walsh, Communications Manager; Greg Shimizu, Parks Maintenance Worker II ; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PROCLAMATION RECOGNIZING AND OBSERVING JUNETEENTH.

Councilmember Hindi presented the proclamation recognizing and observing Juneteenth to Kathryn Haysbert, Kletra Newton, and Marie Davis , representing the San Mateo National Association for the Advancement of Colored People , and Alexis Lewis , representing the Foster City Association of Black Residents.

6.1 6.1 Minutes

8 PROCLAMATION DECLARING JUNE 21, 2023 AS “ASK DAY.”

Councilmember Jimenez presented the proclamation declaring June 21, 2023 as “ASK Day” to Priya Ramachandra, representing the Brady Organization.

PROCLAMATION DECLARING THE WEEK OF JUNE 18-24, 2023 AS “NATIONAL MOSQUITO CONTROL AWARENESS WEEK.”

Vice Mayor Sullivan presented the proclamation declaring the week of June 18-24, 2023 as “National Mosquito Control Awareness Week” to Casey Stevenson and Paul Norton, representing the San Mateo County Mosquito and Vector Control District.

PROCLAMATION DECLAR ING THE MONTH OF JULY 2023 AS “PARKS AND RECREATION MONTH.”

Councilmember Kiesel presented the proclamation recognizing July 2023 as Parks and Recreation Month to Parks and Recreation Committee Chair Fred Baer and Parks Maintenance Worker II Greg Shimizu.

PUBLIC

Evan Adams addressed the Council via email and in person regarding the VB Golf Amendment to the Lease.

Michael Terner addressed the Council in person regarding the San Francisco Peninsula Tourism Marketing District.

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 May 22, 2023;

2. Minutes of City/EMID Regular Meeting of June 5, 2023;

3. City Resolution No. 2023-61, “A Resolution of the City Council of the City of Foster City Approving the Summary Vacation of a Portion of the Public Utility Easement Located on or About the Property Identified as 800 Lincoln Centre Drive (APN 094- 532-440) and Authorizing the Mayor to Execute an Amendment to the Grant of Utility Easement Agreement with Biomed Realty -Lincoln Centre LP and Finding This Activity Exempt Per CEQA Guidelines Section 15061(B)(3), the “Common Sense” Exemption;”

6.1 6.1 Minutes

9 4. City Resolution No. 2023-62, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Sign a School Crossing Guard Agreement with the San Mateo–Foster City School District for the 2023-2024 School Year;”

5. City Resolution No. 2023-63, “A Resolution of the City Council of the City of Foster City Authorizing the Award of a Sole Source Vendor Services Agreement to Samclar, Inc. for the Purchase and Installation of Office Furniture at City Hall for the Government Center Rehabilitation Project (CIP 301 -706) in the Amount of $91,314.38;”

6. City Resolution No. 2023-64, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $15,500.00 from the City’s General Fund to the Police Department’s Budget Account Number 001 -0610-421-4251 for FY 2022-2023 for Six Background Investigations;”

7. City Resolution No. 2023-65, “A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position;”

8. City Resolution No. 2023-66, “A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated June 20, 2023;”

9. EMID Resolution No. 3730, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated June 20, 2023;”

10. City Resolution No. 2023-67, “A Resolution of the City Council of the City of Foster City Approving Compensation Study Changes to the Management Compensation and Benefit Plan, Effective June 1, 2023 and the New Management Compensation and Benefit Plan, Effective July 1, 2023;”

11. EMID Resolution No. 3731, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Compensation Study Changes to the Management Compensation and Benefit Plan, Effective June 1, 2023 and the New Management Compensation and Benefit Plan, Effective July 1, 2023;”

12. City Resolution No. 2023-68, “A Resolution of the City Council of the City of Foster City Approving Updated Job Classifications for Positions Under the Management Compensation and Benefit Plan: Accountant I, Accountant I I, Assistant Engineer, Assistant Finance Director, Assistant Planner, Associate Civil Engineer, Associate Planner, Chief Building Official, City Manager, Communications Director/City Clerk, Communications Manager, Community Development Director, Deputy City Clerk, Director of Public Works, Engineering Manager, Finance Director, Financial Services Manager, Human Resources Analyst, Human Resources Technician, Housing Coordinator, Information Technology Manager, Management Analyst, Parks and Recreation Director, Parks Maintenance Manager, Planning Manager, Police Captain, Police Chief, Police Lieutenant, Police Records Supervisor, Principal Management Analyst, Public Works Maintenance Manager, Public Works Maintenance Superintendent, Recreation Manager, Senior Civil Engineer, Senior Accountant, Senior Human Resources Analyst, Senior Management Analyst, Senior Planner, Sr. Systems Analyst, Technology Analyst I and II;”

13. EMID Resolution No. 3732, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Updated Job Classifications fo r Positions Under the Management Compensation and Benefit Plan: Accountant I, Accountant II, Assistant Engineer, Assistant Finance Director, Assistant Planner,

6.1 6.1 Minutes

10 Associate Civil Engineer, Associate Planner, Chief Building Official, City Manager, Communications Director/City Clerk, Communications Manager, Community Development Director, Deputy City Clerk, Director of Public Works, Engineering Manager, Finance Director, Financial Services Manager, Huma n Resources Analyst, Human Resources Technician, Housing Coordinator, Information Technology Manager, Management Analyst, Parks and Recreation Director, Parks Maintenance Manager, Planning Manager, Police Captain, Police Chief, Police Lieutenant, Police Records Supervisor, Principal Management Analyst, Public Works Maintenance Manager, Public Works Maintenance Superintendent, Recreation Manager, Senior Civil Engineer, Senior Accountant, Senior Human Resources Analyst, Senior Management Analyst, Senior Planner, Sr. Systems Analyst, Technology Analyst I and II;”

14. City Resolution No. 2023-69, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Updated Pay Plan for Fiscal Year 2022 -2023, Effective June 1, 2023 and the Pay Plan for Fiscal Year 2023-2024, Effective July 1, 2023;”

15. EMID Resolution No. 3733, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Updated Pay Plan For Fiscal Year 2022-2023, Effective June 1, 2023, and the Pay Plan For Fiscal Year 2023-2024, Effective July 1, 2023;”

16. City Resolution No. 2023-70, “A Resolution of the City Council of the City of Foster City Approving the First Amendment to City Manager's Employment Agreement;”

17. EMID Resolution No. 3734, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the First Amendment to City Manager's Employment Agreement;”

18. EMID Resolution No. 3735, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Rejecting the Lone Bid, and Authorizing an Increase to the Project Design Contingency by the Amount of $25,000 for the Lift Station 59 Effluent Line Improvements Project (CIP 455 -695) and Finding the Project Exempt Pursuant to CEQA Guidelines Section 15301(B) – Existing Facilities;” and

19. Approval of the Consideration of Letters in Support and Opposition of Various Legislation.

ITEMS REMOVED FROM CONSENT

AGREEMENT FOR THE CITY OF FOSTER CITY IT DIVISION TO PROVIDE

INFORMATION TECHNOLOGY SERVICES TO THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT IN THE AMOUNT OF $41,844 FOR FY 2023 -2024. CITY RESOLUTION NO. 2023-71.

Without objecti on from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of Vice Mayor Sullivan.

Discussion ensued.

6.1 6.1 Minutes

11 Motion by Vice Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -71, “ A Resolution of the City Council of the City of Foster City Authorizing the Execution of an Agreement for the City of Foster City IT Division to Provide Information Technology Services to the San Mateo Consolidated Fire Depar tment in the Amount of $41,844 for FY 2023 -2024 and Authorizing the City Manager to Execute the Agreement.”

CONTRACT AMENDMENT NO. 2 WITH TRIPEPI SMITH AND ASSOCIATES INC. IN THE AMOUNT NOT -TO-EXCEED $70,039.62 FOR STRATEGIC COMMUNICATIONS

AND OUTREACH SE RVICES FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). CITY RESOLUTION NO. 2023-72.

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

Communications Director/City Clerk Schaus presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Mayor Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-72, “A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 2 With Tripepi Smith and Associates Inc. in the Amount Not -to-Exceed $70,039.62 for Strategic Communications and Outreach Services for the Levee Protection Planning and Improvements Project (CIP 327-657).”

GRANTING CONSENT TO THE CITY OF BURLINGAME TO FORM THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT (SFPTMD).

Without objection from the City Council, Mayor Froomin requested to remove this item from the Consent Calendar.

Discussion ensued.

Motion by Vice Mayor Sullivan, and failed due to the lack of a second , to adopt “ A Resolution of the City Council of the City of Foster City, State of California, Granting Consent to the City of Burlingame to Form the San Francisco Peni nsula Tourism Marketing District (SFPTMD).”

NINTH AMENDMENT TO THE LEASE AGREEMENT BETWEEN V.B. GOLF LLC AND THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT . CITY RESOLUTION NO. 2023-73. EMID RESOLUTION NO. 3736.

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

6.1 6.1 Minutes

12 Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan , seconded by Councilmember/Director Jimenez, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -73, “ A Resolution of the City Council of the City of Foster City Approving a Ninth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Mayor to Execute the Ninth Amendment And Finding the Amendment to the Lease Not a Project and if a Project, is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)” and EMID Resolution No. 3736, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Ninth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Mayor to Execute the Ninth Amendment And Finding the Amendment to the Lease Not a Project and if a Project, is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3).”

CONSIDERATION OF LETTERS IN SUPPORT AND OPPOSITION OF VARIOUS LEGISLATION. MINUTE ORDER NO. 1923.

Without objection from the City Council, Mayor Froomin requested to remove this item from the Consent Calendar.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Jimenez, and carried, 4- 1-0, Mayor Froomin voted “no,” adopting Minute Order No. 1923, to sign a letter in support of AB 1657 and letters in opposition of SB 389, AB 460, and AB 1337.

RESOLUTIONS FOR ADOPTION

APPROVAL OF RESOLUTIONS IN CONNECTION WITH GENERAL OBLIGATION

BOND SALE FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT. CITY RESOLUTION NO. 2023-74. CITY RESOLUTION NO. 2023-75.

Mayor Froomin took this item out of agenda order.

Finance Director Suen presented the staff report.

Discussion ensued.

Motion by Vice Mayor Sullivan , seconded by Councilmember Hindi, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -74, “ A Resolution of the City Council of The City of Foster City Providing for the Issuance of Its General Obligation Bonds, Series 2023 (Levee Protection Planning and Improvements Project) In the Principal Amount Not to Exceed $5,000,000.”

6.1 6.1 Minutes

13 Motion by Councilmember Hindi , seconded by Councilmember Kiesel, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -75, “ A Resolution of the City Council of the City of Foster City, California Establishing for Fiscal Year 2023 -24 the Property Tax Rate for G eneral Obligation Bonds, Including Certain Unsold General Obligation Bonds for Fiscal Year 2023-24.”

REPORTS

LEVEE IMPROVEMENTS PROJECT (CIP 327 -657) - MONTHLY GENERAL UPDATE CEQA: AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR THE LEVEE

PROTECTION PLANNING AND IMPROVEMENTS PROJECT (STATE
CLEARINGHOUSE NO. 2016012012). MINUTE ORDER NO. 1924.

Senior Civil Engineer Magno presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel , seconded by Councilmember Jimenez , and carried unanimously, 5-0-0, adopting Minute Order No. 1 924, to receive and accept the Levee Improvements Project (CIP 327-657) - Monthly General Update.

REPORT ON YOUTH SPORTS FIELD USER GROUP FEES AND CHARGES. MINUTE ORDER NO. 1925.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Mayor/President Froomin, seconded by Councilmember /Director Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1 925, to receive and accept the report on youth sports field user group fees and charges.

RESOLUTIONS FOR ADOPTION

APPROVAL OF THE FISCAL YEAR 2023 -24 FINAL CITY/DISTRICT BUDGET . CITY RESOLUTION NO. 2023-76. EMID RESOLUTION NO. 3737.

Finance Director Suen presented the staff report.

Discussion ensued.

Motion by Vice Mayor /Vice President Sullivan, seconded by Councilmember /Director Kiesel, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -76, “ A Resolution of the City Council of the City of Foster City Approving the Fiscal Year 2023 - 24 City Budget” and EMID Resolution No. 3737, “A Resolution of the Board of Directors

6.1 6.1 Minutes

14 of the Estero Municipal Improvement District Approving the Fiscal Year 2023 -24 District Budget.”

CONTRACT AMENDMENT NO. 5 WITH SCHAAF & WHEELER CONSULTING CIVIL

ENGINEERS FOR PHASE III SERVICES FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). CITY RESOLUTION NO. 2023-77.

City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Vice Mayor Sullivan , seconded by Councilmember Kiesel, and carried unanimously, 5 -0-0, adopting City Resolution No. 2023 -77, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Five (5) in the Amount of $388,000 With Schaaf & Wheeler Consulting Civil Engineers for Phase III Services for the Levee Protection Plann ing and Improvements Project (CIP 327-657) and Finding That This is Consistent With the Certified an Environmental Impact Report That Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).”

COMMUNICATIONS

CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager Chatwin thanked Deputy City Attorney Mariam Sleiman for being present at the council meeting in place of our City Attorneys. He also recognized City staff for all the work they have been doing.

Councilmember/Director Hindi stated he attended San Francisco Airport Community Roundtable board meeting on June 7 where they reviewed the FAA Noise Policy. On June 19, he attended the Juneteenth celebration held by the Foster City Association of Black Residents. On June 20, he attended a Noise 101 training for members of the San Francisco Airport Community Roundtable and the public.

Vice Mayor/Vice President Sullivan stated that he at tended the C ommunity and Legislative Networking Cocktail event on June 8 at the San Mateo County Fair. On June 6, he attended San Mateo Consolidated Fire Department Board of Directors meeting. On June 12, he attended the Joint Powers Authority Library Governing Board meeting where they discussed the budget , employment, and their mobile services . On June 15, h e

6.1 6.1 Minutes

15 attended the Planning Commission meeting and the San Francisco Peninsula Partner Mixer at the Filoli Historic House & Garden in Woodside.

Councilmember/Director Jimenez stated that she attended the City/County Association of Governments meeting on June 8 where the San Mateo Countywide Water Pollution Prevention Program presented on water pollution prevention. She encouraged the public to visit https://www.flowstobay.org/ for more information. On June 15, she attended the Commute.org board meeting. O n June 16, she attended the San Mateo -Foster City School District 2nd Annual Partners Luncheon where our Parks and Recreation Department and the Foster City Sister City Association received awards for their work in collaborating with the School District. She also congratulated all the 2023 graduates for their accomplishments.

Councilmember/Director Kiesel stated that he attended the Parks and Recreation Committee meeting on June 6 and attended a presentation on playground safety by our Parks and Recreation staff.

Mayor/President Froomin thanked Deputy City Attorney Mariam Sleiman for being present at the council meeting. He acknowledged the antisemitic graffiti on the Peninsula Sinai Congregation Temple in Foster City and stated it’s important to speak out against hate in the community. On June 16, he attended the San Mateo-Foster City School District 2nd Annual Partners Luncheon. On June 19, he made opening remarks at the Juneteenth event with the Foster City Association of Black Residents . He also noted the Foster City 4th of July celebration is a time for the community to come together and looks forward to the event.

Councilmember/Director Hindi requested a proclamation for the City of Foster City standing united against hate recognize that Foster City does not tolerate any kinds of hate in the community.

ADJOURNMENT

Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:09 p.m.

6.1 6.1 Minutes

16 DATE: July 17, 2023

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

FROM: Sofia Mangalam, Community Development Director
Prabath Silva, Chief Building Inspector
DEPARTMENT: Community Development
SUBJECT: MASTER SERVICES AGREEMENT WITH 4LEAF, INC. AND WEST COAST CODE CONSULTANTS, INC. (WC3) FOR

PROFESSIONAL ON-CALL CONSULTANT SERVICES FOR
BUILDING INSPECTION AND PERMIT SUPPORT SERVICES;
APPROVING THE APPRORIATION OF $150,000 TO ACCOUNT
NO. 001-0820-424-42-51 FOR BUILDING INSPECTION AND

PERMIT SUPPORT SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to enter into Master Services Agreements with 4LEAF, Inc. and West Coast Code Consultants, Inc. (WC3) for professional on-call consultant services in amounts not to exceed $75,000 each for building inspection and permit support services and without limitation for certain plan check fees that will be payable directly by the applicant; approving the appropriation of $150,000 to Account No. 001-0820-424-42-51 for building inspection and permit support services; and finding approval of the Agreements exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3).

EXECUTIVE SUMMARY
On June 5, 2023, staff requested City Council authorization to issue Request for Proposals (RFP) for an on-call consultant services to augment Building Division staff of

6.2 6.2 Staff Report

17 CDD. Upon approval from the City Council, an RFP was issued on June 6, 2023, with a due date of June 27, 2023. Staff received a total of four (4) responses, including WC3, Shums Coda Associates (SCA), CSG Consultants (CSG), and 4Leaf, Inc.

Upon review of the proposals from the firms that responded to the RFP, staff recommends that the City Council execute Master Services Agreements with 4Leaf, Inc. and WC3 in an amount not to exceed $75,000 each for building inspection and permit support services and without limitation for certain plan check fees that will be payable directly by the applicant.

BACKGROUND
Currently, the Building Division is staffed by one (1) Chief Building Official, one (1) Plan Examiner, two (2) Inspectors, and two (2) Permit Technicians. The staffing levels, although adequate, can present a challenge during staffing vacancies, the amount of time taken to fill a vacant position, and staff absences due to vacation, training, and/or illness.

Under such circumstances, staff must either postpone or reschedule inspections or delay plan checking, affecting service delivery levels to our customers. Thus, staff determined that adding on-call consulting services would be helpful to provide coverage and ensure that the service is not interrupted.

In addition, Assembly Bill 2234 (AB 2234) recently came into effect (on January 1, 2023), which requires that cities and counties must review building permit applications for completeness within 15 business days and complete an initial review within either 30 business days (for projects of 25 units or less) or 60 working days (for larger projects). If the local agency does not provide notice of a complete or incomplete application within 15 business days, the application will be deemed complete. In addition to AB 2234, there are several other bills that mandate streamlined review and shorter processing timelines including review of Wireless Communications Facilities permits, ADU permits, Solar energy systems, certain housing projects, etc.

The state mandated requirements related to permit streamlining and anticipated new construction projects, including Gilead’s new lab buildings and housing development projects, which might further strain available staff, potentially leading to delays and service interruptions. Staff would use on-call consultants to augment Building Division staff to manage workload, and meet the demands of new construction projects and deadlines.

ANALYSIS
On June 5, 2023, staff requested authorization from the City Council to issue an RFP for professional on-call building services for the Building Division of the CDD. Upon authorization from the City Council, City staff issued an RFP on June 6, 2023 with a due date for proposals/response by June 27, 2023.

6.2 6.2 Staff Report

18 The RFP was advertised in following ways soliciting responses to the scope of work for Professional on-call Building Services:

1. Sent to consulting firms via email – June 6, 2023; and

2. Posted on City’s RFP webpage – June 6, 2023.

Staff received four (4) responses to the RFP, including, WC3, CSA, CSG, and 4Leaf, Inc., and evaluated the proposals based on the fee proposal, personnel resumes and work experience. Based on their experience and expertise, Staff selected WC3 and 4Leaf, Inc. to recommend to the City Council for on-call building division support services and conducted reference checks prior to finalizing. All the references verified the selected firms’ ability to provide professional services.

It shall be noted that for building inspection and permit support services, the fee charged would be based on an hourly rate for personnel assigned as included in the Master Agreement. However, for certain plan checks/reviews, the fee charged would be on fixed percentage basis and these fees will be paid directly to the consultant by the applicant.

This is a common practice in most cities for plan check support services, where the consultants are paid a portion of the fees, usually 65% or 70%, and the city receives the remainder of the plan check fees. Plan check fees are paid at the time of permit submittal and the remaining fees, including building permit fees, General Plan, Title 15 Building, and Title 17 Zoning Ordinance Maintenance Fees etc., are paid at the time of issuance of the permit.

Staff is recommending that City Council authorize the execution of Master Services Agreements with each consultant. Once approved, staff would then issue Task Orders to the appropriate consultant, pursuant to the terms of the Master Services Agreements, when the need arises.

The on-call consultant services will help manage staff absences, meet the demands of new construction projects, and ensure consistent and efficient service delivery to the Foster City community including, residents and businesses.

California Environmental Quality Act
The issuance of an RFP is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption(14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT
The Master Agreements for professional on-call consultant services include building inspection, on-call permit support services, and plan reviews. There will be no fiscal impact for Plan review services as the partial fixed percentage fee based on City’s Master Fee Schedule would be paid directly by the applicant to the consultant.

However, for the Building inspection and permit support services, staff is requesting an

6.2 6.2 Staff Report

19 appropriation of $150,000 to the Account No. 001-0820-424-42-51 from the General Fund Reserve.

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

Attachment 1 – Resolution
Attachment 2 - Agreement with 4LEAF, INC.

Attachment 3 – Agreement with West Coast Code Consultants, Inc.

Attachment 4 – Proposal from 4LEAF, INC.

Attachment 5 – Proposal from West Coast Code Consultants, Inc.

6.2 6.2 Staff Report

20 1
0 3
3 RESOLUTION NO. _______

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

AUTHORIZING THE MAYOR TO ENTER INTO A MASTER SERVICES AGREEMENT WITH 4LEAF, INC, AND WEST COAST CODE CONSULTANTS, INC (WC3) FOR

PROFESSIONAL ON-CALL BUILDING SERVICES IN AMOUNTS NOT TO EXCEED $75,000 EACH FOR BUILDING INSPECTION AND PERMIT SUPPORT SERVICES

AND WITHOUT LIMITATION FOR CERTAIN PLAN CHECK FEES THAT WILL BE PAYABLE DIRECTLY BY THE APPLICANT; APPROVING THE APPRORIATION OF $150,000 TO ACCOUNT NO. 001-0820-424-42-51 FOR INSPECTION AND PERMIT SUPPORT SERVICES; AND FINDING APPROVAL OF THE AGREEMENTS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES 15061(b)(3)

CITY OF FOSTER CITY
WHEREAS, the Building Division of the Community Development Department (CDD) is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations;
WHEREAS, the Building Division consists of six (6) full time employees, is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations;
WHEREAS, to enhance service delivery, continuity, flexibility, cost-effectiveness, and customer satisfaction, it is necessary to supplement the current staff with on-call inspection and plan review services;
WHEREAS, on June 05, 2023, the City Council authorized the request to issue an RFP for on-call consultant services for the Building Division; WHEREAS, upon the approval of the City Council, an RFP was issued on June 06, 2023, and four (4) responses were received by the due date of June 27, 2023, including proposals from West Coast Code Consultants, Inc.(WC3), Shums Coda Associates (SCA), CSG Consultants (CSG), and 4Leaf, Inc.; WHEREAS, upon review of the proposals, the City staff found that all the firms were qualified and recommended the selection of 4Leaf and WC3 based on their fee proposal, personnel resumes, and work experiences;
WHEREAS, all references verified the selected firms’ ability to provide professional services;
WHEREAS, the agreements for on-call building services include building inspection, permit support services, and plan reviews;

6.2 Attachment 1 - Resolution

21 1
0 3
3 WHEREAS, plan check services to be provided by the consultant are specified as the partial fixed percentage fee based on City’s master fee schedule and would be paid directly by the applicant to the consultant;
WHEREAS, for the inspection and permit support services, staff is requesting an appropriation of $150,000 to the Account No. 001-0820-424-42-51; WHEREAS, the on-call services provided by 4Leaf, Inc. and West Coast Code Consultants, Inc. will help manage staff absences, meet the demands of new construction projects, and ensure consistent and efficient service delivery to the Foster City community including, residents and businesses.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Foster City resolves as follows:

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

2. The Council hereby authorizes the Mayor to execute the Master Services Agreements with 4Leaf, Inc. and West Coast Code Consultants, Inc. for professional on-call building services in an amount not to exceed $75,000 each for building inspection and permit support services, and without limitation for certain plan check fees that will be payable directly by the Applicant, subject to final review and approval by the City Attorney.

3. The Council hereby authorizes the appropriation of $150,000 to the Account No. 001- 0820-424-42-51 for building inspection and permit support services from The General Fund Reserve
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on this 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

22 4887-9204-2585 v1

MASTER SERVICES AGREEMENT
FOR

PROFESSIONAL ON-CALL BUILDING SERVICES

This Agreement is made and entered into as of the 18th day of July, 2023 by and between the City of Foster City hereinafter cal led "CITY " and 4Leaf, Inc. hereinafter called "CONSULTANT".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence on July 18, 2023 and shall expire on June 30, 202 4. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. ( c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage

6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

23 4887-9204-2585 v1
and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed seventy -five thousand dollars ($75,000). Invoices for amounts in excess of seventy-five thousand dollars ($75,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial

6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

24 4887-9204-2585 v1
progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

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

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience

6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

25 4887-9204-2585 v1
and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

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

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

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

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

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

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers,

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

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

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

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

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

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

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maint ain in surance for a minimum of five (5) years following completion of this project or service. In

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

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

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

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

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

CONSULTANT: 4Leaf Inc.
2126 Rheem Drive
Pleasanton, CA 94588
[email protected]

Attention: Kevin J. Duggan

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

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

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

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

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

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

22. Liability of CITY.

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

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages,

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lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

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

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

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

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

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

CITY OF FOSTER CITY

Dated: _________________________________ Jon Froomin, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONSULTANT

Dated:

Kevin J. Duggan, President, 4LEAF

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EXHIBIT A

Services shall commence on July 18, 2023 and terminate on June 30, 2024 unless otherwise extended in a written agreement by the parties.

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6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

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6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

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EXHIBIT B

FEE SCHEDULE

Plan Review Cost Structure:

Plan Review percentage: 65% paid by directly by the applicant to 4LEAF, Inc.

Structural Only Review percentage: 35% paid directly by the applicant to 4LEAF, Inc.

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EXHIBIT C

INSURANCE FORMS

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 18, 2023, by and between 4LEAF, Inc., hereinafter referred to as " Consultant”, and the City of Foster City , hereinafter referred to as "City", providing for professional services.

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

1.1 Insurance Requirements

Commercial General Liability Insurance

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

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

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☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

☒ Professional Liability Insurance

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self -insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements requir ed above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.

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

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

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

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

3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

EXHIBIT C

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

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ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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

This COVID-19 Amendment/Attachment amends the Agreement between (“City”) and 4 LEAF (“Consultant”) dated July 18, 2023.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

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

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

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

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

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

[Signatures on Next Page]

6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

45 4887-9204-2585 v1

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.2 Attachment 2 - Agreement with 4LEAF, Inc. (Updated as of July 13, 2023)

46 MASTER SERVICES AGREEMENT
FOR

PROFESSIONAL ON-CALL BUILDING SERVICES

This Agreement is made and entered into as of the 18th day of July, 2023 by and between the City of Foster City hereinafter called "CITY" and West Coast Code Consultants, Inc. (WC-3). hereinafter called "CONSULTANT".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence July 18, 2023 and shall expire on June 30 , 2024 by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CIT Y for all loss, cost, expense, damage

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of seventy-five thousand dollars ($75,000). Invoices for amounts in excess of seventy-five thousand dollars ($75,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

48 progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

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

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

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

49 complexity of the Services working on similar, successfully completed projects.

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

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

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

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

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

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

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

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

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

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

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

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maint ain in surance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

51 coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

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

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

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

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

CONSULTANT: West Coast Code Consultants, Inc. (WC3)
417 Grand Avenue, #201
South San Francisco, CA 94080
[email protected]

Attention: Donald Zhao

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

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

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

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

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

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

22. Liability of CITY.

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

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages,

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

53 lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

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

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

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

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

54 25. Entire Agreement . This Agreement, including Exhibit s A , B , C, and D comprises the entire Agreement.

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

CITY OF FOSTER CITY

Dated: _________________________________ Jon Froomin, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONSULTANT

Dated:

Donald Zhao, Vice President/Regional Manager

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

55 EXHIBIT A

Services shall commence on July 18, 2023 and terminate on June 30, 2024 unless otherwise extended in a written agreement by the parties.

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

56 6.2
Attachment 3 - Agreement with West Coast Code Consultants, Inc

57 6.2
Attachment 3 - Agreement with West Coast Code Consultants, Inc

58 6.2
Attachment 3 - Agreement with West Coast Code Consultants, Inc

59 6.2
Attachment 3 - Agreement with West Coast Code Consultants, Inc

60 EXHIBIT B - FEE SCHEDULE

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

61 6.2
Attachment 3 - Agreement with West Coast Code Consultants, Inc

62 EXHIBIT C

INSURANCE FORMS

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 18, 2023, by and between West Coast Code Consultants, Inc. (WC -3), hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as " City", providing for professional services.

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

1.1 Insurance Requirements

Commercial General Liability Insurance

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

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

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

63 ☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shal l be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

☒ Professional Liability Insurance

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

64 written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self -insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements requir ed above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.

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

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

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

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

3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

66 ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

This COVID-19 Amendment/Attachment amends the Agreement between (“City”) and West Coast Code Consultants, Inc. (WC-3) (“Consultant”) dated July 18, 2023.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

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

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

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

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

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

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

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

[Signatures on Next Page]

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

6.2 Attachment 3 - Agreement with West Coast Code Consultants, Inc

70 JUNE 27, 2023
TO THE

PROPOSAL TO PROVIDE

CITY OF FOSTER CITY

ON-CALL BUILDING SERVICES
Submitted by:

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

71 SECTION 2

COVER LETTER

APPROACH

REFERENCES

FIRM EXPERIENCE

TABLE OF CONTENTS
3-5

1-2SECTION 1
SECTION 4 15-22 27-30SECTION 6
SECTION 3

FIRM UNDERSTANDING & QUALIFICATION
SECTION 5

FEE SCHEDULE
6-14
23-26

ACKNOWLEDGEMENT OF

CITY'S AGREEMENT
31SECTION 7

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

72 TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

COVER LETTER
SECTION 1

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

73 Code Enforcement • Construction Management • Inspection • Plan Check • Planning

2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 City of Foster City June 27, 2023 Community Development Department
610 Foster City Boulevard
Foster City, CA 94404
ATTN: Prabath Silva, Chief Building Official

RE: Proposal to Provide On-Call Building Services to the City of Foster City.

Dear Mr. Silva,

4LEAF, Inc. (4LEAF), a California “C” Corporation, is pleased to present our proposal to provide On-Call Building Services to the City of Foster City (City). 4LEAF is a full-service firm and we have been providing professional consulting services to over 350 clients throughout California, for more than 22 years. We expand our services organically as industry and client needs fluctuate and have become an industry leader over the years. We have the staff available to accomplish this scope and look forward to the opportunity to provide the requested services to the City. 4LEAF is the ideal choice for the following reasons:

 Familiar & Local Consultant
4LEAF has been providing the City of Foster City with Building Inspection and Planning as -needed services since 2021. As such, we can adapt our staff to the City’s projects with ease and would be humbled to extend our services to the City. We have experienced local personnel available to service the City’s project and staffing needs. 4LEAF provides services to various clients throughout Northern California including, but not limited to:
• City of Half Moon Bay
• City of San Mateo
• City of Daly City
• City of Palo Alto
• City of Hollister
• City of Newark
• City of Fremont
• City of San Jose
• City of Santa Clara
• County of San Mateo
• County of San Jose
• County of Santa Clara

 Full-Service Firm
As a full-service firm, 4LEAF can provide departmental services to aid with high project workloads that require additional staff assistance. We provide jurisdictions with Building Plan Review, Inspection, and Permitting services and have the qualified staff available to serve the City with remote, on-site, part- time, or full-time project needs. For the scope of this contract, our services include:
o Inspection: We have over 200 inspectors on staff who specialize in Residential, Commercial, Industrial, Energy, Fire, ADA, Solar, and Public Works projects. We have a track record of providing inspectors as-needed for long- or short-term projects, including one day as signments to cover staff training, sick days, vacation days, or spikes in permit activity. o Permitting: 4LEAF’s pool of talented professionals includes qualified and experienced permit technicians capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. o Plan Review:
4LEAF is an industry leader in Plan Review services and has a team of Structural Engineers, Accessibility Specialists, and Mechanical/Electrical/Plumbing/Fire Plans Examiners. We

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

74 Proposal to Provide On-Call Building Services to the City of Foster City.

2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 provide courier services that guarantee less than 24-hour pickup and delivery of all plan reviews performed off-site, and we also offer electronic and expedited plan review services upon request. o Code Enforcement: We are currently performing code enforcement services throughout the Bay Area. In addition to staff augmentation assignments (Code Technician through Director level) we are also providing program related services including rental housing, lead paint, short -term rentals, vendor enforcement, vacant lot programs, and blight and nuisance enforcement.

 Leadership
The contract with the City of Foster City will be managed by Craig Tole and Frank Luna, CBO (Plan Check). Both Craig and Frank have more than 20 years of industry experience and have implemented policies and procedures in many jurisdictions . They will be available to the City to discuss project needs, staff requests, and contractual details.

 Contact
Project Manager/Director of
Development Services
Project Manager/Plan Check
Services
4LEAF, Inc.

Headquarters
Craig Tole
Office: (925) 462-5959
Cell: (925) 580-4055
Email: [email protected]
Frank Luna, CBO
Office: (925) 462-5959
Cell: (925) 351-2148
Email: [email protected]
2126 Rheem Drive
Pleasanton, CA 94588
Office: (925) 462-5959
Website: 4LEAFINC.COM

We appreciate this opportunity to present our proposal and look forward to hearing back from the City .

Should you have any questions, please do not hesitate to reach out using the contract information above.

Respectfully submitted,

Craig Tole Frank Luna, CBO Director of Development Services Project Manager

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

75 TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

FIRM'S EXPERIENCE
SECTION 2

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

76 Proposal to Provide On-Call Building Services to the City of Foster City. Page 3 Section 2: Firm’s Experience June 27, 2023 SECTION 2: FIRM’S EXPERIENCE
4LEAF is well- equipped to provide each service (Plan Review, Inspection, and Permitting) without the use of subconsultants and has successfully worked with 350+ municipalities throughout the country for over 22 years.

As such, we have tried -and-true methodologies and quality control processes that ensure a project’s success, including regular meetings and communication with clients throughout each stage. Additionally, 4LEAF has seasoned Plans Examiners, Plan Review Engineers, Building and Fire Inspectors, and Permit Technicians on staff to assist with the City’s needs, no matter the project or timeline.

Management Team

Office Locations
Bay Area - Headquarters
2126 Rheem Drive
Pleasanton, CA 94588

Newport Beach
5140 Birch Street, 2
nd Floor
Newport Beach, CA 92660

San Bernardino
424 E. Vanderbilt Way, Suite A
San Bernardino, CA 92408

San Diego
402 West Broadway, Suite 400
San Diego, CA 92101

Sacramento
8896 North Winding Way
Fair Oaks, CA 95628

Santa Cruz
701 Ocean Street
Santa Cruz, CA 95060

Washington
1201 Pacific Avenue, Suite 600
Tacoma, WA 98402

4LEAF Consulting, LLC
125 E. Reno Ave., Suite 3
Las Vegas, NV 89119

New England
132 Central St., Suite 210
Foxboro, MA 02035
Professionals
Title # of Staff Title # of Staff
ICC Certified Plans Examiners 40+ ICC Certified Inspectors & IORs 200+ ICC Certified Building Officials 40+ Registered Architects 5 Registered Engineers (PE, SE) 20+ ICC Permit Technicians 60+ Code Enforcement Staff (PC832) 25+ CASp 7 Construction Managers/Inspectors 40+ Fire Plans Examiners & Inspectors 30+ PM/Director of Development Services: Craig Tole
Phone: (925) 580-4055
Email: [email protected]
PM/Plan Check Services: Frank Luna, CBO
Phone: (925) 351-2148
Email: [email protected]
Director of Fire Services: Mike Renner, CBO
Phone: (925) 785-3581
Email: [email protected]
Director of Jurisdictional Services: Raylee Glasser, CBO Phone: (925) 708-4209
Email: [email protected]
Director of Inspection Services: Mike Leontiades, CBO
Phone: (925) 708-4209
Email: [email protected]
Director of Code Enforcement: Cecilia Muela
Phone: (925) 200-7352
Email: [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

77 Proposal to Provide On-Call Building Services to the City of Foster City. Page 4 Section 2: Firm’s Experience June 27, 2023
Mission
4LEAF strives to be the best firm by providing our clients with outstanding customer service and first- rate services. We put our philosophy into action by building client relationships and prioritizing the needs of our clients—this has led us to become an industry leader in providing Building & Fire Life Safety Services to both public and private clients. We have worked with municipal departments in the construction, rehabilitation, and repair of public and private buildings and have partnered with design review and preservation boards to determine building improvement criteria and associated project requirements. We have a depth of experience in working with all types of building structures and have performed Inspection and Plan Review services on more than $50 billion dollars in construction throughout the past 22 years.

We have provided plan review and inspection services for thousands of residential projects, tenant improvements, and complex commercial projects including Cannabis facilities office campuses, parking garages, hotels/resorts, transportation facilities, city/county -owned buildings, universities, hospitals, sports arenas, infrastructure, essential service facilities, solar projects, and laboratories. In addition, our team has performed inspections and plan reviews for public and private building structures for compliance with life -safety and Americans with Disabilities Act (ADA) accessibility requirements.

Our plan review, inspection, and staff augmentation services include on-call and project-specific work. Whatever the need, we can deliver. 4LEAF has a p roven track record of reviewing and inspecting projects of all sizes and complexities including:

Type B Commercial Construction Refinery Facilities Laboratories City/County-Owned Facilities Site Work Power & Energy
Large Campuses Waterfront Marijuana Facilities
Fire Recovery Services Multi-Family Projects Military Projects Stadiums/Arenas Healthcare Facilities Essential Service Facilities Commercial Office Parks Transportation Facilities Detention Facilities

Mixed-Us e Experience
4LEAF is uniquely qualified to work on mixed-use projects of any size. Our team completed the Plan Review and Project Inspections for the entire $2.6 billion Wynn Casino project on behalf of the City of Everett, MA where we comprised a team of Building Inspectors, Plans Examiners, and Permitting Specialists. 4LEAF also provided the Plan Review and Inspection services for the $6 billion Apple Campus 2 Corporate Headquarters in the City of Cupertino, CA, Palo Alto Public Safety Building, Stockton Homeless Shelter, and the entire PDU program encompassing 18 projects for the County of San Mateo.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

78 Proposal to Provide On-Call Building Services to the City of Foster City. Page 5 Section 2: Firm’s Experience June 27, 2023

We have the resources to deploy staff to any state and as you can see in the limited examples listed above, we have provided services all over the country. Our team is well-equipped and qualified to perform services for any project and in any location. By choosing 4LEAF, you are choosing a company that prides itself on quality work, top-notch customer service, experienced staff, and a multitude of project experience. Please review our scope of services and project examples in the sections that follow to gain more understanding about our firm and how we can help achieve the City’s project goals.

Snapshot of Services

Plan Review Inspection Permitting
• LEED Accredited Professionals
• Inspectors of Record
• Program Analysis & Studies
• Correcting Code Deficiencies
• Investigating Complaints
• Violation Issuance
• Jurisdictional Inspectors
• ICC-certified Plan Reviewers
• Certified Accessibility Specialists
• ICC-certified Building Officials
• Complete Building Dept. Services
• On- and Off-Site Plan Review
• Property Condition Surveys
• Industrial, Energy, & Solar Plan
Review and Inspections
• Inspectors of Record.
• Investigating Complaints
• Jurisdictional Inspectors
• ICC-certified Building Officials
• Certified Accessibility Specialists
• Complete Building Dept. Services
• Violation Issuance
• Annual Business Inspections
• Complete Fire Prevention Services
• Fire Alarm/Sprinkler Inspections
• Hazardous Materials Inspections
• LEED Projects
• Certified Access Specialist
• Construction Inspection
• OSHPD and DSA IOR
• Solar Permitting
• Intake of plans
• Routing for plan review
• Assignment management
• Hosting page turn sessions
• Virtual permit technician services
• Prepare approval packages
• Inspection scheduling
• Program management
• Application Processing
• Developing Submittal Forms
• Property Research
• Public interface
• Special events permits
• Over-the-counter reviews

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

79 TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

FIRM'S UNDERSTANDING AND

QUALIFICATION
SECTION 3

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

80 Proposal to Provide On-Call Building Services to the City of Foster City. Page 6 Section 3: Firm Understanding & Qualifications June 27, 2023 SECTION 3: FIRM’S UNDERSTANDING AND QUALIFICATIONS
Our extensive team of professionals are fully equipped with the training and experience to provide complete professional consulting services including P lan Review, I nspection, Code Enforcement, and Permit Processing Services to municipal Building and Community Development Departments. Our goal is to set the industry standard for excellent customer service, and we have grown to nearly 400 personnel (including more than 200 Building Inspectors) throughout California, Oregon, Washington, Nevada, and New England.

Management Team
As your consultant, 4LEAF understands that our role is to advocate on behalf of City of Foster City and represent the City’s best interests. 4LEAF’s team will function as an extension of your staff, seamlessly integrating with the personnel and practices established by the City while adding the perspective and expertise that only 4LEAF can offer. Our goal, which we have successfully accomplished on previous clients’ projects, is to integrate our staff with yours and be accepted as an essential part of the City. Our team includes:

Craig Tole – Project Manager / Director of Development Services Craig has been the Director of the 4LEAF’s Development Services team for the past 17 years under the supervision of the Vice President of Engineering and the company President.

Among Craig’s responsibilities include the day-to-day contact with many of 4LEAF’s clients in the Building & Safety, Engineering, and Construction Management industries. Craig has successfully managed a multitude of inspection projects ranging from $1 million to $6 Billion and manages the Inspector of Record program on behalf of the firm.

Office - (925) 462-5959 | Cell - (925) 580-4055 | Email - [email protected]

Frank Luna, CBO – Project Manager / Plan Check Services Frank has more than 30 years of experience in the building inspection and construction industry, with an extensive background in all aspects of a project’s scope and lifecycle. He has worked on construction projects such as commercial tenant improvements, schools, hospitals, large-scale industrial, and residential remodels, among many others. Frank has acted in the capacity of Inspection Manager and is currently facilitating the plan review scope of services.

Office - (925) 462-5959 | Cell - (925) 351-2148 | Email - [email protected]

Michael Renner, CBO – Director of Fire Services
Michael is a highly experienced ICC-certified Building Official with extensive administration and management experience. He has successfully guided Development Department staff in inspection and plan review through all phases of complex and capital- intensive projects for municipalities throughout the country. He is experienced utilizing Development Department permitting software and directing all departmental responsibilities including plan review, multi-discipline inspections, office and field supervision, regulatory compliance, code interpretation, and project acceptance.

Office - (925) 462-5959 | Cell - (925) 785-3581 | Email - [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

81 Proposal to Provide On-Call Building Services to the City of Foster City. Page 7 Section 3: Firm Understanding & Qualifications June 27, 2023 Plan Review Scope
4LEAF works with the majority of the Bay Area in a 3 rd party plan review role. All reviews are performed in accordance with the latest versions of the codes adopted by the jurisdiction and the California Code of Regulations Title 24, as adopted by the City. 4LEAF’s plan review options include:
 Full Plan Rev iews: Most of 4LEAF’s reviews are a comprehensive review of all disciplines involved in a project including Structural, Architectural, Mechanical, Electrical, Plumbing, Accessibility, Energy, and Green Codes. In addition, 4LEAF has the capacity and qualifications to perform Civil and Fire reviews with our talented Fire Protection Engineers and Registered Engineers specializing in Civil design.  Structural Only Reviews: 4LEAF’s team of Structural Plans Examiners (Licensed SE’s) will review the structural plans for compliance with the latest versions of the California Building Codes (Title 24) as adopted by the City.
 On-Site Reviews: Upon request, 4LEAF can provide any level of plan reviewer on-site including Structural and Non-Structural disciplines. These requests can include full-time or part-time personnel to work over the counter or to meet with project stakeholders to discuss their projects details.

Customer Service (Availability to Applicants and City Personnel) 4LEAF’s Plan Review team will be available to meet with City stakeholders and Applicants upon request. Our contact information is listed on each comment letter. Page -Turn Sessions are available in person o r virtually for larger projects to highlight critical items which allows our lead reviewers to work hand -in-hand with Design professionals in a collaborative process to help expedite the turn-around times for the review process.

Plan Review Team

Raylee Glasser, CBO – Plan Review Manager
Raylee is an ICC Certified Building Official, Residential Building/Fire/Plumbing Inspector, Plans Examiner, and Permit Technician with ICC. With 18+ years of Municipal Building Department experience, Raylee has p romoted throughout the ranks of the Building Department from Permit Technician to Permit Center Manager, and now Building Official. Raylee also created 4LEAF’s internal EZPlan Review Portal used by our clients and spearheaded the creation and implementation of our process improvement scope. Raylee manages the entirety of 4LEAF’s plan review team which is comprised of more than 25 Engineers and more than 60 Plans Examiners

Office - (925) 462-5959 | Cell - (925) 708-4209 | Email - [email protected]

Scott Martin, PE – Plan Review Quality Control Manager
Scott is a licensed engineer with 22+ years of structural engineering experience and has performed a multitude of plan reviews for many different disciplines including OSHPD 3, DSA Projects, and various municipal reviews for clients throughout California. Scott’s day -to-day activities include the review of plans submitted to local jurisdictions, creation and submission of plan check letters, and constant communication with all project stakeholders. In addition, Scott is often tasked with the education of building code to applicants.

Office - (925) 462-5959 | Cell - (559) 369-4045 | Email – [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

82 Proposal to Provide On-Call Building Services to the City of Foster City. Page 8 Section 3: Firm Understanding & Qualifications June 27, 2023 Supporting Staff – Accessibility and MWELO Review

David Rashe, CBO, CASp – MWELO & MEP Plans Examiner
David is a dedicated and proficient code professional with more than 28 years of experience working within Northern California Building Departments. David has held various positions in the building department industry including the positions of Chief Building Official, Permit Center Manager and Program Coordinator. As a Building Official David successfully managed the annual building division budget to include monthly activity and reconciliation and oversaw the daily operations in the Permit Center and the Building Division to include the permit technician, plan review, inspection, code enforcement, and building division administrative support staff.

Office - (925) 462-5959 | Cell - (925) 548-9239 | Email - [email protected]

Beng Low, SE – Senior Structural Engineer
Beng is a registered Structural and Civil Engineer with more than 30 years of experience in the analysis and design of multi-story buildings including schools, commercial, industrial, and residential. His experience in the design of various structural systems includes special reinforced concrete shear walls, steel special moment frames, steel special concentrically braced frames, steel buckling-restrained braced frames, and wood-frame shear walls. He has extensive experience in response spectra dynamic analysis, seismic design, and seismic retrofit design.

Office - (925) 462-5959 | Cell - (925) 393-8228 | Email - [email protected]

Rich Deal, P.E., T.E., P.T.O.E.– Civil Engineering/Traffic Engineering Manager Rich is an experienced engineer whose professional and academic background includes over 35 years of traffic and civil engineering knowledge. He is proficient in all types of traffic operations, capital improvement projects, traffic control plans, and providing design oversight. As demonstrated in his work experience, Rich has held varying positions within the field of traffic engineering, each of which provided him with an increased level of responsibility and expertise.

Office - (925) 462-5959 | Cell - (831) 915-4199 | Email - [email protected]

Nicholas Tran, FPE, ME – Fire Protection/Plan Review Engineer As a professional Fire Protec�on Engineer and Mechanical Engineer, Nicholas applies both theore�cal analysis and hands-on experience to the work he is assigned, ensuring successful outcomes with well-developed design and project management skills. He puts an emphasis on crea�ve solu�ons and is a highly effec�ve communicator who can develop and publish policies and procedures for execu�ve level staff, while also giving direc�on to technicians in the field. Nicholas understands and interprets codes and standards to create an efficient and safe work environment. He is a mo�vated team player who successfully adapts to varying projects, jurisdic�ons, and teams.

Office - (925) 462-5959 | Cell - (408) 426-6683 | Email – [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

83 Proposal to Provide On-Call Building Services to the City of Foster City. Page 9 Section 3: Firm Understanding & Qualifications June 27, 2023 Building Inspection Scope
With more than 200 Building Inspection personnel to service the City of Foster City, 4LEAF is uniquely qualified to perform as-needed Building Inspection Services at the request of the Chief Building Official. 4LEAF can perform inspections per all aspects of the California Building Code including the Title 24 series that consists of the California Administrative Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Fire Code, California Existing Building Code, California Green Building Standards Code, and the California Referenced Standards Code.

All scheduling of inspections will be scheduled through our Director of Inspection, Mike Leontiades. All inspection requests can be emailed or texted to Mike, and he will confirm placements same day. Mike can handle all forms of request, including:
 Full-time placements
 Part-time placements
 Next day inspection requests
 Specialist requests including Electrical, CASp, etc.

Building Inspection Team

Mike Leontiades, CBO – Director of Inspection
Mike is an ICC Certified Building Inspector and a proven leader with over 40 years of construction skills and knowledge, plus 16 years of responsible experience in local government. Mike is self-motivated and driven to provide excellent customer service delivery and is proficient at coordinating and leading team s to benefit mutual growth and success.

Mike also possesses the knowledge to examine plans and inspect for code compliance for Residential and Commercial projects to ensure conformance with California Building, Mechanical, Plumbing, Electrical, Energy Codes and Green Building Standards, regulations & ordinances.

Office - (925) 462-5959 | Cell - (925) 681-8842 | Email - [email protected]

Nick Henderson, CBO – Senior Combination Building Inspector With more than 20 years of experience, Nick is one of 4LEAF’s key Senior Inspectors. Nick is instrumental in assisting jurisdictions with any level of inspections and also will help train up and coming inspectors at 4LEAF and/or a City/County municipality . Nick is a seasoned Building Official, Manager, Plan Checker, and Inspector capable of performing inspections on any type of project and is often one of our top evaluators of talent. Nick has also been assigned to specialty projects like the Stockton Ho meless Shelter and the City of San Rafael Fire Station Projects.

Office - (925) 462-5959 | Cell - (951) 217-2590 | Email - [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

84 Proposal to Provide On-Call Building Services to the City of Foster City. Page 10 Section 3: Firm Understanding & Qualifications June 27, 2023 Howie Conroy, CBO – Senior Combination Building Inspector Howie than 20 years of experience as a Senior Combination Building Inspector and Building Official. Howie has served 4LEAF at such jurisdictions as the City of Foster City, County of San Luis Obispo, and Cal Poly University. Howie has taken on many assig nments including Inspector of Record and Senior Building Inspections. He has also helped train various inspectors prior to placement to ensure they understand the complexities of the California Building Code and the customer service requirements of Building Inspections. Howie will also assist jurisdictions new to 4LEAF to ensure the service is set up to the client’s satisfaction.

Office - (925) 462-5959 | Cell - (805) 459-9635 | Email - [email protected]

Kono Soong, CBO – Senior Combination Building Inspector Kono is a Certified Building Official and Combination Residential and Commercial Inspector with over 25 years of jurisdictional experience, and more than 7 years of field supervisor experience. He has performed many duties within building departments including inspection, plan check and lead Code Enforcement. Kono is experienced with residential, commerci al, and industrial construction and has acted in the capacity as a Lead Inspector of Record at the Jackson Rancheria Hotel & Casino.

Office - (925) 462-5959 | Cell - (916) 749-5944 | Email - [email protected]

Inspector of Record (IOR) Scope
4LEAF has the largest municipal Inspector of Record program in California. We routinely work with municipalities on projects requiring continuous inspections . These projects include Essential Service Facilities, Corporate Campuses, Stadiums, Medical Centers, Homeless Shelters, Multi-Family projects, Cannabis Facilities, and various mixed-use projects. Our record keepi ng process documents each inspection daily and produces pictures with code references in order to keep all City Stakeholders, Contractors, Owners, and Designers apprised of all the construction progress in real time. Our IOR personnel are either OSHPD, DSA, or ICC Combination certified which allows them to inspect any and all areas of construction of varying complexities.

We have a proven track record of reviewing and inspecting projects of all sizes and complexities including :

Type B Commercial Construction Refinery Facilities Laboratories City/County-Owned Facilities Site Work Power & Energy
Large Campuses Waterfront Marijuana Facilities
Fire Recovery Services Multi-Family Projects Military Projects Stadiums/Arenas Healthcare Facilities Essential Service Facilities Commercial Office Parks Transportation Facilities Detention Facilities

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

85 Proposal to Provide On-Call Building Services to the City of Foster City. Page 11 Section 3: Firm Understanding & Qualifications June 27, 2023 Inspector of Record Team
Christopher Fowler, CBO, OSHPD A - Supervising Inspector of Record Christopher has more than 20 years of senior -level commercial construction project management experience, with special emphasis on LEED educational and governmental buildings. He has extensive knowledge of and experience applying, implementing, and enforcing the International Building Codes th rough thorough plan reviews and inspections.

Christopher is proficient with all major construction methods and procedures, including hands-on management experience as both a general and subcontractor representative and overseer. Christopher has completed several billion -dollar construction projects including: Apple Campus 2, VMware Campus, and Correctional Healthcare Facility.

Office - (925) 462-5959 | Cell - (925) 453-1992 | Email - [email protected]

Traci Caton – Executive Project Manager
Traci was the Project Manager on behalf of 4LEAF on the Apple 2 Campus for the City of Cupertino and is currently the 4LEAF Project Manager to the County of San Mateo PDU projects. Traci brings with her more than 20 years of experience of Project Management and Administration and several years working within a municipal environment. Traci works collaboratively with Project owners, contractors, subcontractors, and municipal building department. She has also managed large clients including the City of Everett, MA’s $2.5 Billion Encore Boston Harbor and the City of Walnut Creek’s Golf Course Remodel.

Office - (925) 462-5959 | Cell - (408) 234-5975 | Email - [email protected]

Edmund Rivera – Inspector of Record
Edmund is an experienced Inspector of Record with more than 13 years of construction industry experience. He has obtained numerous certifications through the International Code Council and has the ability to inspect construction of all types and complexities. In addition, Edmund is well known for his excellent customer service approach with the building community and fellow inspectors. Edmund is currently closing out the City of Palo Alto Public Safety Building and working on Fire Damper installation inspections at the University of California, Merced.

Office - (925) 462-5959 | Cell - (951) 970-8003 | Email - [email protected]

Martin Scott, DSA 1, OSHPD A – Inspector of Record
Martin has more than 30 years of experience as a Project Inspector / Inspector of Record (IOR) performing inspections with various correctional facilities, school districts, and medical facilities throughout Northern and Southern California. In addition, Martin has 8 years of experience as an IOR working on university projects in the State of California. He has worked on numerous inspections from $1 million to $100 million projects. Martin has most recently completed projects for the County of San Luis Obispo and is currently the Lead Inspector of Record at San Jose State University.

Office - (925) 462-5959 | Cell - (925) 580-8178 | Email - [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

86 Proposal to Provide On-Call Building Services to the City of Foster City. Page 12 Section 3: Firm Understanding & Qualifications June 27, 2023 Permit Technician Scope

4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF has numerous of Permit/Counter Technicians on staff, many who are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job.

Permit Technician Team

Caitlin Roeder – Permitting Manager
Caitlin is currently managing a team of 6 coordinators in the 4LEAF office responsible for the intake our processing of more than 1,000 plan review projects per month. With over 6 years of experience working with customers/clients on time sensitive matters in the construction industry, she has worked in several jurisdictions such as the City of Half Moon Bay, the City of Sand City, and the City of Oaklands’ 5G project as a successful project manager/coordinator providing impeccable customer service and leverage skills while providing and implementing new tactics to improve the day-to-day operations. Caitlin also supports several clients including the cities of Santa Clara, El Cerrito, and Gilroy as Project Manager.

Office - (925) 462-5959 | Cell - (925) 324-5272 | Email - [email protected]

Vanessa Morales – Permit Technician
Vanessa is a highly organized Permit Technician with years of experience in management, recordkeeping, and data auditing. Her background in customer service prepared her to effectively serve the public’s needs at the Building Department counter, and her excellent interpersonal skills heighten her capacity to build rapport with clients. Vanessa is proficient in the analysis and interpretation of data, which contributes to her ability to explain rules and regulations to permit applicants clearly and concisely. Vanessa has a remarkable drive to excel, and she routinely offers motivation and support to colleagues who need extra encouragement.

Office - (925) 462-5959 | Cell - (925) 789-9917 | Email - [email protected]

Shayne Prudente – Permit Technician
Shayne is an exceptional team member who takes initiative in any project/task she is assigned and has over 6 years of customer service experience. She is skilled in office management duties including front desk operations and communicating with multiple department managers, outside services, vendors, and customers. Shayne is punctual, self-motivated, has strong organizational skills, with the ability to multitask in a fast -paced and demanding environment due to her previous work experience. Her professionalism, organizational skills, and quality work ethic makes her a great asset to any department.

Office - (925) 462-5959 | Cell - (209) 221-9430 | Email – [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

87 Proposal to Provide On-Call Building Services to the City of Foster City. Page 13 Section 3: Firm Understanding & Qualifications June 27, 2023 Code Enforcement Scope

Our Code Enforcement personnel are certified through the International Code Council, CACEO, and various training programs offered through accredited institutions. In addition, most of our personnel holds a PC 832, ICC Property Maintenance and Housing Inspector, and/or CACEO certification.

4LEAF staff have the experience in working with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff has experience in investigative practices that aid in substantiating the validity of a complaint on a property and in turn addressing verified violations through proper due process noticing.

4LEAF Code Enforcement Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary.

We focus on nearly every area of Code Enforcement including, but not limited to, the following categories detailed below.

Cecilia Muela – Project Manager/Director of Code Enforcement This contract will be co-managed by our Project Manager and Director of Code Enforcement, Cecilia Muela. Cecilia is a Code Enforcement expert with over 14 years of experience in the field and has served in the capacities of Assistant Chief Building Official, Code Enforcement Supervisor, and Building Inspector for multiple California public agencies. Cecilia is a national code enforcement trainer for state, national, and international code enforcement organizations. Cecilia is skilled in Code Compliance, Government, Emergency Management, Law Enforcement, Disaster Response, and Substandard Housing. Cecilia foun ded the Women Leaders in Code Enforcement Symposium (WLCE), which was created to promote a supportive learning environment for women in the building industry. Through training opportunities, networking, and connecting with fellow industry leaders, WLCE’s goal is to foster and support the ongoing development of women in current and future leadership roles.

Cecilia will be the City’s main point of contact for staffing requests and project needs.

Office - (925) 462-5959 | Cell - (925) 200-7352 | Email - [email protected]

Pete Roque – Project Manager/Director of Code Enforcement This contract will be co -managed by our Project Manager/Director, Pete Roque. Pete is a Code Enforcement expert with over 18 years of experience in the field and has served in the capacities of Code Enforcement Administrator, Code Enforcement Manager, and Community Development Inspector II for multiple California public agencies. With a demonstrated history of working in the government administration industry, Pete is skilled in Code Compliance, Government, Emergency Management, Law Enforcement, Disaster Response, and Plan Review.

Office - (925) 462-5959 | Cell - (562) 569-0098 | Email - [email protected]

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

88 Proposal to Provide On-Call Building Services to the City of Foster City. Page 14 Section 3: Firm Understanding & Qualifications June 27, 2023

CONDENSED LIST OF STAFF BY DEPARTMENT
Organization Chart

Building Inspectors
John Kuehl, CBO
Peter Lim, CBO
Brad Fields
Michael Hosier, CBO
Chris Phelan
Reuben Cain
Pete Garcia
Steven Raney
Andrei Oustinov
John Olsen
Dave Swetnam
Christopher Pallares
Don Hutsell

Permit Technicians
Kaitlin Hausmann
Shantelle Fuentes
Megan Lobao
Cindy Lucas
Chelsea Serafino
Alyssa Mendoza
Haley Myers
Donna Bassett
Mariah Marsan
Ana Ortiz
Crystal Zamora
Vanessa Mota
Austin Arabia

CASp
Doug Martin, CASp
Brent Hipsher, CBO, CASp
David Rashe, CBO, CASp
Scott Wungluck, CASp
Howie Conroy,CBO, CASp
Jerry Thome, CASp
Clay Salzman, CASp

Code Enforcement
JorDann Crawford
Alex Molina
Orlando Givens
Kaitlyn Soldati
Eric Stephens

Cecilia Muela
Director of Code Enforcement
Plan Review Engineers
Melissa Mennucci, S.E.

Eriselda Nanchy, S.E.

Ali Hekmat, S.E.

Albert Kong, S.E.

Karim Kamran, P.E.

Davison Chanda, P.E.

Melissa Bridges, P.E.

Stephanie Hionis, P.E.

Youseff Abdou, P.E.

Joe Nicolas, P.E.

Albert Nissan, P.E.

Jay Shih, P.E.

Steve Kim, P.E.

More than 200 Additional Staff Available

Craig Tole
Project Manager/Director of
Development Services
Frank Luna, CBO
Project Manager/Plan Check
Services
Raylee Glasser, CBO
Plan Review Manager
Mike Leontiades, CBO
Inspection Services Manager
Michael Renner, CBO
Fire Services Manager

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

89 Frank Luna
Project Manager
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Experience Summary
Frank has more than 30 years of experience in the building inspect ion and construction industry, with an extensive background in all aspe cts of a project ’s scope and li fecycle. He has worked on construction projects such as comme rcial t enant improvements, schools, hos pitals, large-scale industrial, and residential remodels, am ong many others.

With over 25 years of building inspection experience and over 18 years of inspection management, Frank is an asset to any team, pr oject, and municipality he is assigned.

Ad
ditionally, he is an adaptable resource and is comfortable working in a fast -paced environment while prioritizing quality work and strong communication to team members, departmental staff, the general public, and associated projec t stakeholders. Frank has worked in many Building Department roles such as Community D evelopment Director, Inspection Supervisor, P ermit Center Manager, and Chief Building Official and has a well-rounded knowledge base of municipal and state codes to ensure project compliance from conception to completion.

Sel
ect Professional Experience
4 LEAF, Inc.

Building Inspector
2023 - Present
As a Building Inspector on behalf of 4LEAF, some of Frank’s responsibilities include:
• Enforcing all aspects of architectural projects follow zoning regulations, building codes, and contract specifications according to federal, state, and local ordinances. • Inspecting, evaluating, and determining the structural soundness and quality of buildings and other projects including remodels, add-ons, and other construction. • Oversees plumbing, heating, and electrical installations to ensure they are conducted safely and according to laws, regulations, and standards.

C
ity of Walnut Creek
Community Development Director & Building Division Permit Center Supervisor 7/2016 - 8/2018
• Supervised Permit Technician/Administrative Staff with focus on front counter service levels and Experience
30+ years
Education
Inspection & Plan Review courses
Diablo Valley College
Fire Prevention & Business Law
Hartnell College
Certifications & Licenses
ICC, Building Inspector
ICC, Commercial Electrical Inspector
IAPMO, Inspector
CA OES, Disaster Assessment Evaluator
CA Licensed Electrical Contractor
US Army, Honorable Discharge

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

90 2 of 2
Frank Luna
workflow efficiency.
• Monitored quality of front counter services, morale, and customer service. • Provided timely performance reviews of staff.
• Processed, assigned, and balanced workloads.
• Coordinated cross-training of Permit Technicians.

City of Walnut Creek
Building Inspection Supervisor
12/2006 - 12/2022
• Supervised field inspection staff with a focus on inspector performance. • Monitored quality of inspections, morale, and customer service. • Provided and monitored the quality and maintenance of staffs’ equipment and tools. • Processed and assigned inspections and balanced workloads. • Responded to and dele gated all Building- related compl aints including possible violations o f codes and regulations.
• Performed investigations and engaged in public relations throughout the complaint process. • Maintained records and engaged in correspondence concerning legal actions. • Coordinated cross-training of inspectors.
• Organized multi-resource campaigns to address severely dilapidated multi-family structures. • Maintained continuity and assisted with providing services and inspections.

City of Walnut Creek
Building Inspector
11/2000 - 11/2005
• Performed field inspections in all phases of construction for compliance with applicable codes and deviations from approved plans.
• Assisted the Building Inspection Supervisor with assignment of inspections.

City of South San Francisco Fire Department/Building Division Building Inspector
11/1998 - 11/2000
• Performed field inspections throughout all phases of construction for compliance with applicable codes and deviations from approved plans.
• Spearheaded the presentation of the new Commun ity P reservation O rdinance to Spani sh- speaking residents through the generation of pamphlets and speaking at City meetings.

Frank Luna Electric Company
Owner/Operator
6/1994 - 11/1998
• Designed and installed electrical systems for industrial and commercial applications. • Managed work crews, assembled work programs, and administered performance evaluations. • Mentored and trained personnel.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

91 Craig Tole
Executive Project Manager

1 of 2

Experience Summary

Craig has been the Director of the 4LEAF ’s Development Services team for the past 1 7 years. Among Craig’s responsibilities include the day -to- day contact with many of 4LEAF’s clients in the Building & Fire Life Safety, Engineering, C onstruction Management, and Plan Check industries. Craig has successfully managed a multitude of inspection projects ranging from $1 million to $6 Billion. Craig also man ages numerous Building, Fire, and C ode Enforcement clients and is responsible for recruiting, qualifying, and placing staff throughout the organization.

Select Project Experience

4LEAF, Inc. – Apple Campus 2 Project
Executive Project Manager
City of Cupertino, CA
Craig was responsible for consultant building department services to the City of Cupertino Building Department on behalf of 4LEAF. Services include on -site plan review engineering , permitting, plan review, and project inspection services. Craig is the Consultant Project Manager for the $6 Billion Apple Campus 2. Craig was responsible for hiring, placement, and supervision of a project team that will reach more than 20 personnel. This project construction spanned nearly 180 acres and approximately 4 milli on Sq. Ft. of construction. The campus will include a 2.8 Million S q. Ft. Main Building with subterranean parking , Corporate Fitness Center, Corporate Auditorium, two above grade Parking Structures, Central Utility Plant, and 600,000 Sq. Ft. of Research and Development Buildings. 4LEAF, Inc. – Encore Boston Harbor Project
Inspection Services Project Manager
City of Everett, MA
Craig was the Inspection Services Project Manager for the new $2.4 Billion Wynn Casino Development in Everett, Massachusetts. The project highlights include:

• Luxury Hotel (629 Rooms) • Food & Beverage Outlets • Gaming Area • Convention & Meeting Space
• Retail Space, Gym/Spa • Parking Garage
Experience
17+ years

Education
Bachelor of Science, Economics, 2000
Sonoma State University
Industry Affiliations
International Code Council (ICC)
CALBO
CBOAC
APWA

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

92 2 of 2
Craig Tole
4LEAF, Inc. – VMware, Taube-Koret Campus for Jewish Living, Mitchell Park Library Consultant Project Manager
City of Palo Alto, CA
Craig was responsible for consultant building department services to the City of Palo Alto Building Department on behalf of 4LEAF which includes 15 personnel. Services include d on-site plan review engineerin g and on -call building inspection service s. Craig was also the Consultant Project Manager for three large Municipal projects which included the $1.3 Billion VMware Campus, Mitchell Park Library , and the $350 Million Taube- Koret CJL.
4LEAF, Inc. – Building Department Management / Inspection Services Project Manager
Pleasanton, CA
Craig is currently the Building Department Manager on behalf of 4LEAF. Craig is responsible for all staff augmentation assignments performed for clientele including building official, building inspection, permit technicians/counter services, code enforcement, etc. Craig is responsible for recruiting and placing all building department staff as well as the pick -up and delivery and assignment of plan reviews to appropriate engineers and certified staff. Craig manages more than 100 Building Department contracts including:
♦ City of Cupertino, Building Department
♦ City of Palo Alto, Building Department
♦ County of Santa Clara, Building Department
♦ County of Santa Clara, Facilities & Fleet
♦ City of Sunnyvale, Building Department
♦ City of San Pablo, Building Department
♦ City of Hollister Building Department
♦ City of Dublin, Staffing/Recruitment Manager
♦ City of Monterey, Building Department
♦ County of San Benito, Building Department
♦ County of Stanislaus, Capital Projects
♦ City of Walnut Creek, Building Department

4LEAF, Inc. – Various Universities and Community College Districts Project Manager
Craig has managed multiple consultant agreem ents with the California State School System, University of California, and Commun ity College Districts. These contracts include Construction Management and Inspector of Record services for both On -Call agreements and project specific assignments. Our University clientele includes:

• San Jose State University
• Cal Poly San Luis Obispo
• University of California, Berkeley
• Stanford University School of Medicine
• Stanford University Facilities Department
• University of California, Davis, Campus Inspection Services • San Francisco Unified School District
• Evergreen Community College District

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

93 Michael Renner, CBO
Executive Project Manager/Building Official

1 of 2
Experience Summary
Mr. Renner is a highly experienced ICC Certified Building Official, with extensive administration and management experience. He has successfully guided development department staff in inspection and plan review through all phases of complex and capital- intensive projects. He is experienced utilizing development department permitting software and directing all department responsibilities, including plan review, multi-discipline inspections, office and field supervision, regulatory compliance, code interpretation, and project acceptance. Michael is a result-oriented leader and is regarded as a mentor to many junior staff members. With his customer -first attitude and approach, he makes a difference to those he works with through his skills in complaint resolution, problem solving and team building.

Michael’s management approach focuses on mentoring his staff and improving department processes to ensure services are delivered with a high level of customer service . He is committed to serving the needs of our clients through strong leadership and an effective collaborative approach. Michael has k nowledge of building and fire codes for local, state and federal ordinances – ICC, UMC, UPC, NFPA, NEC, OSHA, ADA and health regulations. Michael has managed several billion-dollar construction projects including:
- Sonoma County Resiliency Permit Center: $5 Billion
- Town of Paradise, Paradise Fire Recovery: $9.5 Billion

Select Project Experience
County of Sonoma, CA – Resiliency Permit Center (RPC) | 2019 - Present Executive Project Manager
The 2017 Complex Fires resulted in the destruction of 3,000+ residential structures in unincorporated Sonoma County. The Resiliency Permit Center is an on-site disaster recovery center exclusively dedicated to the residential reconstruction permitting needs and offers a full range of development services to residents, contractors, and developers in Sonoma County. Michael serves as the Executive Project Manager and has overseen the RPC fr om staff recruitment, community outreach, the implementation of permitting procedures, plan review management, and building inspections, all while maintaining a cohesive partnership between the County of Sonoma and the 4LEAF, Inc.

Experience
15+ years

Education
Building Inspection Technology Program
Butte College, California

Certifications
ICC Certified Building Official
ICC Residential Building Inspector
ICC Residential Mechanical Inspector
ICC Residential Combination Inspector
ICC Commercial Building Inspector
ICC Residential Plans Examiner
ICC Residential Plumbing Inspector
ICC Building Plans Examiner
ICC Residential Electrical Inspector
ICC Building Inspector
ICC Building Code Specialist
State of California Post Disaster Safety
Assessment Evaluator

Professional Affiliations
California Building Officials Assoc. of Ca.

East Bay Chapter, ICC
Yosemite Chapter, ICC
Peninsula Chapter, ICC
San Joaquin Chapter, ICC
Napa Solano Chapter, ICC
Sacramento Valley Assoc of Building
Officials
Green Building Council Assoc.

Served on Board for ICC East Bay Chapter

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

94 2 of 2
Michael Renner, CBO
Town of Paradise - Fire Recovery | 2019 - Present
Executive Project Manager
Michael is the Executive Project Manager responsible for the management of the Community Development Services to the Town of Paradise. This four-year contract was put into place and 4LEAF is to provide Permitting, Plan Review, Building Inspections, Public Works Inspections, Planning, Code Enforcement, Debris Removal Management, and P ublic Outreach for this $9.5 Billion rebuild set to take place over the next 10 years. 4LEAF is assisting the Town with a post disaster recovery-centered office that offers permit intake and processing, record support, plan review, and inspections services for the peak rebuild during the next several years.

This office will offer the full range of planning and building assistance to residents, contractors, and developers. In addition, 4LEAF provides outreach specialists to help provide education and outreac h to the community on processes and progress of rebuilding. 4LEAF and its staff utilize the Accela software for permitting, building, and inspections and our staff currently include 15 personnel and will scale to 2 0 personnel by the end of 2019.

Calaveras County, CA – Butte Fire Recovery | 2016 - 2017 Interim Building Official
Michael acted as the I nterim Building Official during the Butte Fire R ecovery process. The Butte Fire burned over 70,000 acres and destroyed over 1,000 structures throughout the County. Michael oversaw the expedited redevelopment of the County.

California Energy Commission, CA – Carlsbad Energy Center | 2017 - 2018
Delegate Certified Building Official
Michael acted as the Delegate Building Official to the California Energy Commission for the construction of the Carlsbad Energy Center. Michael oversaw the plan review, inspections, safety, and quality control of this 527-MW simple-cycle gas-fired power facility.

West Coast Code Consultants, Inc., San Ramon, CA | 2016 - 2019 Regional Manager
Michael oversaw the North Bay, Sacramento , and Central California Region providing Project Management and Building Official services. He was responsible for the oversight, coordination and quality control of the various service lines to WC3’s regional clients. Michael has recently serve d as the project manager for the Sonoma County Resiliency Permit Center, interim Building Official for the County of Calaveras, the County of Napa, the City of Parlier, and the City of Livingston.

Interwest Consulting Group, Stockton, CA | 2012 -2016
Building Official
Michael provided review services for residential and non -residential construction project plans for compliance with California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards and California Accessibility Standards, state and local building codes, policies, amendments, and ordinances.

He provided as-needed in-house plan review services for the County of Napa and the Town of Atherton.

Self-Employed, Modesto, CA | 2009- 2012
Consultant
Michael worked with various contractors in Northern California reviewing and inspecting construction projects for compliance with all State, Federal, and local policies and regulations.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

95 Raylee Glasser, CBO
Director of Jurisdictional Services

1 of 2

Experience Summary
Raylee is an ICC Certified Building Official, Residential Building/Fire/Plumbing Inspector, Plans Examiner, and Permit Technician with ICC. With 18+ years of Municipal Building Department experience, Raylee has promoted throughout th e ranks of the Building Department to include Permit Technician, Permit Center Manager, Building Inspector, and Building Official. Raylee also created 4LEAF’s internal EZPlan Review Portal used by our clients and spearheaded the creation and implementation of our process improvement and staff augmentation scope.

Select Work Experience

4LEAF, Inc. – Pleasanton, CA
Director of Jurisdictional Services
9/2017 - Present
Raylee has been 4LEAF ’s Director of Jurisdictional Services since 2017 where she handles ma nagement of plan review, inspection, and consulting services for numer ous 4LEAF clients. She also spearheads 4LEAF ’s effort to train, mentor, and place Permit and Engineering Technicians to Building and Public Works Departments throughou t Northern Ca liforn ia.

Raylee has even consulted with different cities to better organize their department and develop required hand- outs, policies, procedures, and permit s oftware implementation in preparation of a large spike of development activity. In addition, she also oversee s our Process Mapping services that ensure each jurisdiction is assessed in or der to better help them fill their needs, Permit Tech program, as well as creating new programs to help streamline specific scopes for jurisdictio ns such as ADU, 5G, and Solar to name a few.

4LEAF, Inc. – Pleasanton, CA (continued)
Process Mapping
9/2017 - Present
In the changing landscape of Dev elopment Servic es Divisions, Raylee has worked with a mu ltitude of jurisdict ions to enhance the service levels of Building, Plan ning, Public Works, and F ire Experience
20+ years

Education
Diablo Valley College
- Construction Management

Certifications
ICC Certified Residential Plumbing
Inspector
ICC Certified Residential Building
ICC Certified Fire Inspector I
ICC Certified Residential Plans
Examiner
ICC Certified Permit Technician
ICC Certified Building Official
ICC Certified Permit Specialist
SAP Disaster Service Worker

Technical Abilities
iWorQ
CRW
EZPlan Review
Acella Permits Plus
Energov
Metroscan
Geomedia
Microsoft Office
Microsoft Windows
Notary Public

Professional Affiliations
International Code Council
ICC East Bay Chapter
Danville LEAD Leadership Committee
Danville Employee Recognition
Committee Chair

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

96 2 of 2
Raylee Glasser, CBO
Departments , providing a nalysis of the municipalities current systems (including software implem entation) and work with staff to find efficiencies in th eir w orkflow. To date, Raylee has worked with various jurisd ictions includi ng the foll owing:

 City of Rohnert Park
 City of Sausalito
 City of El Cerrito Solar
 City of Half Moon Bay

 City of San Juan B autista
 City of Hollister
 City of Sand City
 City of Pacific Grove

 City of Larkspur
 City of Greenfield
 City of Sacram ento 5G
 City of Oakland 5G
Town of Danville, CA
Plans Examiner/Permit Center Manager
5/2014 - 8/2017
Raylee was p romoted to this pos ition with additional responsibilities that include d conducting plan check reviews, inspections , and increase d field work. She i ncorporated leadership and inspire d staff while managing the operations of the building permit center, fees, and structure. Raylee also provided verbal and written communication to design professionals, contractors , and residents to streamline the per mit process. She f acilitated and mediate d all Build ing Co de Enforcement assignments, managed the Building Division website, and implemented goals, objectives, and policies.

Town of Danville (continued)
Lead Development Services Technician
7/2007 - 5/2014
Raylee was p romoted into this position with additi onal duties and responsibilities to include the supervision of all building permit center staff. She p erformed over -the-counter plan review , coordinated int er-department al review s to ensure timely completi on of the development revi ew process, and issued Certificates of Occupancy.

Town of Danville (continued)
Development Services Technician
1/2001 - 7/2007
In her first of many roles with the Town, Raylee’s responsibili ties included issuing building permits, performing zoning rev iews, and interpretati ng the Town’s municipal ordinances. She was instrumental in developing the Town’s “One -Stop Shop” permit process and facilitated uniform customer service standards for the department.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

97 Scott Martin, P. E.

Civil, Structural & MEP Plan Review Engineer/QC Manager

1 of 2

Experience Summary
Scott has more than 2 3 years of engineering experience and has performed a multitude of plan reviews for many different disciplines including OSHPD 3, DSA Projects, and various municipal reviews for clients throughout California. Scott’s day -to-day activities include the review of plans submitted to local jurisdictions, creation and submission of plan check letter s, and constant communication with all project stakeholders.

In addition, Scott is often tasked with the education of building code to applicants. He is instrumental in establishing the new templates for all new clients to establish the municipal preferences for commercial and residential plan check and makes an asset to any team, project, and jurisdiction he is assigned.

Select Professional Experience

4LEAF, Inc.

Plan Review Engineer/Quality Control Manager
2014 - Present
Since 2014, Scott has been 4LEAF’s Senior Plan Check Engineer with a focus on Structural review. Scott has worked on a plethora of 4LEAF’s largest commercial reviews. Currently, Scott reviewed the Zuckerberg Chen School for the City of East Palo Alto, several large Commercial Projects for the County of San Mateo’s Project Development Unit including a $120 Million Medical Office Building , two large County facility buildings, and several large reviews for the University of California, Santa Barbara including the $1.5 Billion Munger Hall Project. In addition, Scott is 4LEAF’s Lead Quality Control Plan Review Manager where he is responsible for the final reviews of all outgoing projects. S cott also regularly trains 4LEAF personnel (Engineers and non-structural) on various plan review guidelines and code updates.

4LEAF, Inc. (City of Palo Alto)
Structural Plan Check Engineer
2012 - 2013
Starting in December of 2013, Scott accepted a position to perform and manage plan reviews in the Central Valley and Central Coast for many of 4LEAF’s clientele. Since 2012, Scott has worked for 4LEAF as a structural plan review engineer and was tasked to the City of Palo Alto where he was often assigned to work with the public and architects to answer building code related questions and to provide excellent customer service. In addition, Scott performed many large-scale plan reviews for the City including:

Experience
23+ years

Education
B.S., Civil Engineering
University of California, Irvine

Certifications
CA Registered Civil Engineer
License # 59091
NV Registered Civil Engineer
License # 019922
ICC, Building Plans Examiner

Professional Affiliations
ICC – International Code Council
Structural Engineers of Northern
California (SEAOC)
ASCE

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

98 2 of 2
Scott Martin, P.E.
• Workday Campus (6 Stories) - $50 Million
• Stanford Medical Center (6 Stories) - $32 Million
• VMWare HTE Tenant Improvement - $25 Million
• Hilton Hotel and Underground Parking - $18 Million
• VMWare Parking Structure 2 - $14 Million
• Stanford Hospital Site Development - $13 Million
• 260 California (3 Story mixed-use & underground parking) - $10 M • Thermal Vacuum Chamber - $9.7 Million
• VMWare Parking Structure (4 Levels) - $6.8 Million
• 4-Story Tenant Improvement for Survey Monkey - $6.1 Million

Willdan Engineering – Fresno, CA
Structural Plan Check Engineer
2007 - 2010
Scott performed structural plan reviews on behalf of Wil ldan Engineering for numerous jurisdictions throughout California. Scott was tasked with the plan review, creation of the plan check letter, communicating with project stakeholders, and educating the applicants on current building codes and standards. Some of Scott’s projects included:
• CSU Humboldt Student Center Expansion; Arcata, CA
• Park Place: Res/Office/Retail over Parking; Paso Robles, CA • CalRENEW-1 Solar Power Farm; Mendota, CA
• City of Winters Police/Fire Complex; Winters, CA
• UC Davis Hyatt Place Hotel; Davis, CA

Advanced Structural Design, Inc. – Fresno, CA
Project Engineer
1998 - 2007
Scott was a Project Engineer for nearly ten years with Advanced Structural Design out of Fresno. Scott was responsible for engineering design, drafting (Auto CAD & hand), shop drawing review, and coordination with clients.
• Mt. Whitney Classroom Buildings; Visalia CA (DSA #02-107633) • Plumber's Union Expansion; Fresno, CA
• Oak Valley New Admin; Tulare Co., CA
• Paul Evert's RV Expansion and New Canopies; Fresno, CA • Grizzlies Stadium; Fresno, CA

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

99 David J. Rashé, CBO, CASp
Building Official/MWELO & MEP Plans Examiner/Civil Engineer

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Experience Summary
David is a dedicated and proficient code professional with nearly 30 years of experience working with California Building Departments. David has held various Building Department positions including Civil Engineer, Chief Building Official, Permit Center Manager, and Program Coordinator.

Most recently, David has provided Civil Engineering plan review services to the City of O akland’s Department of Transport ation for their 5G project where he oversees all plans including traffic control, small cell, fiber pull, and m onument verification. A dditional current and recent projects include:
• UC, Santa Barbara: Munger Student Housing & Student Bicycle Shop • County of Sonoma: Kenwood Ranch
• San Jose State University: Parking Facility and Intr amural Sports Complex
• County of San Mateo: MWELO Program

Select Professional Experience

4LEAF, Inc.

Civil Engineer, Building Official, Building Inspector, Plans Examiner 2016 - Present
David joined 4LEAF to work in a number of different capacities including Civil Engineer, Building Official, Plans Examiner, Building Inspector , and Certified Access S pecialist (CASp) . He is currently provi ding Civil Engineering services to the City of Oakland where he oversees all plan review including traffic control, monument verification, and excavation plans for the City ’s 5G conversion project. David is also experienced with Mechanical, Electrical, and Plumbing plan reviews and is currently providing these services to various clients.

Previously, David was the interim Building Official at the City of Lathrop and served the Sandia National Laboratories in Livermore managing 4LEAF’s inspection tasks where he performed combination quality assurance inspections in conformance with the plans and specifications.

Experience
28+ years

Education
Saint Mary’s College
Bachelor of Arts; Management
Chabot College
Associate of Arts; Construction
Inspection
Chabot College
Associate of Arts; Architectural
Technology
California State University,
Hayward

Certifications
ICC Building Inspector
ICC Building Plans Examiner
ICC Combination Inspector
ICC Combination Inspector -
Legacy
ICC Electrical Inspector
ICC Mechanical Inspector
ICC Plumbing Inspector
ICC Residential Combination
Inspector
ICC Mechanical Inspector UMC
ICC Plumbing Inspector UPC
ICC Commercial Combination
Inspector
ICC Building Code Specialist
ICC Certified Building Official
Certified Access Specialist
# CASp-213
Certified (IS-00100.b, ICS-100),
IS-00700.a, IS-00800.b
(2014 FEMA Emergency
Management Institute)

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

100

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David J. Rashé, CBO, CASp

City of Livermore – Livermore, CA
Chief Building Official
2014 - 2016 (Retired)
• Oversaw the daily operations in the Permit Center and the Building Division to inclu de the permit technician, plan review, inspection, code enforcement, a nd building division administrative support staff.
• Developed and maintained the annual bu ilding division budget to include monthly activity and reconciliation.
• Implemented and managed consultant contracts for plan review and inspection services. • Maintained contract services for providing plan review an d ins pection services to Sandia National Laboratories in Livermore.
• Solved development related code questions as well as expl ained city standards and policy questions, while interacting with planning, engineering, housing, and inspection. • Consulted with architects, engineers, contractors, and property owners regarding proper design and the methods and materials to be used for building construction in the City. • Coordinated projects with other City departments.
• Maintained accurate up-to-date records of all plan reviews, plans, inspections, and construction. • Made public presentations to City Council, public agencies, and business and civic groups. • Maintained the City Building Codes in compliance with latest model codes and State regulations. • Prepared wrote reports and requests for City Council or staff regarding ordinance changes, and establishment of City policy related to building requirements.

City of Livermore – Livermore, CA
Permit Center Manager
2004 - 2014
• Oversaw the daily operations of t he Permit Center to include administrative and support staff, permit technicians, planners, engineers, plan reviewers, and inspectors. • Developed, implemented, and provided sustaina bility efforts for projects and programs related to customer services and permit streamlining strategies for the Permit Center. • Coordinated major development projects through the regulatory processes to include pl anning, zoning, plan review, and engineering.
• Coordinated de velopment projects with architects, d evelopers, engineers, owners, a nd the general public with interagency teams to facilitate comprehensive reviews. • Wrote Council staff reports and Resolutions / Ordinances for public policy. • Prepared Req uest for Proposals (RFP) for plan review and structural engineering contrac t services; met with contractors and awarded contracts.
• Reviewed, interpreted, analyzed, and approved design and construction plans, speci fications, and reports for conformity to relevant codes, regulations, and policies.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

101

Traci Caton
Senior Project Manager

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Experience Summary

Traci was the Project Manager on behalf of 4LEAF on the $6 Billion Apple 2 Campus project and is currently the Project Manager on behalf of 4LEAF on the County of San Mateo Project Development Unit projects. Traci brings with h er more than 20 years of experience of Project Management and Administration and several years working within a municipal environment including Building and Planning Divisions.

In addition, Traci works collaboratively with Project owners, contractors, subcontractors, and municipal building department. Traci has also managed two large clients including the City of Everett, MA where she administered our c onstruction process for the $2. 6 Billion Encore Boston Harb or Wynn Casino . Traci is currently managing such University clients including UCSB, SJSU, UC Merced, and CSUS.

Select Project Experience

4LEAF, Inc. – University of California, Santa Barbara & University of California, Merced Senior Project Manager
2022 - Current
Traci is currently managing two different University of Califo rnia clients where she is responsible for coordinating all plan review and inspection efforts. Traci maintains the document control for the plan review and daily inspections for all University assignments. She coordinates all inspectio n requests and interfaces with University stakeholders and the General Contractors. Her current project assignments include:
 UCSB Munger Hall (Plan Review and Inspections) - $1.5 Billion  UC Merced Fire Damper Replacement from 2020 Campus Addition - $20 Million

4LEAF, Inc. – San Jose State University
Senior Project Manager
2018 - Present
Traci is the Lead A dministrator on behalf of 4LEAF where she ha ndles all of the document control and coordination of special inspection services provided to the ca mpus. Traci is cu rrently serving the $140 Million Interdisciplinary Science Building (ISB) , and the $50 Million South Parking S tructure, and all the active miscellaneous projects throughout the campus. Prior to that, she also performed these functions for the $140 Million Student Recreation Activities Center (SRAC). Traci is familiar with University policies and the use of the proper documentation required by the California State University School system.

Experience
20+ years

Education
San Jose State University
B.S. Sociology & Communications

Certifications / Training
Leadership Academy of Santa Clara
GoFormz-Expert Level
Plan Grid
Magnet
Freightrain
Accela
Sharepoint
Microsoft Suite
Bluebeam
Procore

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

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Traci Caton
4LEAF, Inc. – County of San Mateo Project Development Unit (PDU) Senior Project Manager
2018 - Current
Traci has been the Project Manager for 4LEAF’s PDU Program for the County of San M ateo for over three years. 4LEAF is currently performing Inspector of Record services for multiple projects on behalf of the County of San Mateo’s Project Development Unit. This $ 1.2 Billion program consists of up to 18 projects over the course of more tha n five years. 4LEAF is responsible f or the combination i nspections and inspe ction reports re lated to all projects including Essential Service Facilities, Parking Garages, Medical Facilities, Animal Shelters, Fire Stations, and other County buildings.

4LEAF, Inc. – Apple Campus 2 Project
Project Manager
February 2014 - 2018
For six years, Traci was the Project Manager on the Apple 2 Campus in Cupertino. Traci’s responsibilities include d coordinating inspections amongst the team of insp ectors, maintaining docum ent control and mastery of th e City of Cup ertino’s permitt ing process to ensure all inspections are recorded for the City use. Traci was also the administrator for an iPad application used to perform all inspections in the field an d was instrumental in the creation and maintenance of the forms used for inspections.

4LEAF, Inc. – Encore Boston Harbor, Wynn Casino
Senior Project Administrator/Office Engineer
June 2016 - Present
Traci was the Senior Project Administrator overseeing the closeout on the Wynn Casino $2.6 Billion Development. Traci’s managing the on-site administrator who is responsible for permit tracking and processing, coordinating inspections amongst the team of inspectors, maintaining document control systems . Traci works closely w ith the 4LEAF management team as well as Suffolk (contractors), and the Chief Building Commissioner for the City of Everett, MA.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

103

Mike Leontiades, CBO
Director of Inspection

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Experience Summary
Mike is a prove n successful leader with over 3 7 years of construction skills and knowledge, plus 16 years of experience in local government.

Mike is self-motivated and driven to provide excellent customer service delivery and is p roficient at coordinating and leading teams to benefit mutual growth and success . As a Chief Building Official, Mike demonstrated the ability to build and maintain strong relationships with all public contacts, design professionals, elected officials, and proper ty owners.

Mike also possess es the knowledge to examine plans and inspect for code compliance for Residential and C ommercial projects to ensure conformance with California Building, Mechanical, Plumbing, Electrical, Energy Codes and Green Bu ilding Standards, regulations , and ordinances.

Select Professional Experience

4LEAF, Inc.

Director of Inspections
2016 - Present
Mike’s responsibilities include:
• Recruiting and interviewing prospective employees.
• Mentoring and developing plan review, building inspectors, and permit staff. • Managing the placement of inspection staff including the tracking of customer service delivery. • Tracking each inspectors’ active certifications.
• Providing quality answers to code-related or situational questions. • Managing the plan review and support teams.
• Handling the workflow and distribution of plan reviews. • Performing plan reviews and inspections on as-needed basis.

Town of Danville, CA.

Chief Building Official
7/2006 - 9/2016
Mike supervised and le d his team of staff members i n the Building Division. He was responsible for managing and directing the operations of the Town’s Building Division. He provided quality reports to the Development Services Director. Mike also performed the duties of the Senior Building Inspector from 20 07 to 2015. He was responsible for creating numerous staff reports for Council Meetings Experience
37 + years

Education
Ashworth College
Construction Management
College of San Mateo
Building Inspection Technology
Los Medanos College

Certifications
ICC, Plumbing Inspector
ICC, Mechanical Inspector
ICC, Building Official
ICC, Residential Building Inspector
ICC, Combination Inspector
ICC, Mechanical Inspector
ICC, Residential Plans Examiner

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

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Mike Leontiades, CBO

regarding Building Division related matters, including ordinances, nuisance abatement hearings, and the triennial code adoption process. Mike excels at forming a partne rship approach with all of his contacts, including design professionals, contractors, and homeowners. One of his strengths was his ability to resolve disputes and complaints. He strived to achieve a win-win scenario in every situation.

Some of Mike’s accomplishments included:
• Creating and updating informational handouts
• Reducing the turn-around timeframe for plan reviews
• Sustaining high morale within the division
• Implemented IVR automated inspection line
• Launched and maintained a Customer Satisfaction Survey Form • Established numerous Town ordinances
• Leadership of the Year Award, 2004
• Town Manager’s Customer Service Award, 2012
• Employee of the Year Award, 2014
• Graduate of Contra Costa County Leadership Academy, 2016

Town of Danville, CA (continued)
Senior Building Inspector
2003 - 2006
Mike was responsible for overseeing th e daily operation of the entire inspection process. He handled complaints, inspected emergency situations including structure fires, vehicles or tree collisions with buildings, and other life safety incidents. Mike provided quality training to his inspection team and also created and sent letters regarding code violations.

Town of Danville, CA (continued)
Building Inspector
2000 - 2003
Mike was responsible for providing building inspections on residential construction including large sub- divisions. He kept accurate re cords, worked to resolve problems before they arose and created a helpful approach while achieving code compliance.

Riccomi Construction Services, S.F. CA. 1992 - 2000
Construction Supervisor

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

105

Christopher Fowler, CBO, OSHPD A
Senior Combination Building Inspector

1 of 2
Experience Summary
Christopher Fowler has more than 3 0 years of senior- level commercial construction project management experience, with special emphasis on LEED educational and governmental buildings. He has extensive knowledge of and experience applying, implementing, and enforcing the International Building Codes through thorough plan reviews and inspections. Christopher is proficient with all major construction methods and procedures, including hands-on management experience as both a general and subcontractor representative and overseer. He has provided nearly 15 years of educational training programs in coordination with the ICC for college curriculums.

Chris has ready knowledge of local, state , and federal codes and ordinances such as ICC, UMC, UPC, NFPA, NEC, OSHA, ADA , and health regulations. He has completed several billion -dollar construction projects including: Apple Campus 2 ( $6 Billion), VMware Corporate Campus ($1.3 Billion), and Correctional Healthcare Facility ($1.2 Billion).

Select Project Experience
4LEAF, Inc. – University of Santa Barbara
Supervising Inspector of Record / MEP Plans Examiner
On behalf of 4LEAF, Christopher is
performing MEP Plan Review services
for several UCSB campus projects. As
the Campus Building Official, Chris
performs plan and specification
reviews for University projects. Plan
reviews are conducted to ensure
conformance with approved plans and compliance with University standards and requirements for University -owned bu ildings. Chris is currently working on the University’s upcoming Munger Student Housing project, a 9-story dormitory of 1.68 million s.f. that will house up to 4,500 students. Chris is an MEP plan reviewer and the Supervising IOR who will oversee the onsite inspection team and participate in kick -off and milestone meetings with University stakeholders.

Experience
30+ years

Education
AA, Business Administration

Certifications
HCAI (OSHPD) A20879
CalOES Safety Assessment Inspector
ICC Fire Inspector II
ICC Accessibility Inspector/Plans Examiner
ICC Building Inspector
ICC Building Plans Examiner
ICC Combination Inspector
ICC California Commercial Building
ICC California Commercial Combination
ICC California Commercial Electrical
ICC California Commercial Mechanical
ICC California Commercial Plumbing
ICC Tall Mass Timber Buildings
ICC Residential Building Inspector
ICC California Residential Electrical
ICC California Residential Mechanical
ICC California Residential Plumbing
ICC Certified Building Code Official
ICC Certified Building Official
ICC California Combination Inspector
ICC Combination Inspector - Legacy
ICC Commercial Combination Inspector
ICC Electrical Inspector
ICC Mechanical Inspector
ICC Mechanical Inspector UMC
ICC Plumbing Inspector
ICC Plumbing Inspector UPC
ICC California Building Plans Examiner
ICC Building Code Specialist
ICC California Residential Building
ICC California Residential Combination
Heartsaver AED-CPR

Professional Affiliations
International Code Council
Southern Nevada Building Officials Assoc.

World Building Officials Association

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

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Christopher Fowler, CBO, OSHPD A
4LEAF, Inc. – County of San Mateo Project Development Unit (PDU) Inspector of Record / Plans Examiner
Chris is the Inspector of Record on several PDU projects including the San Mateo Medical Center, Navigation Center, and Animal Shelter, and Skylonda Fire Station. The PDU program consists of approximately 18 projects funded from a Bond Measure which totals more than $1 Billion of construction.

Chris. Here are a couple of featured projects:

Skylonda Fire Station #58
This project consists of a barracks/office building consolidating the functions and operations of two existing structures into a single structure.

The barracks/office building will contain administrative offices and related support spaces, conference and training rooms, a kitchen and dining room, dayroom, dorm rooms, fitness rooms, showers , and restrooms. A new primary vehicular access connection shall be provided to Skyline Boulevard to facilitate improved traffic sightlines and vehicle turning radiuses.

Animal Shelter
The County of San Mateo is constructing a new animal shelter that will be located at the Coyote point site of the current animal shelter to replace the existing shelter buildings. This Design -Build project will contain programmed space for a variety of mandated animal care services, limited community services, clinic services, and administrative services. The project currently underway will replace the existing facility with a new approximately 27,000 square foot animal shelter facility.

Apple Campus 2, City of Cupertino, CA
Supervising Inspector of Record
Chris was the Supervising Inspector of Record managing the onsite Building Department ( 4LEAF) that consisted of 22 inspectors. The construction span ned nearly 180 acres and approximately 4 million s.f. of construction. The campus includes a 2.8 million s.f. Main Building with subterranean parking, Corporate Fitness Center, Corporate Auditorium, two above grade Parking Structures, Central Utility Plant, and 600,000 Sq. Ft. of Research and Development Buildings. Chris was responsible for the coordination of inspections as well as the final approval on behalf of the Authority Having Jurisdiction. Chris routinely packaged milestones for the City’s Chief Bu ilding Official for approval. This project received Certificate of Occupancy in December of 2018. This project valuation was approximately $8 Billion and took more than five years to complete. Chris worked collaboratively with the City of Cupertino and County of Santa Clara Fire Department to ensure all inspections were performed and documented. Chris oversaw more than 400,000 inspections through the course of construction and helped our administration team prepare the Certificate of Occupancy paperwork for the City of Cupertino.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

107

Howard W. Conroy, CBO, CASp
Senior Combination Building Inspector/Plans Examiner

1 of 3

Experience Summary
Howard has more than 30 years of experience in the construction industry. Howard has worked as a Building Inspector, Planning Commissioner, General and Specialty Contractor, Building Official, and Project Manager. Howard’s diverse back ground and extensive experience makes him an ideal fit for various types of projects. Howard has a proven track history of ensuring projects are compliant with current codes with a high quality of workmanship.

In addition to his experience, Howard has als o served as the President, Education Chairman, and Coordinator for the Central Coast Chapter of ICC and on the Board of Directors for California Building Officials Training Institute (CBOTI).

Select Professional Experience
4LEAF, Inc.

Inspector or Record / Senior Building Inspector
2023 to Present
Howie has recently rejoined 4LEAF as our Senior Building Inspector and Inspector of Record. Howie will work with various Community Development Departments and Universities on project specific inspection assignments (IOR).

Cal Poly San Luis Obispo
Inspector or Record
2020 to 2023
Howie s pent three years working directly for Cal Poly San Luis Obispo with the last 18 months as the Acting Senior Inspec tor.

Howie provided inspection service s on approximately $400 million of University projects, including:

 Spanos Stadium Turf Project
 Fremont Dorm Rehabilitation (Resulting from Landslide)  Chumash Auditorium

Experience
30+ years

Education
B.S. Botany/Zoology, Northern Arizona
University, AZ, 1976

Certifications
Certified Access Specialist, Department of
The State Architect, CASp #429
ICC Certified Building Official
ICC Certified Building Code Official
ICC Building Plans Examiner
ICC Combination Inspector
ICC Building Inspector (UBC)
ICC Mechanical Inspector (UMC)
ICC Plumbing Inspector (UPC)
ICC Commercial Electrical Inspector
ICC Residential Electrical Inspector
Licensed Contractor, CSLB, B, C61,
D12, #777274

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

108

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Howard W. Conroy, CBO, CBCO, CASp
Cal Poly San Luis Obispo (4LEAF)
Inspector or Record
2017 to 2019

Student Housing South
Howard is one of 4LEAF’s Inspectors of Record on the Student Housing South now named YakPityutyu after the Northern
Chumash Tribe. The project ranges over 12 acres and will have 696 residence rooms and a parking structure totaling more than 425,000 Sq Ft. This project i ncluded construction of seven, four-five story resid ential buildings consisting of the addition of 1,475 beds, 29 resi dent advisor spaces and (2) t wo-bedroom apartments for professional staff, totaling 383,000 square feet. Rory inspected underground conduit and 12,000 volt medium voltage cable . This project also includes a campus welcome center a nd 483 pa rking spaces totaling 154,000 square feet. The project also includes site development, site utilities, parking, ramps, sidewalks and curb cuts, landscaping, site l ighting, and signage. The project valuation was $198 Million and achieved LEED Gold.

Vista Grande Dining Facility Replacement Project
Howie performed the Inspector of Record Services for this facility that seats nearly 500 people on two floors while the third floor is dedicated to office space all housed in 35,000 square fe et. The project also include d site development, si te utilities, ra mps, s idewalks and curb cuts, landscaping, site lighting, and signage. The Unive rsity delivered this project under t he traditional Design -Bid-Build method. The project valuation was $39 Million and achieved LEED Gold.

County of San Luis Obispo Juvenile Hall Project (4LEAF) Inspector Record
September 2014 to 2016
Howard was 4LEAF’s I nspector of Record on a 30-
bed detention housing facility with support spaces
to the existing 45 -bed juvenile hall facility three
new buildings and an exterior covered walkway .

This project will provide approximately 22,800
square feet of additional new housing, recreation
yard, classrooms, men tal health treatment rooms
and offices, training/conference rooms, indoor
multi-purpose/recreation, and administrative/teachers office space. The new maximum- security housing facility is a single-story building with approximately 7,920 square feet of living space, with 20 single occupancy sleeping rooms. This new housing wing will also include a large day room to be used for eating meals and activities, and (2) Counseling Interview Rooms.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

109

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Howard W. Conroy, CBO, CBCO, CASp
San Benito County
Building Official
2013 to 2014
Howard served as the Building Official for San Benito County for approximately one year. Howie was responsible for managing building inspection, plan review, code enforcement, and counter administration. In addition, Howie routinel y performed plan review and inspect ions on projects throughout the County and attended Board meetings as the representative of the Building Division.

City of Santa Maria
Building Inspector II
2008 to 2013
As a Building Inspector for the City of Santa Mar ia, Howard was responsi ble for residential and commercial building inspections and plans examining. Howard worked on various projects throughout the City inclduing a Mobile Home Park Inspection Program as the Lead Inspector and a Neighborhood Stabilization Program as the Construction Coordinator.

JAS Pacific
Building Inspector/Code Enforcement Officer
2007 to 2008
Howard worked as a building inspector and code enforcement officer for several projects for the company including the Cities of Grover Beach, Gu adalupe, Huron, Pi smo Beach, and A rroyo Grande.

Howard conducted both residential and commercial building inspections as well as plans examining and code enforcement.

City of Atascadero
Building Inspector
2006 to 2007
Howard conducted both residential and commercial building inspections. He also , trained and developed other Department inspection personnel.

City of Grover Beach
Planning Commissioner
2002 to 2004

General and Specialty Contractor
Owner
1998 to 2006
As the owner of this Company, Howard was responsible for the s upervision of employees and sub - contractors. His duties included project management and coordination and ensuring code compliance.

County of San Luis Obispo
Property Appraiser
1990 to 1998
Howard served as the Construction Expert and Property Appraiser for the County of San Luis Obispo. He was also responsible for the training of new employees.

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

110

Kono Soong, CBO
Senior Combination Building Inspector / Inspector of Record

1 of 3

Experience Summary
Kono is a Certified Building Official and Combination Residential and Commercial Inspector with over 2 5 years of jurisdictional experience, and more than 7 years of field supervisor experience. He has performed many duties wi thin buildi ng departments including inspection, plan check and lead Code Enforcement. Kono is experienced with residential, commercial, and industrial construction and has acted in the capacity as a Lead Inspector of Record at the Jackson Rancheria Hotel & Casino.

Select Professional Experience
4LEAF, Inc.

Senior Combination Building Inspector / Inspector or Record 2023 – Present
Kono has recently rejoined 4LEAF as our Senior Combination Building Inspector and Inspector of Record. Kono will work with various Community De velopment D epartments and Universities on project specific inspection assign ments (IOR). He is currently assigned to the Cities of Foster City and Hollister.

City of Fremont
Building Inspector Supervisor
2016 – 2023
Kono served seven years working as the Building Inspector Supervisor for the C ity of Fremont. During that time, Kono showed that he can plan, organize and supervise section activities; develop and maintain cooperative working relationships with individuals from diverse cultural and socio-economic backgrounds; resolve disputes concerning code require ments and effecting voluntary compliance; review construction plans and conduct field inspections of buildings including structure and electrical, plumbing, heating, air conditioning, and ventilation systems. His responsibilities included:
• Supervise 16 building inspectors; provide the inspectors with technical expertise, supervise field and office work necessary to conduct the City's building inspection program. Route and assign inspections to the inspectors.

Experience
25+ years

Education
General Education
Sacramento State University
General Education
University of Hawaii

Certifications
ICC Certified Building Official
ICC Residential Building Inspector
ICC Residential Electrical Inspector
ICC Residential Plumbing Inspector
ICC Residential Mechanical Inspector
ICC Combination Dwelling Inspector
ICC Combination Inspector
ICC Commercial Electrical Inspector
ICC Commercial Plumbing Inspector
ICC Commercial Mechanical Inspector
Building Inspector CSC
Building Inspector UBC

6.2 Attachment 4 - Proposal from 4LEAF, Inc.

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Kono Soong, CBO
• Respond to queries and resolve problems raised by staff, contractors, engineers, and architects. • Establish policies, rules and/or regulations , establish and implement policies and procedures , review, and revise inter- and intra- divisional operations processes and procedures. • Participated in employee selection, evaluations, training of new and seasoned inspectors, and, address performance issues with staff.
• Utilize the computer for tracking projects, writing, and general reports. • Provide information to any interested party on the City's building inspec tion and code enforcement program including code provisio ns, procedures, required submittal and plan processing, and inspection schedules.
• Participate in meetings with architects, engineers, property owners, developers, contractors, City staff members, and others to discuss issues involving activities of the Building Inspection section. Coordinate activities with other divisions, departments, and outside agencies. • Extensive knowledge of buildi ng, plumbing, electrical, mechanical, and related codes and regulations and the methods, materials, techniques, and practi ces employed in building design, construction, and inspection; the principles of supervision; civil engineering principles as they pertain to building construction; forms, permits, plans, and specifi cations used in a building inspection and code enforcement program; zoning code and sign ordinance and report writing.

City of Fremont
Building Inspector/Specialist
2013 – 2016
• Perform inspections, plan checks, and related duties in a specialized field of building inspection such as structural, mechanical, plumbing, electrical and fire. • Provide guidance in new electrical codes, specifications related to new products and reviewed electrical plans.
• Investigate unlisted equipment and suspect substandard insta llations to determine product equivalency.
• Resolve disputes over interpretation and application of building codes. • Meet with City officials, business representatives, and the general public to discuss specialized facets of inspection, including procedures and problems . Represents the City at meetings and conferences.
• Establish and perform the Solar Express Plan Review. Reviews and approve building permits. • Train staff in assigned building inspection specialty. • Perform combination building inspection duties.
• Maintain building inspection records. Utilize computer for tracking projects, writing and generating reports, and prepare correspondence and reports.

Nevada County
Sr. Combination Building Inspector II
2009 –2013
• Apply a broad and comprehensive scope of knowledge in the independent performance of a wide range of building inspection related activities involving multiple residences and commercial and industrial construction.

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Kono Soong, CBO
• Perform field inspections of new building construction, alterations, additions , and mobile home permits for compliance with applicable codes, regulations and approved plans. • Prepare correction letters and inspection reports. Consult with contractors, architects and engineers regarding structural safety requirements or building design. Coordinate inspection activities with other departments and agencies.
• Review a wide variety of residential, commercial, and industrial construction plans and documents. Prepare and maintain a variety of records, correspondence , and reports related to inspection activities.

CSG Consultants, Inc., Sacramento, CA
Sr. Combination Building Inspector/Lead Inspector of Record April 2008 - March 2009
• Assigned to Jackson Rancheria Casino & Hotel Campu s $250 million dollar renovation and reconstruction, acting in the capacity as a Building Inspector as well as an Inspector of Record.

Responsible for inspecting all phases of new construction and remodel. Six-story parking garage, hotel, and casino.
• Make field inspections of industrial, commercial, and Public Works pro jects during various stages of construction and remodeling to assure compliance with applicable codes and regulations of the City, County, State and Federal agencies. • Inspect a variety of el ectrical installations and other complex and routine electrical s ystem elements. Assure proper and safe installations of routine and complex electrical systems. • Responsible for finding and reporting construction defects for the current campus. Plans review and attendance of daily meetings with Project Development Superv isor regarding status of production for construction and forensic findings. Also, involved in fire design meetings for the remodeling of the hotel.

City of Folsom, Folsom
Building Inspector II
September 2007 – April 2008
• Primary inspector for a $200 million dollar nineteen building, two -story parking structure shopping mall, head inspector on $20 million dollar four-story hotel. • Assist in the checking of building plans relative to electrical systems. Conferring with developers, contractors, architects, engineers and the general public in the field and office. Instrumental in implementing new policy’s and weekly meetings.
• Research and contract new services for the Community Development. In char ge of heading up the building safety week for the ICC in the City of Folsom. Route, quick plan checks, ability to help over the counter plan check.

City of Citrus Heights,
Building Inspector I
August 2006 – September 2007
• Application of building codes for inspections on residential dwellings and commercial buildings; explain and interpret requirements and restrictions.
• Complete and maintain a variety of records, reports, documents, and correspondence relating to field inspections.

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Rich Deal, PE, TE, PTOE
Traffic Engineer, Civil Engineer

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Experience Summary

Rich is an experie nced engineer whose professional and academic background includes over 35 years of traffic and civil engineering knowledge. He is proficient in all types of traffic operations, capital improvement projects, traf fic control plans, and pr oviding design oversight. As demonstrated in his work experience, Rich has held varying p ositions within the field of traffic engineering, each of which provided him with a n increased level of responsibility and expertise.

Rich’s exper ience specifically includes creating and modifying traffic control plans for small cell and fiber pulls —most recently, he has used this skillset for the City of Oakland’s 5G project.

Rich has cultivated great working relationships w ith municipal transportation engineering department staff and the public contacts that he ass isted throughout his career. His customer service skills and the helpful approach that he brings to work each day make him an asset to any project and team.

Select Professional Experience

4LEAF, Inc.

Traffic Engineer / Civil Engineer
11/2020 - Present
Rich joined the 4LEAF team as a seasoned Traffic and Civil Engineer. He is currently working with the City of Oakland on their 5G project providing traffic control for small cell and fiber plans to improve coverage through fiber pool installation and provide a more efficient network coverage throughout the City . He brings with him a vast knowledge of professional engineering judgment , over 30 years of municipal experience, and excellent leadership qualities that make him a strong addition to any municipality.

County of Monterey Transportation Agency
Principal Engineer
10/2017 - 11/2020
In his past role as Principal Engineer, Rich was r esponsible for delivering county -wide regional highw ay projects, providing design oversight for member agencies, developing pro ject manag ers for projects funded by Measure X sales tax funds, and managing and supporting Caltrans on State Highway projects including some of the following:
 Scenic Route 68 Corridor Improvements
Experience
35+ years

Education
B.S., Civil Engineering
Cal Poly, Pomona

Professional Registrations
CA Civil Engineer, #44696
CA Traffic Engineer, #1586
USA Traffic Operations Engineer, #203

Committees/Memberships
National Commit on Uniform Traffic
Control Devices
Transportation Research Board
National Strategy for Advancing Safe
Routes to School

Associations
Institute of Transportation Engineers
American Public Works Association

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Rich Deal, PE, TE, PTOE
 State Route 156 / Castroville Blvd Interchange
 SURF! Busway parallel to Highway 1
 Fort Ord Trail and Greenway
 US 101 South of Salinas Expressway to Freeway Conversion

City of Monterey
City Traffic Engineer
6/1994 - 10/2017
While working for the City of Monterey as the City Traffic Enginee r, Rich was r esponsible for managing the Transportation Engineering Division, providing traffic operations and safety of the City’s transportation network, designing intersections and traffic signals, and interacting and coordinating with the public, City Council, Caltrans, and other agencies/various city departments. He was also in charge of implementing transportation capital improvement projects, preparing special event and construction traffic control plans, reviewing development project site plans, managing the Tr affic Com mittee, developing neighborhood traffic calming program, creating and executing the safe routes to school program, implementing traffic calming projects, maintaining traffic signals and adaptive control system, creating bikeways policies and programs, resp onding to cit izens’ traffic and parking complaints, preparing work orders and gu iding signing and striping crews, preparing federal and state grant proposals, reviewing environmental impact reports and traffic impact reports, presenting traffic is sues to City Council and Planning Commission, drafting traffic laws and ordinances, and representing the City on various transportation boards and committees.

Parsons Brinkerhoff – Orange, CA
Lead Traffic Engineer
10/1990 - 6/1994
Rich was responsible for growing and developing traffic engineering design group for a wide variety of major tran sportation projects for numerous jurisdictions throughout Southern California, including Caltrans Districts 7, 8, 11, and 12; the Counties of Los Angeles, Orange, San Bernardin o, Riverside, Ventura, and 40 Cities. Additionally, Rich ’s duties involved serving as traffic engineering technical lead for various offices nation -wide and delivering plans for signing, striping, traffic signal, street lighting, incident detection, stage construction, traffic control, and detours.

Willdan Associates – City of Industry, CA
Associate Engineer
7/1985 - 10/1990
Served as contract Traffic Engineer for small and medium size cities in Southern California. Responsible for conducting traffic investigations, responding to citizens’ traffic complaints, reviewing circulation and site plans, presenting at Traffic Commission and City Council meetings, supporting Planning Department, preparing annual budget, providing construction support, preparing signa l timing sheets, and coordinating traffic maintenance services. Client cities included Alhambra, Rosemead, Chino, Chino Hills, Santa Clarita, Westlake Village, Agoura Hills, and Hacienda Heights.

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Edmund Rivera
Inspector of Record

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Experience
14+ years

Education
Inspection Apprenticeship – Local 3
Technical Engineers

Certifications
ICC, Commercial Building Inspector
ICC, Commercial Plumbing Inspector
ICC, Commercial Mechanical Inspector
ICC, Prestressed Concrete Inspector
ICC, Structural Masonry Inspector
ICC, Spray Applied Fireproofing Inspector
Troxler Nuclear Gauge Certified
OSHA 10 Construction Training
OSHA 30 Outreach Training Construction
Industry
Aerial Lift Certified
Hilti Product Installer

Memberships
IAMPO
ICC Citrus Belt Chapter

Experience Summary
Edmund is an experienced Inspector of Record with more than 1 4 years of construction industry experience. Edmund has inspected large commercial, industrial, and institutional projects and obtained many valuable certifications through the I nternational Code Council (ICC).

Edmund’s invaluable knowledge and approach toward inspections has been instrumental in hi s assignments providing services for the University of California Santa Barbara’ s Munger Hall , the City of Palo Alto’s Public Safety Building , San Mateo County . Edmund is well known for his excellent customer service approach with the building community, fellow inspectors, and project stakeholders.

Select Professional Experience
4LEAF, Inc.

Inspector of Record
2022 - Present
Edmund is currently working on behalf of 4LEAF, Inc . as an Inspector of Record where he performs all trade inspections for commercial and residential projects. Recent assign ments include performing Inspector of Record services for UC Santa Barbara’s Munger S tudent Hall and the City of Palo Alto ’s Public Safety Building (PSB) and providing QA/QC to the County of San Mateo’s Navigation Center.

Los Angeles Airport
Construction Inspector
2022
Daily responsibilities included performing Building and MEP Inspections and establishing communication with contractors, de sign team, and stakeholders to better execute project requirements. Read and comprehend construction drawings, project specifications, RFI interpretations, and approved submittals while performing daily inspections. Effectively tracked and documen ted project progress in the form of written reports and photo documentation.

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Edmund Rivera
Building Inspector
Los Angeles County Public Works
2021
Assigned to several on-going and new projects throughout the County of Los Angeles. Projects included performing Building and MEP Inspections at a 22-story Mental Health Services building with an attached parking garage located at 510 Vermont, a preschool and daycare facility located at LAC USC, as well as a project at MLK Hospital . Daily tasks included reviewing approved construction drawings, projec t specifications, researching submittals and product data, reviewing RFIs and interpretations. Kept record of all pertinent information and photo documentation in the form of detailed daily reports.

Los Angeles Airport
QC Inspector
2020
Performed Quality Control inspections to ensure that work was acceptable and ready for LAWA and LADBS jurisdiction al inspections. Reviewed construction drawings, project specifications, RFIs, and approved submittals to better perform daily inspections. Tracked work progression by detailed report writing and photo documentation.

CDCR Health Care Facility Improvement
Inspector of Record
2017 - 2019
Edmund was the Inspec tor of Record for new construction and renovation of existing Health Care Facility located within the California Department of Corrections. Day to day duties included performing building and MEP inspections, r eviewing approved construction drawings, projec t specifications, researching submittals and pro duct data, RFI review, and interpretations. Coordination of third-party special inspections, State Fire Marshall inspections, and CASp inspections.

Apple Campus 2
Building Inspector
2014 - 2017
Acted as project inspector for 5.3-billion-dollar new construction project consisting of a 67-acre job site including a 2.5 million square foot main building, subterranean amphitheater, fitness center, par king structures, and vehicular tunnels. Performed daily inspect ions as the juris dictional authority onsite and performed building and MEP inspections. Pro vided over site and coordination of all third -party inspections.

Construction Testing Services
Deputy Inspector
2009 - 2014
Performed reinforced con crete, prestress ed concrete, structural masonry , fireproofing and shotcrete inspections throughout No rthern Californ ia. Interpreted construction d rawings, project specifications , and building codes.

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Nick J. Henderson, CBO
Building Official/Inspector of Record/Code Enforcement Officer

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Experience Summary
Nick is our Southwestern Regional Manager. Nick is a highly experienced ICC Certified Building Official and Inspector of Record with extensive administration and project management experience spanning over 40 years. He has successfully guided D evelopment Department staff in Inspection and Plan Review through all phases of complex and capital- intensive projects. Nick is experienced in directing all department responsibilities including plan rev iew, inspections, office and field supervision, and code interpretation. With his customer-first attitude and approach, Nick makes a difference to those he works with through his skills in complaint resolution, problem solving, and team building.

Nick’s management approach focuses on mentoring his staff and improving department processes to ensure services are delivered with the highest level of customer service . He is committed to serving the needs of 4LEAF’s clients through strong leadership and an effective collaborative approach. Nick has k nowledge of municipal, building, electrical, mechanical, plumbing, zoning, fire, sanitation , and related International Codes.

Select Project Experience
4LEAF, Inc.

Southwest Area Manager/Chief Building Official/Code Enforcement Officer 2021 - Present
Nick is currently the Area Manager for the Southwest United States serving Texas and Oklahoma. Nick is responsible for providing personnel and performing services such as Inspection (including acting as Inspector of Record and Building Inspector, providing precise verification and observation of specifics during the construction process), Plan Review, Code Enforcement, and Building Official services. Nick has served as the Building Official for the Cities of Rocklin, Marysville, Eureka, Galt, and Isleton. Nick has also performing Inspector of Record duties for projects such as the Martinelli Center (Livermore) and two Fire Stations for the City of San Rafael. Nick is also experienced with managing and hiring for Building Division and recently served the City of Pittsburg in revamping their department for Inspection, Code Enforcement, Plan review, and front counter support. Nick was instrumental in developing personnel and creating new Standard Operating Procedures.

Experience
42+ years

Education
Electrical Code
San Diego State University
A.A., General Education
University of Maryland
Construction Management
Community College of the Air Force

Certifications
PC832
ICC Certified Building Official
ICC Certified Building Inspector
ICC Certified Code Enforcement Officer
ICC Certified Plans Examiner
ICC Certified Building Codes & Standards
ICC Certified Management
ICC Certified Building Code Specialist
Supervisor and Leadership Training
Supervisor Asbestos Removal
Roofing and Roofing Repair
CA Field Inspector (CALBO)

Professional Affiliations
Community Coalition for Better Housing
CALBO
ICC
SVABO
Building Officials Leadership Academy
Moreno Valley City Employees Assoc.

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Nick J. Henderson, CBO

Town of Paradise, CA
Nick served as the Executive Project Manager for the Town of Paradise Recovery and Rebuild Project and oversees the project from staff recruitment, community outreach, the implementation of permitting procedures, plan review management, and building inspection phases. This four-year contract was put into place and 4LEAF is to provide Permitting, Plan Review, Building Inspection s, Public Works Inspections, Planning, Code Enforcement, Debris Removal Management, and Public Outreach for this $9.5 Billion rebuild set to take place over the next 10 years.

CSG Consultants – Sacramento, CA
Regional Building Services Manager
2017 - 2020
In his past role, Nick’s responsibilities focused on business development and strategic planning including contract negotiations for the Sacramento region. He also managed all plan reviewers, building inspectors, permit technicians in the area . Additional duties included performing c ode interpretation, plan review, Building Official infill, and project management for complex multi-million dollar projects.

City of Moreno Valley – Moreno Valley, CA
Building and Safety Supervisor / Building Official
2015 - 2017
Nick was with the City for over 13 years and was promoted from Building Inspector II to Building and Safety Supervisor and Building Official in 2015. As acting Building official, Nick managed all aspects of the City’s Building and Safety Department to include permit tech nicians, building inspectors, and administrative professionals. He also read and interpreted codes and plans to ensure compliance with specifications as they related to each code model.

Building Inspector II
2004 - 2015
In his first position with the City, Nick inspected all phases of construction projects including commercial, multi-family, residential tracts, tenant improvements, and residential homeowner projects. He read and interpreted all model codes and intricate building plans to ensure all projects were built to specifications and to code. Additional duties included performing counter duties such as permit issuance.

City of El Cajon – El Cajon, CA
Building Inspector
2000 - 2004
While with the City, Nick performed inspections on commercial, tenant improvement, and single -family residential construction projects. He also performed plans examination, read and interpreted plans in the field to ensure construction was in compliance with specifications and code, assisted with permit issuance, conducted compliance inspections, and issued violations, citations, and written reports.

United States Air Force
Sergeant (Retired)

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Martin Scott, DSA 1, OSHPD A
Inspector of Record

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Experience Summary
Martin has more than 30 years of experience as a Project Inspector / Inspector of Record (IOR) perf orming inspections with various correctional facilities, school districts, and medical facilities throughout Northern and Southern Califo rnia. In addition, Martin has 8 years of experience as an IOR working on university projects in the S tate of California. He has worked on numerous inspections from $1 million to $100 million projects. Martin has most recently completed projects for the Cou nty of San Luis Obispo and is currently the Lead Inspector of Record at San Jose State University.

Select Project Experience

San Jose State University
Inspector of Record
2018 - Present
Interdisciplinary Science Building
Martin is the Inspector of Record
services for the new Interdisciplinary
Science Building. The new 164,000
gross square feet state of the art
science facility will focus on faculty-led
student research. The facility consists of
teaching labs, research lab s, faculty offices, dean's suite, and interdisciplinary spaces. This project valuation is approximately $140 Million.

Student Recreation Activity Center
As th e Inspector of Record, Martin
helped the University complete the
$140 million Student Recreation
Activity Center, whic h is a 2 -story
structure with two out door
swimming pools, a three -court basketball gym , a multiple act ivities court, weight and cardio areas, a climbing wall, indoor running track, a group class studio with associated res trooms and locker rooms, as well as administrative support spaces.

Experience
30+ years

Education
University of California, Los Angeles
General Sciences

Saddleback College
Physical Sciences,

University of California, Irvine
Engineering and Code

Pierce College
General Engineering

Certifications
DSA Class 1 # 4470
OSHPD Class A # 10365
ICC Commercial Building Inspector
PIPE Medical Gas Inspection

Registrations
International Code Council
DSA
OSHPD

Safety Training
4LEAF Back Safety
4LEAF Slips Trips and Falls
4LEAF Ladder Safety
4LEAF PPE
4LEAF Heat Illness Prevention
Click Safety – Fall Protection
Training

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Martin Scott, DSA 1, OSHPD A

Women’s Jail Expansion, San Luis Obispo County
Inspector of Record
Martin performed Inspector of Record services for the expansion of the County of San Luis Obispo Women’s Jail. The project includes constructing 46,000 square feet (sq. ft.) facility to house and provide treatment and program space for approximately 198 women inmates on

1.5 acres of the greater 7± acres of Co unty-owned land. The project includes constructing two buildings primarily construc ted of steel, wi th interior high traffic areas constructed of concrete masonry unit and concrete for long-term durability. In phase one of the project, a 38,000-sq. ft. two-story structure was constructed that housed post-arrangement, pre-sentenced, and convicted female i nmates. In phase two of the project, the existing women’s in mate facility w as demolished, and a second 8,000 sq. ft. health care/program building was constructed. The second building is meant to provide space for medical, dental, and mental health service s, as well as other programs to support inmates.

Adult Detention Facility and Sherriff’s Administration Building, County of Calaveras Inspector of Record
Martin performed Inspector of Record services on th e $68 million New Adult Detention Facility and Sh eriffs Administration Building on behalf of th e County and Kitchel l CEM. The project consisted of the construction of three new buildings totaling approximately 130,000 sq. ft . along with associated on -site and off -site imp rovements. On - site work included construction of site grading, utility infrastructure, parking, roadways, sidewalks, fencing, landscaping , and other improvements of the approximately 11.47 acre building site. Off- site improvements included construction of a new access roadway, existing ro adway improvements and off- site utility improvements required for the project. Building construction consisted of:
• A new 41,485 square foot Sheriff’s Administration Building (Type II-B, Essential Services Facility). • A new 76,537 square foot Adult Detention Facility (Type I-B). • A new 12,035 square foot Dormitory Building (Type I-B).

College of Marin, Science Math Central Plant Building
Lead Inspector of Record
This project consisted of the construction of a new 77,000 gross sq. ft. $49 Million Science Building to replace the existing 55,000 sq. ft. 1960’s Science structure. The three -story building includes wet labs, dry labs, class rooms, and a central plan t for nearby buildings.

Adjacent softscape and hardscape was included. The new building was rated by the United States Green Building Council and features a partial “green” roof and a heating system utilizing water- fed heat pumps from the common geothermal field.

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Beng H. Low, MS, SE
Senior Structural and Civil Plan Review Engineer

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Experience Summary
Beng is a r egistered Structu ral and Civil Engineer with more than 30 years of experience in the analysis and design of multi- story buildings including schools, commercial, industrial, and residential. His experience in the design of var ious struc tural syst ems includ es special reinforced concrete shear walls, steel special moment frames, steel special concentrically braced frames, steel buckling -restrained braced frames, and wood -frame shear walls. He has e xtensive experience in respons e spectra dynamic analysis , seismic design, and seismic retrofit design .

Beng is also proficient in the latest design requirements of concrete, steel, masonry, concrete tilt-up, cold-formed steel, and wood structures with up-to-date working knowledge of many design codes.

On behalf of 4LEAF, Beng works with the City of Oakland on their 5G project where he performs fiber pull and small c ell plan reviews and works on their monument survey. He is familiar with analysis and design software such as ETABS, SAFE, SAP2000, RISA-3D, RAM, STAADPro, and Enercalc and is skilled in AutoCAD, Bluebeam Studio, and REVIT.

Select Project Experience

4LEAF, Inc. – Pleasanton, CA
Senior Structural Plan Review Engineer
2021 - Present
Beng joined 4LEAF as a Senior Structural Plan Review Engineer and is responsible for the review of commercial and residential structures , conducting quality control of 4LEAF plan review personnel, and assisting with civil plans reviews . Beng currently works on behalf of 4LEAF with the City of Oaklan d to perform structural calculations, develop plans, and provide engineering estimates and specifications for the construction of 5G towers.

SOHA Engineers – San Francisco, CA
Senior Structural Plan Review Engineer
2017 - 2021
Some of Beng’s projects with SOHA Engineers included:
• Fourth and Folsom Transit Oriented Development, 266 Fourth Street San Francisco, California o Performed 3 -D ETABS analysis, design calcula tions, and prepared schematic design drawings and specifications for 8-story family housing project. The structural system for Experience
30+ years

Education
M.S., Structural Engineering
Ohio State University
B.S., Civil Engineering
University of Roorkee (India)

Certifications
ICC Building Plans Examiner

Registrations
State of California Licensed
Professional Engineer, C48412
State of California Licensed
Structural Engineer, S4973

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Beng H. Low, MS, SE
the upper story consists of steel special concentric braced frame structure (SCBF) supported by a single story prestressed concre te podi um w ith a combinations of concrete shear walls and SCBF.
• San Francisco International Airport Terminal 3 West Modernization Project o Performed 3 -D ETABS analysis and prepared schematic design drawings for Federal Inspection Service (FIS) Connector Bri dge from Terminal 3W to International Terminal Building (ITB)
• San Mateo County Community College District Skyline College Performing Arts Center o Performed 3-D ETABS structural analysis, prepared design calculations and a full- set of design development draw ings fo r 2 blocks of 4 -story 128,000 square feet performing arts center at San Mateo Commu nity College with proscenium theater, recital hall, and band room using steel buckling- restrained braced frames (BRBF) and special reinforced concrete shear walls.

Kinnoe Structural Engineers – Dublin, CA
Senior Structural Plan Review Engineer
2015 - 2017
Some of Beng’s projects with Kinnoe Structural Engineers included:
• Madison Park Business & Art Academy, Oakland, California o Performed 3-D ETABS analysis and prepared structural design calculations for 4 blocks of 2-story buildings. The building’s structural system includes precast concrete tilt-up panel and structural steel framing with composite steel deck. Steel moment and br aced frames were used for canopies and elevator tower. Beng also p repared a full set of construction documents and specifications.
• North East Medical Services Addition, San Francisco, California o Provided a 3 -D ETABS analysis and prepared structural design ca lculations for a voluntary seismic strengthening of an existing 6 -story healthcare facility. Stee l special concentrically braced frames were adopted.
• Kaiser Fremont Hospital Addition, Fremont, California o Provided structural drawings and calculations for a single -story addition to an existing facility. Cold-formed steel framing and metal sheet shear wall system were used.

IDA Structural Engineers – Oakland, CA
Structural Plan Review Engineer
2014 - 2015
Some of Beng’s projects with IDA Structural Engineers included:
• Lesley Towers, San Mateo, California
o Performed 3 -D ETABS analysis and prepared structural design calculations for the retrofit of a 12 -story concrete 1960’s building. Shotcrete shear walls were used. Beng also prepared a full set of construction documents and specifications. • Hayward Library, Hayward, California
o Provided 3 -D ETABS analysis an d prepared structural design calculations for a new 3- story 58,000 square -footing building. The structural system includes steel framing with

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Beng H. Low, MS, SE
composite deck and concrete shear wall. Beng also prepared a full set of construction documents and specifications.
• Hismen-Hin Nu, Oakland, California
o Provided 3-D ETABS analysis and prepared structural design calculations for the retrofit an existing single -story concrete podium structure. The podium structural system includes post -tensioned slab, concrete wall, and CMU walls. The podium supports several 2 to 3-story wood-framed apartment buildings.

Structus, Inc. – San Francisco, CA
Structural Plan Review Engineer
2010 - 2013
Some of Beng’s projects with Structus included:
• Marine Emergency Response Facility, San Francisco International Airport o Performed 3 -D ETABS an alysis and prepared structural design calculations for a new 4,500-square-foot single -story marine facility and a 100-foot-long concrete causeway.

The desi gn for this deep -pile foundation structure is based on ASCE -41 performance- based non-linear step by step push-over analysis.
• SFMTA Central Subway, San Francisco, California
o Participated in the design of this $1.2 billion SFMTA’s Central Subway Pr oject (Design Packages 3). Performed structural design calcu lations for the following: design of a new surface station at 4th and Brannan; design of structural concrete inverts and walkways for the 2.5 miles of TBM subway tunnels; design of seismic bracing of jet fans, electronic signs, and equipment; tenant improvement of Operation Control Center. Beng prepared a full set of construction documents and specifications. • AC Transit Transportation Building and Bus Maintenance Facility, Emeryville, California. o Provided seismic evaluation based on ASCE31 procedure for this maintenance facility.

The Transportation Building is a 2 -story 16,000 square -foot pentagon-shaped structure which serves as an administrative building and break room. The Bus Maintena nce Facility consist s of 3 separate structures with a total area of 46,000 square foot. The buildings were constructed of CMU walls, concrete moment frames, and concrete Precast-T roof.

Kinnoe Structural Engineers – Dublin, CA
Structural Plan Review Engineer
2005 - 2010
Some of Beng’s projects with Kinnoe Structural Engineers included:
• UC Santa Cruz Cooling Tower Building
o Provided structural engineering for a 2-story tower with structural steel moment frames and steel braced frames. Th e tower is to hou se the cool ing tower and associated equipment and utilities . Beng p repared a full set of construction document s and specifications.
• Fresh & Easy Supermarket, Hayward, California
o Provided structural engineering and drawings to seismic upgrade of a masonry building with wood diaphragm. The upgrade includes a new steel platform with concrete deck, a new entrance steel canopy, and foundation works for equipment deck and freezer. • Orange County Sanitation District, Odor Control Facilities, Fountain Valley, CA o Provided struc tural enginee ring and drawings for 2 steel platforms for scrubbe rs, moment frame pipe supports, and 3 chemical area foundations.

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Nicholas Tran, FPE, ME
Fire Plan Review Engineer

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Experience Summary
As a professional Fire Protection Engineer and Mechanical Engineer, Nicholas applies both theoretical analysis and hands-on experience to the work he is assigned, ensuring successful outcomes with well -developed design and project management skills. He put s an emphasis on creative solutions and is a highly effective communicator who can develop and publish policies and procedures for executive level staff, while also giving direction to technicians in the field.

Nicholas understands and interprets codes an d standards to create an efficient and safe work environment. He is a motivated team player who successfully adapts to varying projects, jurisdictions, and teams. Nicholas has experience working in municipalities and is familiar with learning and adapting to jurisdictional processes.

Select Professional Experience

4LEAF, Inc.

Fire Plan Review Engineer
2022 - Present
On behalf of 4LEAF for multiple municipality needs, N icholas performs professional engineering reviews for fire protection plans and systems, equivalency proposals, permit applications, subdivision maps, etc., to ensure compliance with applicable codes, ordinances, and standards . He also reviews site permits, architectural, mechanical, electrical, and plumbing plans and specifications for code compliance; ensures that fire code provisions are included where hazardous processes and/or dangerous chemicals or radioactive materials are involved; and reviews codes, ordinances, and fire protection standards.

City of Milpitas Fire Department
Fire Protection Engineer / Captain
9/2019 - Present
In tandem with his role at 4LEAF , Nicholas is a Fire Protection Engineer/Captain for the Fire Prevention Division of the Milpitas Fire Department where he performs plans examination to ensure compliance with technical codes, applicable laws, state regulations, and City ordinances. He a ssists Fire Prevention Inspectors in resolving life safety, fire protection, and detection systems problems, and the storage and use of hazardous materials.

In his time with the City, Nicholas has p erformed over 1,000 plan checks concerning the construction or alteration of industrial, commercial, and residential structures to determine compliance with applicable Experience
9+ years

Education
M.S., Fire Protection Engineering
Cal Poly, San Luis Obispo
B.S., Mechanical Engineering
San Jose State University
A.S., Computer Design, Mechanical
De Anza College

Licenses & Certifications
Fire Protection Engineer (FP1896)
Mechanical Engineer (M37010)
ICC, Fire Plans Examiner
ICC, Fire Inspector I
ICC, Fire Inspector II

Professional Affiliations
Underwriter’s Laboratory
– Panel Member
Alameda County Fire Prevention
Officers – Past President

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codes and regulations. His reviews also include checking fire sprinkler, fire alarm, and other fire protection and detection system plans for complian ce with the Building, Fire, and Mechanical Codes, nationally recognized standards, and other related codes.

City of Fremont
Fire & Life Safety Plans Examiner
3/2017 - 9/2019
As a member of the City’s Building and Safety Division, Nicholas reviewed project documents for compliance with the City’s adopted codes. His plan checks focused on Life Safety Systems including Fire Sprinklers, Fire Alarms, Fire Department access, Wild land Urban Interface, and water supply systems as well as ensuring compliance with the California State Fire Marshal’s codes, regulations , and interpretations. Notable work and achievements with the City included the following:
 Reviewed over 2,000 plans ranging from underground fire lines to carbon dioxide suppression systems with a 100% on-time turnaround to customers.
 Provided engineering judgments for performance -based designs, including reviewing Fire Dynamics Simulator (FDS) results from various engineering firms for high-profile customers.  Suggested and appraised alternative methods and means of construction for all aspects of fire and life safety, from site layout to sprinkler densities.

Lawrence Berkeley National Laboratory
Fire Protection Engineer
11/2014 - 2/2017
As a Fire Protection Engineer in the Fire Marshal’s Office, Nicholas designed, reviewed, and inspected new and existing construction of High Hazard, Industrial, Laboratory, and Business Occupancies. A dditionally, he provided authority on NFPA, CBC, and ICC codes, giving interpretations and judgments as the Authority Having Jurisdiction. Nicholas also acted as the liaison between Facilities Engineering and the Fire Marshal’s Office. Notable work with the Lab included the following:
 Developed, implemented, and supervised an Inspection, Testing, and Maintenance, (ITM) program for fire barriers and fire doors in accordance with NFPA 80.  Performed Fire Protection Assessments (FPA) for over 15 buildings involving field inspection and plan review of existing life safety systems to determine code compliance.  Studied contractor -prepared test plans and witness ed commissioning for acceptance of fire protection systems.
 Consultant to executive leadership to create policies affecting safety procedures as well as providing engineering judgments for approval.

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Caitlin Roeder
Permitting Manager

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Experience Summary

Caitlin has recently been promoted to Permitting Manager from her position as Senior Project Coordinator / Project Manager for the past two years with a total of 6 years of experi ence working with customers/clients on time sensitive ma tters in the constructi on industry. She has worked in several jurisdictions such as the City of Half Moon Bay, the City of San d City, and the City of Oaklands’ 5G project as a successful project manager/coordinator providing impeccable customer service and leverage skills while providing and implementing new tactics to improve the day -to-day operations. Detail-oriented, Caitlin is highly organized and sets high personal standards for her own performance with each task she is assigned . This, paired with her dynamic talent and personal drive, renders her an asset to any team.

Select Professional Experience

4LEAF, Inc.

Permitting Manager
2021 - Present
Caitlin is currently managing a team of 6 coordinators in the 4LEAF office respo nsible for the intake ou r processing of more than 1,00 0 plan review projects per month. Caitlin is also Project Manag er for several clients including the City of Santa Clara, El Cerrito, and Gilroy. Caitlin manages several different programs including Solar, 5G Installation, and various permitting assignments from Cities who are short- staffed in their Building Departments. In her current role with 4LEAF, some of Caitlin’s duties include:
• Manage, monitor, and oversee the licen sing and permitting processing team which includes training, work assignments, performance evaluations, development, and disciplinary action. • Manage day-to-day operations of various divisional licensing & permitting activities specifically as it relates to application acceptance, review & approval workflow, license/permit issuance, productivity, as well as fiscal monitoring and reporting. • Planning, managing, developing work rules, training, coordinating, and administering all activities and personnel of suc h staff positions as administration, citizen particip ation, research, and finance, and manages such personnel as are assigned to specific functions in the performance of the necessary duties under administrative direction.
• Assists in other job-related duties as required.

Experience
6+ years

Education
A.A. in Criminology & Criminal Justice
Sonoma State University –
Rohnert Park, CA

Skills
MS Office Suite
Accela
TRAKiT
iWorQ
EZ Plan Review

Memberships
ICC
WLCE

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Caitlin Roeder

4LEAF, Inc. – Pleasanton, CA
Senior Project Coordinator / Project Manager
2017 - 2021
• Worked with clients and managed hundreds of projects at any given time. • Communicate efficiently with clients to provide them with all information regarding projects. • Establish strong relationships with clientele.
• Planning of daily duties and responsibilities for team members. • Providing training to team members to help with their growth and development leading by example and inspiring the team to achieve goals.
• Assisting in the selection, orienting, and appraising of new employees. • Examining data and making independent sound decisions. • Continually working to enhance the reputation of the organization. • Implementing new tactics to improve day-to-day operations.

Town of Danville Planning Department – Danville, CA
Clerical Assistant
2016 - 2017
• Data entry and file organization.
• Assist on clerical projects (specifically with implementation of new software). • Redesigned mapping system for zoning purposes.

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Vanessa Morales
Permit Technician

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Experience Summary
Vanessa is a highly organized Permit Technician with years of experience in management, recordkeeping, and data auditing. Her background in customer service prepared her to effectively serve the public’s needs at the Building Department counter, and her excellent interpersonal skills heighten her capacity to build rapport with clients.

Vanessa is proficient in the analysis and interpretation of data, which contributes to her ability to explain rules and regulations to permit applicants clearly and concisely. Vanessa has a remarkable drive to excel, and she ro utinely offers motivation and support to colleagues who need extra encouragement.

Select Professional Experience

4LEAF Inc.

Permit Technician
2021 – Present
Vanessa performs a wide variety technical and clerical duties to support the Plan Review and Permitting process in 4LEAF’s Pleasanton office. Vanessa’s duties include:
• Reviewing, accepting, tracking, and assisting in various aspects of the plan review process. • Reviewing development permit applications, plans and other related documents for completeness, accuracy and determining acceptability for further review. • Assisting with clerical functions and the filing and maintenance of physical and electronic files. • Utilizing 4LEAF’s proprietary software, EZ- Plan Review, and our client’s individual permitting software.

The North Face - CA
Stock Supervisor
2019 - 2021
• Achieved store sales goals by ensuring associates delivered brand standards, exceptional customer service, and utilized their selling model.
• Provided administrative support and participated in business operations. • Collaborated with the management team to compose forecasts of sales goals and subsequent courses of action.
• Assessed payroll and made necessary budgeting adjustments. • Resolved client-facing issues while preserving positive company reputation and rapport.

Experience
6+ Years

Skills
Data Entry
Quickbooks
Microsoft Office
Inventory Management

Education
AA Business Administration
Las Positas College

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Vanessa Morales
The North Face - CA
Sales Supervisor
2017 - 2019
• Contributed to the achievement of target shrink percentage. • Audited business operations according to company standards and devised methods to improve company productivity.
• Implemented training and accountability tools to better support brand standards. • Followed process protocols , investigated in -transit units to verify receipt and tracked and reported missing units.

V & D Jewelry - CA
Bookkeeper
2016 - 2018
• Recorded transactions and transferred translated data into QuickBooks. • Provided financial statements upon request and/or regularly scheduled posts. • Tracked fixed and current expenses and maintained daily records. • Restructured inventory processes, subsequently improving overall business performance. • Monitored inventory levels and ensured that the needs of the business were satisfied.

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Cecilia Muela
Director of Code Enforcement / Trainer

Experience
13+ years

Education
Code Enforcement Officer
Sacramento River College –
Sacramento, CA
A.A. – General Education
Santa Rosa Jr. College – Santa
Rosa, CA

Certifications
CALOES – Safety Assessment
Evaluator NATEC International Lead
Safety for Renovation, Repair &
Painting
PC 832 Certification

Associations
ICC
CACEO
Experience Summary
Cecilia is the Director of Code Enforcement and possesses PC 832, CALOES, and NATEC Certifications. She brings more than 13 years of experience in Code Enforcement and has served in the capacities of Code Enforcement Officer, Code/Parking Enforcement Officer, Senior Specialty Combination Inspector & Assistant Chief Building Official.

Cecilia holds a wealth of knowledge in the subjects of permit regulations, city codes, housing investigations, citation iss uance, and lien appeals along with excellent skills in conflict resolution. In addition, Cecilia is also one of the most sought-after public speakers and tours nationally on many Code topics in our industry. Cecilia teaches more than 20 courses for such agencies as International Code Council (ICC), American Association of Code Enforcement (AACE), and California Association of Code Enforcement Officers (CACEO).

Select Professional Experience

4LEAF, Inc.

Director of Code Enforcement
2022 - Present
Cecilia is the Director of Code Enforcement where she is responsible for the recruitment, hiring, placement, and training of all Code Enforcement personnel. Cecilia also routinely performs ride-a-longs with staf f to ensure continuity in enforcement procedures and techniques. In addition, Cecilia also manages all Code Enforcement contracts and works with Cities and Counties on Standard Operating Procedures, implementation of policies, and performs training to staff. In addition, Cecilia has been invited to speak at National Conferences including the Healthy Homes Conference in Baltimore, 2022.

Women Leaders in Code Enforcement
Founder
2019 - Present
Cecilia is the Founder of the Women Leaders in Code Enforcement which focuses on the growth and development of Professionals within the Municipal Government Space.

Cecilia has just announced her 3
rd annual Symposium which will span three days and
featured +speakers from across the Nation. Hundreds of participants have registered virtually and in person for the training, development, and networking opportunities.

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Cecilia Muela

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City of Santa Rosa, CA
Assistant Chief Building Official
2021 - 2022
• Planned, o rganized, supervised, trained, evaluated, and directed the daily operations and activities of permit services, code enforcement, and the neighborhood revitalization program. • Served as Acting Chief Building Official and coordinated with the Chief Building Official to develop, document, and maintain building division processes and procedures. • Developed, implemented, and monitored operations and activities as required by changes in law, regulations, and rules.
• Maintained records and prepared a variet y of reports, correspondence, and other written materials.
• Presented to representatives of other city departments, governmental agencies, policy boards, and a variety of business and community organizations.
• Assisted in developing and overseeing the implem entation of customer service policies and procedures.

City of Oakland – Oakland, CA
Senior Specialty Combination Inspector
2018 – 2021
• Responsible for leading code enforcement inspectors in journeymen class and oversee case management.
• Responsible for coordinating joint enforcement and regulation with other agencies such as fire prevention bureau, police, public works, Alameda County well and septic, Alameda County healthy housing, contractors state licensing board, Alameda County vector control, animal control, adult, and child protective services.
• Responsible for spearheading joint fire prevention bureau, building bureau, legal team, and city administration joint enforcement meeting task force for dangerous/unsafe building. • Worked closely with the city’s legal team assigned to code enforcement for review of on-going cases, receiverships, injunctive relief legal actions, relocations, and amendments for the tri- annual local code amendments to the model building codes, state housing codes, and Oakland housing maintenance codes as required by the building standards commission. • Subject Matter Expert for the Ghostship Fire Criminal and Civil Trial.

City of Santa Rosa – Santa Rosa, CA
Code Enforcement Officer
2015 - 2018
• Lead code enforcem ent officer and was responsible for case management of substandard cases up to 200+ in case load.
• Responsible for serving as back-up inspector for the neighborhood revitalization multi- family inspection program.
• Responsible for reviewing project submittals for code compliance clearance and meeting with contractors, engineers, architects, and designers prior to project submittal and for on -going compliance.
• Responsible for case preparation and presentation for administrative hearings, for board of building regulation appeals, and expert witness testimony.

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Cecilia Muela

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City of Novato – Novato, CA
Code Enforcement Officer
2013 - 2015
• Responsible for investigation of code compliance complaints, reporting, and case management. • Responsible for full management of the perennial multi-family inspection program for the city, from billing and receiving to inspections and compliance thereof. • Served as subject matter expert in my field of code enforcement. • Responsible for reviewing project submittals for code compliance clearance and meeting with contractors, engineers, architects, designers prior to project submittal and for on -going compliance.

City of Santa Rosa – Santa Rosa, CA
Code/Parking Enforcement Officer / Permit Technician
2008 - 2013
• Responsible for investigation of code compliance complaints and case management thereof. • Responsible for review and approval of over-the-counter plan check and served as back-up for building inspections such as the neighborhood revitalization multi-family inspection program. • Responsible for reviewing project submittals for code compliance clearance and meeting with contractors, engineers, architects, designers prior to project submittal and for on -going compliance.
• Responsible for case preparation and prese ntation for administrative hearings, for board of building regulation appeals, and expert witness testimony. • Served as parking enforcement officer, issued citations, patrolled parking garages for safety, took in fees for parking citations, issued parking permits, and processed appeal requests.

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Pedro “Pete” Roque
Director of Code Enforcement

1 of 2

Experience Summary

Pete is a Code Enforcement expert with PC 832 and Advanced Certificates. He brings wit h him over 1 7 years of experience in Code Enforcement a nd has served in the capacit ies of Code Enfor cement Administrator, Code Enforcement Manager, and Community Development Inspector II for multiple California public agencies.

With a demonstrated history of working in the government administration industry , Pete is s killed in Government, Emergency Management, Law Enforcement, Disaster Response, and Plan Review.

He is a s trong Business Development professional with a Bachelor of Science focused in Business Administration . Pete is proficient in conflict resolution and has a wealth of knowledge in the subject s of permit regulations, City co des, housing investigations, citati on issuance , and lien appeals. Pete is also sk illed in working with o thers to achieve compliance while maintaining a safe working environment.

Select Professional Experience

4LEAF, Inc.

Director of Code Enforcement
2021- Present
Pete is the Director of Code Enforcement where he is responsible for a growing division of more than 30 Code Enforcement Officers and Managers. Pete is experienced in receiving and documen ting complaints from citizens regarding jurisdictional ordinance violations. Pete regularly recruits and trains new Code Compliance personnel and provides classroom and field train ing throughout California. Pete also works in a director level capacity assisting with Standard Operating Procedures updates to focus on recommendations on abatement for violations of fire, building, business license, zoning, housing, dangerous building and property maintenance codes, and ordinances regulating abandoned v ehicles, trash, and weed s. In addition, Pete also takes on complicated Co de Cases for legal action and can provide testimon y at administrative hearings, City Council, Planning Commission hearings, and court proceedings. Some of Pete’s current Code Enforcement clients include:
 City of Glendale, CA
 City of Artesia, CA
 City of Lomita, CA
 City of Lathrop, CA
 City of Apache Junction, AZ
Experience
17+ years

Education
B.S., Management & Human Resources
Minor in Organizational Leadership
California State University Dominguez

A.A., General Education
Long Beach City College

Certifications
EPA Lead Renovation, Repair, & Painting
Environmental Protection Agency (EPA)

National Storm Water Inspector
National Stormwater Center

Certified Code Enforcement Officer
CA Association of Code Enforcement

PC 832
Rio Hondo College

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Pedro “Pete” Roque
City of Garden Grove – City of Garden Grove, CA
Code Enforcement Administrator
July 2018 - 2021
• Supervised Senior and Junior Code Compliance Personnel as well as Administrative Staff. • Prepared staff evaluations and performance measures.
• Acted in the capacity of Grant Coordinator of Proposition 56 Tobacco Grant Program. • Prepared criminal prosecutions and receivership.
• Created and implemented divisional policies and procedures. • Public Speaking and Training Facilitator for Building, Safety, and Law Enforcement personnel. • Performed community outreach to multiple agencies and community groups. • Prepared and presented City Council and other commission hearings/presentations. • Oversaw cost recovery and neighborhood preservation programs.

City of Montebello – Montebello, CA
Code Enforcement Manager
May 2014 - July 2018
• Supervised Senior and Junior Code Compliance Personnel. • Formulated and implemented municipal code text amendments and ordinances. • Evaluated staff performance and created professional development plans. • Prepared and presented staff reports for City Administrator and City Council. • Prepared criminal prosecutions for nuisance properties. • Prepare outstanding problem properties for receivership process. • Created and implemented departmental policies and procedures. • Provided public speaking and training to Community Development Department. • Spearheaded community outreach programs for seniors, community events, and schools. • Prepared City Council and various commissions hearings and presentations. • Created and implemented Cost Recovery and Neighborhood Preservation Programs. • Program Coordinator and Administrator for the Community Development Block Grant (CDBG).

City of Bellflower – Bellflower, CA
Community Development Inspector II / Lead Code Enforcement Inspector June 2005 - May 2014
• Created and Implemented Cost Recovery and Neighborhood Preservation Programs. • Program Coordinator and Administrator for the Community Development Block Grant (CDBG). • Created and administered Administrative Citation Program.

Driving and Training Instructor – Long Beach, CA
Driving Instructor / Drivers Education Trainer / Traffic School Instructor May 2005 - February 2020
• Taught the rules of the road and safety to traffic violators and new drivers. • Taught behind the wheel training for seniors and teenage drivers. • Certified Department of Motor Vehicles (DMV) trainer.

United States NAVY – San Diego CA
Gas Turbine Systems Engineer - Petty Officer Third Class August 1996 - August 1999
• Contributed to the repair and maintenance of gas turbine electrical systems.

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TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

APPROACH
SECTION 4

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 15 Section 4: Approach June 27, 2023 SECTION 4: APPROACH
4LEAF has built a team of experienced and knowledgeable professional plan review, inspection, and counter staff who establish diligent communication and meeting schedules with the City to ensure project scopes and budgets are clear to assigned staff in coordination with the City. Our team’s focus will consistently be on the management of multiple projects, balancing competing priorities, providing quality review of all work products at the project management level, and monitoring the City’s authorized proje ct budgets to help ensure proper accounting and project billing.

Building Plan Review Services
4LEAF will provide P lan Review for any type of structure to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required ) and S tate and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the A ccessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. The types of projects we provide these services for include Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial.

Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data. • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25. • Performing such reviews as structural, MEP, green building, fire and life safety, grading, and drainage. • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability. • Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations, and masonry. • Providing additional plan review services as requested by the City. • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and. • Supplying all plan review staff with all code books and other basic professional references.

On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 16 Section 4: Approach June 27, 2023 Plan Review QA/AC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Foster City each to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal.

Task 2 - Complete Submittal Review
Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.

Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.

Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by the City of Foster City with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.

Task 5 - Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness.

After completion of our quality control review a correction list will be e -mailed to a designated staff member at the City or as directed by the City. The correction list and a 4LEAF transmittal form will include the followin g information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.

Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to acti vely work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns.

Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Foster City processing requirements and return them to the City, along with our letter of completion.

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 17 Section 4: Approach June 27, 2023 Turn-Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn -around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs and 4LEAF promises to meet the agreed upon project turnaround times. 4LEAF also provides Fire Plan Review services.

Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi-
Family
< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable

*Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.

Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e -mail. 4LEAF prefers to pick -up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail for “pick-up” to [email protected].

4LEAF’s EZPlan Review
EZPlan Review is our in- house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. The use of EZPlan makes communication easy. This web portal allows users visualize project due dates, notes, and status updates so that projects can be followed from start to finish. Additionally, 4LEAF provides electronically s tamped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of EZPlan, 4LEAF hopes to provide a level of ease and transparency during the off-site plan review process.

Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 18 Section 4: Approach June 27, 2023 transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan re view control log through 4LEAF’s EZPlan Review Portal.

Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and City amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s pre - designated contacts.

Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and
environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company -wide, from any of our office locations. A protected on line portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process.

4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans.

Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely tu rnarounds resulting in permit issuance within 5 -7 business days.

Additional Technologies
Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 19 Section 4: Approach June 27, 2023 Structural Only Review
Upon request, 4LEAF will perform “structural only” reviews for the City. 4LEAF can communicate directly with the designers via email, in- person meetings, and through our EZPlan Review system. 4LEAF prefers PDF files for “structural only” reviews as they allow several Structural Engineers to review plans together should there be design-related questions. The majority of 4LEAF’s plan review engineers have a design background and work well with project designers.

Third-Party Plan Review and Inspections
4LEAF is able to provide third-party plan reviews and inspections to applicants; a process that increases permitting efficiency and saves owners, contractors, developers, and jurisdictions time and money. 4LEAF currently provides similar services for the County of Placer, County of San Mateo, and OSPD clients. 4LEAF meets with eac h Jurisdiction to streamline a process that will best meet the needs of their applicants.

Certified Access Specialist (CASp)
4LEAF has seven Certified Access Specialists on staff. We have performed CASp inspections, plan review projects, and have consulted on numerous construction projects for accessibility questions and advice.

Permit Technicians
4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. 4LEAF Permit Technician Staff are responsible for assisting with the issuance of various permits and licenses required for construction projects. Permit Techni cians must work closely with government agencies, developers, contractors, and the general public in order to uphold compliance with applicable regulations and guidelines. 4LEAF has approximately 60+ Permit/Counter Technicians on staff, many who are curren tly assigned to Building Departments throughout the state. 4LEAF Permit Technicians are knowledgeable regarding building codes, zoning regulations, and a variety of permitting procedures, while also understanding the significance of providing customer -oriented service. All staff will have the materials, resources, tools, and training required to perform the job.

Typical Permit Technician duties include:
• Accepting and processing plans, specifications, and other construction related documents for review. • Verifying that project submittals are accurate and complete. • Identifying potential issues or discrepancies and communicating them to the appropriate personnel. • Calculating and collecting permit fees.
• Processing and prioritizing expedited plan reviews.
• Explaining ordinances and procedures to owners, contractors, developers, architects, and general public.
• Assisting with preparation of permit applications.
• Receiving plans for Planning and Building permits and route to various agencies (as needed), coordinating with fellow staff.
• Reviewing plans for conditions of prior approval.
• Acknowledge and record complaints on code violations and process. • Answering phone calls for field and office staff.

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 20 Section 4: Approach June 27, 2023 • Coordinating inspections with building inspectors and other agencies. • Monitoring compliance with permit conditions.
• Maintaining hard copy and electronic files of building permits. • Utilizing the Building Department’s permitting software programs. • Entering data into permit tracking systems, generating reports, and maintaining statistics related to permit applications and approvals.
• Preparing periodic reports for management and related agencies when requested. • Completing related duties and paraprofessional work as assigned by Building Official and Senior staff members.
• Establishing rapport with the public, fellow staff, and other departments, ensuring a positive experience is held at the Planning and Building Department counter.

Building Inspection Services
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has a team committed to work in the Bay Area who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful.

We maintain the largest on-call database of qualified inspectors of varied qualifications for as-needed requests from our clients. 4LEAF utilizes this service for more than 350 municipalities, and we have included a snapshot of our inspection database below for your review. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre -qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipmen t, and current code books sufficient to facilitate all required inspections.

4LEAF can provide interim or full -time inspectors same-day or within one business day —simply call, email, or text our assigned Management team for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 21 Section 4: Approach June 27, 2023 Inspection Placements
Periodic Inspection Services  Available Next Day 4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City . In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.

Part-Time Inspection Services  Available Next Day 4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part -time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.

Full-Time Inspection Services  Available Two Days or Less 4LEAF can provide full- time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, including the North Bay, Peninsula/South Bay, East Bay, Sacramento Valley, Central Coast, and Central Valley.

Project Specific Inspection Services  Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).

Inspection Technology
4LEAF has extensive experience working with various inspection reporting technologies, including GoFormz which 4LEAF used this for all scopes of the Apple 2 Campus (~$6 Billion), is currently using for the Encore Boston Harbor Casino (~$2.5 Billion), San Mateo County Project Development Unit (~$1 Billion), and at San Jose State University (~$600 Million). GoFormz allows every piece of information collected on a project to be accessible by all staff as every inspection report is stored securely and safely in the cloud. The information can be accessed through a user’s web account where any inspection report can be viewed, and reports can be ran using stored project data.

With GoFormz, 4LEAF inspectors are able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to reports to show the items inspected. By means of an iPad, inspectors sign reports using a mobile signature block and attached pictures of the item inspected that were taken using the iPad.

With licenses owned by the City, 4LEAF’s Administration team will prepare inspection requests and inspection results documenting construction activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities.

GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud.

The information can be accessed through a user’s web account where they

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 22 Section 4: Approach June 27, 2023 can view any inspection report and run reports on project data. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.

The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document.

Project Inspections & Reporting
Daily, weekly, and monthly reports will be provided to the University summarizing progress at the construction site upon direct observation and will upload and distribute reports into the web -based project management system; all inspections will be documented with pictures and code references to apply the correction as well as, describe the general work performed, noting problems, rejections, and unusual events. The reports will be completed daily, concisely, factually, and will reflect the activities for each day.

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TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

FEE SCHEDULE
SECTION 5

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 23 Section 5: Fee Schedule June 27, 2023
SECTION 5: FEE SCHEDULE
FY2023‐2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF FOSTER CITY
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Structural Only Review Percentage: 35%
(Inclusive of all disciplines except Fire and Civil
which are billed on an hourly basis)
Hourly Plan Review: $140 Non-Structural Review
$160 Structural Review
Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official ......................................................................................................................... $190/hour Structural Plan Review Engineer ........................................................................................................ $165/hour Non-Structural Plans Examiner .......................................................................................................... $145/hour Certified Access Specialist (CASp) Inspector ...................................................................................... $165/hour Certified Access Specialist (CASp) Plans Examiner ............................................................................. $165/hour Senior/Supervising Combination Building Inspector (Building Inspector III) ..................................... $175/hour Senior Combination Building Inspector (Building Inspector III) ......................................................... $165/hour Commercial Building Inspector (Building Inspector II) ...................................................................... $125/hour Residential Building Inspector (Building Inspector I) .......................................................................... $115/hour Permit Manager .................................................................................................................................. $110/hour Senior Permit Technician .................................................................................................................... $99/hour Permit Technician ............................................................................................................................... $85/hour Clerk/Administrator ............................................................................................................................ $75/hour Civil Plan Review (Grading, Improvement Plans) ............................................................................... $175/hour Inspector of Record ............................................................................................................................ $160/hour DSA Class 1 / OSHPD A Inspector ....................................................................................................... $185/hour DSA Class 2 / OSHPD B Inspector ....................................................................................................... $160/hour DSA Class 3 / OSHPD C Inspector ....................................................................................................... $110/hour GoFormz Software .................................................................................................................. $50/user monthly Code Enforcement
Code Enforcement Director .............................................................................................................. $150/hour Code Enforcement Manager ............................................................................................................ $140/hour Senior Code Enforcement Officer ..................................................................................................... $120/hour Code Enforcement Officer II ............................................................................................................. $105/hour Code Enforcement Officer I .............................................................................................................. $95/hour

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 24 Section 5: Fee Schedule June 27, 2023
Fire
Fire Protection Engineer (FPE) ............................................................................................................ $205/hour Fire Prevention Officer ...................................................................................................................... $155/hour Fire Plans Examiner ............................................................................................................................ $145/hour Fire Inspector II ................................................................................................................................... $170/hour Fire Inspector I .................................................................................................................................... $160/hour Planni
ng
Housing Policy Director .................................................................................................................... $205/hour Planning Director .............................................................................................................................. $190/hour Principal/Planning Manager ............................................................................................................. $170/hour Senior Planner .................................................................................................................................. $155/hour Associate Planner ............................................................................................................................. $129/hour Assistant Planner ............................................................................................................................. $115/hour Planning Technician .......................................................................................................................... $99/hour Project Management
Project Manager ................................................................................................................................. $180/hour Principal-in-Charge ............................................................................................................................. $245/hour Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ............................................................................... . $175/hour Traffic Engineer .................................................................................................................................. . $230/hour Construction Manager……… ………………………………………………………………………………… ….……………….……. $162/hour Certified Access Specialist (CASp) Inspector (Regular time) ………………………… ………………………….…….. $165/hour Certified Access Specialist (CASp) Inspector (Nighttime) …………………………… ………………………….…….… $186/hour Certified Access Specialist (CASp) Inspector (Overtime)……………………………… …………………………….…… $223/hour Certified Access Specialist (CASp) Plans Examiner…………………………… ……………………………….……..…….. $165/hour Public Works Inspector (Regular Time) ……………………………… …………………………………… ………………..…… $153/hour Public Works Inspector (Nighttime)……… …………………………………………… ……………………………………..…….$172/hour Public Works Inspector (Overtime) ………… ……………………………… ………………………….……………. .………..…$207/hour Public Works Inspector Apprentice………… ……………………………… ……………………………………...……………… $99/hour BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables.  All invoicing will be submitted monthly.
 Staff Aug
mentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
 Most plan
reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans.  Expe
dited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City.  Plan review o
f deferred submittals & revisions will be billed at the hourly rates listed.

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 25 Section 5: Fee Schedule June 27, 2023
 All plan review services will be subject to a $330.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
 Larger complex plan reviews can be negotiated to achieve the best possible pricing.  All plan review services are billed on a percentage basis and include the initial review and 2 rechec ks. - Plan reviews will be bi
lled on an hourly basis only after the initial review and 2 rechecks unle ss otherwise agreed upon on a case-by-case basis.
- Fire and
Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
 4LEAF assumes that these
rates reflect the FY2023-2024 contract period. There will be a 3% escalation for FY2024-2025, FY2025-2026
 Overtime
and Premium time will be charged as follows:
- Reg
ular time (work begun after 5AM or before 4PM)
1 x hourly rate
- Nighttime (work begun after 4PM or before 5AM)

1.125 x hourly rate
- Overtime (over 8-hour M-F or Saturdays)

1.5 x hourly rate
- Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 h
ours Sun or Holidays)
3 x hourly rate
 Overtime will only be billed with prior authorization of the Director or other designated City personnel.  All work wi
th less than 8 hours rest between shifts will be charged the appropriate overtime rate.  Mileage drive
n during the course of Inspections will be charged at cost plus 20%.  Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.  Client shall
pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.  Client agr
ees that 4LEAF’s liability will be limited to the value of services provided.  In accordan
ce with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional
hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitl
ed rest and meal breaks during each work shift.

BASIS OF CHARGES – PREVAILING WAGE
 Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the Ca lifornia Department of
Industrial
Relations (DIR) for the projects.
 Rates for pre
vailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR.
 Per the new requirements
being enforced under SB 854 and because it is assumed that a PW C-100 Form will b
e filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request
to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured th
e apprenticeship committee will be able to provide a suitable / qualified apprentice for the
project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed

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148

Proposal to Provide On-Call Building Services to the City of Foster City. Page 26 Section 5: Fee Schedule June 27, 2023
under the California DIR’s Wage determination for Bu ilding Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice.  Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following:
- Nighttime (work begun after 4PM or before 5AM)

1.125 x hourly rate
- Overtime (over 8 hour M-F or Saturdays)

1.5 x hourly rate
- Overtime (over 8 hours Sat or 1st 8 hour Sun) 2 x hourly rate - Overtime (over 8 h
ours Sun or Holidays)
3 x hourly rate
 All invoicing will be submitted monthly.
 All work wi
th less than 8 hours rest between shifts will be charged the appropriate overtime rate.  Project-relate
d mileage for inspections will be billed at the allowable IRS Rate.  Payment
due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.  Client shall
pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.  Client agr
ees that 4LEAF’s liability will be limited to the value of services provided.  In accordan
ce with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional
hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitl
ed rest and meal breaks during each work shift.

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149

TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

REFERENCES
SECTION 6

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 27 Section 6: References June 27, 2023 SECTION 6: REFERENCES
City of Hollister, CA
Plan Review, Permit Technician, and Inspection Services

4LEAF has been providing full Building Department Services to the City of Hollister since 2012.

Currently, 4LEAF has four full-time employees at the City who perform Building Official, Building Plan Check, Building Permit Issuance, and combination Building Inspection services as would be expected as a standard function of a Building Department. 4LEAF also provides off-site Plan Check and Fire Plan Check services.

Services provided to the City include:
• Combination inspections to verify with City of Hollister’s latest adopted and amended Title 24 California Building Codes, parts, 2,3, 4, 6, 8, and 12 covering structural, fire, life -safety, disables access, energy conversion, plumbing mechanical and electrical installations. • Off-site plan review. 4LEAF’s off- site plan review team completes residential and commercial plan reviews on any projects not performed by on-site personnel. Plans include an initial review and subsequent rechecks. All pick -up or shipping expenses are covered by 4LEAF. All initial plan reviews for residential, commercial, and large commercial are completed within (10) working days of submittal. Subsequent reviews are completed within (5) working days of the resubmittal. • Preparation of all building permits and related paperwork to be submitted to the City for collection of permit fees.
• Collection of all fees for building inspection and review services at Building Department office and submits to the City’s Finance Department all received payments by the close of each business day. • All inspections completed within one (1) working day of request by a permit holder for any work which requires a building permit.
• Certification in writing that each inspection performed and authorized as complete, conforms to all applicable local, State, and fe deral building codes, ordinances, regulations, and requirements, and that the work is in conformity with applicable approved plans and specifications. • Fire plan checks of alarm permits, fire sprinkler systems, hood system, and underground storage tanks for compliance with all applicable, local, state, and federal codes. Provides all approved plans to the City fire department to make inspections. Collects fees for fire plan checks, fire permits and fire inspections.

Agency Name: City of Hollister
Project Dates: 2012 - Present
Client Contact: Christine Hopper, Development Services Director Client Address: 375 Fifth St., Hollister, CA 95023
Client Telephone: (831) 636-4360 Ext. 1221
Client Email: [email protected]

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 28 Section 6: References June 27, 2023 Project Development Unit (PDU) – County of San Mateo, CA Building and Fire Plan Check, Fire Inspection, and Inspector of Record Services 4LEAF is currently performing Plan Check and Inspector of Record services for multiple projects on behalf of the County of San Mateo’s Project Development Unit. This $1 billion program consists of up to 18 projects over the course of more than five years. 4LEAF is responsible for the combination inspections and inspection reports related to all projects including:

Regional Operations Center
The new 37,000 -square-foot, two -story Regional Operations Center (ROC) will be located on the County Center campus where the motor pool was once located. The Center will house 911 Public Safety Dispatchers, an Emergency Operations Center, and the Office of Emergency Services. The ROC will serve as a hub for public safety responders during major catastro phic events. The building will achieve LEED Silver certification from the U.S. Green Building Council and is the largest project funded to date by Measure K.

Skylonda Fire Station #58
This project consists of a barracks/office building consolidating the functions and operations of two existing structures into a single structure. The building will contain administrative offices and related support spaces, conference and training rooms, a kitchen and dining room, dayroom, dorm rooms, fitness rooms, showers, and restrooms. A new primary vehicular access connection shall be to facilitate improved traffic sightlines and vehicle turning radiuses.

Animal Shelter
The County is constructing a new animal shelter that will be located at the Coyote Point site of the current animal shelter to replace the existing shelter buildings. This Design-Build project will contain programmed space for a variety of mandated animal care services, limited community services, clinic services, and administrative services. The project will replace the existing facility with a new approximately 27,000 sq. ft. animal shelter facility.

Additional Projects
• County Office Building #3 • Parking Structure #2 • Portola House • Cordilleras • San Mateo Medical Center • Pescadero Fire Station • South San Francisco Health Center • La Honda Fire Station • Pine Street Project

Agency Name: County of San Mateo, PDU
Project Dates: 2017 - Ongoing
Client Contact: Keith Anderson, Project Manager
Client Address: 455 County Center, 2nd Floor, Redwood City, CA 94063 Client Telephone: (650) 224-7119
Client Email: [email protected]

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 29 Section 6: References June 27, 2023 City of Pacific Grove, CA
Plan Review, Permit Technician, Building Official, and Building Inspection Services

4LEAF is currently the City of Pacific Grove’s only Building Department Consulting Firm. Our duties include:
 Chief Building Official
 Building Inspection Services
 Project Inspection Services
 Building and Civil Plan Review Services
 Permit Technician/Permit Processing
 Traffic Engineering
 Fire Review and Inspection Services
 Code Enforcement Services
 Planning

4LEAF was recently selected as the sole provider of Plan Review and Inspection Services for two major developments to be constructed over the next three years. 4LEAF will provide continuous inspection services and plan review for each project which will utilize 4LEAF’s internal management system EZ Plan Review and GoFormz.

Pacific Grove Hotel
Plan Review, Inspection, and Project Management
4LEAF is providing the plan review, inspection, and Project Management on Pacific Grove's first new construction hotel project since 1983. This luxury four-star hotel will feature 102 guestrooms and suites with ocean views from all four floors, luxury amenities, and elevated Spanish colonial design. Amenities include a chef driven Restaurant and Bar, Day Spa, Expanded Fitness Center, Redwood Saunas with Himalayan Rock Wall, and Two Pro-Style Virtual Golf Simulators.

ATC Hotel and Commercial Project
Plan Review, Inspection, and Project Management
4LEAF is providing the plan review, inspection, and Project Management on a project to rep lace the existing 165,000 square feet of “factory outlet” and related uses with a new hotel and commercial uses. The hotel and commercial uses would provide 225 guest rooms in two primary guest wings ( Family/Group Wing and Executive Wing) with a restaurant and bars, meeting and gathering spaces, spa and fitness center and approximately 20,000 square feet of street retail uses along the Ocean View Boulevard frontage. These street retail uses would retain and incorporate portions of the existing industrial structure.

Client Name: City of Pacific Grove Key Personnel
Project Location: Pacific Grove, CA John Keuhl – Building Official Client Contact: Ben Harvey, City Manager Rich Deal, PE – Traffic Engineer Client Address: 300 Forest Ave, 1st Floor, Pacific Grove, CA 93950 Lisa Feliciano – Permit Tech Client Telephone: (831) 648-3190 Raquel Mays – Permit Tech Client Email: [email protected] Craig Tole – Consultant PM

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Proposal to Provide On-Call Building Services to the City of Foster City. Page 30 Section 6: References June 27, 2023 On-Call Plan Check and Inspection Services
4LEAF has an on -call contract with the City of Dublin Building Department to provide contract third-party plan review, code enforcement, and inspection services. 4LEAF is responsible for work being performed within the City’s jurisdiction on projects ranging from major new development areas to capital improvement projects and infill development. 4LEAF has supplied as many as 14 continuous staff to the City of Dublin over the course of this ongoing contract and since 2004, has provided the entirety of contract building inspection services.

4LEAF inspection staff members have provided combination building inspection services for some of the City’s most important commercial projects including shopping centers, parking garages, big-box retail stores, medical centers, libraries, and countless capital improvement projects. 4LEAF inspection staff members have also provided combination building inspection services on numerous high-density residential projects which routinely required Type V one- hour inspections. Projects include:

ZEISS Innovation
This project consists of the construction of a Class A, three -story 208,650 square foot building which includes offices, engineering labs, R&D facilities, kitchen/cafeteria, amenities spaces and project demo areas. Additional features include a warehouse and supporting facilities, a plaza, internal walkways/roadway and landscaping, preserved wetland, new landscaping, and on -site and off- site improvements. Project completion 2021.

Kaiser Dublin
Kaiser opened its new 282,000 SF, 3 -story Specialty Medical Office Building (SMOB) and Cancer Center, the first building constructed on a 58-acre site. The new SMOB consists of advanced medical, ambulatory surgery and recovery, urgent care, and other specialty medical clinics with ancillary services including general imaging, lab, and pharmacy spaces. Kaiser Dublin also houses a 45,000 GSF cancer center that consists of radiation oncology with four linear accelerators and feature its own drop -off and entrance area. The SMOB is partially classified OSHPD 3 and meets hospital standards while achieving Kaiser’s LEED energy savings goals.

Ashton at Dublin Station
Ashton is a 7 story, 282,323 square foot mixed use commercial/multifamily building.

Project consist of 5 stories of housing consisting of 220 units on top of a 2 -story parking structure. This project is currently under construction and with completion scheduled for the end of 2021.

Client Name: City of Dublin
Client Contact: Gregory Shreeve, C.B.O, CASp
Contact Telephone: Office: (925) 833-6620
Contact Email: [email protected]
Date of Service: 2002 - Present
City of Dublin, CA

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TO THE

PROPOSAL TO PROVIDE

ON-CALL BUILDING SERVICES

CITY OF FOSTER CITY

ACKNOWLEDGEMENT OF CITY'S

AGREEMENT
SECTION 7

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155

Proposal to Provide On-Call Building Services to the City of Foster City. Page 31 Section 7: Acknowledgement of City’s Agreement June 27, 2023 SECTION 7: ACKNOWLEDGEMENT OF CITY’S AGREEMENT
4LEAF, Inc. does not have any proposed exceptions, deviations, alterations, or amendments to the Professional Services Agreement template or other requirements of the RFP for On-Call Building Services for the City of Foster City and will be able to fully execute and comply with the information provided therein.

4LEAF, Inc. has no exceptions to fulfilling the City of Foster City’s insurance coverage requirements as laid out in the Professional Services Agreement template.

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156

West Coast Code Consultants, Inc.

PROJECT CONTACT:

Donald Zhao, PE, MCP , CBO
Vice President, Regional Manager
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353
C: (925) 997-4322
E: [email protected]

REQUEST FOR PROPOSAL
Proposal Prepared for: City of Foster City, CA
Submitted by: 5 pm, Tuesday, June 27, 2023
On Call Building
Services for City
of Foster City

West Coast Code Consultants, Inc.

South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
T eaming with Y our Community to Make a Difference
Attn: Prabath Silva, PE, CASp
Chief Building Official
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
P: (650) 286-3240
E: [email protected]
Photo Credit: Travel Lens - https:/ /www.travellens.co/best-things-to-do-in-foster-city-ca/

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Teaming with Your Community to Make a Difference | www.WC-3.com 2 Table of Contents
WEST COAST CODE CONSULTANTS, INC.

Donald Zhao, PE, MCP , CBO | O: (650) 754-6353 | E: [email protected] 417 Grand Avenue, Suite 201, South San Francisco, CA 94080 | www. WC-3 .com Letter of Interest 3
Executive Summary 4
Firm's Experience 5
Firm's Understanding 9
Firm's Qualifications 10
Proposed Project Approach 14
Fee Proposal 20
References 22
City Agreement Acknowledgment 23
Appendix - Resumes 25
Photo Credit: Travel Lens - https:/ /www.travellens.co/best-things-to-do-in-foster-city-ca/

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June 27, 2023
Prabath Silva, PE, CASp
Chief Building Official
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
RE: Request for Proposals for On-Call Building Services for City of Foster City Attn: Prabath Silva,
West Coast Code Consultants, Inc. (WC3) is thrilled to present our proposal to the Community Development Department and Building Division (Division) of Foster City, California (City). We are offering our services to provide On-Call Building Services as necessary in support of the Division and City.

WC3 has a proven track record of providing reliable support and excellent service for plan review, building inspection and staff augmentation or front counter permit technician services throughout California. We are confident in our ability to provide these important services to your City.

Our team includes licensed professional civil engineers, structural engineers, fire protection engineers, and land surveyors, ICC-certified building officials, fire marshals, plans examiners, building and public works inspectors, permit technicians, and other professionals. Our vast experience working on various civil, engineering, architectural, structural, mechanical, electrical, plumbing, solar, fire, and energy projects has provided WC3 with unparalleled knowledge of local codes and ordinances, State Codes, Federal Codes, and Standards.

Our combined experience, knowledge, and customer service are key to our performance. We are fully capable of meeting the building plan review, building inspection and permit support needs for your projects. Our prime strategies for serving your agency are as follows:

X Provide accurate and responsive plan review, inspection and permitting services to ensure compliance with applicable codes and standards.

X Provide the highest level of customer service and perform plan reviews and inspections that meet or beat standard turnaround times.

X Balance the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

We thank you for your consideration and look forward to an opportunity of continuing to work together. We are confident in our ability to meet the needs of Foster City and eager to deliver professional, thorough service with our diverse, experienced team. If you have any questions or require further information, please feel free to contact me, or our Vice President and Regional Manager, Mr. Donald Zhao, at anytime. He can be reached at:

Donald Zhao, PE, MCP , CBO - Vice President/Regional Manager West Coast Code Consultants, Inc. | South San Francisco Regional Office 417 Grand Avenue, Ste. 201 | South San Francisco, CA 94080 | P: (650) 754-6353 | E: [email protected] Sincerely,
Giyan Senaratne, PE, SE, LEED AP
Principal / CEO
San Ramon Corporate Office | 5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: (925) 275-1700 | www.WC-3.com Letter of Interest
3 6.2
Attachment 5 - Proposal from West Coast Code Consultants, Inc.

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Teaming with Your Community to Make a Difference | www.WC-3.com 4 Executive Summary
As a leading provider of on-call professional building division services in California, WC 3 is pleased to submit a proposal to the City of Foster City for your building safety needs. Our company has been serving various jurisdictions throughout the state for over 17 years, providing top-notch plan check, inspection, and code enforcement services, as well as staff augmentation and permitting services.

Our team at WC3 comprises licensed professional civil and structural engineers, International Code Council (ICC) certified building officials, fire marshals, plans examiners, building inspectors, and other professionals who stay abreast of current trends and regulations in the industry. With extensive knowledge and expertise, we have helped many jurisdictions transform their communities and improve upon safety for their citizens.

We understand that the City of Foster City values high standards of customer service for its citizens, which is why we are confident that our reputation for reliable, professional service, responsiveness, and industry expertise will align with your needs. Our number one goal is to exceed our clients' expectations, and we believe that our partnership with Foster City can help bring peace of mind to your community in a manageable, sustainable, and profitable way.

Our proposal includes a comprehensive approach to the project and work plan, which outlines our innovative solutions to assist Foster City. We have a passion for helping our clients create safe communities as they grow, and we are eager to continue providing our array of services to the City of Foster City.

We look forward to the opportunity to work with the City of Foster City and believe that our expertise and experience make us the perfect partner to help you achieve your goals.

Photo Credit: Travel Lens - https:/ /www.travellens.co/best-things-to-do-in-foster-city-ca/

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Teaming with Your Community to Make a Difference | www.WC-3.com 5 Firm's Experience
Highlights
Company Overview
West Coast Code Consultants, Inc. (WC
3 ) is a
code compliance consulting firm, specializing in
comprehensive plan review, inspection and staff
augmentation services. Founded by Giyan Senaratne
in 2006, WC3 is not a subsidiary of any other firm. The company has experienced steady growth over the
past 17 years and has evolved from a small central
team in California to an industry leader throughout
the western United States. WC3 serves clients with 11
office locations in six states and over 130 employees.

No mergers, acquisitions or business transfers have
ever taken place with regards to the company, nor
has our firm filed any bankruptcy or insolvency
processing within the last ten (10) years. Should
a contract be awarded, our South San Francisco
Regional Office will primarily service the Foster City
contract. No sub-contractors or sub-consultants will
be utilized to perform the work.

Primary Contact
Donald Zhao, PE, MCP , CBO | VP , Regional Manager
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353 | E: [email protected]

COMMUNICATION
Good communication
is a top priority in
providing good service.

WC3 staff members
assigned to Foster
City projects will be
responsive and easy to
contact by email
and/or phone.

Our qualified team
performs a variety of
timely reviews, including:

Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing building
department services
and more for over a
decade. Each team
member working on
the Foster City projects
will have obtained all
requisite certifications
and licensing.

Staff Entity Federal ID/Tax ID
130+ S-Corp 204707579
San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700 | F: (925) 275-0600
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353 | F: (925) 275-0600
Recognition & Accomplishments
• ICC Preferred Education Provider (#1129)
• AIA Education Provider (#38839994)
• 2022, 2014 & 2010 ICC Chapter Industry
Awards for Excellence
• 2021, 2019 & 2015 ICC Chapter Education Awards
• 2019 ICC Chapter Permit Tech of the Year
• 2021 Plumbing Essentials Handbook Author
• 2021 & 2018 IBC Handbook Co-Author
• 2018 IEBC Handbook Author
• 2018 IRC Plan Review Course Developer
• 2018 IBC Structural/Non-Structural Plan
Review Course Developer

ON-TIME PLAN REVIEW QUALIFIED
Certification

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Teaming with Your Community to Make a Difference | www.WC-3.com 6 The WC 3 team is comprised of licensed and certified...

WC3 has been serving local jurisdictions with complete plan review, inspection, sta ff augmentation and other comprehensive services for almost 17 years. The company was founded on a commitment to supporting municipalities with exceptional service, code expertise and creative problem-solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high-rise, or a complex mixed-use commercial and residential occupancy, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals is licensed, certified and understands all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner.

When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overflow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with city officials, employees or applicants. In many instances, our employees have served jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or to provide interim building official or fire marshal services. We strive for complete satisfaction and our remarkable employees are always ready to assist.

WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on-demand training courses in building safety and fire prevention for field and technical staff, nationally. We remain a leader in meeting ever- changing industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible.

BUILDING SAFETY | FIRE PREVENTION | ENERGY & POWER PUBLIC WORKS & CIVIL ENGINEERING | WC 3 ACADEMY | ePROCESS360 Our T eam
Civil Engineers
Structural Engineers
Traffic Engineers
Fire Protection Engineers
Certified Fire Marshals
Certified Building Officials
Certified Access Specialists (CASp)
Certified Plans Examiners
Certified Building Inspectors
Certified Public Works Inspectors
Certified Fire Inspectors
Certified Permit Technicians
Firm's Experience (Continued)
Building/Fire Plan Reviews
Civil/Public Works Plan Review
Code Interpretation
Code Enforcement
Building/Fire/Civil/Energy Inspection
Building Official/Fire Marshal Services
Administrative Services
Staff Augmentation
Code Training/Education
Online Permitting/Municipal
Software Solutions
And More!

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Teaming with Your Community to Make a Difference | www.WC-3.com 7 Specific Municipal & Jurisdictional Experience
WC3's professional team has experience reviewing and inspecting various construction types and occupancies, including educational institutions, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable jurisdictions with whom WC’ has had the pleasure of building relationships with and serving in various capacities. Over the years and throughout each individual project or assignment, our team applied a comprehensive understanding of multiple building codes and worked cohesively with management teams, in-house staffing, contractors, design teams and fellow peers to help resolve code issues. As the percentage of work fluctuated and varied with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time.

Firm's Experience (Continued)
CITY OF CUPERTINO - APPLE PARK 2014 to Present
Building Plan Review, Building Inspections, eProcess360-EDMS Project specific, WC 3 provided the architectural and structural plan review for the entire Apple Park project. The unique building spans four stories above grade and two stories below grade, totaling 4.3 million square feet. Throughout the 5+ years of construction, WC 3 assisted with all aspects of plan review including, the original plan review, electrical plan reviews for the solar rooftop and review of all changes during construction. WC3 also provided electronic document control and file management by providing access to a secure online portal and an eProcess360-type system.

CITY OF EMERYVILLE 2006 to Present
Building Plan Review, Building Inspections, Staff Augmentation For decades, WC 3 has been serving the plan review and inspection needs of the City of Emeryville. Throughout the years, WC 3 has provided a pool of qualified candidates to work in-house performing over the counter permitting, plan review and field inspection services.

The City of Emeryville is extremely pleased with WC 3’s service.

Exciting projects over the years include Pixar Animation Studios, EmeryStation West, the Sherwin Williams Mixed Use Development, the Marketplace Redevelopment Project and more.

CITY OF REDWOOD CITY 2014 to Present
Permit Support, Building/Fire Plan Review, Building Inspections WC3 has been serving the plan review needs of Redwood City since 2014 and providing permit support since approximately 2018.

Throughout the years, WC 3 has assisted the City with in-house services that include over-the-counter plan check, permit technician and inspection services. Redwood City is extremely pleased with WC3's service and often shares its appreciation of our highly trained experienced, customer-centric, punctual and reliable employees.

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Teaming with Your Community to Make a Difference | www.WC-3.com 8 Firm's Experience (Continued)
CITY OF SAN BRUNO 2014 to Present
Permit Support, Building & Civil Plan Review, Building Inspections, Interim Building Official Services
WC3 began serving the Building Safety needs of the City of San Bruno in 2014 with plan review and permit tech support. WC 3 currently provides the City plan review, inspection and staff augmentation services to the Building Division. In late 2020, WC 3 also provided Interim Building Official services.

CITY OF SOUTH SAN FRANCISCO 2014 to Present
Building, Civil and Fire Plan Review, Building and Public Works Inspections, Staff Augmentation, Interim Building Official Services WC3 has been serving the Building Safety as well as Civil and Public Works needs of the City of South San Francisco since 2014. The City continues to utilize WC 3 plan review and inspection services in both disciplines and is extremely pleased with the positive feedback continually received from City Council members on WC3’s professional employees and code expertise.

CITY OF EAST PALO ALTO 2017 to Present
Building Plan Review, Building Inspections, Staff Augmentation and Building Official Services
Since 2017, WC 3 has had the opportunity to perform building plan review, structural plan review and inspection services on behalf of the City of East Palo Alto. Offering professional assistance a few days per week, duties include overseeing the overall health and safety functions of the Building Division, such as plan check, staff augmentation, building inspections, code enforcement and permit counter support.

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Teaming with Your Community to Make a Difference | www.WC-3.com 9 Statement of Understanding and Ability to Meet Foster City Requirements WC3 proposes the services of Mr. Donald Zhao, PE, MCP , CBO as our main point of contact and Client Manager for Foster City. Ms. Fattah will serve as Plan Review Manager, Mr. Rossbach, MCP , CBO, will serve as Building Inspection Manager, and Mr. Marky Phun will oversee and train all associated staffing for permitting services. We shall assign competent personnel to perform all services on behalf of Foster City and upcoming projects. A complete listing of proposed personnel along with their expertise, professional background, certifications, training, and services they will perform can be found on pages 10-13 of this proposal. In the event that Foster City, in its sole discretion, at any time during the term of a potential agreement, desires the reassignment of any staff members, WC 3, shall immediately upon receiving notice from the City, reassign such person or staff members.

WC3 provides a thorough assurance/quality control program through assignment of the proposed project management team to follow plan review, inspection and permitting projects from submission or request to approval and completion. Weekly meetings are held for collaboration and clarification on any details, issues or questions and documents are thoroughly reviewed by the project manager and supervisors prior to being released to Foster City.

Our entire team as a whole strives to always reference direct codes and to not make “best practice” comments as can be common in the industry. Our plans examiners and inspectors are well versed in the requirements of State of California Building, Mechanical, Electrical, and Plumbing Codes, as well as State energy efficiency and accessibility standards as amended by the City of Foster City. This includes Part 2 of the larger California Building Standards Code (Title 24) that consists of:

As the percentage of work fluctuates and varies with each individual project, WC 3 staffing will be assigned per Foster City's needs and based upon the project’s scope of work. All project schedules will be adhered to and all project work will be completed on time or before project due dates. For Foster City projects, our firm will devote sufficient time and resources to the performance
of services as may be necessary to meet a high
standard of performance. A complete example of
how WC3 adheres to agreed upon schedules, how
we make efficient use of personnel and resources,
and what techniques our firm uses to deliver
quality services may viewed on pages 14-19 of this
proposal.

WC3 staff will be available for off-site or remote plan review services as necessary. At the request and
direction of the Foster City Chief Building Official,
WC3 plan review, inspection, and permit technician
staff will also be available to serve on-site, within the City, to provide support for one-stop City services.

Firm's Understanding
X Part 1: California Administrative Code
X Part 2: California Building Code
X Part 2.5: California Residential Code
X Part 3: California Electrical Code
X Part 4: California Mechanical Code
X Part 5: California Plumbing Code
X Part 6: California Energy Code
X Part 8: California Historical Building Code
X Part 9: California Fire Code
X Part 10: California Existing Building Code
X Part 11: California Green Building Standards Code
X Part 12: California Referenced Standards Code

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Teaming with Your Community to Make a Difference | www.WC-3.com 10 Project Management Personnel
WC3 has established an experienced project team of individuals that would seamlessly augment Foster City staff. The South San Francisco office will serve as the management center for this project and Mr. Donald Zhao, PE, MCP , CBO will serve as Client Manager and key WC3 contact for the City. The following includes a brief summary of proposed key contacts. On the subsequent pages, the additional members of the designated team are listed with specific assignment of in an Organization Chart, as well as a Qualifications Table, displaying all licensing and certifications. Complete resumes are available for viewing in the Appendix - Resumes, while copies of requisite licensing or certifications may be provided upon request.

We propose the services of Mr. Donald Zhao, PE, MCP , CBO as our main point of contact and Client Manager for Foster City. With over 20 years of experience in the construction industry and 14 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets. Donald uses every opportunity to expand his base of knowledge and share it with his team. His utilization of modern collaboration technology, along with a strict standard of quality, has enabled Donald to lead the South San Francisco branch of WC3 into six years of consistent growth. Donald's technique and ambition serve as the foundation and goal for all his employees and set him at the cutting edge of an industry constantly in search of innovation.

Donald Zhao, PE, MCP, CBO - Client Manager, Vice President, Sr. Plan Review Engineer Ms. Fattah has over 20 years of structural design experience with 12 years as a design engineer and over eleven (11) years as structural and non-structural plan review engineer.

She brings a broad range of experience to any project. As a plan review engineer she has reviewed hundreds of projects for jurisdictions throughout California. Types of projects reviewed include single family dwellings, podium type residential complexes, corporate offices, OSHPD Medical facilities and Data Centers. She has provided in-house plan review services in multiple jurisdictions throughout the bay area and currently leads the plan review division at WC3's San Ramon office. Mrs. Fattah is a long time Bay Area resident and is intimately familiar with the Bay Area built environment.

Zahra Fattah - Plan Review Manager
Mr. Rossbach, MCP , CBO, is an International Code Council (ICC) certified Master Code Professional and Building Official with over 25 years in the construction industry. His experience has enabled him to demonstrate exceptional problem-solving skills. Having worked with numerous customers in the construction industry, he also presents incredible interpersonal skills with strict attention to detail. Exposure to the industry from a variety of positions has assisted Joe in gaining the valuable skills necessary to perform a variety of inspections to ensure code compliance. He brings extensive building and construction inspection experience in multiple disciplines as well as in-depth trade and product knowledge to every project.

H. Joe Rossbach, MCP, CBO - Building Inspection Manager Firm's Qualifications

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Teaming with Your Community to Make a Difference | www.WC-3.com 11 In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

West Coast Code Consultants, Inc. (WC3)
Giyan Senaratne, PE, SE, LEED AP
Principal / CEO

INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspector Manager
Leo Bautista
Building Inspector
Fernando Romero
Building Inspector
Eric Cabana
Building Inspector
Alan Wong
Building Inspector
Structural / Building
Donald Zhao, PE, MCP, CBO
Client Manager
Senior Plan Review Engineer
Zahra Fattah
Plan Review Manager
Senior Plan Review Engineer
Curt Hume, PE, SE
Structural Plan Review Engineer
Keith Ma, PE, SE
Structural Plan Review Engineer
Lily Rong, PE, SE
Structural Plan Review Engineer
Keyvan Irannejad, PE, CBO
Structural Plan Review Engineer
Eric Schneiderjohn, PE, QSD
Senior Plan Review Engineer
Noel Mendoza, EIT
Building Plans Examiner
Souad Maghrbi
Building Plans Examiner
Vice President / Regional Manager
Donald Zhao, PE, MCP, CBO

PLAN REVIEW SERVICES
Organization Chart
CASp
Saeed Amirazizi, SE, CBO, CASp
Structural Plan Review Engineer
Electrical
Doug Smith, MCP, CBO
Senior Plans Examiner
MEP
Sekhar Tatapudy, EIT
Senior Plans Examiner
George Williams
Senior Plans Examiner
Fire & Life Safety
Scott W. Adams, FPE
Fire Division Manager
Senior Fire Plan Review Engineer
Civil
Maurice Kaufman, PE, LS
Civil Division Manager
Senior Civil Engineer

PERMITTING SERVICES
Marky Phun
Permit Technician Supervisor
Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 12 PLAN REVIEW SERVICES
Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
• Registered PE: CA 46194
• Registered SE: 4457
• LEED AP Certification
• +8 Additional Certifications
• 32 Years Industry Experience
Donald Zhao, PE, MCP , CBO
Vice President, Client Manager
Senior Plan Review Engineer
• Registered PE: CA 79273
• ICC Master Code Professional
• ICC Certified Building Official
• +30 Additional Certifications
• 15 Years Industry Experience
Zahra Fattah, LEED AP
Plan Review Manager
Senior Plan Review Engineer
• BS in Structural Engineering
• BS in Applied Physics
• ICC CA Building Plans Examiner
• 23 Years Industry Experience
Curtis Hume, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 38266
• Registered SE: S3134
• +3 Additional Licenses in
Washington and Arizona
• 40 Years Industry Experience
Keith Ma, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 364767
• Registered SE: 5065 • 14 Years Industry Experience
Lily Rong, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 76434
• Registered SE: 6469
• 20+ Years Industry Experience
Keyvan Irannejad, PE, CBO
Senior Plan Review Engineer
• Registered PE: CA C 44539
• BS in Environmental Engineering
• ICC Building Plans Examiner
• +9 Additional Certifications
• 34 Years Industry Experience
Eric Schneiderjohn, PE, MS
Senior Plan Review Engineer
• Registered PE: CA C 87019
• MS in Civil Engineering
• ICC Building Plans Examiner
• +2 Additional Certifications
• 10 Years Industry Experience
Noel Mendoza, EIT
Building Plans Examiner
• Bachelor of Civil Engineering
• Engineer in Training
Certification
• ICC Building Plans Examiner
• 8+ Years Industry Experience
Souad Maghrbi
Building Plans Examiner
• Bachelor of Science in
Engineering
• ICC CA Building Plans Examiner
• 20+ Years Industry Experience
Saeed Amirazizi, SE, CBO, CASp
Structural Plan Review Engineer
• Registered SE: CA S3499
• Certified Access Specialist
(CASp) - 670
• ICC Certified Building Official
• +7 Additional Certifications
• 21 Years Industry Experience
Doug Smith, MCP , CBO
Senior Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• Electrical Plans Examiner
• +12 Additional Certifications
• 21 Years Industry Experience
Sekhar Tatapudy, EIT
Senior Plans Examiner
• Masters of Business
Administration
• Bachelor of Science Mechanical
Engineering
• 37+ Years Industry Experience
• 14+ Years Bay Area Plan Check
Experience
Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 13 PLAN REVIEW SERVICES (Continued)
George Williams, MCP , CBO
Senior Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Certified Plumbing Code
Specialist
• ICC Mechanical Code Specialist
• + 29 Additional Certifications
• 21 Years Industry Experience
Scott W. Adams, FPE
Fire Division Manager
Senior Fire Plan Review Engineer
• Registered FPE CA: 2089
• BS in Fire Protection
Engineering
• Licensed in Utah and Nevada
• +2 Additional ICC Certifications
• 43 Years Industry Experience
Maurice Kaufman, PE, LS
Civil Division Manager / Sr. Civil Engineer
• Registered PE CA: 43680
• Registered LS CA: 7256
• MS in Structural Engineering
• 34+ Years Industry Experience

INSPECTION SERVICES
H. Joe Rossbach, MCP , CBO
Building Inspection Supervisor
Senior Building Inspector
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Commercial Bldg. Inspector
• ICC Building Plans Examiner
• 28 Additional Certifications
• 31 Years Industry Experience
Leo Bautista
Building Inspector
• 29+ Years Industry Experience
• ICC Building Inspector
• ICC Building Plans Examiner
• +3 Additional Certifications
Fernando Romero
Building Inspector
• ICC Building Inspector
• ICC Building Plans Examiner
• 4 Years Industry Experience
• +2 Additional Certifications
Eric Cabana
Building Inspector
• ICC Building Inspector
• ICC Plans Examiner
• 3 Years Industry Experience
• +3 Additional Certifications
Alan Wong
Building Inspector
• ICC CA Building Inspector
• ICC Combination Inspector
• ICC Plans Examiner
• 37+ Years Industry Experience
• Fire Inspector II

PERMITTING SERVICES
Marky Phun
Permit Technician Supervisor
• 15+ Years Industry Experience
• Staff Trainer and Coordinator
• Personable and Friendly
• Detail Oriented
In addition to the staff members proposed, supplemental certified staff is available for support to the project.

These staff members will be presented to the City for review at time of request.

Firm's Qualifications (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 14 Proposed Project Approach
Experience and Expertise to Address the Scope of Work
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each community is unique, and our staff is trained to provide individualized support for each of our clients. We are confident in our ability to perform the duties outlined by Foster City, including but not limited to the following:

PLAN REVIEW SERVICES
X WC3 shall perform comprehensive building code plan review services as directed by the Chief Building Official of Foster City.

X All plan review services provided by WC 3 shall include the initial plan review and all subsequent re- reviews as necessary for building permit issuance.

X Plan review services shall include consultation to the building permit applicants as administered by the City staff.

X Plan review services will be performed remotely or on-site in the office spaces at City Hall.

X Perform review services for compliance with the latest versions of City Code of Foster City and California Code of Regulations Title 24 as adapted by the City of Foster City.

BUILDING INSPECTION SERVICES
X WC3 shall perform building inspection services for a specified number of hours as directed by the Chief Building Official.

X Services shall include review of all approved plans, specifications and documents, review and respond to all inspection requests and reports.

X Attend mandatory meetings, in house trainings including, but not limited to, safety training, City staff coordination, applicant progress and project management meetings as required or necessary.

X Perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing, Fire codes, as well as State energy efficiency and accessibility standards as amended by the City of Foster City.

PERMIT SUPPORT SERVICES
X WC3 shall perform permit process services for a specified number of hours as directed by the Chief Building Official.

X Assist architects, contractors, and the public in accepting, processing, and tracking applications for building permits, calculating and collecting permit fees, and providing general information regarding permit processing.

X Perform front counter and phone assistance regarding building permit requirements, plan check fees, plan check filing procedures and processing, permit status, accepting permit applications, calculating and applying fees, and reviewing plans for conditions of prior approval WC3 understands that the City's need for these
services may vary, depending on City’s staff capacity
and capability to complete the services described
in a thorough and timely manner. Furthermore,
WC3 will approach service and manage the scope
of work as outlined in the table on pages 15 and 16
of this proposal.

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Teaming with Your Community to Make a Difference | www.WC-3.com 15 PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project
• When plan review services are performed off-site, within the local offices of our firm, WC 3 will serve Foster City with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere.

WC3 will adapt to any preferred software systems of Foster City.

WC3 Processing
• An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed.
• Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3’s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.

Plan Check
• WC3 will check submitted docs for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items and discuss im- portant items with associated staff.
• Client/Regional Manager will assign WC3 plan examiner staff and monitor progress. • Client/Regional Manager will quality check all comments before release to the City.

Communication
• WC3 understands all plan review comments are subject to the review by the City. • Review comments will have plan sheet numbers, detail numbers, and code sections. • WC3 will work with Foster City's preferred method of communication and be available via email, phone or in-person for meetings, etc.
• The City will always have the same points of contact for WC3. • The comment structure in our plan review comment lists will be easily transitioned into the format of the City's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to Foster City via email.

Recheck
• Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review. • Any new comments to be included during the recheck cycle will be brought to the attention of the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
• Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Typical Plan Review Turnaround Schedule." Approval
• Plan review approval will not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the department are satisfied. • WC3 is flexible and will meet all Foster City project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/hard copies, quantity of copies, pick-up/delivery and more.

PLAN REVIEW PROCESS
WC3 Processing Plan Check Communication Recheck Approval Incoming Project
Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 16 TYPICAL PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our office(s) and for extraordinarily complex projects, WC 3 will immediately contact Foster City and agree on an appropriate response time prior to starting the review.

EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from Foster City. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC 3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC 3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five to ten (5-10) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.

TYPICAL INSPECTION TURNAROUND SCHEDULE
Inspections shall be performed during Foster City's regular business hours. Our inspection services include a commitment to making inspectors available for standard, routine inspection needs associated with projects. Standard turnaround for inspection requests will be scheduled accordingly with 48-hour advance notice and when the schedule allows, WC 3 will make every effort to accommodate emergency or same-day inspection requests. Additionally, when special needs arise, inspectors can also be made available for after-hour, weekend and holiday inspections as well.

INITIAL
(Business Days)

RECHECK
(Business Days)

EXPEDITED
(Business Days)

RECHECK
(Business Days)
New Construction, Additions & Remodels 10 5 5 5
New Construction Multi-Family 15-20 5-10 5-10 5-10
Commercial Projects (Small) 10 5 5 5
Commercial Projects (Large/Complex)* 15-20 5-10 5-10 5-10 * Typical turnaround times for large/complex projects is 15-20 days for first reviews and 5-10 days for re-checks.

The City will be contacted and an appropriate response time will be negotiated on a case by case basis.

INSPECTION PERIOD REQUEST LEAD TIME FOR INSPECTION
Standard Inspections 48 Hours Advance Notice
Emergency/Same Day Inspections Accommodated as Schedule Allows Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 17 Additional Efforts to Achieve Foster City Satisfaction WC3 will provide Foster City the technical expertise they seek through a complete array of plan review, inspection and permitting services. Our portfolio includes projects regarding building, preliminary building, structural, fire & life safety, accessibility, energy, mechanical, plumbing, electrical, solar and other specialty disciplines. Our staff is committed to providing higher standards by delivering building department solutions that exceed client satisfaction and meet time and budget constraints. We believe we are able to meet all the outlined requirements of the RFP as stated. The following is a list of additional professional aspects specific to this RFP that we feel Foster City will find advantageous:
> International Code Council (ICC) Certified Permit Technicians - As needed, WC 3 can furnish exceptionally qualified personnel to staff and support your front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to your departments specific processes and procedures. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for your customers. All candidates will be presented for the City's approval.
> International Code Council (ICC) Certified Inspections - All inspection personnel assigned to your jurisdiction will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly both verbally and in writing and work effectively with contractors, the public, and jurisdictional staff. WC 3 tailors our inspection services to meet the specific needs of our clients. In addition to maintaining the International Code Council (ICC) certified inspectors and combination inspectors on staff, we also maintain a list of highly qualified and certified personnel to draw upon when we desire to fulfill jurisdictional clients' full time or interim needs. Each inspector assigned to Foster City will be in possession of all required certifications and minimum four-year experience requirements; and the City will have the opportunity to review all candidates prior to task or project assignment. > California Licensed, ICC-Certified Building Plan Review - WC 3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on sta ff to meet the criteria noted in the RFP . Many have performed engineering design work in the past, and each has performed hundreds of commercial, residential, institutional/educational, MEP and structural plan reviews throughout their career. Our staff also includes six Master Code Professionals and many members certified by the ICC. Our team operates independently as a third party entity, is properly licensed to practice in the state of California, and has no con flict of interest with regard to any other work performed by our firm for the City. > California Licensed Fire Protection Plan Review - WC3 is an industry leader in providing plan review services for Fire Prevention and Fire and Life Safety Plan Review. Our diverse team of Fire Protection Engineers, Executive Fire Officers, Certified Fire Protection Specialists, Fire Marshals and Plans Examiners offer clients and extensive range of experience—both formally and on the job. With resources of technical professionals from multiple offices, our team is proficient in all types of construction. Clients count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 18 > California Licensed Engineering Plan Review - WC 3’s engineering plan review service includes California certified professionals and engineers, as well as company best practices to meet each municipality’s service requirements. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. We combine quality service to review improvement plans for conformance to approved tentative map, specific plans, and conditions of approval, as well as engineering bond estimates, subdivision maps, hydrology/hydraulic reports, stormwater management, development plans, lot line adjustments, lot mergers, easement plats, and more. Our personalized approach with transparent communication helps streamline the process. > CASp Plan Review - WC3’s professional staff of plans examiners has vast experience in providing plan reviews for specialized accessibility projects and is well versed in all construction-related accessibility code and standards. WC3 has provided numerous CASp plan reviews and inspections for many of our California clients and has tremendous expertise in guiding clients through California’s accessibility regulations as well as ADA and other applicable laws.
> Electronic/Digital Plan Review Capability - WC 3 is very familiar with Electronic/Digital Plan Review technologies and works in a variety of capacities as per jurisdictional clients’ specifications and systems. This technologically advanced form of plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically. At no additional cost to clients, we strongly encourage this service. The electronic count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more. > Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise on complex projects, or feel overwhelmed with particular projects, WC 3 is available to handle all technical aspects or project overflow for Foster City. We serve in matters to help fulfill obligations and with reasonable notice are more than happy to join in on phone calls or attend special meetings at the City to help facilitate the approval process. Team members are available to discuss projects with designers, construction teams, City employees and/or applicants. We strive for complete client satisfaction and whether it’s through telephone, email, web conference, fax or in person, WC3 team members are always ready to assist. > Emergency Services - Teaming with Your Community to Make a Difference. This phrase has served as the guiding mission of WC 3 for over 17 years. As we navigate challenging times, emergencies, disasters or pandemics, WC 3 is committed to taking care of our clients and doing our part by continuing to offer the following services:
> Plan Review - Because of our experience with electronic plan reviews, our staff has the ability work remotely and not miss a beat. With multiple offices located in various regions, we are able to adjust quickly and move plan review projects amongst qualified personal with similar expertise and provide seamless service to our clients. We are also able to facilitate meetings via teleconference and more, and all phone calls and emails will be responded to within the same quick and friendly manner as usual. > Inspections - The health and safety of employees and clients is always a top priority for WC 3. When circumstance necessitates, we go to great lengths to perform safe, live inspections, while in others we are able to serve clients remotely. In either case, we are committed to helping manage the risk during emergency situations while also helping jurisdiction maintain performance.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 19 > Staff Augmentation - WC3's staff augmentation services are a valuable resource when it comes to supporting jurisdictions’ needs during emergencies and critical times. Whether live or remote support is needed, we're ready and available to assist with inspection services, building official responsibilities, administrative or permit technician duties, and more!
> eProcess360-EDSR - While an emergency, disaster or pandemic may have an immense impact on all of our lives, WC3 is committed to helping communities maintain day-to-day operations with as few disruptions as possible. Our eProcess360-EDSR is an online permitting solution that helps a jurisdiction work remotely with online applications, document submittals and plan review — serving citizens with peace of mind. > Continuing Education & Training - WC3 is deeply embedded within the Building Safety industry, with many key staff serving as general members, executive board officers, committee participants, and requested instructors within ICC Chapters and industry associations. We facilitate and encourage all of our personnel to achieve the highest level of experience and certification; and all team members are appropriately licensed, certified and trained with attendance at industry-related training classes, conferences, and seminars. Due to our emphasis on training, WC3 has also created the WC3 Academy which provides education, training and online, on-demand resources to our staff and the industry. Please find additional information at www.WC-3.com.

Proposed Project Approach (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 20 Fee Proposal
(Continued on next page.)
WC3 Proposed Fee and Rate Schedule
*Additional notes and details included on the subsequent page.

FIXED FEE / CONTRACT RATES
Comprehensive Full Plan Review
Structural Only Plan Review
On Site Plan Review As Per Hourly Rates Below
Revisions / Deferred Submittals, RFIs / ASIs, etc. As Per Hourly Rates Below Minimum Plan Review Fee $280 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost NON-PREVAILING WAGE HOURLY RATES *
Chief Building Official $165.00 / Hour
Senior Client/Project Manager $155.00 / Hour
CASp Plan Reviewer / Inspector $155.00 / Hour
Plan Review Structural Engineer (Registered SE) $155.00 / Hour Plan Review Engineer (Registered PE / FPE) $150.00 / Hour ICC Certified Building / Fire Plan Reviewer $140.00 / Hour ICC Certified Senior Building Inspector $140.00 / Hour
ICC Certified Building Inspector III $130.00 / Hour
ICC Certified Building Inspector II (Commercial) $120.00 / Hour ICC Certified Building Inspector I (Residential) $110.00 / Hour ICC Certified Permit Technician $90.00 / Hour
Administrative / Counter Support $90.00 / Hour
Expedited Plan Review 150% of Hourly Rates
PREVAILING WAGE HOURLY RATES**
2023-2024 Prevailing Wage Rate of Inspectors $184.00 / Hour

MISCELLANEOUS SERVICES
Reimbursable Expenses At Cost + 10%
Courier/Delivery Expenses No Additional Cost
Mileage Expenses IRS Standard Rate
Plan Review Consultation Trip Fee Staff Hourly Rate + IRS Standard Rate*** WC3 proposes the following rates based on a percentage of the plan review rate collected by the City of Foster City.

A listing of hourly rates additionally depicts rates proposed for all personnel assigned to this project. **
**
**
**
65% of Plan Review Fees to be Paid by the Applicant
���������������������������������������������������

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Teaming with Your Community to Make a Difference | www.WC-3.com 21 Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2024. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Plan Review Services - Plan check services include an initial review, second review and minor third review (if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City.

Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.

Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours notice. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services.

Electronic Plan Review - Electronic plan review services will be performed for percentage based plan review services facilitated off-site at WC 3 office locations, as well for hourly plan review projects associated with in- house City services. WC3 will automatically coordinate all processes.

Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations (DIR) regulations.

On-Site, In-House or Inspection Services - On site or in-house services (plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services.

Overtime - On-site, in-house or inspection services in excess of forty (40) hours a week (overtime, holiday, weekend work, etc.) will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than eight (8) hours a day, more than forty (40) hours a week, or more than six (6) consecutive days in a week. • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work.
• Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable Expenses - Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.

Courier / Delivery Expenses - Should the need arise, WC 3 will use our established shipping service to pick up documents for courier/delivery to and from our WC 3 office(s) at no additional cost.

Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the Internal Revenue Service’s (IRS) standard mileage rate.

Trip Fee - A trip fee will be applicable to each on-site consultation required for plan review. Trip fee expenses are applicable to the plan reviewer's staff hourly rate plus the Internal Revenue Service's (IRS) standard mileage rate.

Invoicing Procedures - At the beginning of each month, WC3 will furnish an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.

Fee Proposal (Continued)
*
**
***

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Teaming with Your Community to Make a Difference | www.WC-3.com 22 > City of Dublin
Gregory Shreeve
Building Official
100 Civic Plaza
Dublin, CA 94568
[email protected]
(916) 835-6628
Services: 2013 to Present
Building Plan Review,
Staff Augmentation
> City of Cupertino
Sean Hatch, CBO
Chief Building Official
10300 Torre Avenue
Cupertino, CA 95014
[email protected]
(408) 777-3231
Services: 2013 to Present
Building Plan Review,
Electronic Document
Management and Support
> City of Menlo Park
Chuck Andrews
Assistant Community
Development Director
701 Laurel St., 1st Floor
Menlo Park, CA 94025
[email protected]
(650) 330-6757
Services: 2014 to Present
Building Plan Review, Third Party
Plan Review, Inspection Services
Client Contacts
WC3 is dedicated to providing our clients with excellent customer service and has been providing building and fire plan check as well as inspection services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to Foster City, all of whom may be contacted as a reference. > City of South San Francisco
Phillip Perry
Chief Building Official
315 Maple Ave.

South San Francisco, CA 94080
[email protected]
(650) 928-6675
Services: 2014 to Present
Building/Fire Plan Review,
Inspections, Staff Augmentation
> City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Road
Redwood City, CA 94063
[email protected]
(650) 780-7350
Services: 2011 to Present
Building/Fire Plan Review,
Fire Marshal, Fire Inspections
> City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
[email protected]
(650) 802-4262
Services: 2014 to Present
Building/Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
> City of East Palo Alto
Romeo Herrera, CBO
Chief Building Official
1960 Tate Street
East Palo Alto, CA 94303
[email protected]
(650) 853-3189
Services: 2012 to Present
Building Plan Review, Inspection,
Staff Augmentation Services
> City of San Bruno
Darcy Axiaq
Chief Building Official
567 El Camino Real
San Bruno, CA 94066
[email protected]
(650) 616-7020
Services: 2014 to Present
On Call Plan Review, Inspections, Staff
Augmentation
References
> City of Emeryville
Charles Bryant
Planning & Building Director
1333 Park Ave
Emeryville, CA 94608
[email protected]
(510) 596-4361
Services: 2006 to Present
Building Plan Review, Inspections,
Front Counter Support,
Code Enforcement

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Teaming with Your Community to Make a Difference | www.WC-3.com 23 City Agreement Acknowledgment
Acceptance of City's Agreement / Insurance Coverages
WC3 has reviewed the Request for Proposal (RFP) in it's entirety and accepts all conditions and requirements identified in the RFP . We have also reviewed the template agreement, “Professional Services Agreement for On- Call Consultant Services for the Building Division” (Agreement) as proposed and do not have any exceptions or changes to the actual Agreement.

For purpose of this proposal, WC 3's current Certificate of Liability Insurance (COLI) for the City of Foster City can be viewed on the subsequent page. Over the years, our firm has maintained adequate coverages and limits that have been typical and standard within the industry for Plan Review, Inspections and Staff Augmentation services.

As per the insurance coverages outlined in "Exhibit C - Insurance Forms," WC 3 will actively work with the City to increase these limits and meet the requested coverages as written in the draft Agreement, and as outlined below:

City of Foster City Insurance Requirements: Coverage Not Less Than:

Commercial General Liability Insurance $2,000,000 each occurrence Commercial General Liability Insurance $5,000,000 aggregate Business Automobile Liability Insurance $2,000,000 each occurrence Worker's Compensation Insurance $1,000,000 for bodily injury or disease Professional Liability Insurance $5,000,000 each occurrence Professional Liability Insurance $5,000,000 aggregate Installation Floater Equal to initial contract amount + subsequent change orders Installation Floater Subject to deductible of not more than $10,000 Cyber Liability Insurance $1,000,000

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Teaming with Your Community to Make a Difference | www.WC-3.com 24 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/5/2023
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Jennifer Aguirre
(510) 465-3090
[email protected]
License#: 6003745 XL Specialty Insurance Company 37885
WESTCOAST5 Sentinel Insurance Company 11000
West Coast Code Consultants, Inc.
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
(925) 275-1700
Trumbull Insurance Company 27120
HARTFORD INSURANCE COMPANY 38288
1672127495
B X 2,000,000
X 1,000,000
X Contractual Liab 10,000
2,000,000
4,000,000
X
Y Y 57SBWBO3190 4/28/2023 4/28/2024
4,000,000
C 1,000,000
X
X X
Y Y 57UEGBC6531 4/28/2023 4/28/2024
B X X 4,000,000Y 57SBWBO3190 4/28/2023Y 4/28/2024
4,000,000
X 10,000
D X
Y
Y 57WEGAR9X7K 4/28/2023 4/28/2024
1,000,000
1,000,000
1,000,000
A Professional Liability
Claims Made
Y DPR5011463 4/28/2023 4/28/2024 $2,000,000
$4,000,000
per Claim
Annual Aggregate
RE: All Operations of the Named Insured
City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents are named as Additional Insured on General Liability and Auto Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. General Liability is Primary/Non-Contributory and severability of interests per policy form wording. Insurance coverage includes waiver of subrogation per attached.
30 Day Notice of Cancellation
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
City Agreement Acknowledgment (Continued)

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Teaming with Your Community to Make a Difference | www.WC-3.com 25 Giyan Senaratne 26
Donald Zhao 27
Zahra Fattah 28
Curtis Hume 29
Keith Ma 30
Lily Rong 31
Keyvan Irannejad 32
Eric Schneiderjohn 33
Noel Mendoza 34
Souad Maghrbi 35
Saeed Amirazizi 36
Order of Resumes:

Doug Smith 37
Sekhar Tatapudy 38
George Williams 39
Scott W. Adams 40
Maurice Kaufman 41
Joe Rossbach 42
Alan Wong 43
Leo Bautista 44
Fernando Romero 45
Eric Cabana 46
Marky Phun 47
Appendix - Resumes

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4 1
9 DATE: July 17, 2023

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director/District Engineer DEPARTMENT: Public Works
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO CALIFORNIA
ROOFING COMPANY, INC. FOR THE CONSTRUCTION OF THE

ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT (CIP
301-693); APPROPRIATION IN THE AMOUNT OF $315,000
FROM CIP GENERAL FUND TO CIP 301-693

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (hereafter “City Council”) adopt the attached resolutions authorizing:

1. The Mayor/President to execute an agreement with California Roofing Company, Inc. in the amount of $1,177,871 for the construction of the Roof Replacements at City Buildings Project (CIP 301-693); and

2. The establishment of a contingency in the amount of $177,000, with authorization given to the City/District Manager or his designee to execute contract change orders up to the contingency amount; and

3. An appropriation of additional funds in the amount of $315,000 from the CIP General Fund 301 to (CIP 301-693) Roof Replacements at City Buildings to fully fund the project.

EXECUTIVE SUMMARY

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4 1
9 CIP 301-693 consists of the repair and/or replacement of six (6) City building roofs: Parks Key Room, Public Works Workshops, Lagoon Pump Station Building (lower roof), Vehicle Maintenance Building (upper roof), Police Station, and The Vibe/Teen Center. Design for the project was performed by Bartos Architecture, Inc.

Seven (7) bids were received and opened on Thursday, June 22, 2023. The apparent low bidder was not certified in the application of the preferred project materials. After consultation with the City Attorney, staff allowed the initial apparent low bidder to withdraw its bid. As a result, the apparent lowest responsible and responsive bid was submitted by California Roofing Company, Inc. in the amount of $1,177,871.

Total funding in the amount of $1,250,000 was approved in the project budget (a combination of Building Maintenance Fund, CIP Water Fund, CIP Sewer Fund, the General CIP City Fund). Additional funding is required to complete the project and requires an appropriation of $315,000.

The City Council action will allow staff to award the project for construction. Construction is anticipated to start in August 2023 and is anticipated to take two (2) months to complete. City staff and its consultant will provide construction support and inspection services.

BACKGROUND/ANALYSIS
The scope of work consists of the repair and/or replacement of six (6) City building roofs:

Parks Key Room, Public Works Workshops, Pump Station Building (lower roof only), Vehicle Maintenance Building (upper roof only), Police Station, and The Vibe/Teen Center. Design for the project was performed by Bartos Architecture, Inc. The scope includes a bid alternate for the installation of skylights for the Police Station dispatch room and an allowance for any dry rot discovered at the Corporation Yard buildings.

At the City Council regular meeting on June 5, 2023, the City Council adopted City Resolution No. 2023-50 approving the plans and specifications for CIP 301-693 and authorizing the call for bids. On June 22, 2023, seven (7) bids were received and opened, ranging from $1,089,000 to $1,607,000. Since the apparent low bidder was not certified in the application of the preferred materials called out in the plans and specifications, the bid was withdrawn. With concurrence from the City Attorney’s office, staff allowed this bid to be withdrawn.

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4 1
9 The bid results are as follows:

Company Name Total Bid Plus
Add Alt Plus
Allowance
Base Bid plus Add Alt plus
Allowance difference from
Engineer’s Estimate
$ $ %
Architect’s Estimate $ 929,000.00 - -
VNH Builders (WITHDRAWN) $ 1,089,000.00 $ 160,000.00 17.2% California Roofing Co., Inc. $ 1,177,871.00 $ 248,871.00 26.8% Andy’s Roofing Co., Inc. $1,295,800.00 $ 366,800.00 39.5% Pioneer Contractors Inc. $1,338,000.00 $ 409,000.00 44.0% Western Roofing Services $1,347,790.00 $ 418,790.00 45.1% San Francisco Roofing
Services, Inc. $1,380,000.00 $ 451,000.00 48.5%
I&A Contractor Inc. $1,607,000.00 $ 678,000.00 73.0% The apparent lowest bid is now $1,177,871 submitted by California Roofing Company, Inc. This bid amount is 26.8% above the architect’s estimate and was found to be responsive.

Staff contacted references and found that California Roofing Company, Inc., has completed similar projects with satisfactory results. Determination of the lowest responsive and responsible bidder included Additional Alternate No. 1, the installation of four (4) tubular skylights at the Police Station, and an allowance of 10,000 SF of plywood to account for any dry-rot discovered at the time of construction.

After award of the construction contract and before the start of construction, the contractor shall provide all the necessary paperwork and meet with the City for a preconstruction meeting. The contractor will have 60 calendar days to substantially complete the project from the date specified in the Notice to Proceed.

Construction is anticipated to start in August 2023 and to be completed by October 2023.

Project management will be done through City staff and consultant support.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15301(d) – Existing Facilities

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9 FISCAL IMPACT
All costs associated with construction will be funded through CIP 301-693. Existing funding of $1,235,000 is provided by a combination of Building Maintenance Funds, CIP Water Funds, CIP Sewer Funds, the General CIP City Funds and is available in the approved budget. With an additional appropriation of $315,000, the total Project budget would be $1,550,000. A contingency of $177,000 or approximately 15% of the total bid is requested to pay for any unforeseen conditions during construction.

Current Approved Budget $ 1,235,000.00
Anticipated Expenditures
Design Contract – Bartos Architecture
Design Contingency (10%)
Construction Contract w/Alternate & Allowance
$ 158,500.00
$ 16,000.00
$ 1,177,871.00
Construction Contingency (15%) $ 177,000.00
Miscellaneous (Advertising, roof scans, preliminary haz. material testing)
$ 16,000.00
Total Anticipated Expenditures $ 1,545,371.00
Budget Requested -($ 310,371.00)

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Agreement
Attachment 4 – California Roofing Company, Inc. Bid Submittal

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RESOLUTION NO. ___________

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

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO CALIFORNIA ROOFING COMPANY, INC. IN THE AMOUNT OF $1,177,871 FOR THE

CONSTRUCTION OF THE ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT (CIP 301-693); AND AN APPROPRIATION IN THE AMOUNT OF $315,000 TO CIP 301- 693 AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

CITY OF FOSTER CITY
WHEREAS, CIP 301-693 consists of the repair and/or replacement of six (6) City building roofs: Parks Key Room, Public Works Workshops, Lagoon Pump Station Building (lower roof), Vehicle Maintenance Building (upper roof), Police Station, and The Vibe/Teen Center; and
WHEREAS, at the meeting on June 5, 2023, the City Council adopted Resolution No. 2023-50 approving the plans and specifications, and authorizing the Call for Bids for the Roof Replacements at City Buildings Project (CIP301-693); and WHEREAS, seven (7) bids were received at the bid opening for CIP 301-693 on June 22, 2023 ranging from $1,089,000 to $1,607,000 and consisting of the base bid plus additional alternative and allowance; and
WHEREAS, the apparent low bidder was not certified in the application of the preferred project materials described in the contract documents; and WHEREAS, staff has consulted with the City Attorney in reviewing the bids for responsiveness and responsibility and allowed the bid to be withdrawn; and WHEREAS, the apparent lowest responsible and responsive base bid plus Add alternate plus allowance is now $1,177,871 submitted by California Roofing Company, Inc.; and
WHEREAS, a project contingency in the amount of $177,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the projects are categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act; and
WHEREAS, total combined funding in the amount of $1,235,000 was approved for the project budget for CIP 301-693; and

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WHEREAS, total project expenditures are anticipated to be approximately $1,546,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute an agreement with California Roofing Company, Inc. in the amount of $1,177,871 for the construction of the Roof Replacements at City Buildings Project (CIP 301-693); and

2. The establishment of a contingency in the amount of $177,000 with authorization given to the City Manager or his designee, to execute contract change orders up to the contingency amount; and

3. An appropriation in the amount of $315,000 from the CIP General Fund 301 to the existing project budget 301-0910-693-4251 to fund construction.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO CALIFORNIA ROOFING COMPANY, INC. IN THE AMOUNT OF $1,177,871 FOR THE CONSTRUCTION OF THE ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT (CIP 301-693); AND AN APPROPRIATION IN THE AMOUNT OF $315,000 TO CIP 301-693 AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 301-693 consists of the repair and/or replacement of six (6) City building roofs: Parks Key Room, Public Works Workshops, Lagoon Pump Station Building (lower roof), Vehicle Maintenance Building (upper roof), Police Station, and The Vibe/Teen Center; and
WHEREAS, seven (7) bids were received at the bid opening for CIP 301-693 on June 22, 2023 ranging from $1,089,000 to $1,607,000 and consisting of the base bid plus additional alternative and allowance; and
WHEREAS, the apparent low bidder was not certified in the application of the preferred project materials described in the contract documents; and WHEREAS, staff has consulted with the District Legal Counsel in reviewing the bids for responsiveness and responsibility and allowed the bid to be withdrawn; and WHEREAS, the apparent lowest responsible and responsive base bid plus Add alternate plus allowance is now $1,177,871 submitted by California Roofing Company, Inc.; and
WHEREAS, a project contingency in the amount of $177,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the projects are categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act; and
WHEREAS, total combined funding in the amount of $1,235,000 was approved for the project budget for CIP 301-693; and
WHEREAS, total project expenditures are anticipated to be approximately $1,546,000.

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NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

1. The President to execute an agreement with California Roofing Company, Inc. in the amount of $1,177,871 for the construction of the Roof Replacements at City Buildings Project (CIP 301-693); and

2. The establishment of a contingency in the amount of $177,000 with authorization given to the District Manager or his designee, to execute contract change orders up to the contingency amount; and

3. An appropriation in the amount of $315,000 from the CIP General Fund 301 to the existing project budget 301-0910-693-4251 to fund construction.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the District Manager and the District Legal Counsel, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 17 th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:
_______

PRISCILLA SCHAUS, DISTRICT SECRETARY

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Agreement 00 5200 - 1 Roof Replacements at City Buildings DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 17th day of July, 2023, by and between CALIFORNIA ROOFING CO. INC. whose place of business is located at 1595 S. 10 th Street, San Jose, CA 95112 (Contractor), and CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT, a political subdivision of the State of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. 2023- ___ adopted on the 17 th day of July 2023 awarded to Contractor the following Contract:

ROOF REPLACEMENTS AT CITY BUILDINGS PROJECT
at the Corporation Yard, Police Station, and The Vibe/Teen Center PROJECT NUMBER: CIP 301-693
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum $1,177,871.00 or completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

B. The Contract Sum includes all bid alternate and an allowance (if any).

ATTACHMENT 1 – California Roofing Bid Proposal
C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

COMMENCEMENT AND COMPLETION OF WORK

1.03 Commencement of Work
A. Contractor shall commence Work on the date established in the Notice to Proceed.

B. Owner reserves the right to modify or alter the Commencement Date.

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Agreement 00 5200 - 2 Roof Replacements at City Buildings

1.04 Completion of Work
A. Contractor shall achieve Substantial Completion of the entire Work within 60 Days from the Commencement Date.

B. Contractor shall achieve Final Completion of the entire Work within 70 from the Commencement Date.

ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated Taniela Mapa as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases, and indemnities.

B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated David Moreno as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.

B. Contractor has designated the following other Key Personnel for the Project:

Name Position
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner One Thousand dollars ($1,000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Five Hundred and dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL [FOR OWNER’S CONSIDERATION]

4.01 Liquidated Damage Amounts
A. See Document 00 7200 (General Conditions) Paragraph 11.07.D for liquidated damages provisions pertaining to Key Personnel.

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Agreement 00 5200 - 3 Roof Replacements at City Buildings ARTICLE 5 CONTRACT DOCUMENTS

5.01Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

CONTRACT FORMS AND CONDITIONS
00 5100 Notice of Award
00 5200 Agreement
00 5500 Notice to Proceed
00 6113.13 Construction Performance Bond
00 6113.16 Construction Labor and Material Payment Bond 00 6290 Escrow Agreement for Security Deposits
00 6325 Substitution Request Form
00 6530 Release of Claims
00 6536 Guaranty
00 7200 General Conditions
00 7301 Supplemental General Conditions
00 7316 Supplemental Conditions – Insurance and Indemnification 00 7320 COVID Requirements
00 7380 Apprenticeship Program and Skilled and Trained Workforce Requirements
00 9113 Addenda

GENERAL REQUIREMENTS
01 1100 Summary of Work
01 2000 Measurement and Payment
01 2100 Allowances
01 2600 Modification Procedures
01 3119 Project Meetings
01 3200 Progress Schedules and Reports
01 3300 Submittals
01 4100 Regulatory Requirements
01 4200 References and Definitions
01 4523 Testing and Inspection
01 5000 Temporary Facilities and Controls
01 5600 Site Security and Safety
01 5713 Temporary Erosion and Sedimentation Control
01 6000 Product Requirements
01 7400 Cleaning and Waste Management
01 7700 Contract Closeout
01 7839 Project Record Documents
TECHNICAL SPECIFICATIONS:
02 40 00 General Demolition
02 82 00 General Asbestos Removal Specifications
02 82 00-8 General Requirements
02 82 00-25 Labor, Materials and Equipment
02 82 00-27 Execution
02 82 00-36 Special Procedures
02 82 00-46 Inspections, Project Management, Air Monitoring and Completion
02 82 00-51 Alternate Procedures and Violations of Specifications 02 82 00-52 Emergency Planning
02 82 00-53 Fire Safety and Safe Egress

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Agreement 00 5200 - 4 Roof Replacements at City Buildings 02 83 00 General Lead Removal Specifications
02 83 00-12 Materials and Equipment
02 83 00-14 Execution
06 25 00 Replacement of Rotted Plywood
07 01 50.74 Rehabilitation of Single Ply & Built-Up Roofing (Liquid Applied Roofing)
07 51 13.11 Built Up Roofing, Hot Applied
07 54 16 KEE Roofing
08 62 70 Tubular Unit Skylights
DRAWINGS:

Site 01: Corporation Yard
A1.0 Title Sheet and Drawing Index
A1.1 Site Plan
A1.2 Pump Station Roof Plan
A1.3 Public Works Workshops Roof Plan
A1.4 Vehicle Maintenance Bldg. and Parks Key Room Roof
Plans
A1.5 Ketone Ethylene Ester and Built-Up Roofing Details Site 02: Police Station
A2.0 Title Sheet and Drawing Index
A2.1 Site Plan
A2.2 Police Station Roof Plan
A2.3 Liquid Applied Roofing Details
Site 03: The Vibe/Teen Center
A3.0 Title Sheet and Drawing Index
A3.1 Site Plan
A3.2 The Vibe/Teen Center Roof Plan
A3.3 Enlarged Roof Plan
A3.4 Liquid Applied Roofing Details

5.02There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 MISCELLANEOUS

6.01Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

6.04In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the

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Agreement 00 5200 - 5 Roof Replacements at City Buildings awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.05 N/A

6.06Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Owner’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to Contractor’s employees.

Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.07This Agreement and the Contract Documents shall be deemed to have been entered into in the City of Foster City, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of San Mateo, California.

IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written.

CITY OF FOSTER CITY/ESTERO MUNICIPAL
IMPROVEMENT DISTRICT:

By: ______________________________
Jon Froomin, Mayor
CONTRACTOR:

Name: David Moreno
By: ______________________________
(Signature)
Its: Senior Project Manager

[email protected]
ATTEST:

By: ______________________________
Priscilla Schaus, City Clerk/District Secretary
1099 INFORMATION:

Contractor Taxpayer I.D. No.: ________________
APPROVED AS TO FORM:

By: ____________________________
Benjamin Stock, City Attorney/District Legal
Counsel

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Agreement 00 5200 - 6 Roof Replacements at City Buildings

END OF DOCUMENT

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6.3 Attachment 4 - California Roofing Bid Submittal

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4 1
8 DATE: July 17, 2023

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director/District Engineer Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: PLANS AND SPECIFICATIONS AND AUTHORIZATION TO CALL

FOR BIDS FOR THE WATER TANKS AND FACILITIES
IMPROVEMENTS PROJECT (CIP 405-660), AND SEISMIC

IMPROVEMENTS AT LAGOON PUMP STATION PROJECT (CIP
301-690)

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions approving Plans and Specifications and Authorization to Call for Bids for the Water Tanks and Facilities Improvements Project (CIP 405-660), and Seismic Improvements at Lagoon Pump Station Project (CIP 301-690).

EXECUTIVE SUMMARY
CIPs 405-660 & 301-690 are comprised of five projects previously identified in the approved Capital Improvement Project (CIP) budgets which were combined into one project package. The project focuses around various needed maintenance and

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8 improvements on EMID’s water storage tanks, water booster pump station, and seismic improvements on the City’s lagoon pump house located at the City’s Corporation Yard.

Approval of the plans and specifications for this project will allow staff to formally bid this project to procure a contractor to perform the project construction work.

BACKGROUND/ANALYSIS
CIP 405-660 is comprised of the following four projects that were previously identified in the CIP budgets: (a) 405-660 Remove and Recoat Water Tanks 1, 2, and 3 (2016-2017); (b) 405-670 Water Quality Dosing and Tank Improvements (2017-2018); (c) 405-687 Seismic Improvements at Water Booster Pump Station (2019-2020); and (d) 405-688 Seismic Improvements at Water Tanks 1, 2, and 3 (2019-2020).

On August 5, 2019, the EMID Board adopted Resolution No. 3490, which included authorizing: (1) the award of a consultant agreement with MurraySmith (dba Consor, Inc.) in the amount of $393,013 to provide design and construction support for the former CIPs 405-660, 405-670, and 405-688; (2) combining three projects into a single project; and (3) renaming the single project: CIP 405-660 Water Tank Improvements Project.

On April 20, 2020, the EMID Board adopted Resolution No. 3508, which included authorizing: (1) the award of a contract amendment with MurraySmith. in the amount of $57,912 for design and construction support for CIP 405-687; (2) combining former CIPs 405-687 and 405-660 into a single project; and (c) renaming the single project: CIP 405- 660 Water Tanks and Facilities Improvements Project.

On April 20, 2020, City Council adopted Resolution No. 2020-35 authorizing the award of contract for CIP 301-690 Seismic Improvements at the Lagoon Pump Station Project to MurraySmith.

Due to the work of the two projects having some overlap in type of work and sharing the same location, the projects were designed and packaged together as one in order to take advantage of economies of scale.

On September 28, 2020, the EMID Board accepted by Minute Order, the Report/Memo outlining project’s repair design recommendations for the overall Project. In early 2021, the project was put on hold, due to staffing vacancies in the Engineering Division.

In June 2023, Consor, Inc. subsequently completed the mutually agreed upon design services scope of work, delivering bid-ready plans, specifications, and estimates (PS&E).

The plans and specifications are ready for public bidding; City Council/ EMID Board approval of this item will allow staff to advertise. A copy of the plans and specifications are available at City Hall in the City Council’s Office. Day-to-day inspection and construction administration will be performed by City staff and Consor, Inc. Material

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8 testing and special inspection services are required and will be awarded as a separate contract.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15301 (b) Class 1, Existing Facilities

FISCAL IMPACT
There is no fiscal impact to this action.

Total funding in the amount of $5,700,000 is approved in the project budget for CIP 405-660. Total funding in the amount of $550,000 is approved in the project budget for CIP 301-690. Project expenditures will continue to be tracked separately for each project. The engineer’s combined estimate is $5.2 million for construction. Based on the engineer’s estimate, adequate funding is available in the approved project budget for the lagoon pump station improvements. At this time, staff believes the budget for the water tank improvements is also adequate to fund construction.

Staff will return to the City Council/EMID Board for award of the project, including special inspection and material testing, which will break down the projected project costs further. If additional funding is needed, it will be requested at the time of award of the project.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
* Plans and specifications are available at City Hall in the City Council’s Office

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RESOLUTION NO. ___________

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

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR CIP 301-690 SEISMIC IMPROVEMENTS AT THE LAGOON PUMP

STATION AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

CITY OF FOSTER CITY
WHEREAS, the lagoon pump station is a critical City facility in need of structural seismic improvements; and
WHEREAS, on April 20, 2020, the City Council adopted Resolution No. 2020-35 awarding a consultant agreement for professional engineering services to Murray Smith (dba Consor Inc.) for the Seismic Improvements at the Lagoon Pump Station (CIP 301- 690); and
WHEREAS, Plans and Specifications for the Seismic Improvements at the Lagoon Pump Station (CIP 301-690) are complete and ready for bid; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, funding in the amount of $550,000 was approved for the project budget for CIP 301-690; and
WHEREAS, based on the Engineer’s Estimate, adequate funding is available to fully fund the construction.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the plans and specifications and authorize the call for bids for the Seismic Improvements at the Lagoon Pump Station (CIP 301-690).

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR CIP 405-660 WATER TANKS & FACILITIES IMPROVEMENT PROJECT (2021-2022) AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15301(B)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the water storage tanks and water booster pump station are critical EMID facilities in need of maintenance and improvements; and WHEREAS, on August 5, 2019, the Board of Directors adopted Resolution No. 3490 awarding a consultant agreement for professional engineering services to Murray Smith (dba Consor Inc.) for the Water Tanks & Facilities Improvement Project (CIP 405- 660); and
WHEREAS, Plans and Specifications for the Water Tanks & Facilities Improvement Project (CIP 405-660) are complete and ready for bid; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, funding in the amount of $5,700,000 was approved for the project budget for CIP 405-660; and
WHEREAS, based on the Engineer’s Estimate, adequate funding is available to fully fund the construction.

NOW, THEREFORE, BE IT RESOLVED that the Estero Municipal Improvement District’s Board of Directors does hereby approve the plans and specifications and authorize the call for bids for the Water Tanks & Facilities Improvement Project (CIP 405- 660)

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PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.4 Attachment 2 - EMID Resolution

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DATE: July 17, 2023

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager

FROM: Andrew Brozyna, Public Works Director/District Engineer DEPARTMENT: Public Works
SUBJECT: TERMINATING THE WATER SHORTAGE EMERGENCY

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID Board) adopt the attached resolution rescinding EMID Resolution No. 3654 (Attachment 2) which declared a water shortage emergency and authorized the implementation of water conservation measures, and rescinding EMID Resolution No. 3668 (Attachment 3) which established fines for violations of measures under the declaration of water shortage emergency and amended the Master Fees and Service Charges Schedule for Fiscal Year 2022-2023.

EXECUTIVE SUMMARY
On May 24, 2022, California State Water Resources Control Board (SWRCB) adopted Resolution 2022-0018 requiring urban water suppliers, such as Estero Municipal Improvement District (EMID), to implement by June 10, 2022, at a minimum, the demand reduction actions identified in their water shortage contingency plans for a shortage level of ten to twenty percent (Level 2). In response, the EMID Board adopted EMID Resolution No. 3654, implementing water conservation measures contained in EMID Code Chapter 8.60, Water Conservation and Rationing, Sections 8.60.050 A, B, C, D, E, F, and L.

On March 24, 2023, Governor Newsom issued an Executive Order (N-5-23) easing drought emergency provisions. In response, the SWRCB ceased enforcement of Level

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2 demand reduction and allowed the requirement to expire in June 2023. On April 11, 2023 the San Francisco Public Utilities Commission (SFPUC) rescinded its Water Shortage Emergency Declaration due to systemwide hydrologic conditions and high water storage levels in reservoirs.

While adopting the attached resolution will terminate the water shortage emergency condition and remove the Level 2 water use restrictions, water conservation needs to continue to be a way of life for all Californians, thus the EMID Municipal Code was updated in 2018, to add Chapter 8.59 (Attachment 4), which permanently prohibits certain wasteful water practices in order to promote water conservation in non- emergency conditions.

Additionally, adopting the attached resolution will also rescind EMID Resolution No. 3668, which established fines for violations of measures under the declaration of water shortage emergency and amended the Master Fees and Service Charges Schedule for Fiscal Year 2022-2023.

BACKGROUND
EMID’s Urban Water Management Plan includes a Water Shortage Contingency Plan, which incorporates necessary resources and management responses needed to protect health and human safety, minimize economic disruption, and preserve environmental and community assets during water supply shortages and interruptions. Consistent with California Water Code (CWC) §10632, the Plan includes six levels to address shortage conditions ranging from up to 10 percent to greater than 50 percent shortage, identifies a suite of demand reduction measures for EMID to implement at each level.

Governor Newsom proclaimed a State of Emergency due to drought conditions beginning in 2021, including State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23.

The State of Emergency due to drought conditions resulted in the SWRCB adoption of Resolution 2022-0018, requiring EMID to implement the demand reduction actions identified in the Water Shortage Contingency Plan for a shortage level of ten to twenty percent - Level 2. In response, the EMID Board adopted EMID Resolution No. 3654, implementing water conservation measures as outlined in EMID Code Chapter 8.60, Water Conservation and Rationing, Section 8.60.050 A, B, C, E, F, and L., which are as follows:

A. Allowing or failing to attend to the escape of water through leaks, breaks or malfunction within the water user’s plumbing or distribution system for any period of time within which such leak, break or malfunction should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers or is notified of

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such break, leak or malfunction is a reasonable time within which to correct such condition or to make arrangement for correction;
B. Operating, cleaning or flushing any ornamental fountain or body of water unless there are extenuating circumstances as determined by the appeals board;
C. Operating a car wash unless water for such use is recycled; D. Taking or using water from any fire hydrant unless specifically authorized by permit from the appeals board, except by legally constituted fire protection agencies for fire suppression purposes;
E. Filling any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board;
F. Flushing fire hydrants and water mains unless there is an emergency as determined by the district engineer;
L. Any other restrictions and prohibitions outlined in the most recent version of Estero Municipal Improvement District’s Water Shortage Contingency Plan.

Governor Newsom issued Executive Order N-5-23 on March 24, 2023, easing drought emergency provisions that are no longer necessary while maintaining certain requirements that are still needed in parts of the state that remain in low to moderate levels of drought. In response, the SWRCB ceased enforcement of Level 2 demand reduction and allowed the requirement to expire in June 2023. On April 11, 2023, the SFPUC rescinded its Water Shortage Emergency Declaration, while retaining its 11% systemwide voluntary use restriction until the SWRCB restrictions expired on June 10, 2023. The San Francisco Regional Water System water supply conditions have improved recently, and as of June 1, 2023, is at 90% of total system storage.

ANALYSIS
Based on the Governor’s Executive Order N-5-23, and subsequent actions by the SWRCB and SFPUC, it is recommended that the EMID Board adopt the attached resolution terminating the water shortage emergency previously declared by the Board by rescinding EMID Resolution No. 3654. Adoption of the attached resolution will also rescind EMID Resolution No. 3668, which established fines for violations of the declaration of water shortage emergency in Fiscal Year 2022-2023 and remove the fines from the Master Fees and Service Charges Schedule.

With the termination of the water emergency, EMID will continue to encourage and exercise water conservation practices per EMID Municipal Code Chapter 8.59, Restrictions on Wasteful Water Practices (Attachment 4). Adopted in 2018, this code section established permanent restrictions on the use of potable water and prohibitions on wasteful water practices as directed by the Governor’s Executive Order B-40-17, encouraging water users to make water conservation a “California Way of Life.” EMID

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continues to maintain water conservation rebate programs and utilize water conservation incentives and education independently and through the Bay Area Water Supply and Conservation Agency (BAWSCA), of which EMID is a member.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action is not considered a "Project" per Title 14 California Code of Regulations (CCR) §15378(b)(5) because it constitutes an administrative activity of the City that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
There is no direct fiscal impact with adoption of this resolution.

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

Attachment 1 – Resolution
Attachment 2 – EMID Resolution No. 3654
Attachment 3 – EMID Resolution No. 3668
Attachment 4 – EMID Code Chapter 8.59, Restrictions on Wasteful Water Practices

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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT RESCINDING RESOLUTION NO. 3654 WHICH

DECLARED A WATER SHORTAGE EMERGENCY CONDITION AND AUTHORIZED

THE IMPLEMENTATION OF WATER CONSERVATION MEASURES AS DEFINED IN SECTION 8.60.050 A, B, C, D, E, F, AND L OF CHAPTER 8.60 OF THE DISTRICT CODE, AND RESCINDING RESOLUTION NO. 3668 WHICH ESTABLISHED FINES

FOR VIOLATIONS OF MEASURES UNDER THE DECLARATION OF WATER

SHORTAGE EMERGENCY AND AMENDED THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FISCAL YEAR 2022-2023 AND FINDING THIS ACTION IS NOT A "PROJECT" UNDER CEQA PER TITLE 14 CALIFORNIA CODE OF REGULATIONS (CCR) §15378(B)(5)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22, which directed the State Water Resources Control Board (SWRCB) to consider adopting an emergency water conservation regulation; and WHEREAS, On May 24, 2022, the SWRCB adopted Resolution No. 2022-0018 which enacted an Emergency Regulation requiring urban water suppliers to implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%) (Level 2); and WHEREAS, on June 6, 2022, the Board of Directors of the Estero Municipal Improvement District adopted EMID Resolution No. 3654, declaring that a water shortage emergency condition exists and that implementation of certain water conservation measures are necessary to address the drought conditions. Those identified conservation measures are identified as follows: Subsections A, B, C, D, E, F, and L of Section

8.60.050 of the District Code; and
WHEREAS, Governor Newsom issued an Executive Order (N-5-23) on March 24, 2023, easing drought emergency provisions that are no longer necessary, and in response the SWRCB ceased enforcement of Level 2 demand reduction and allowed the requirement to expire in June 2023; and
WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission (SFPUC) rescinded the Water Shortage Emergency Declaration, and the San Francisco Regional Water System water supply conditions have improved recently, and as of June 1, 2023, is at 90% of total system storage of total system storage.

WHEREAS, given Governor Newsom’s issuance of Executive Order N-5-23, and actions by the SWRCB and SFPUC, the Board of the Directors of the Estero Municipal

6.5 Attachment 1 - Resolution

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Improvement District hereby finds that Resolution No. 3654 should now be rescinded; and
WHEREAS, since Resolution No. 3668 established fines for violations of measures under the declaration of the water shortage emergency for FY 2022-2023, the fines are no longer applicable due to the termination of the water shortage emergency and are to be removed from the Master Fee Schedule; and WHEREAS, this action is not considered a "Project" under CEQA per Title 14 California Code of Regulations (CCR) §15378(b)(5) because it constitutes an administrative activity of the City that will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby rescind Resolution No. 3654 which declared a water shortage emergency condition and authorized the implementation of water conservation measures as defined in section 8.60.050 A, B, C, D, E, F, and L of Chapter 8.60 of the District Code, and rescind Resolution No. 3668 which established fines for violations of measures under the declaration of water shortage emergency and amended the Master Fees and Service Charges Schedule for Fiscal Year 2022-2023.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.5 Attachment 1 - Resolution

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RESOLUTION NO. 3654

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT DECLARING A WATER SHORTAGE EMERGENCY

CONDITION AND AUTHORIZING THE IMPLEMENTATION OF WATER
CONSERVATION MEASURES AS DEFINED IN SECTION 8.60.050 A, B, C, D, E, F, and L OF CHAPTER 8.60 OF THE DISTRICT CODE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N -7- 22, which directed the State Water Resources Control Board (SWRCB) to consider adopting an emergency water conservation regulation; and

WHEREAS, On May 24, 2022, the SWRCB adopted Resolution No. 20 22-0018 which enacted an Emergency Regulation requiring urban water suppliers to implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%) (Level 2).

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby declare that a water shortage emergency condition exists and tha t implementation of certain water conservation measures are necessary to address the drought conditions. Those identified conservation measures are identified as follows: Subsections A, B, C, D, E, F, and L of Section 8.60.050 of the District Code.

BE IT FURTHER RESOLVED that all other remaining measures identified Section

8.60.050, but which are not specified herein, are not being implemented at this time.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES: Directors Froomin, Gehani, Hindi, Sullivan, and President Awasthi NOES: None

ABSENT: None

ABSTAIN: None

_

RICHA AWASTHI, PRESIDENT

ATTEST:

__

PRISCILLA SCHAUS, DISTRICT SECRETARY
DocuSign Envelope ID: 8941A6B8-02F3-4E57-AA8B-015C05B2CB72

6.5 Attachment 2 - EMID Resolution No. 3654

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RESOLUTION NO. 3668

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ESTABLISHING FINES FOR VIOLATIONS OF THE

DECLARATION OF WATER SHORTAGE EMERGENCY AND CERTAIN PROVISIONS OF CHAPTER 8.60, “WATER CONSERVATION AND RATIONING” OF THE ESTERO

MUNICIPAL IMPROVEMENT DISTRICT CODE , AMENDING THE MASTER CITY/DISTRICT FEES AND SERVICE CHARGES SCHEDULE FOR FY 20 22-2023 TO

INCLUDE SAID FINES AND ESTABLISHING THE APPEALS BOARD PURSUANT TO SECTION 8.60.090

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

WHEREAS, on April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Gavin Newsom proclaimed states of emergency that are ongoing due to extreme and expanding drought conditions statewide; and

WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N -7- 22, which called for all Californians to continue to prioritize voluntary conservation and directed the State Water Resources Control Board (SWRCB) to consider adopting emergency water conservation regulations requiring urban water suppliers to implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2); and

WHEREAS, o n May 24, 2022, the SWR CB adopted an Emergency Regulation requiring urban water suppliers to implement, at a minimum, the demand reduction actions identified in their water shortage contingency plans for a shortage level of ten to twenty percent (Level 2); and

WHEREAS, on June 6, 2022 , the Board of Directors of the Estero Municipal Improvement District (EMID) adopted Resolution No. 3654, declaring that a water shortage emergency condition exists and implemented water conservation measures as outlined in Sections 8.60.050 A, B, C , D, E, F and L of the District Code necessary to address the drought conditions; and

WHEREAS, because of the proclaimed state of emergency due to extreme drought conditions of the State of California there is a need to establish methods to identify, discourage and in some cases penalize excessive water use in order to reduce the quantity of discretionary water use to ensure that there is sufficient water for non - discretionary needs; and

WHEREAS, it is recommended that the Board of Directors establish fines for violations of the water conservation measures in Section 8.60.050 A, B, C, D, E, F, and L of the District Code per Section 8.60.070 Sub -section D. and E. 1-E.3 of the District DocuSign Envelope ID: 31CFBA6A-7DDA-478F-824E-1C1622A40773

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EMID Resolution No. 3668
Code and amend the City/District Master Fees and Service Charges Schedule for FY 2022-2023; and

WHEREAS, a Notice of Public Hearing has been published and posted in accordance with the law and said public hearing was held on July 18, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that it does hereby:

1. Find and determine that the above recitals are true and correct and are incorporated herein.

2. Establish fines per Section 8.60.070 S ub-section D and E.1 -E.3 of the District Code as necessary to address the drought conditions as follows:

1. A charge of $100 shall be paid prior to reactivating water service;

2. A fine not exceeding $100 for a first violation;

3. A fine not exceeding $200 for a second violation of the same ordinance within one year of the first violation; and

4. A fine not exceeding $500 for a third or any subsequent violation of the same ordinance within one year of the first violation.

3. Amend the City/District Master Fees and Service Charges Schedule for FY 2022-2023 to be identified as “Water Conservation” fines as follows:

1. A charge of $100 shall be paid prior to reactivating water service;

2. A fine not exceeding $100 for a first violation;

3. A fine not exceeding $200 for a second violation of the same ordinance within one year of the first violation; and

4. A fine not exceeding $500 for a third or any subsequent violation of the same ordinance within one year of the first violation.

4. Establish the Appeals Board identified in District Code 8.60.090, comprised of the District Manager, Finance Director and the District President or their designee, to hear appeals in accordance with the District Code.

DocuSign Envelope ID: 31CFBA6A-7DDA-478F-824E-1C1622A40773

6.5 Attachment 3 - EMID Resolution No. 3668

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EMID Resolution No. 3668
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 18th day of July, 2022, by the following vote:

AYES: Directors Froomin, Gehani, Hindi, Sullivan, and President Awasthi NOES: None

ABSENT: None

ABSTAIN: None

_

RICHA AWASTHI, PRESIDENT

ATTEST:

__

PRISCILLA SCHAUS, DISTRICT SECRETARY
BY: YELENA CAPPELLO, DEPUTY CITY CLERK

DocuSign Envelope ID: 31CFBA6A-7DDA-478F-824E-1C1622A40773

6.5 Attachment 3 - EMID Resolution No. 3668

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6.5 Attachment 4 - EMID Code Chapter 8.59, Restrictions on Wasteful Water Practices

256

6.5 Attachment 4 - EMID Code Chapter 8.59, Restrictions on Wasteful Water Practices

257

6.5 Attachment 4 - EMID Code Chapter 8.59, Restrictions on Wasteful Water Practices

258

4 1
7 DATE: July 17, 2023

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

FROM: Sofia Mangalam, Community Development Director
Thai-Chau Le, Planning Manager
DEPARTMENT: Community Development
SUBJECT: AUTHORIZATION TO RELEASE A REQUEST FOR

QUALIFICATIONS TO ESTABLISH A LIST OF QUALIFIED

ENVIRONMENTAL CONSULTANTS TO PROVIDE PROJECT-

BASED PROFESSIONAL ON-CALL SERVICES FOR

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

REVIEWS FOR THE PLANNING DIVISION

RECOMMENDATION
It is recommended that the City Council authorize staff to release a Request for Qualifications (RFQ) to establish a list of qualified environmental consultants to provide project-based professional on-call services for CEQA reviews for the Planning Division of the Community Development Department (CDD); and finding issuance of the RFQ exempt under CEQA pursuant to CEQA Guidelines section 15061(b)(3).

EXECUTIVE SUMMARY
CDD is committed to planning, maintaining, and improving the quality of life and public safety of Foster City in keeping with the vision of the City Council in the General Plan and other measures that reflect the City’s heritage as a Master Planned community. CDD is comprised of the Planning/Code Enforcement and Building Divisions. The Planning/Code Enforcement Division is responsible for long-term planning regarding the growth and development of the City, for reviewing and processing applications for all land use and development proposals, and for maintaining the appearance of the community.

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4 1
7 The City receives numerous project applications throughout the year that require extensive environmental review, environmental consultation, and documentation preparation. These costs are borne by developers/applicants of the project through pass- through agreements with selected environmental consultants. The contract costs associated with environmental reviews often exceed the City Manager’s signatory authority under the City’s Purchasing Policy, which requires staff to seek City Council’s authorization to issue an RFP each time and then select a consulting firm to undertake the environmental review for the project. The process, at minimum, takes two to three months before the environmental review can start. The pre-qualification of environmental consultants by having an established list would assist staff in completing environmental reviews and documentation in a timely and efficient manner.

Upon review of Statements of Qualifications (SOQs) from the consulting firms in response to the RFQ, staff would prepare a list of qualified consultants. Staff would then come back to the City Council tentatively on August 21, 2023, for consideration of that recommended list and authorization to execute Master Services Agreements with each consultant on the list with no limitation on the amount of compensation under the Master Services Agreements. Staff would then issue Task Orders to the appropriate consultant, pursuant to the terms of the Master Services Agreements, when the need arises for CEQA review which do have a maximum compensation limitation based on the estimated cost of the review for that project.

BACKGROUND/ANALYSIS
When the Planning Division requires environmental consulting services for specific development projects, staff develops and releases a project-specific Request for Proposals (RFP) to perform the work. This process lengthens the time to procure consultant services, which negatively impacts applicants and the project review timeline.

It can also be limiting in terms of responses from consultants if the scope of the project is small or if the request is released at a time when consultants are busy. Individual requests also require more staff time to advertise; address questions; and review proposals, many of which may only vary slightly from one another. Thus, staff would like to issue an RFQ to establish a list of qualified environmental consultants for the above- listed reasons.

With an established list that has been authorized by the Council, staff will be able to select a consultant depending on their qualifications and availability. This way, the timeline will be shortened as there is no solicitation of proposals, as well as contracting, as they would have an executed agreement with the City in place.

The development projects are 100% cost recovery paid for by the applicant through a planning fee deposit account. For these types of projects, City staff would issue a Task Order to the selected consultant and identify in the Task Order the maximum compensation for the environmental review. The consultants will be paid from funds in

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4 1
7 the applicant’s deposit account, but City will charge the standard 15% administrative fees as established in City’s master fee schedule for managing the consultant. For a City- initiated project that requires CEQA review, staff would bring any Task Order over the amount of $50,000 for City Council’s approval before issuing the Task Order to one of the consultants from the established list.

The draft RFQ is included as Attachment #2 to this staff report. The scope of work would include:

The Consultant may be asked to provide any number of services pertaining to the City’s implementation of CEQA, including but not limited to, the following:
• Conduct preliminary review of development projects for CEQA purposes. • Prepare CEQA documents for the City’s Planning Division, including, but not limited to:
oInitial Studies with all applicable technical reports to support an adequate CEQA determinations
oNegative Declaration
oMitigated Negative Declaration
oAssociated Mitigation Monitoring and Reporting Plan (MMRP), if applicable oEnvironmental exemptions
oAddendums to previously approved and certified environmental analysis oEnvironmental Impact Reports
oAll notices required per CEQA such as Notices of
Intent/Preparation/Determination
• Provide peer review of CEQA documents prepared by project applicants. • Conduct and /or support CEQA review for the following potential projects:
oLarge and small-scale development applications such as zoning amendments, use permits, and vesting tentative maps
oPotential updates/amendments to the General Plan
o Potential updates/amendments to Specific Plans
o Potential updates to the Zoning Ordinance
Evaluation Criteria
Submittals/responses will be evaluated based on the criteria included in the RFQ. The maximum number of points that any firm can score is 100 points. •A statement demonstrating that the Proposer understands the scope of work required (20 points).
•Billing Structure (15 points).
•Relevant Experience (25 points).
•Key Team Member Summary (20 points).
•References (15 points).
•Acknowledgement of the Memorandum of Understanding (5 points).

Next Steps

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4 1
7 If approved, the RFQ will be issued on July 18, 2023, with a due date of August 1, 2023.

City staff will review and evaluate SOQs submitted by consultants and will ensure that the response meets and fulfills the City’s standards and requirements in accordance with the City’s Purchasing Policy. Upon review of the responses from the consulting firms in response to the RFQ, staff would prepare a list of qualified on-call environmental consultants. Staff would then come back to the City Council tentatively on August 21, 2023, for authorization of the list of recommended consultants and authorization to execute Master Agreements with the consultants. Attachment 2 is the proposed Draft RFQ that will be issued if the City Council approves this item.

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

FISCAL IMPACT
There is no direct fiscal impact as a result of the issuance of the RFQ, aside from staff time associated with review, and evaluation of the responses.

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

Attachment 1 – Draft Request for Qualifications for On-Call Environmental Consultant Services

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262

DRAFT - REQUEST FOR

QUALIFICATIONS (RFQ)

The City of Foster City (“City”) is seeking qualified consulting firms (Consultants) to submit Statements of Qualifications to perform environmental review and consulting services on development applications and long-range planning projects on an “on-call” basis.

Date of Issuance: July 18, 2023
Responses Due/Deadline: August 1, 2023, by 5:00 PM

The consulting firm will be able to assign staff member(s) to perform professional environmental review and consulting services on development applications and long- range planning initiatives on an “on- call” basis. The City is requesting responses including Statement of Qualifications from persons or firms with expertise necessary to process environmental review and consulting services for development projects pursuant to the California Environmental Quality Act, conformance with federal, state, and local regulations. The selected consultant may also facilitate, lead, or assist planning staff with environmental review and consulting services of long- range planning initiatives. Upon review of responses to the RFQ, the City plans to compile a list of qualified consultants and will select qualified consulting firms to whom agreements will be awarded for on-call environmental review and consulting services.

The responses shall be addressed to:

City of Foster City
Community Development Department
Attention: Thai-Chau Le, Planning Manager
610 Foster City Boulevard
Foster City, CA 94404

Subject: Response to RFQ for On-Call Environmental Review Consultant Services

Statements of Qualifications must be submitted electronically to [email protected] with the subject labeled “ Response to RFQ for On- Call Environmental Review Consultant Services.” It is the responsibility of the responding consultant to ensure that its submission is received by 5:00 PM on August 1, 2023. Responses received after the deadline will not be considered. For this reason, the City encourages submission of responses early. The City shall acknowledge receipt of

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REQUEST FOR QUALIFICATIONS
On-Call Environmental Consultant Services
2 Foster City
the submission once it is received but will not review any submission prior to the submission deadline.

All inquiries regarding this RFQ shall be directed to Thai-Chau Le, Planning Manager via telephone at (650) 286-3244, or, preferably, via email at [email protected].

CITY OF FOSTER CITY

I. BACKGROUND

Foster City is located midway between San Francisco and San Jose on the western shoreline of the San Francisco Bay, east of U.S. 101, which provides convenient access to the San Francisco Airport and San Francisco to the north and Santa Clara County to the south. The City is bisected by State Route 92 (the J. Arthur Younger Freeway), which runs between Half Moon Bay to the west and Highway 880 to the east via the San Mateo- Hayward Bridge. The City encompasses 12,345 acres, of which 9,726 acres are part of San Francisco Bay and Belmont Slough, and 2,619 acres are land area.

The City of Foster City is a full-service, General Law City with a Council-Manager form of government. The City Council also serves as the Board of Directors for the Estero Municipal Improvement District (“District”). The District, although a separate legal entity, encompasses the same geographical area, is inhabited by the same citizens, and governed by the same bodies and procedures as the City. The City/District

6.6 Attachment 1 - Draft Request for Qualifications for On-Call Environmental Consultant Services

264

REQUEST FOR QUALIFICATIONS
On-Call Environmental Consultant Services
3 collectively call (‘City”) has approximately 164 employees who deliver high quality municipal services to its 33,693 residents.

The Community Development Department (CDD) is composed of Planning, Code Enforcement, Housing, Building, Economic Development, and Sustainability.

The requested consultant services for On-Call Environmental Review Consultant Services are for the Planning Division, which is responsible for long term planning regarding growth and development of the City, for reviewing and processing applications for all land use and development proposals, and for maintaining the appearance of the community.

II. SCOPE OF SERVICES

The City is requesting responses from persons or firms with expertise necessary to process environmental review application and request pursuant to Califo rnia Environmental Quality Act. The selected consultant may also facilitate, lead, or assist planning staff with environmental review of long-range planning initiatives.

Selected firms will be placed on an official list of qualified consultants who will be called upon to perform environmental review for project specific proposal and/or long- range planning initiative, as needed. From the list, the Planning Division intends to select at least three (3) consulting firms to provide on- call environmental review services for planning projects under the terms of the City’s standard Agreement for Professional Services, which is attached with this RFQ. The term of the Agreement for Professional Services to be executed by the successful consultant will be for three (3) years with an option of a one-year extension at the City’s discretion.

The required scope of work shall include but may not be limited to:

A. Conduct preliminary review of development projects for CEQA purposes.

B. Prepare CEQA documents for the City’s Planning Division, including, but not limited to:
o Initial Studies with all applicable technical reports to support an adequate CEQA determination
o Negative Declaration
o Mitigated Negative Declaration
o Associated Mitigation Monitoring and Reporting Plan (MMRP), if applicable
o Environmental exemptions
o Addendums to previously approved and certified environmental analysis o Environmental Impact Reports
o All notices required per CEQA such as Notices of
Intent/Preparation/Determination
C. Provide peer review of CEQA documents prepared by project applicants.

D. Conduct and /or support CEQA review for the following potential projects:
o Large and small -scale develop ment applications such as zoning amendments, use permits, and vesting tentative maps

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REQUEST FOR QUALIFICATIONS
On-Call Environmental Consultant Services
4 o Potential updates/amendments to the General Plan
o Potential updates/amendments to Specific Plans
o Potential updates to the Zoning Ordinance
E. Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules, and staying within budget.

F. Facilitation of special projects as authorized by Council.

Minimum Qualifications:

1. Consultants must meet the following minimum qualifications in order to be considered responsive to this RFQ:
a. As of the submission deadline, the consultant or person proposed to perform work on behalf of the Consultant shall have a minimum of three (3) years of experience satisfactorily providing the same or similar services requested under this RFQ. Prior experience working with municipalities or other public entities preferred.
b. Carries the types and amounts of insurance required under the attached Agreement for Professional Services.

2. Any consultant that does not meet these minimum requirements shall not be eligible to be considered for placement on the list of qualified on-call consultants.

Invoicing

Consultant will submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date.

Invoices will contain the following information:
• The beginning and ending dates of the billing period; • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• Task Summary describing the services provided by person doing the work, the hours spent by each person, and a brief description of the work.

III. PRELIMINARY SCHEDULE

The following is a preliminary schedule for the project.

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REQUEST FOR QUALIFICATIONS
On-Call Environmental Consultant Services
5 Distribution of RFQ July 18, 2023
Responses Due August 1, 2023, by 5:00 pm
Finalize List of Qualified Consultants and
Enter into an agreement with qualified
firms
August 21, 2023 (tentative)

Note that this schedule is preliminary. The schedule may be adjusted, as needed, by the City. The deadline for submitting responses may be extended by 30 days if the City does not receive adequate responses from qualified firms. Accordingly, the date for awarding the contract will change if the deadline for submissions is extended.

IV. DEADLINE FOR WRITTEN QUESTIONS

All inquiries regarding this RFQ shall be directed to Thai-Chau Le, Planning Manager, via telephone at (650) 286-3244, or, preferably, via email at [email protected].

Except as specified above, consultants and their representatives may not communicate with any officer, director, employee, or agent of the City with respect to this RFQ except as may be reasonably necessary to carry out the procedures specified in this RFQ.

Nothing herein prohibits consultants or their representatives from making oral statements or presentations in public to one or more representatives of the City during a public meeting. The City will not respond to verbal inquires and interested consultants are specifically discouraged from contacting the city in person or by telephone during this RFQ and selection process.

V. PROPOSAL BUDGET

All tasks within the enclosed Scope of Services shall be included within the proposal’s fee schedule and itemized according to required and optional tasks.

VI. PROPOSAL CONTENT

All submittals must follow the format guidelines and content requirements listed below.

Nonconforming submittals may be rejected as nonresponsive. • A statement demonstrating that the Proposer understands the scope of work required.
• Billing Structure – A proposed cost structure (preferably hourly rates for the staff proposed to perform work).
• R elevant Experience – List projects completed by the Consultant relevant to the scope of services contained herein that have been completed in the last five (5) years. Discuss the firm’s uniqueness to best perform these on-call services for the City.

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6 • Key Team Member Summary – Identify the individual(s) or key team members that may be available to assist the City of Foster City in response to this RFQ.

Summarize each person’s experience and include their resume. • R eferences – A statement of the Proposer’s two (2) references from current or past clients, preferably California agencies. References must have worked with the proposed project manager and other key staff proposed to be assigned to for such services. References should include the following:
o Name, address, and telephone number of the agency
o Time period for the project
o Brief description of the scope of work
o Reference contact name, email, and telephone number
• Acknowledgement of the City’s Agreement for Professional Services – Submissions must include a statement that the proposer has reviewed the template Agreement for Professional Services included with this RFQ and agrees to execute and comply with an agreement in the form of that template if the consultant is chosen to provide on-call environmental review services to Planning Division. This statement should also indicate that the proposer will be able to fulfill the insurance requirements included in the template Agreement. If the proposer intends to request changes to the template Agreement, those requested changes must be included in a redlined “track changes” draft of the template Agreement included with the Submis sion. If no changes are requested, the selected proposer shall be expected to execute the Agreement without alteration.

VII. CONSULTANT SELECTION PROCEDURE

A. EVALUATION CRITERIA

Submittals received by the deadline will be reviewed by selected City staff. Staff will determine those consultants who are qualified and recommend the City Council award contracts to three consultants based on evaluation of each response considering the following criteria:
• A statement demonstrating that the Proposer understands the scope of work required.
• Billing Structure.
• Relevant Experience.
• Key Team Member Summary.
• References.

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REQUEST FOR QUALIFICATIONS
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7 • Acknowledgement of the City’s Agreement for Professional Services.

VIII. GENERAL INFORMATION FOR RESPONSES

• Responses must be submitted via email to [email protected] the subject labeled “Response to RFQ for On- Call Environmental Review Consultant Services.”
• Any questions related to the project and/or this RFQ shall be directed to Thai- Chau Le, Planning Manager, via telephone at (650) 286-3244, or, preferably, via email at [email protected].
• The proposal shall be signed by an authorized official of the consultant with a statement indicating that the response is a proposal that will remain open for the City’s acceptance for no less than ninety (90) days. • All costs incurred in the preparation of the proposal shall be the sole responsibility of the consultant.
• The City reserves the right to reject any and all responses and to request additional information concerning any proposal for purposes of clarification. • If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.
• The terms and scope of the contract will be arrived at on the basis of professional negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City may then renegotiate with any other consultant.

IX. TERMS AND CONDITIONS

Issuance of this RFQ does not commit the City to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The City retains the right to reject any and all submittals. Once submitted, the Statements of Qualifications become the property of the City.

The consultant selected to perform the scope of services described in this RFQ will be required to obtain a Foster City Business License. For more information regarding the Business License process, or to obtain a Business License application packet, please visit the City’s Business License webpage at:
https://www.fostercity.org/finance/page/business-license-application .

X. ATTACHMENTS

City’s Standard Contract

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PROFESSIONAL SERVICES AGREEMENT
FOR

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

RE CITALS
T
his Agreement is entered into with reference to the following facts and circumstances:

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

TERMS AND CONDITIONS

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

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

W
here in conflict, the terms of this Agreement supersede a nd prevail over any terms set forth in Exhibit A.

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

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

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

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

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

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

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[Project Name] Updated 1/18/2022 3
reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Servi ces performed before this Agreement's execution.

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

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

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

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

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the

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[Project Name] Updated 1/18/2022 4
Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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

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

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

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

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

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

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[Project Name] Updated 1/18/2022 5
CO
NSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

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

share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

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[Project Name] Updated 1/18/2022 6

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

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

CO
NSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.

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

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

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

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

CI
TY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: ____________________
CONSULTANT: ____________________________
( Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)

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

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

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

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

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

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

22. Liability of CITY.

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

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

N
othing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

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

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

Force Majeure events include the following:

A
cts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, fr eight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [F or consideration if applicable:] An y Force Majeure event with a dur ation in excess of [ TBD by Owner —recommend not less than 30] days enti tles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

C

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

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[Project Name] Updated 1/18/2022 10
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
A
TTEST:

Dated: ________________________________
Priscilla Schaus, City Clerk
APPR

OVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
CO

NSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign

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EXHIBIT A
SER

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

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

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

1. D
escription of the Project:

1.1 DESCRIPTION: Description of Project

2. B
asic Services:

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

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3
P

AYMENTS

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

Max imum Payment Amount

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

List Methods of Payment

3. T
IMES OF PAYMENTS.

List Times of Payments
PROJ

ECTS AND SCHEDULE
List Project Schedule
DE

LIVERABLES
CO
NSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

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1. PROJECT DELIVERABLES

1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

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

2.1 SERVICES: List of Services
E

ND OF EXHIBIT A

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EXHIBIT B

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

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EXH
IBIT C
I

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

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

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

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

1.1 Insurance Requirements
Commercial General Liability Insurance
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ommercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall mai ntain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two m illion dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City, its Council members, officials, agents, officers, and employees”.

6.6 Attachment 1 - Draft Request for Qualifications for On-Call Environmental Consultant Services

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[Project Name] Updated 1/18/2022 15
[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CON TACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance
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utomobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
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onsultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limi ts of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
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rofessional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. ☒ Installation Floater
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nstallation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
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yber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amoun t of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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