Agenda packet — Foster City City Council, October 21, 2024 (part 1 of 3)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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 August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

6.6. A Resolution of the City Council of the City of Foster City Approving Plans and Specifications and Authorizing the Calls for Bids for Median and Easement Maintenance and for CulDeSac, Walkways, Island Bridges, and Easement Maintenance from January 1, 2025, and Ending December 31, 2027, with Optional Extensions Through December 31, 2029 a) Staff Report
b) Adopt Resolution

6.7. a) A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications, Authorizing the Call for Bids for CIP 301700 Fuel Systems Improvements (20212022) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications, Authorizing the Call for Bids for CIP 301700 Fuel Systems Improvements (20212022) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities c) Staff Report
d) Adopt Resolutions

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

7.1. A Public Hearing to Hear and Receive Community Input Regarding the Composition of Voting Districts and Number of Districts a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Conduct the second public hearing to receive community input and provide input to staff regarding the composition of voting districts and number of districts

7.2. A Public Hearing to Hear and Receive Comments Regarding Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, TwoUnit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9) a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, TwoUnit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9) and Finding That the Proposed Amendments to Title 17 Are “Not a Project” Under California Environmental Quality Act (CEQA) Pursuant to Government Code Sections 65852.21(J) and 66411.7(N) Rz20240010
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

8. NEW BUSINESS

8.1. Consideration of an Appeal of the Decision of the Planning Commission Approving a 770 Square Feet Addition to an Existing SingleStory Single Family Home Including Constructing an Additional Driveway on the Site and Modifying the Existing Shared Driveway and Other Site Improvements Located at 106 Challenge Court in Neighborhood 1 – AR20230004; and Finding that the Project is Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15301 (Existing Facilities) a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. RESOLUTIONS FOR ADOPTION

9.1. Consideration of Establishing a Section 115 Irrevocable Trust to Address the City’s Unfunded Liabilities for Other PostEmployment Benefits (OPEB) a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Establishment of a TaxExempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administrator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City’s Plan Administrator and Execute All Necessary Documents to Establish the IRC Section 115 Irrevocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approving the Appropriation in Account 508 04609994155 for $286,294
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Establishment of a TaxExempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administrator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City’s Plan Administrator and Execute All Necessary Documents to Establish the IRC Section 115 Irrevocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approving the Appropriation in Account 50804609994155 for $286,294

9.2. Consideration of Authorizing the Issuance of a Request for Proposal for On Call Public Works Maintenance and Urgent/Emergency Response Services a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposal for OnCall Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(B)(3), 15301 (Class 1existing Facilities), 15302 (Class 2(Replacement or Reconstruction) and 15269(B) (Emergency Repair)
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposal for OnCall Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(B)(3), 15301 (Class 1existing Facilities), 15302 (Class 2 (Replacement or Reconstruction) and 15269(B)(Emergency Repair)

9.3. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposals (RFP) for Professional Engineering Services for the Water Main Condition Assessment Project (CIP 405723), Authorizing the Initiation of the Consultant Selection Process for the RFP, and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution

9.4. A Resolution of the City Council of the City of Foster City Authorizing a Change to the Name of the Recreation Center From the “William E. Walker Recreation Center” to the “Foster City Community Center” and Renaming the Current Community Center
a) Staff Report
b) Action – Adopt Resolution

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

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

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 21, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing October 2024 as “Domestic Violence Awareness Month”

4.2. Presentation of Certificates to Civics Academy Class of 2024

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

6.1. City/EMID Special Meeting Minutes of August 14, 2024

6.2. City/EMID Regular Meeting Minutes of August 19, 2024

6.3. City/EMID Regular Meeting Minutes of September 3, 2024

6.4. City/EMID Special Meeting Minutes of September 16, 2024

6.5. City/EMID Regular Meeting Minutes of September 16, 2024

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. NEW BUSINESS

9. RESOLUTIONS FOR ADOPTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 30, 2024
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA

12.2. Report Out from Closed Session

13. ADJOURNMENT
The public is invited to attend.

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

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

7 4.1

4.1 Proclamation

8 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF AUGUST 14, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of August 14, 2024, was called to order at 6:32 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Diane Pitman, Administrative Services Director; Andrew Brozyna, Public Works Director; Cory Call; Police Captain; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Frank Fanara, Parks Manager; Kevin Ortiz, Management Analyst; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

PUBLIC
Richard E. Needham and Khalaf Hirmina addressed the City Council via email.

Evan Adams and Ajay Godbole addressed the City Council via teleconference.

Jim Hardy addressed the City Council in person.

STUDY SESSION
Mayor/President Sullivan recessed the meeting into Study Session.

6.1 6.1 Minutes

9 BUDGET STUDY SESSION. MINUTE ORDER NO. 1982.

City/District Manager Chatwin presented the staff report.

Discussion ensued.

Vice Mayor Jimenez stated that the issue that needs to be addressed is putting a plan in place for the next two years to prevent the City from going below the 50% reserve level.

The Business License Tax measure on November 2024 ballot can help the City with increasing revenue but is dependent on the voters passing the measure. She would like a detailed discussion in January 2025 regarding which Capital Improvement Projects the City is saving for and why. She would like to consider increasing the sales tax to replace the Recreation Center Rebuild Project funds from the CARR Fund. She also noted that the lagoon health and the City’s aging infrastructure are priorities that the City needs to address.

Councilmember Kiesel stated he would like to explore how to lessen or eliminate the volatility on revenue and expenditures. From 2012 to 2015, the City’s expenditures were in the -4% range and wanted to know what was done those years to keep the margin small. When the budget is presented, he would like to see a subsection for ERAF and VLF due to the volatility of the revenue streams. He asked City Manager Chatwin about the unfilled vacancies and how that has impacted service levels, as he is concerned with burnout of employees. In January 2025, he would like a discussion regarding the life cycles of the unallocated General Fund 5-Year CIPs that need to be replaced. He also asked about exploring a potential vacancy tax.

Councilmember Hindi stated that the City uses taxes to provide revenue but it’s not enough to balance the budget in the long term. The cost of doing business has increased over the years and will continue to increase as personnel costs are 80% of the City’s budget. He noted that it costs money to hire qualified candidates who can deliver the services that are provided to the community. The City also needs to consider the major infrastructure that needs to be replaced. Personnel costs and aging infrastructure are the two things that will continue to put pressure on the budget in the coming future. He would like the current or future Council to discuss future development and leveraging EMID/City- owned property as future revenue options for the City. He stated addressing the unfunded pension liability is critical as well as finding ways to attract and retain businesses and residents.

Councilmember Froomin stated that he would like staff to analyze the 15-year CIP plan to find a more realistic cost of the projects on the list. He requested to see Gull, Marlin, and Boothbay parks redone and noted that the City should continue to maintain the amenities instead of adding amenities. He stated that the Pump Station on 3rd Ave should also be a priority and the importance of adding CIPs on the 15-year CIP list, which would allow the City to have more time to save for the projects before the end of the infrastructure life cycle. He noted that the City should work with lobbying groups to create

6.1 6.1 Minutes

10 legislation to ensure the state pays the City their VLF money. City Manager Chatwin stated a task force, made up of City Mangers and County employees, has been created to work on the issue. He also stated that with a potential Vacancy Tax, the goal would be to recover lost revenue from empty businesses and encourage the property owners to fill vacant spaces.

Mayor Sullivan stated that the City needs to have an economic development plan and healthy reserves to balance the City budget and lessen the impact of a deficit as revenues from taxes are not enough to balance the budget. He requested staff to hire someone with economic development expertise to help guide the City and to see the Phase 1 report regarding the golf course.

Motion by Councilmember/Director Hindi seconded by Councilmember/Director Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1982, and providing policy direction, as discussed by Council, as follows:

1. Schedule discussions in January 2025 for a detailed review of CIP projects;

2. Examine preemptive measures to adopt within the next two years before the General Fund Reserve balance is expected to fall below 50% of annual operating expenditures;

3. Consider a quarter cent sales tax increase to potentially fund CIP projects, maintain aging infrastructure, and preserve the health of the lagoon;

4. For future presentations of the budget, create subsections for volatile revenue items, such as excess ERAF (Educational Revenue Augmentation Funds) and VLF (Vehicle License Fee), to better measure revenue trends;

5. Closely examine projects in the City’s 15-year Capital Improvement Program to refine cost estimates, especially for Gull Park, Marlin Park, and Boothbay Park, and focus on maintaining, rather than adding, to public amenities;

6. Explore a vacancy tax as a possible future revenue option;

7. Explore collaborating with other cities to legislate VLF funding from the State;

8. Discuss future developments and leveraging EMID/City-owned property as potential future revenue options; and

9. Explore engaging with property owners to consider redevelopment possibilities.

Meeting recessed into study session at 6:43 p.m. and reconvened at 8:33 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 8:33 p.m.

6.1 6.1 Minutes

11 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 19, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 19, 2024 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 Patrick Sullivan.

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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart; Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Tracy Avelar, Police Chief; Frank Fanara, Parks Manager; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Kevin Ortiz, Management Analyst; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Walter Ng, program coordinator of StarVista Crisis Services, addressed the City Council via teleconference regarding resources for mental health.

The following people addressed the City Council via email:

1. Kandy O’Mara, regarding the Recreation Center Rebuild Project;

2. Jake D’Aquino, regarding the Recreation Center Rebuild Project; and

3. KD Hutchison, regarding the Recreation Center Rebuild Project.

6.2 6.2 Minutes

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of August 5, 2024;

2. City Ordinance No. 681, “An Ordinance of the City of Foster City Amending Section

17.06.180 Within Chapter 17.06, “Administration, Construction and Enforcement,” and Section 17.36.110 Within Chapter 17.36, “PD Planned Development Combining District,” of Title 17, “Zoning” of the Foster City Municipal Code to Allow Extensions to Planning Entitlements and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-0006 (First Reading on August 5, 2024);”

3. City Resolution No. 2024-82, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Third Amendment and Assignment of the Agreement from Renne Public Law Group, LLP (“RPLG”) Doing Business as Renee Public Policy Group (“RPPG”) to the California Public Policy Group (“CPPG”) for Continued State Legislative Advocacy Services and Optional Grant Writing Services;”

4. City Resolution No. 2024-83, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $75,000 From Fund 001 to Account No. 001- 0920-431-4246 and Authorizing the Sole Source Purchase of Repair Parts for the Lagoon Pumps from Cummins Inc. and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction) and 15269(B);”

5. City Resolution No. 2024-84, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for Citywide Heating, Ventilation and Air Conditioning (HVAC) System Programmed Maintenance and System Repair from January 1, 2025 to December 31, 2027, with the Option to Extend Through December 31, 2029;”

6. EMID Resolution No. 3772, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute an Agreement with Bay City Electric Works for the Purchase of Three Emergency Generator Systems and Two Automatic Transfer Switches in the Amount of $1,587,158 for CIP 455-705 Emergency Generator Replacements Project and Finding the Project is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15302, Class 2 (Replacement or Reconstruction);” and

7. Minute Order No. 1983, “Receive and Accept the Report on the 2024 Legislative Update.”

ITEMS PULLED FROM CONSENT CALENDAR

6.2 6.2 Minutes

13 AMENDING VARIOUS SECTIONS WITHIN CHAPTER 17.78 “ACCESSORY DWELLING UNITS,” OF TITLE 17 OF THE FOSTER CITY MUNICIPAL CODE TO

ENSURE COMPLIANCE WITH CHANGES IN STATE LAW RELATED TO ACCESSORY

DWELLING UNITS AND FINDING THE AMENDMENTS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006 (FIRST READING ON AUGUST 5, 2024).

James M. Lloyd, representing California Housing Defense Fund (CalHDF), addressed the City Council via email.

Without objection from the City Council, Mayor Sullivan removed this item from the agenda at the request of staff.

REQUEST FOR PROPOSALS (RFP) FOR RENTAL REGISTRY SOFTWARE AND

PROFESSIONAL SERVICES TO ADMINISTER THE RENTAL REGISTRY PROGRAM

AND FIND THE REQUEST EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3).

CITY RESOLUTION NO. 2024-85.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar.

Community Development Director Mangalam and Housing Coordinator Jabba presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-85, “A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals (RFP) for Rental Registry Software and Professional Services to Administer the Rental Registry Program and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3).”

MEMORANDUM OF UNDERSTANDING FOR THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 57, LOCAL 829, EFFECTIVE SEPTEMBER 9, 2024. CITY RESOLUTION NO. 2024-86. EMID RESOLUTION NO. 3773.

Without objection from the City Council/Board of Directors, Mayor/President Sullivan removed this item from the Consent Calendar at the request of Councilmember/Director Hindi.

Administrative Services Director Pitman presented the staff report.

6.2 6.2 Minutes

14 Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-86, “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, Effective September 9, 2024” and EMID Resolution No. 3773, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, Effective September 9, 2024.”

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-52) – CLEAN WATER PROGRAM – UPDATE FOR QUARTER 2 – APRIL THROUGH JUNE 2024. MINUTE ORDER NO. 1984.

Without objection from the Board of Directors, President Sullivan removed this item from the Consent Calendar at the request of Director Hindi.

Public Works Director Brozyna and Steve Tarantino, representing EKI Environment and Water, presented the staff report.

Discussion ensued.

Motion by Director Hindi, seconded by Director Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1984, to receive and accept the report on the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) – Clean Water Program – Update for Quarter 2 – April Through June 2024.

NEW BUSINESS

APPOINTMENTS OF THREE RESIDENT MEMBERS, TWO YOUTH MEMBERS, AND

ONE SMALL BUSINESS MEMBER TO THE CITIZENS SUSTAINABILITY ADVISORY COMMITTEE. MINUTE ORDER NO. 1985.

Communications Director/City Clerk Schaus presented the staff report.

The following people addressed the City Council via email:

1. Lolli Freedman;

2. Manju Varghese;

3. Suraksha Vidyarthi;

4. Rajshree Dave;

5. Heidi Levy;

6. Sneha Ghanekar;

7. Anupama Singh;

6.2 6.2 Minutes

15 8. Kavita Dua;

9. Michal Stephen;

10.Sharmili Roy;

11.Elizabeth Tough;

12.Alison LeBlanc;

13.Jesse Gilley;

14.Niki Agrawal;

15.Pushpa Patel;

16.Rajalakshmi Sreehari; and

17.Gaurav Lall.

Discussion ensued.

By Consensus of the City Council, to adopt Minute Order No. 1985, appointing the following individuals to the Citizens Sustainability Advisory Committee:

1. Resident Members: Kenneth Huo, Nilofer Motiwala, and Shuning Yan to new full terms from September 1, 2024 through August 31, 2027, and

2. Youth Members: Siddharth Gogi, and Nyssa Mitra, to new full terms from September 1, 2024 through August 31, 2027; and

3. Small Business Member: Shilpi Goel (representing My Fair Lady Beauty Salon) to a partial term expiring on August 31, 2025.

APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES 2024 ANNUAL CONFERENCE. MINUTE ORDER NO. 1986.

Communications Director/City Clerk Schaus presented the staff report.

Motion by Councilmember Froomin, seconded by Mayor Sullivan and carried unanimously, 5-0-0, adopting Minute Order No. 1986, and appointing Mayor Patrick Sullivan as Voting Delegate and Vice Mayor Stacy Jimenez as Alternate for the League of California Cities 2024 Annual Conference.

NONPROFIT AGENCY FUNDING FOR FISCAL YEAR 2024-2025. MINUTE ORDER NO. 1987.

Management Analyst Ortiz presented the staff report.

The following people addressed the City Council in person:

1. Colleen Sullivan regarding the San Mateo-Foster City Education Foundation;

2. Sue Digre regarding Partners & Advocates for Remarkable Children & Adults (PARCA);

3. Robyn Fischer regarding Samaritan House;

4. Raj Tiwari regarding BayBasi;

5. Mia Blandino regarding Ho’okahi Pu’uwai Outrigger Canoe Club;

6. Kimberly Gordon regarding the Peninsula Jewish Community Center; and

6.2 6.2 Minutes

16 7. Kay Ballantyne regarding the need for senior transportation services.

Discussion ensued.

Motion by Councilmember Froomin, and the maker amending the motion, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1987, providing policy direction to use the Council Averages as the final nonprofit agency funding allocations for Fiscal Year 2024-2025 as follows:

Nonprofit Agency Community Needs Category Funding
CORA Basic Services $7,400
LifeMoves Basic Services $6,000
Mission Hospice & Home Care Basic Services $6,300
PARCA Basic Services $5,850
Samaritan House Basic Services $18,700
StarVista Basic Services $3,800
BayBasi Community Enrichment $1,600
Foster City Historical Society Community Enrichment $2,550 Foster City Village Community Enrichment $7,900
Hillbarn Theater Community Enrichment $2,000
Ho’okahi Pu’uwai Outrigger Canoe Club Community Enrichment $700 Island United Church Community Enrichment $0
Ombudsman Services of San Mateo County Community Enrichment $1,000 Peninsula Musical Arts Association Community Enrichment $0 Peninsula Jewish Community Center Community Enrichment $3,450 San Mateo-Foster City Community Education
Foundation
Community Enrichment $4,350
Pacific Beach Coalition Community Health $3,400
TOTALS $75,000

NEXT STEPS FOR CALIFORNIA VOTING RIGHTS ACT CHALLENGE AND DEMAND FOR CITY TO TRANSITION TO DISTRICT-BASED ELECTIONS; RETENTION OF A DEMOGRAPHER. MINUTE ORDER NO. 1988.

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

Kay Ballentyne addressed the City Council in person.

Discussion ensued.

6.2 6.2 Minutes

17 Motion by Councilmember Hindi, seconded by Mayor Sullivan, and carried by roll call vote, 4-1-0, Vice Mayor Jimenez voted “no”, adopting Minute Order No. 1988, providing policy direction to agendize a resolution of intent to transition to district-based elections at the September 3, 2024 City Council meeting and for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority in the City’s Purchasing Policy.

REPORTS
HOUSING ELEMENT 2023-2031 IMPLEMENTATION ROADMAP. MINUTE ORDER NO. 1989.

Community Development Director Mangalam presented the staff report.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1989, providing policy direction to:

1. Accept the Guiding Principles presented in the Housing Element 2023-2031 Implementation Roadmap;

2. Accept the key strategies identified;

3. Accept the programs in the Table 2, “Proposed Funding Summary by Program” as proposed for funding at this time; and

4. Accept the funding amounts in Table 2, “Proposed Funding Summary by Program.” PARKS MASTER PLAN PUBLIC PARTICPATION STRATEGY PLAN. MINUTE ORDER NO. 1990.

Parks Maintenance Manager Fanara presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1990, receiving and accepting the report on the Parks Master Plan Public Participation Strategy Plan.

RESOLUTIONS FOR ADOPTION
SUPPLEMENTAL APPROPRIATION OF THE FY 2024-25 BUDGET FOR THE CARRYOVER OF UNSPENT BUDGETED FY 2023-24 EXPENDITURES FOR

VARIOUS PROGRAMS, PROJECTS, AND ACTIVITIES TO BE COMPLETED IN FY 2024-25. CITY RESOLUTION NO. 2024-87. EMID RESOLUTION NO. 3774.

Assistant Finance Director Hassan presented the staff report.

6.2 6.2 Minutes

18 Discussion ensued.

Motion by Mayor Sullivan, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-87 “A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal Year 2023-24 Budget Line Items as Supplemental Appropriations to the Fiscal Year 2024-25 Budget” and EMID Resolution No. 3774, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal Year 2023-24 Budget Line Items as Supplemental Appropriations to the Fiscal Year 2024-25 Budget.”

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

City/District Warrants of Demands were Processed and Issued on July 30, 2024.

Evan Adams addressed the City Council via teleconference.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reported that the application deadline for the 2024 Civics Academy has been extended to August 21, due to not receiving enough applications for minimum class. He noted the resources needed to hold the academy and encouraged the City Council to share this great opportunity with their networks and for the public to apply if they are interested in the program.

Councilmember/Director Kiesel stated he attended the Planning Commission meeting on August 15.

Councilmember/Director Hindi stated he attended the Summer Days event held from August 16-18. He requested to agendize a discussion regarding Union and Labor Agreements for Large Projects and received the support of Vice Mayor/Vice President Jimenez and Councilmember/Director Froomin. He requested staff to provide a Profit and Loss Statement of the current Recreation Center and a projected Profit and Loss Statement for the new Recreation Center.

Vice Mayor/Vice President Jimenez thanked all those that applied to the Citizens Sustainability Advisory Committee and the community non-profit agencies that attended the meeting. She stated that she spoke at the San Mateo Union High School District’s Building Community event on August 5. She attended the Summer Days event on August 16 and thanked staff for organizing the event thanked those who participated in the Rubber Ducky Race on August 18.

6.2 6.2 Minutes

19 Mayor/President Sullivan stated he attended the National Night Out event hosted by the Foster City Police Department on August 6. He shared that he received comments from the public regarding utility and sewer fees.

Councilmember/Director Froomin stated he was happy to see the large turnout for the Summer Days and Summer Concert events. He shared that the San Mateo Consolidated Fire Department Board meeting will be on August 20, and they will be holding a Chili Cook Off on August 24. He recognized Code Enforcement Officer Stevenson for his work at City events.

CLOSED SESSION
Mayor/President Sullivan recessed the meeting into Closed Session for:

1. Public Employee Performance Evaluation (Government Code 54957) Title: City Manager;

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case); and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 9:40 p.m. and reconvened at 10:39 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:39 p.m.

6.2 6.2 Minutes

20 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF SEPTEMBER 3, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of September 3, 2024 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 Patrick Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart; Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Cory Call, Police Captain; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Justin Lai, Senior Civil Engineer; Laura Galli, Engineering Manager; Amy Zhou, Assistant Engineer; Nori Jabba, Housing Coordinator; Gerardo Delfin, Building Maintenance Worker II; Rhowen Frakt, Public Works Intern; Shuli Chen, Video Technician; and Katherine Estrada, Deputy City Clerk/Deputy District Secretary.

SPECIAL PRESENTATIONS

RECOGNIZING JEFF BROWN FOR VOLUNTEER SERVICES CARING FOR CITY ROSES.

Mayor Sullivan presented the proclamation Recognizing Jeff Brown for Volunteer Services Caring for City Roses to Jeff Brown.

6.3 6.3 Minutes

21 RECOGNIZING SAURABH NETRAVALKAR FOR HIS ACHIEVEMENTS IN THE SPORT OF CRICKET.

Vice Mayor Jimenez presented the proclamation recognizing Saurabh Netravalkar for His Achievements in the Sport of Cricket in the United States.

Shankar Kenkre addressed the City Council in person.

PUBLIC
The following people addressed the City Council via email:

1. Akshay Kulkami, regarding the Bowditch Middle School Construction Project; and

2. Mei Ling, regarding pickleball courts.

Gerald Moreno addressed the City Council in person regarding leaf blowers.

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

City/EMID Consent Calendar

1. City Resolution No. 2024-88, “A Resolution of the City Council of the City of Foster City Approving the Appropriation of $24,000 From Fund 505 to Account Number 505-0550-419-4251 and Approving a Janitorial Services Agreement in the Amount of $348,184 per Year with Julio’s Cleaning and Maintenance Services from October 1, 2024, Through September 30, 2026, with Optional Extensions Through September 30, 2029;”

2. City Resolution No. 2024-89, “A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a One-Year Maintenance Renewal from Intrado in the Amount of $18,714.72 to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.72 from the General Fund to Account 001-0630-421-4246;” and

3. Minute Order No. 1991, “Approve a Letter to the Honorable Amarra A. Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated July 9, 2024, Entitled “Restaurant Exteriors: The Neglected Space.”

ITEM REMOVED FROM CONSENT CALENDER
HOUSING ELEMENT 2023-31 IMPLEMENTATION ROADMAP (ROADMAP) AND

FINDNG THE ROADMAP WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE. CITY RESOLUTION NO. 2024-90.

6.3 6.3 Minutes

22 Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar.

Assistant City Manager Subhashini presented the staff report.

Discussion ensued.

Paul Tayor addressed the City Council in person.

Evan Adams addressed the City Council via teleconference.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried, 4-0- 1, Mayor Sullivan abstained, adopting City Resolution No. 2024-90, “A Resolution of the City Council of the City of Foster City Approving the Housing Element 2023-31 Implementation Roadmap (Roadmap) and Finding the Roadmap Within the Scope of the Environmental Impact Report (SCH Number 2022010509) Prepared for the Foster City Housing and Safety Elements Update.”

RESOLUTIONS FOR ADOPTION
DECLARE THE CITY OF FOSTER CITY’S INTENT TO INITIATE PROCEDURES TO

TRANSITION FROM AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS PURSUANT TO ELECTIONS CODE SECTION 10010; APPROVE THE TENTATIVE TIMELINE AND OTHER RELATED ACTIONS. CITY RESOLUTION NO. 2024-91.

Assistant City Attorney Bazzano presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, and motion failed due to the lack of a second, to adopt City Resolution No. 2024-91, “A Resolution of the City Council of the City of Foster City Declaring the City of Foster City’s Intent to Initiate Procedures to Transition From At- Large Elections to District-Based Elections Pursuant to Elections Code Section 10010; Approving the Tentative Timeline and Other Related Actions” with an amendment to name the Southwest Voter Registration Education Project, its members residing within Foster City, and Jim Lawrence as the prospective plaintiffs in the resolution.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried by roll call vote, 4-1-0, Vice Mayor Jimenez voted “no”, adopting City Resolution No. 2024-91, “A Resolution of the City Council of the City of Foster City Declaring the City of Foster City’s Intent to Initiate Procedures to Transition From At-Large Elections to District-Based Elections Pursuant to Elections Code Section 10010; Approving the Tentative Timeline and Other Related Actions.”

AWARD OF A CONSTRUCTION CONTRACT TO BHM CONSTRUCTION LLC FOR THE CONSTRUCTION OF THE RECREATION CENTER REBUILD PROJECT (CIP 301-

6.3 6.3 Minutes

23 678) FOR THE BASE BID AMOUNT OF $40,647,000 AND BID ALTERNATES

SELECTED BY COUNCIL, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; APPROVE A CONTINGENCY OF TEN PERCENT OF THE TOTAL

CONTRACT AMOUNT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

CONTRACT CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT, IF NECESSARY; EXECUTION OF A TASK ORDER WITH APEX TESTING
LABRATORIES, INC. FOR MATERIAL TESTING SERVICES AND SPECIALTY INSPECTION SERVICES (CEQA STATUS: ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE RECREATION CENTER REBUILD PROJECT). CITY RESOLUTION NO. 2024-92.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

The following people addressed the City Council via email:

1. Inna Zatulovsky;

2. Angela L.Y. Lee;

3. Alan Hall;

4. Xuepeng Li;

5. Beni Poon;

6. Barry Kelem;

7. Mei Ling Lam;

8. Lester Chin;

9. Jenny Lee; and

10.Steve Jiang.

The following people addressed the City Council in person:

1. Yvonne Ryzak;

2. Karen Epstein;

3. Mary Lou Griffin;

4. Jim Hardy; and

5. Ajay Godbole.

Motion by Councilmember Hindi, seconded by Mayor Sullivan, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-92 “A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to BHM Construction LLC for the Construction of the Recreation Center Rebuild Project (CIP 301-678) for the Base Bid Amount of $40,647,000 and Bid Alternates Selected by Council, and Authorizing the Mayor to Execute the Contract; Approving a Contingency of Ten Percent of the Total Contract Amount and Authorizing the City Manager to Execute the Contract Change Orders up to the Contingency Amount, if Necessary; and Execution of a Task Order With Apex Testing Laboratories, Inc. For Material Testing Services and Specialty Inspection Services (CEQA Status: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project)” and directing staff to bring forth a resolution to the next regular City Council meeting to reallocate excess funds from the Project budget

6.3 6.3 Minutes

24 to be put back into the Capital Asset Acquisition and Replacement Fund (CAARF) and selecting the following bid alternates:

1. A1 Expanded Entry Canopy;

2. A3 Fitness Room Operable Partition;

3. L1a Playground with Play Equipment (Option 2 – Playcraft) & Rubberized Safety Surfacing;

4. L2 Event Terrace Glass Wind Screen;

5. L3 Bocce Courts; and

6. E1 Photovoltaic Panel System (without Energy Storage).

The meeting recessed at 9:54 p.m. and reconvened at 10:00 p.m.

APPLICATION FOR 2024 LOCAL HOUSING TRUST FUND PROGRAM NOTICE OF FUNDING AVAILABILITY. CITY RESOLUTION NO. 2024-93. CITY RESOLUTION NO. 2024-94.

Community Development Director Mangalam presented the staff report.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-93, “A Resolution of the City Council of the City of Foster City Authorizing Application for and Receipt of 2024 California Department of Housing and Community Development Local Housing Trust Funds and Other Related Approvals, and Authorize the City Manager or His Designee to Make Amendments to the Application as Needed, and Execute Other Grant Documents, as Needed” and City Resolution No. 2024-94, “A Resolution of the City Council of the City of Foster City Approving (A) the Foster City Local Housing Trust Fund (LHTF) Specific Underwriting Guidelines for Three (3) Proposed Loan Programs; (B) Transfer of Funds from Commercial Linkage Fee Fund (Fund 137) to LHTF (Fund 145) as Matching Funds, Contingent Upon the City Being Awarded the HCD LHTF Funding; and (C) in the Event That the Grant Is Not Awarded, Approve the Use of Funds from Fund 137 and Authorize the City Manager or His Designee to Make Amendments to Loan Programs as Needed, Including Loan Amounts, and Others for the Implementation of the Three (3) Housing Element Programs.”

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

City/District Warrants of Demands were Processed and Issued on August 5, 2024, and August 14, 2024, and ACH were processed on August 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

6.3 6.3 Minutes

25 Councilmember/Director Kiesel stated he participated as a judge in the San Mateo Consolidated Firefighter’s Association 15th Annual Chili Cook Off on August 24.

Councilmember/Director Hindi congratulated the Foster City community for the new Recreation Center to be built in the next couple years. He thanked staff and the consultants for their work on the project, and thanked members of the public for providing community input and responding to outreach efforts. He reported that the SFO Airport/Community Roundtable will be holding a Technical Working Group on September 4 at 3:30 p.m. in the Foster City Council Chambers Conference Room, where they will be discussing planes arriving over Foster City.

Vice Mayor/Vice President Jimenez stated she attended an Educator Housing Task Force meeting held by the San Mateo-Foster City School District on August 29, where they explored options for workforce housing.

Mayor/President Sullivan stated he attended the Peninsula Clean Energy Board meeting and the City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Committee meeting on August 22. He attended the first session of the 2024 Civics Academy program on August 28.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:12 p.m.

6.3 6.3 Minutes

26 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF SEPTEMBER 6, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of September 16, 2024, was called to order at 6:03 p.m. by Mayor/President Sullivan.

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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Derek Schweigart; Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Tracy Avelar, Police Chief; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Evan Adams addressed the City Council via teleconference.

REPORTS
Mayor Sullivan recessed the meeting into Study Session. 2023-2031 HOUSING ELEMENT IMPLEMENTATION – ANTI-DISPLACEMENT STRATEGY.

Community Development Director Mangalam presented the staff report.

6.4 6.4 Minutes

27 Discussion ensued.

By consensus of the City Council, it was ordered to provide direction to staff as follows:

1. Include the following recommended strategies in the Anti-Displacement Strategy document:
a. Tenant and landlord education and outreach for all rental units b. Extend AB 1482’s “No Fault Just Cause” lease termination provisions to BMR units
c. Apply a minimum tenant relocation payment equal to three month’s rent according to published U.S Department of Housing and Urban Development (HUD) Fair Market Rent (FMR) rates to BMR tenants as required for “No Fault Just Cause” lease terminations.

2. Change the BMR Guidelines to apply to all BMR rental units (both existing and future) to a maximum rent increase of 5%; and

3. Establish the Anti-Displacement Strategy as a mandate for BMR landlords/property managers and codify the strategies in an Ordinance.

Meeting recessed into study session at 6:03 p.m. and reconvened at 6:51 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 6:51 p.m.

6.4 6.4 Minutes

28 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF SEPTEMBER 16, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of September 16, 2024 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 6:52 p.m. by Mayor/President Patrick Sullivan.

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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Tracy Avelar, Police Chief; Rob Lasky, IT Manager; David Liu, Senior HR Analyst; Madeline Koval, Recreation Coordinator; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING SEPTEMBER 2024 AS “NATIONAL EMERGENCY PREPAREDNESS MONTH.”
Councilmember Froomin presented the proclamation declaring September 2024 as “National Emergency Preparedness Month” to Jim Yoke, representing the San Mateo Consolidated Fire Department.

CONSENT CALENDAR

6.5 6.5 Minutes

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

City/EMID Consent Calendar

1. City Resolution No. 2024-95, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute a Grant Agreement with the Peninsula Clean Energy Authority for the Receipt of Grant Funding in the Amount of $551,232 for the Recreation Center Rebuild Project (CIP 301-678)”;

2. City Resolution No. 2024-96, “A Resolution of the City Council of the City of Foster City Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster City and the San Mateo Union High School District for a Contribution in the Amount of $21,231 to the ASA Bus Program for the 2024- 2025 School Year, Authorizing the City Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not-to-Exceed $21,231 to the Community Benefits Fund, Account No. 005-0110-413-4251, to Fund the Contribution;”

3. City Resolution No. 2024-97, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Six (6) in the Amount Of $25,000 with Schaaf & Wheeler Consulting Civil Engineers for Phase 3 Services for the Levee Protection Planning and Improvements Project (CIP 327- 657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012));”

4. City Resolution No. 2024-98, “A Resolution of the City Council of the City of Foster City Approving the Appendix Dated September 2024 of Certain Designated Employees in the Conflict of Interest Code and to Formalize the Designated Positions Required to Participate in AB 1234 Ethics Training;”

5. EMID Resolution No. 3775, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Appendix Dated September 2024 of Certain Designated Employees in the Conflict of Interest Code and to Formalize the Designated Positions Required to Participate in AB 1234 Ethics Training;” and

6. Minute Order No. 1992, “Receive and Accept the Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 2023-2024.”

RESOLUTIONS FOR ADOPTION
APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH ADVISORY COMMITTEE.

CITY RESOLUTION NO. 2024-99.

Without objection from the City Council, Mayor Sullivan moved this item out of agenda order.

Recreation Coordinator Koval presented the staff report.

6.5 6.5 Minutes

30 Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-99, “A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee.”

NEW BUSINESS

CONTINUE OR DISCONTINUE PUBLIC COMMENT VIA TELECONFERENCE (ZOOM) AT PUBLIC MEETINGS. MINUTE ORDER NO. 1993.

Communications Director/City Clerk Schaus presented the staff report.

Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1994, providing policy direction to continue accepting public comments via teleconference (Zoom) at future City Council and commission/committee meetings.

REPORTS
RECREATION CENTER REBUILD PROJECT (CIP 301-678) – RECREATION CENTER BUILDING NAMING. MINUTE ORDER NO. 1994.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Vice Mayor Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1994, providing policy direction to:

1. Receive and accept the report on the Recreation Center Rebuild Project and change the current name of the “William E. Walker Recreation Center” to the “Foster City Community Center;”

2. Direct staff to develop and implement alternative methods of commemorating William E. Walker and other members of the Foster City Community whose significant contributions were instrumental in the Recreation Center’s various phases of development since 1974; and

3. Return to a future City Council meeting with a Resolution for adoption to officially change the name of the current Recreation Center and provide alternative naming options for the current Foster City Community Center.

6.5 6.5 Minutes

31 INFORMATION TECHNOLOGY STRATEGIC PLAN. MINBUTE ORDER NO. 1995.

IT Manager Lasky introduced David Buchan and Robert Kornovich, representing Avero LLC, who presented the report.

Discussion ensued.

Motion by Vice Mayor Jimenez, seconded by Councilmember Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1995, receiving and accepting the Information Technology Strategic Plan.

ORDINANCE FOR INTRODUCTION
FLAVORED TOBACCO REVISION.

City Attorney Stock presented the staff report.

Blythe Young, representing the American Heart Association, addressed the City Council via teleconference.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, to introduce ordinance by title and waive further reading, and pass to second reading, “An Ordinance of the City of Foster City to Amend Sections 8.11.010, 8.11.020 and 8.11.030 of Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” within Title 8, “Health and Safety” of the Foster City Municipal Code to Repeal Certain Provisions Relating to Restaurants That Sell Hookah and Shisha Tobacco Products.”

RESOLUTIONS FOR ADOPTION
TRANSFER OF ESTIMATED EXCESS FUNDS IN THE AMOUNT OF $3,490,558 FROM THE CITY CIP FUND (FUND 301) RECREATION CENTER REBUILD PROJECT (301- 678) TO THE CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND (CAAR FUND 326). CITY RESOLUTION NO. 2024-100.

Assistant Finance Director Hassan presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried, 3-2- 0, Councilmember Froomin and Vice Mayor Jimenez voted “no”, adopting City Resolution No. 2024-100, “A Resolution of the City Council of the City of Foster City Approving the Transfer of Estimated Excess Funds in the Amount of $3,490,558 from the City CIP Fund

6.5 6.5 Minutes

32 (Fund 301) Recreation Center Rebuild Project (301-678) to the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326).”
SECOND AMENDMENT TO CITY/DISTRICT MANAGER STEFAN CHATWIN’S EMPLOYMENT AGREEMENT. CITY RESOLUTION NO. 2024-101. EMID RESOLUTION NO. 3776.

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

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Mayor/President Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-101, “A Resolution of the City Council of the City of Foster City Approving the Second Amendment to the City Manager’s Employment Agreement” and EMID Resolution. No. 3776, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Second Amendment to the City Manager’s Employment Agreement.”

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

City/District Warrants of Demands were Processed and Issued on August 28, 2024

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin thanked the City Council/EMID Board for their trust and expressed his appreciation for the Foster City community.

Councilmember/Director Kiesel stated he attended the San Mateo County Library Joint Powers Authority Board meeting on September 16.

Councilmember/Director Froomin stated he attended the Foster City AYSO (American Youth Soccer Organization) Opening Day Event on September 7 alongside Vice Mayor/Vice President Jimenez and Councilmember/Director Kiesel.

Vice Mayor/Vice President Jimenez stated she attended the City/County Association of Governments (C/CAG) Board meeting on September 12. On September 15, she gave a tour of the City Council Chambers to a troop of local Girl Scouts. On September 16, she attended the San Mateo County Child Care Partnership Council meeting. She encouraged the public to attend the 2024 Candidate Forum hosted by the Foster City Chamber of Commerce on September 19.

6.5 6.5 Minutes

33 Mayor/President Sullivan stated he met with a local student and her parent at City Hall on September 12 for a Meet the Mayor session. He requested a moment of silence to honor those who dedicated their lives during the events of September 11, 2001.

CLOSED SESSION
Mayor/President Sullivan recessed the meeting into Closed Session for:

1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager); and

2. Report Out from Closed Session
Meeting recessed into Closed Session at 9:10 p.m. and reconvened at 9:45 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:45 p.m.

6.5 6.5 Minutes

34 6
5 3
DATE: October 21, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR

MEDIAN AND EASEMENT MAINTENANCE AND FOR CUL-DE-

SAC, WALKWAYS, ISLAND BRIDGES, AND EASEMENT
MAINTENANCE FROM JANUARY 1, 2025, AND ENDING
DECEMBER 31, 2027, WITH OPTIONAL EXTENSIONS
THROUGH DECEMBER 31, 2029

RECOMMENDATION
It is recommended that City Council adopt the attached resolution:
•Approving the plans and specifications and authorizing the Call for Bids for Median and Easement Maintenance from January 1, 2025, and ending December 31, 2027, with optional extensions through December 31, 2029; and •Approving the plans and specifications and authorizing the Call for Bids for Cul- De-Sac, Walkways, Island Bridges, and Easement Maintenance from January 1, 2025, and ending December 31, 2027, with optional extensions through December 31, 2029.

EXECUTIVE SUMMARY
Median and Cul-De-Sac maintenance consists of two components.

1. Cul-De-Sacs;

6.6 6.6 Staff Report

35 6
5 3
•Maintenance of approximately two acres of landscaped cul-de-sacs (44 individual cul-de-sacs)
•Maintenance of approximately ten city-owned landscaped easements throughout the Foster City parks system
•Maintenance of exterior landscape outside Foster City Corporation Yard

2. Medians
•Maintenance of approximately fourteen acres of landscaped and hardscaped street median areas, including fourteen (14) easements
Funding of $223,400 is available in account 110-0520-452-4251 for Median and Cul-De- Sac Maintenance. Adoption of the Resolution will authorize two actions that are required by the City’s purchasing policy: Issuing a Call for Bids for Median maintenance and issuing a Call for Bids for Cul-De-Sac maintenance. Once responses have been received, award of agreements will be brought to the City Council.

BACKGROUND/ANALYSIS
The current maintenance agreements were approved via resolution by City Council on November 16, 2020, for multi-year agreements beginning January 1, 2021.

Median Agreement: The Median Agreement covers maintenance of 14 acres of landscaped and hardscaped street medians and easements. Loral Landscape is the current contractor, with an original contract of $146,447 for January 1, 2024, to December 31, 2024. The agreement was amended to include additional work at new pedway access points, adding $20,820, bringing the total contract to $167,267 for 2024.

Cul-De-Sac Agreement: The Cul-De-Sac Agreement covers maintenance of 46 cul-de- sacs, 7 island bridges, 6 walkways, and the exterior landscape of the Corporation Yard.

Loral Landscape is the current contractor, with a contract amount of $61,125 for the period of January 1, 2024, to December 31, 2024.

The scope of work for both Calls for Bids includes:
▪Mowing and edging of ground covers.
▪Pruning and trimming of trees and shrubs 15 feet tall and under. ▪Weed abatement of all landscaped and hardscaped areas. ▪Adjacent curb and gutter clean up and weed abatement.
▪Trash and general cleanup of all landscaped and hardscaped areas. ▪Irrigation programming, checks and repair.

The proposed terms in these Calls for Bids are three years beginning January 1, 2025, and ending December 31, 2027, with optional extensions through December 31, 2029.

6.6 6.6 Staff Report

36 6
5 3
Compensation paid to the contractors shall increase by no more than 2% per year and shall be applied at the commencement of each extension exercised by the City.

Staff will issue Notices Inviting Bids to qualified contractors for this work and post the Calls for Bids on the City’s website.

CEQA
Not Applicable

FISCAL IMPACT
There is no significant cost to issue the Calls for Bids or the Notice Inviting Bids. The fiscal impact of the work in the agreements will be discussed in the Staff Report that accompanies the award of the agreements and it is anticipated that budget amount will be sufficient for the total final cost.

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

Attachment 1 – Resolution
Attachment 2 – Call for Bids for Median and Easement Maintenance Attachment 3 – Call for Bids for Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance

6.6 6.6 Staff Report

37 2
6 7
3 RESOLUTION NO.

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

APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALLS FOR

BIDS FOR MEDIAN AND EASEMENT MAINTENANCE AND FOR CUL-DE-SAC,

WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE FROM JANUARY 1, 2025, AND ENDING DECEMBER 31, 2027, WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029

CITY OF FOSTER CITY
WHEREAS, the City Council last approved agreements for Median and Easement Maintenance and Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance on November 16, 2020; and
WHEREAS, the current Median and Easement Maintenance and Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance agreements expire on December 31, 2024; and
WHEREAS, funding of $223,400 is available in the Parks and Recreation contractual services account for this work; and
WHEREAS, the Calls for Bids include a three-year initial term, with options for two (2) additional one-year extensions; and
WHEREAS, adoption of the Resolution will authorize issuance of Calls for Bids for Median and Easement Maintenance and Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Approve Plans and Specifications and authorize the Parks Manager to Issue a Call for Bids Median and Easement Maintenance from January 1, 2025, through December 31, 2027, with optional extensions through December 31, 2029; and

2. Approve Plans and Specifications and authorize the Parks Manager to Issue a Call for Bids for Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance from January 1, 2025, through December 31, 2027, with optional extensions through December 31, 2029.

6.6 Attachment 1 - Resolution

38 2
6 7
3 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 21st day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

39 CALL FOR BIDS
for

MEDIAN AND EASEMENT MAINTENANCE
for the

CITY OF FOSTER CITY PARKS DEPARTMENT
The City of Foster City has issued a Call for Bids to provide maintenance for the city’s Cul-de-Sacs, Walkways, Island Bridges, and Easements.

The project scope, content of bid, and vendor selection process are summarized in this RFB below.

BIDS must be received no later than 2:00 pm, Thursday, November 14, 2024. All responses must be in a sealed envelope and have
Median and Easement Maintenance
clearly marked on the outer most mailing envelope. Please submit two copies of bids as follows:

Mail or Hand Deliver To:

City of Foster City
Parks Division 100 Lincoln Centre Drive
Foster City, CA 94404
Bids will not be accepted after the date and time stated above. Incomplete bid or bids that do not conform to the requirements specified herein will not be considered. Issuance of the RFB does not obligate the City to award a contract, nor is the City liable for any costs incurred by the bidder in the preparation and submittal of bids for the subject work. The City retains the right to award all or parts of this contract to several bidders, to not select any bidders, and/or to re-solicit bids. The act of submitting a bid is a declaration that the bidder has read the RFB and understands all the requirements and conditions
For questions concerning the anticipated work, or scope of the project, please contact Frank Fanara, Park Manager, via email at [email protected] no later than October 31, 2024, Answers to questions will not be provided by telephone or email. Rather an addenda will be posted online by November 7, 2024 by 3:00pm at
https://www.fostercity.org/parksrec/page/median-and-cul-de-sac-maintenance-request-bids It is each vendor’s responsibility to check this site to obtain answers to all submitted questions.

For general questions concerning the submittal process, contract Frank Fanara at 650-286-3553.

6.6 Attachment 2 - Call for Bids for Median and Easement Maintenance

40 SPECIFICATIONS FOR SCOPE OF WORK
Services For:

LANDSCAPE AND “HARDSCAPE” MAINTENANCE FOR STREET MEDIAN ISLANDS AND EASEMENTS ON:
1) East Hillsdale Blvd
2) Foster City Blvd
3) Edgewater Blvd
4) Beach Park Blvd
5) Shell Blvd
6) Metro Center Blvd
7) Vintage Park Blvd
8) East Third Ave
9) Other areas as outlined in the List of Locations (Square Footage) and Map of Locations, Attachments A and B, attached and incorporated by this reference.

6.6 Attachment 2 - Call for Bids for Median and Easement Maintenance

41 MEDIAN AND EASEMENT MAINTENANCE 2025 3

CITY OF FOSTER CITY, CALIFORNIA

CONTENTS
The following documents are elements of our Street Median Maintenance Program:

Pages
Sealed Bids ........................................................................................................2-3 Instructions to Bidders ......................................................................................4-5 Bid Form ............................................................................................................6-7 Schedule of Bid Items ........................................................................................8 Contract Labor Summary...................................................................................9 Bidder's Statement............................................................................................10-12 Statement of Qualifications...............................................................................13 Part I: General Provisions .........................................................................14 Part II: Special Provisions...........................................................................14-16 Landscape Maintenance Specifications .........................................17-20 Technical Maintenance Specifications...........................................21-26 Part III: List of Attachments ........................................................................27-35 Part IV: Sample City Contract…..……(Attached) ..........................................36-49 City of Foster City
Corporation Yard Building/Parks Department
100 Lincoln Centre Drive
Foster City, CA 94404
(650) 286-3549

6.6 Attachment 2 - Call for Bids for Median and Easement Maintenance

42 MEDIAN AND EASEMENT MAINTENANCE 2025 4

NOTICE INVITING SEALED BIDS

1. Electronic and Sealed bids will be received by the City of Foster City (the “City”) for Landscape Maintenance services and other work as described in the Specifications/Scope of Work Documents.

2. Specification documents and bid forms are available at the City of Foster City Corporation Yard Building, 100 Lincoln Centre Drive, Foster City, California. Any questions regarding bid or contract documents must be submitted by October 31, 2024, to Frank Fanara, Parks Manager, at (650) 286-3553, or in writing at the above address. All received questions shall be answered in a single addendum to this Call for Bids, which shall be sent to all firms that have been invited to submit bids prior to the date that bids are to be submitted.

3. Evidence of insurability shall also be included with the bid. The successful Bidder shall be required to provide proof of insurance coverage that meets or exceeds the requirements specified in the attached draft Vendor Agreement.

4. Qualified Bidders must have at least three (3) years of professional landscape maintenance services to municipalities. Bidders shall supply four (4) references of prior clients within the last three (3) years and including at least one (1) current client with the bid.

5. The contract term for this work shall be for three (3) years beginning January 1, 2025 and ending December 31, 2027. The contract may be extended, in the City’s sole discretion, in one-year (12 month) increments as follows:
1) Extension One: January 1, 2028 through December 31, 2028 2) Extension Two: January 1, 2029 through December 31, 2029 The compensation paid to the contractor shall increase by no more than 2% per year and shall be applied at the commencement of each extension exercised by the City. City shall notify the contractor its intention to extend the contract at least 60 calendar days prior to the expiration of the current term.

6. The City reserves the right to reject any or all bids, to waive any informality in bids, and to accept or reject any items of the bid.

7. Sealed bids shall be delivered to the City of Foster City – c/o Park Maintenance Office, 100 Lincoln Centre Drive, Foster City California 94404, on or before 2:00 p.m., Thursday, November 14, 2024.

8.In accordance with state law and local regulations, the landscaping contract for this project will be subject to prevailing wage requirements. Contractors and subcontractors are required to pay the appropriate prevailing wage rates for all work performed on the project. These rates are determined by the California Department of Industrial Relations and are applicable to all laborers, mechanics, and workers involved.

Dated: September 30, 2024

6.6 Attachment 2 - Call for Bids for Median and Easement Maintenance

43 MEDIAN AND EASEMENT MAINTENANCE 2025 5

INSTRUCTIONS TO BIDDERS

BID REQUIREMENTS AND CONDITIONS
Project Scope: Provide landscape and "hardscape" maintenance of street median islands and easement areas on the following sites:
1) East Hillsdale Blvd.;
2) Foster City Blvd.;
3) Edgewater Blvd.;
4) Beach Park Blvd;
5) Shell Blvd.;
6) Metro Center Blvd.;
7) Vintage Park Dr.;
8) East Third Ave.;
9) and all other areas as outlined in Attachments A and B to this Call for Bids.

Bidder Qualifications: All Bidders and potential subcontractors shall be properly licensed by the State of California to perform the specific work designated. Bidder shall provide information on prior experience, past projects, capability, craftsmanship and other pertinent information to work on the project. City reserves the right to reject any or all bidders that, in the City's opinion, lack the experience and qualification to adequately perform the work.

Bidding Documents and Execution: Refer to "Contents" page for a list of all documents required for accurate and comprehensive bidding. It shall be the Bidder's responsibility to obtain these documents; see "Notice Inviting Sealed Bids." All blanks on required submittals shall be fully completed or marked "None" where applicable. One (1) copy of each document must be submitted electronically and in a sealed bid envelope post marked before the bid deadline.

Post Bid Requirements: It is expected that the successful bidder shall execute a Vendor Agreement in the form of the draft attached with this Call for Bids. After the City awards the Agreement to the lowest responsible bidder, the successful bidder shall provide all required insurance documentation and execute the Agreement.

Contents of Bid Forms: Prospective Bidders shall utilize and fully complete the attached bid form.

Examination of Specifications, Special Conditions and Site Work: The Bidder shall examine carefully the scope of work, requirements, and site(s) of the work. By submitting a bid, the Bidder represents that it has investigated and understands conditions to be encountered as to the character, quality and quantities of work to be performed and materials to be furnished, and the requirements of these specifications.

The successful Bidder (the “Contractor”) shall accept the site as is and proceed with the work under the contract.

Withdrawal of Bids: A bid may be withdrawn by the Bidder prior to, but not after, the time fixed for the opening of bids, provided that a written request, executed by the Bidder or his duly authorized representative, is submitted to Frank Fanara, Parks Manager, via email at [email protected].

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Rejection of Bids and Disqualification of Bidders: Bids may be rejected if they show any alterations of the form, additions not called for, conditional bids, incomplete bids, erasure, or irregularities of any kind. Any statement of qualification in the bid form, or attached thereto or included therewith, serving to qualify bid, or containing conflicting statements, or otherwise rendering bid ambiguous or uncertain, will disqualify the bid. The City will not consider more than one bid from an individual, firm, partnership, corporation, or association under the same or different names. If the City has reasonable grounds for believing that any Bidder is interested in more than one bid for the work contemplated the City shall reject all bids in which the Bidder is interested. The City reserves the right to reject any and all bids.

Competency of Bidder: Each Bidder will be required to furnish satisfactory evidence that it has sufficient means, plants, equipment, and experience to undertake and successfully complete the work herein contemplated.

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BID FORM

MEDIAN AND EASEMENT MAINTENANCE
Areas to be maintained:
1) East Hillsdale Blvd.;
2) Foster City Blvd.;
3) Edgewater Blvd.;
4) Beach Park Blvd;
5) Shell Blvd.;
6) Metro Center Blvd.;
7) Vintage Park Dr.;
8) East Third Ave.;
9) Other areas as outlined in Attachments A and B included in the City’s Call for Bids.

CITY OF FOSTER CITY
FOR THE TOTAL YEARLY SUM OF $_______________ (use figures only) as computed from lump sum prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this bid is accepted he/she will contract with the City of Foster City, California, to furnish all labor, materials, tools, equipment, transportation, and all incidental work and services required to complete all items of maintenance work as indicated in the Specification Documents. The undersigned agrees that, if this bid is accepted, the bidder shall contract with the City by executing the “PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR LANDSCAPING FOR MEDIAN AND EASEMENT MAINTENANCE 2025” attached with the City’s Request for bids.

All work shall conform to the Scope of Work shown and shall be done in accordance with the Specification Documents and all addenda thereto.

EXAMINATION OF THE SITES: The Bidder shall examine the sites of the work contemplated and the bid and contract forms carefully. The submission of a bid shall be conclusive evidence that the Bidder has investigated, understands, and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished, and the requirements of the bid, plans, specifications, and the required Vendor Agreement. If the Bidder determines that any portion of the site or scope of work present any interpretation problems of any kind, the Bidder shall note such a determination upon this bid form. Failure to note any such determination shall be conclusive evidence of acceptance by the Bidder of the sufficiency of the plans and specifications.

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This bid form and its attachments, including: SCHEDULE OF BID ITEMS, CONTRACT LABOR SUMMARY, BIDDER'S STATEMENT, CERTIFICATE OF NONDISCRIMINATION, and STATEMENT OF QUALIFICATIONS, is submitted in conformance with the requirements of the Specification Documents and all addenda thereto as prepared by the City of Foster City.
__________________________________________
Contractor’s Name Printed
_______________________________________________
Contractor’s Signature
_______________________________________________
Name of Company
( )
Phone Number

_______________________________________________
Date

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SCHEDULE OF BID ITEMS
(To be submitted with Bid Form)
Perform all work as described in Specification Documents and as indicated in Scope of Work.

TOTAL COMPENSATION FOR ALL WORK FOR PROPOSED TERM OF AGREEMENT (THREE YEARS):
$ ______________
If the term of the Agreement is extended, total compensation for all work will increase 2% at the commencement of each one-year extension.

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CONTRACT LABOR SUMMARY
(To be submitted with Bid Form)
Pursuant to the specifications, the following Labor Summary must be completed for the Contract Areas, showing the number of full time positions provided by the Contractor to perform services for the areas.

Additionally, the City will evaluate the bids to ensure that a satisfactory number of positions have been provided for by the Contractor to achieve a high level of landscape maintenance throughout the City. This Labor Summary and the selection criteria for award of contract will be considered by the City to select the Contractor.

Designate the number of full time employees that have been included in the bid for all contract areas.

Designate the number of personnel employed on the job for 40 hours per week or the number of hours proposed per week for each category below:

Contractor’s proposed “staffing” number of personnel hours per week:

1. Supervisor _____________

2. Irrigation Specialist _____________

3. Landscape Laborers or Grounds Persons _____________

4. Pesticide Applicator(s) (Periodic Services) _____________ Total full-time positions proposed: _____________ For the period January - June Total full-time positions proposed: _____________ For the period July – December

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BIDDER'S STATEMENT
SHEET 1 OF 3
(To be submitted with Bid Form)

MEDIAN AND EASEMENT MAINTENANCE
The undersigned has carefully read and understands all documents included in and all addenda to the City’s Call for Bids and understands that any variation or deviation from the requirements established by those documents shall be sufficient grounds for rejection of the bid.

The undersigned further certifies that bidder is licensed by the State of California as a Contractor, that the license is now in force, and that the number and class is Landscape Contractor Class (C-27), and the expiration date. Further the undersigned certifies that upon request she/he will provide evidence of the license. The Contractor shall also maintain a California Licensed Pest Control Operator and Pest Control Advisor. The Contractor shall also maintain IPM Training and Certification such as “Bay-Friendly” or equivalent. The names and Certificate/License numbers shall be supplied to the City at the start of the contract.

Pursuant to Business and Professions Code Section 7028.15, I,_________________, declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this ____ day of______________, 2024, at_______________, California.

It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the Bidder.

If awarded the contract, the undersigned hereby agrees to execute an agreement, a draft of which is attached as Attachment F, together with the necessary certificate(s) of insurance, related endorsements for general and automobile liability insurance, and proof of a Foster City Business License (“Business License”) within ten (10) calendar days after the date of the award and to commence work on the start date (January 1, 2025), and to complete the work as required under the agreement and Scope of Work in the City’s Call for Bids.

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BIDDER'S STATEMENT
SHEET 2 OF 3
(To be submitted with Bid Form)

MEDIAN AND EASEMENT MAINTENANCE
The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in creating this bid.

The undersigned hereby certifies that this bid is genuine, and not a sham or collusive, or made in the interest or on behalf of any person not named herein, and that the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm or corporation to refrain from bid, and that the undersigned has not in any manner sought by collusion to secure an advantage of any kind whatever.

The undersigned agrees that this bid may not be withdrawn for a period of thirty (30) days after the date set for the opening thereof.

NOTE: IF THE BID IS MADE BY AN INDIVIDUAL, HER/HIS NAME AND POST OFFICE ADDRESS MUST BE LISTED. IF THE BID IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE LISTED (if more than two members of a firm or partnership, please attach an additional page); OR IF MADE BY A CORPORATION, THE BID SHALL LIST THE NAME OF THE STATE UNDER

THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION.

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BIDDER'S STATEMENT
SHEET 3 OF 3
(To be submitted with Bid Form)

MEDIAN AND EASEMENT MAINTENANCE
SIGNATURES OF BIDDER:

If INDIVIDUAL, sign below: ___________________________

Signature____________________________________
Print name___________________________________
Post Office Address ___________________________________________________________________ If CORPORATION, sign below (list names of non-signing officers):
___________________________________ a CORPORATION
Name of State Where Chartered ________________________
Signature _______________________ Date______________
Print name of person signing bid _______________________________ List names of the following officers:
___________________________________ PRESIDENT
___________________________________ SECRETARY
___________________________________ TREASURER
If PARTNERSHIP, sign below (list names of non-signing partners) ___________________________________________
Signature Date ____________________________________________
Name of Partner
Street Address _________________________________
Signature ___________________ Date ____________
Non-signing partners:___________________________________________________________________

_____________________________________________
Post Office Address (if different from street address)

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STATEMENT OF QUALIFICATIONS
(To be submitted with Bid Form)
Provide the following information on this sheet:Prior experience, past projects and scope of work, capability, craftsmanship, and any other pertinent data. Use reverse side of sheet or attachment if necessary.
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

REFERENCES -- PAST PROJECTS
Reference #1:

Name: __________________________________________________________________ Address and City: _________________________________________________________ Telephone:_______________________________________________________________ Job Name: _______________________________________________________________ Dates of Work: ___________________________________________________________ Reference #2:

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GENERAL PROVISIONS
(to be included as scope in awarded Agreement)

DESCRIPTION OF CONTRACT WORK AND INTENT
These Specifications establish standards for the maintenance of landscaped areas for the City.

The intent of these Specifications is to provide full and complete contract landscape maintenance at designated sites herein described, and that such sites be kept in a healthy, vigorous and well-kept state at all times.

The contract term for this work shall be for three (3) years beginning January 1, 2025 and ending December 31, 2027. The contract term may be extended by the City, in its sole discretion, in one-year (12 month) increments as follows:
1) Extension One: January 1, 2028 through December 31, 2028 2) Extension Two: January 1, 2029 through December 31, 2029 Renewal shall be at sole discretion of City. The amount of the contract shall not increase by more than 2% per year. City shall notify Contractor of its intention to extend the contract at least 60 calendar days prior to the expiration date of the current term.

CITY OF FOSTER CITY BUSINESS LICENSE GUIDELINES:

A business license shall be obtained as required by the City of Foster City Municipal Code.

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SPECIAL PROVISIONS
(to be included as scope of work in awarded Agreement)
DEFINITION OF WORDS: Wherever, in these specifications, the words directed, required, permitted, ordered, designated, or words of like import are used, they shall be understood to meet the direction, requirement, permission, order or designation of the Parks Manager. Similarly, the words approved, acceptable, satisfactory shall mean approved by, acceptable to, or satisfactory to the Parks Manager.

The words shown, indicated, noted, called for shall mean shown, indicated, noted, or called for in the Specification/Scope of Work Documents for the work referred to.

The word equal shall mean equal in the opinion of, or approved in writing by the Parks Manager as hereinafter provided.

STANDARD SPECIFICATIONS: Contractor shall complete work in accordance with the directions, provisions, specifications, and requirements contained in the Scope of Work.

PARKS MANAGER: The Parks Manager shall be the City representative throughout the project.

SCHEDULE OF OPERATIONS: The Contractor shall submit to the Parks Manager, within five (5) days after award of contract, a prepared schedule of operations which shall be followed upon approval. The proposed schedule may be revised, subject to the approval of the Parks Manager, to facilitate the Contractor's operations if circumstances require and justify such change.

EXISTING UTILITIES: The Contractor is hereby notified that underground utilities exist in within the work areas. Contractor shall take all reasonable precautions to preserve and protect such utilities and existing improvements. The Contractor shall be responsible for the cost of repair to any damaged utilities or improvements.

The Contractor shall be responsible for locating all underground utility lines to ensure the safety of its work crew and to protect existing utility equipment before commencing any excavation. Contractor shall contact the City and Underground Service Alert (USA) at 1-800-422-4133 at least forty-eight (48) hours prior to commencing any excavation.

GUARANTEE: The Contractor warrants and guarantees that any and all material and equipment used or furnished and all workmanship are of the type and quality specified herein.

In the event of Contractor’s failure to comply with any of the conditions herein within a reasonable time after notice, the City is authorized to have the deficiencies rectified at the expense of the Contractor, who will pay the costs and charges therefore immediately upon demand.

OTHER CONTRACTORS: City reserves the right to, at its convenience, retain other contractors to perform additional or supplementary work on or adjacent to the work sites. Contractor shall cooperate in all ways as may be necessary for the execution of the additional or supplementary work.

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PERFORMANCE OF WORK:

Regulations: The work shall comply with all applicable local, Federal, and State laws and regulations.

Contractor shall be a licensed California Landscape Contractor (C-27). The Contractor shall also maintain a California Licensed Pest Control Operator and Pest Control Advisor. The Contractor shall also maintain IPM Training and Certification such as “Bay-Friendly” or equivalent. The names and Certificate/License numbers shall be supplied to the City at the start of the contract.

The Contractor shall also maintain a California Licensed Pest Control Advisor or Qualified Applicator License with a Maintenance Gardener Business License. The use of any chemical by the Contractor shall be based on the recommendation of a State Licensed Pest Control Advisor. The names and permit numbers will be supplied to the City at the beginning of Contract, and any changes to this information shall be forwarded within twenty-four (24) hours of said change.

Contractor must adhere to City of Foster City’s Integrated Pest Management (IPM) policy or program (see Attachments C and D hereto). Careful precaution must be exercised to avoid any runoff into storm-drains or water-ways at all times. All chemical applications must be performed by properly trained or certified applicators only as required by Department of Pesticide Regulations (DPR) and City policy. Parks Manager or appointed designee shall be notified in writing a minimum of forty-eight (48) hours in advance of any chemical application. Notice shall include name and EPA # of chemical(s) to be applied, date and location(s). Posting shall be provided by contractor as required per label, DPR, or as requested by Parks Manager.

Safeguards: Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury. Contractor shall safeguard City's and others’ property from damage. Contractor shall take all precautions required by applicable regulations of the State Department of Industrial Relations. When working adjacent to electrically energized lines or equipment, Contractor and employees shall exercise extreme care to avoid injury to employees and the public.

PAYMENTS:

Compensation: Contractor will be paid monthly (1/12 of yearly amount) of the value of work satisfactorily completed and accepted by the City. Each monthly payment will be made within fifteen (15) days after approval by the Parks Department of Contractor's invoice, covering the work performed during the month.

Withholding Funds: Funds will be withheld for any work deemed by City as not meeting applicable specifications.

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SCOPE OF WORK
Street Median Landscape Maintenance Specifications
I. LANDSCAPE MAINTENANCE SPECIFICATIONS

1. SCOPE OF WORK
At all locations indicated in the List of Locations and Map of Locations, the Contractor shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein, including, but not limited to, the following:
a) Weed control and cultivation - both mechanically and chemically b) Fertilization
c) Shrub trimming, pruning and training
d) Removal of dead or dying plant material
e) Tree pruning and staking (Trees 15 feet tall and shorter) f) General pest control
g) General litter control, refuse removal, and grounds policing h) Irrigation system monitoring, maintenance and repair i) Hardscape cleaning/weeding

2. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the highest landscape maintenance standards, as stated herein. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

If in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment to the Contractor until services are rendered in accordance with specifications set forth within this document, provided no other arrangements have been made between the Contractor and the City. Failure to give notification of a change and/or failure to perform an item of work on the scheduled day(s) may result in a deduction of payment for that date or week. Payment will be retained for work not performed until such time as the work is performed to City standards.

The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been corrected, payment for the deficiency shall be withheld during the current billing period, and shall continue to be withheld until the deficiency is corrected, without the right to retroactive payments.

3. SUPERVISION OF CONTRACT
All work shall meet with the approval of the Foster City Parks Manager or his designee. There shall be periodic meetings with the Contractor and City’s representative to determine progress of the work and to establish items that may require attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the

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Contractor will be withheld until the condition is corrected in a satisfactory manner as set forth in these specifications.

The City’s representative and the Contractor’s representative will meet twice a month. The purpose of these meetings will be to discuss project progress and problems; tour sites and determine the Contractor’s conformity with these specifications and the adequacy of the work being performed.

The City may, at its sole discretion, reduce or increase the frequency of meetings.

4. SPECIFICATIONS
These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

5. TRAFFIC AND ACCESS
The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the California Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual are hereby incorporated herein.

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

6. DISPOSAL
The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation (including periodic debris build-up and weed abatement along median curbs, median landscape areas, easements, and "hardscape" areas/including bridge overpasses) as work progresses. Also, the Contractor shall pay all disposal fees. The City shall not be responsible for any disposal by Contractor.

7. RECORDS
Contractor shall keep accurate records concerning all of its employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, telephone numbers of Employees to be called in case of emergency.

8. SPECIALTY OPERATIONS

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Written notification of all “specialty type” maintenance operations shall be given to the City forty- eight (48) hours prior to each of these operations by Contractor. “Specialty type” maintenance operations include but are not limited to fertilization, pre-emergent weed control, all pesticide applications, and any plant replacements.

9. WORKMANSHIP AND SUPERVISION
The Contractor shall provide a work force sufficient to complete the work as specified and as represented in the submitted bid.

The Contractor will be expected to have work crews performing routine/necessary work on site at least four days per week on weekdays. (Weather permitting) If needed, weekend work may be permitted. Weekend work requires prior approval by the City’s Parks Manager or City's representative.

Work shall be performed by competent and experienced workers. Irrigation maintenance and repairs shall be performed by workers skilled specifically in the operation of modern automatic irrigation systems.

The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively both in written and oral English, and shall be present at all times during Contract operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor.

All pesticide operations, where required, shall be performed by a California Licensed Pest Control Applicator through written communication by a California Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all Federal, State and local laws and regulations regarding pesticide use and storm water protection.

Contractor shall provide copies to the City of her/his license and registration of both of her/his Pest Control Advisors and Pest Control Operators licenses. Contractor shall submit a copy of the “Pesticide Use Report” to the City on a monthly basis.

Persons employed by the Contractor who are found unsatisfactory by the City shall be removed from the work by the Contractor upon fifteen (15) days written notice from the City.

10. REPAIRING DAMAGED WORK
The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the repair or replacement of any such equipment or property. Watering, pesticide spraying, and other maintenance shall not be performed at times when it might damage parked cars or at times when activities in the contract area might be inconvenienced or disrupted.

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Repairs to the irrigation system resulting from damage not caused by Contractor (e.g., vandalism) shall be reported promptly to the Parks Manager together with an estimate of costs for correction of the condition. The Parks Manager may authorize repair by the Contractor under separate agreement.

The Contractor shall be responsible for the replacement of all plant materials, including trees, shrubs, ground cover and similar materials. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor if due to the Contractor’s negligence or intentional acts.

Replacement of plant materials damaged or destroyed by City employees, or as a result of construction or vandalism, shall be reported promptly to the Parks Manager together with an estimate of costs for replacement. The Parks Manager may authorize replacement by the Contractor under separate agreement.

11. SAFETY REQUIREMENT
All work shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Parks Manager reserves the right to order work stopped when unsafe or harmful acts are observed or reported relative to the performance of the work.

The Contractor shall maintain all work sites free of hazards to persons and/or property. Any hazardous condition noted by the Contractor, which is not the result of its operations, shall be immediately reported to the Parks Manager.

12. SCHEDULES
Annual Schedule:

Within five (5) days of the execution of the Agreement and within five (5) of the commencement of any extension of the term, the Contractor shall provide an Annual Maintenance Schedule indicating the time frames when items of work shall be accomplished per the performance requirements.

The Contractor shall provide a complete weekly work schedule that shall detail work to be performed.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

City-sponsored special events, recreation classes, etc. may necessitate changes or variations in scheduling. The Contractor shall adapt all schedules to the City’s requests.

Irrigation Controller Schedules:

The Contractor shall provide irrigation schedules for each irrigation controller, indicating locations, stations, and minutes per each station. These schedules should be updated monthly.

II. TECHNICAL MAINTENANCE SPECIFICATIONS

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GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS
All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated. The City retains the right to determine scheduled days for work at each site, in consultation with the Contractor. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities. Each site must be inspected a minimum of once per week.

All work will be performed so as to provide maximum safety for the public and minimize disruption to the public.

Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off-site.

Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations.

Contractor shall keep all work sites clear of weeds, litter and debris at all times.

Plant materials on or adjacent to street medians, easements or roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

City shall be notified immediately of any unusual or hazardous conditions at a work site, including but not limited to broken street lights, fallen tree branches, or any item that creates a potential hazard.

Contractor shall control all insects, diseases, rodents, snails, ants, slugs and other like pests in conformance with the City’s IPM policy and without the use of any Pyrethroids. The Parks Manager or City's representative should be made aware of any control measures prior to use, showing evidence of written recommendations from the Contractor’s Pest Control Advisor.

Rodent control is a part of this Contract. All rodent activity should be controlled as soon as possible. Rodents include gophers, ground squirrels, moles, voles and rats. Rodent control must be carried out in a manner as to prevent any possible danger to non-targeted animals.

Hardscape maintenance shall include maintaining all concrete, brick paver, and asphalt surfaces free of debris, dirt and weeds. These are typically the concrete areas located within the median islands (inclusive of median "fingers" and adjacent concrete traffic dividers) and bridge overpasses.

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SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Irrigation System Maintenance

1. Contractor shall maintain all irrigation systems in a professional, operable condition at all times. This includes but is not limited to controllers, back-flow devices, moisture sensors, manual and remote control valves, wiring, pipes, vaults, sprinkler heads, drip irrigation equipment, and quick couplers. All work of this kind shall be performed by the Contractor at no additional cost to the City. Any irrigation equipment located in an area that is not readily accessible, such as under paved surfaces, streets, or sidewalks, is not required to be maintained by the Contractor. Contractor should consult with the City’s Representative if it is not clear whether Contractor is required to maintain an irrigation system or any portion thereof.

Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.

Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application.

Contractor shall maintain all irrigation canisters, heads and risers in proper working condition. Irrigation heads will be flush and level with the top of the canister when not activated.

Contractor shall adhere to all State and local laws and regulations.

Water penalty charges assessed due to water overuse behavior (i.e. water management) are the responsibility of the Contractor and shall be paid by the Contractor. With 100% evapotranspiration rate (ET) water budgeting allocation, it is assumed that the site landscape can maintain health and meet water use goals.

Penalties are assessed monthly with no cumulative allowance.

To avoid under irrigating, usage is expected to be at a minimum 80% of budget.

The Contractor shall turn off irrigation system controllers during periods of rain and scheduled City events. Water runoff onto roadways or sidewalks shall be limited to minimal amounts and any excessive watering will not be permitted. Contractor shall immediately report to the Parks Manager any instance of excessive watering.

All sprinkler part replacements are to be made with original material or material of higher quality; the Parks Manager must approve all substitutes.

Repair or replacement of equipment damaged as a result of Contractor’s negligence or intentional acts shall be replaced at the Contractor’s expense.

Necessary irrigation repairs shall be made prior to the next irrigation cycle.

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Irrigation programming charts will be updated each month by the Contractor.

All irrigation must be completed by 6:00 a.m. each day.

2. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made at least once per month; however, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur. The City will provide backflow testing at no cost to the Contractor.

3. Repairs - A comprehensive testing and check of all irrigation systems shall be made by the Contractor with a City representative present approximately thirty (30) days prior to the end of the Contract term and each extension of the term and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract term. If the Contractor does not make repairs to the satisfaction of the City, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the Parks Manager.

NOTE:

Due to the high visibility and scrutiny of irrigation of City property (the Parks Department is the City’s largest water user) Contractor must maintain all active irrigation in working order, operating without any breaks or leaks, and program clocks in close coordination with Parks Manager. If in the judgment of the City, the Contractor is performing irresponsibly or inadequately with irrigation, the contractor will be responsible for any penalty fees assessed against the City’s Parks Department in accordance with monthly Water Use Reports and payment to the Contractor will be withheld accordingly.

Contractor is to adhere to all current Water Conservation Measures and adapt as measures change.

Ground Cover Maintenance
All ground cover areas shall be maintained in a trimmed and weed-free condition.

A.Weeds - Contractor must adhere to City of Foster City’s IPM Protocols that “requires that the City departments and City contractors who apply pesticides to City property, eliminate or reduce pesticide applications to the maximum extent feasible”. This includes the following:
1) Weeds on bare ground or hard-scape shall be mowed or line-trimmed. Any visible weeds must be kept at 1” or less above ground.
2) Noxious weeds, such as Mallow, Fennel, “Wild Garlic”, and “Thistle” shall first be pulled or mechanically removed, then controlled with chemical applications as necessary (category III “Caution” only).
•Careful precaution must be exercised to avoid any runoff into storm-drains at all times.
•All chemical applications must be performed by properly trained/ certified applicators only, as required by DPR and City IPM policy.

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•Parks Manager or appointed designee shall be notified in writing a minimum forty-eight (48) hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date(s) and location(s).
•Posting shall be provided by Contractor as required per label, DPR, or as requested by Parks Manager.

All ground cover areas shall be maintained in a trimmed and weed-free condition.

A. Weeds - Weeds shall be removed upon appearance. Weed removal will be done on a weekly basis. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds to inhibit weed growth. Weeds not killed with herbicides shall be removed manually.

Contractor at its expense shall replace plants killed by weeds and chemicals, etc.

Weeds shall be controlled and not allowed to become an “eyesore" or reach an objectionable height, as determined by the City.

B. Ground Cover - Ground cover areas shall be fertilized once per year in April with 15- 15-15 commercial fertilizer or equal, at a rate of 6 pounds per 1,000 square feet. In addition, the contractor shall follow fertilizer recommendations made in the soils report. Fertilizer shall be a complete fertilizer furnishing the required percentage of nitrogen, phosphoric acid and potash to keep groundcover, trees, shrubs and other plants in a healthy and vigorous growing condition. Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as specified by the Inspector at the Contractor’s expense.
1) Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways or other adjacent areas. 2) Irrigate as required to maintain adequate growth and reasonable appearance. 3) Control pests, insects, and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs. 4) Bare ground cover (furrow) areas shall be kept cultivated and raked of all debris and free of weeds.

C. Shrubs - Shrub, Vine, Flower and Tree Maintenance
1) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character. 2) Trim shrubs quarterly to maintain the size and shape specified by the City's representative or Parks Manager. Pruning shall result in the shrub maintaining a “natural” appearance.

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3) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.
4) Application of an iron chelate fertilizer, or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. 5) Irrigate as required to maintain adequate growth and appearance. 6) All bare shrub bed areas shall be weeded and raked weekly to remove all litter and other debris.
7) Growth of woody plants shall be encouraged except where it interferes with maintenance activities, pedestrian circulation or roadways. Dead branches of plants shall be removed regularly.
8) Plant material adjacent to curbs, sidewalks and roadways shall be trimmed regularly to provide for proper, unobstructed circulation.
9) Any paper, weeds, cans or other litter found in groundcover/ shrub beds shall be removed and properly disposed of on a weekly basis.

Tree Maintenance
Trees shall be trimmed as necessary to allow for pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar structures. Trees shall be trimmed in accordance with the City of Foster City's Tree Maintenance Manual and recognized International Society of Arboriculture (ISA) pruning standards. Contractor must maintain all trees fifteen (15) feet in height or smaller.
1) Remove all suckers from base of trees as they develop throughout the year. Remove all dead, broken or damaged branches in all trees.
2) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.
3) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage. 4) Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather.
5) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify City's representative or Parks Manager if any of the above conditions exist.
6) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the City's representative or Parks Manager.

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7) Water as required to maintain proper and vigorous growth according to variety. 8) Tree wells shall be kept as bare soil unless groundcover is present. Weeds around trees shall be removed before they reach three (3) inches in height. 9) Chemically control plant growth around trees for a one (1) foot distance from the base of the tree. Damage to the tree trunk by string trimmers (weed whips/line trimmers) must be avoided.
10) Complete pruning, heading back, lacing out or removal will be done by other tree-trimming contractors hired by the City.

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LIST OF ATTACHMENTS
A. List of Locations (Square Footage)
B. Map of Locations
C. San Mateo Countywide Water Pollution Prevention Program Model Integrated Pest Management (IPM) Policy.

D. City of Foster City Standard Operating Procedures for Pesticide Use and Implementation of Municipality’s Integrated Pest Management Policy.

E. Water Conservation Measures
F. PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR LANDSCAPING FOR MEDIAN AND EASEMENT MAINTENANCE 2025

END OF DOCUMENT

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Attachment A
# on
Map Location/Description Square Footage
Misc
Notes
1 Altair Median ("Triangle") 2,020
2 AM/PM "Wall" 2,615
3 Balclutha Drive 2,500
4 Beach Park "Wall" (Halsey/South Side) 6,000
5 Beach Park "Wal" (North Side) 1,350
6 Beach Park (Foster City Blvd to Edgewater) 48,220
7 Beach Park Blvd. (Ice Plant) -Quartely or upon request 6,500 Linear Feet 8 Bicentennial Bridge (Boxes and Clean up/either side) 1,800 9 Boat Park Bridge (Landscaped area across from) 17,200 10 Boat Park Bridge Sides (includes fence-line) 16,100
11 Bounty Drive (Under tower) 5,692
12 CalTrans Island 3,685
13 Catamaran Bridge Sides (includes easements) 3,696
14 Chess Drive 3,249
15 Dock Area (Port Royal) 13,200
16 East Third Ave 1,037
17 Edgewater (Beach Park Blvd. Pitcairn) 29,220
18 Edgewater (Pitcairn to Baffin) 20,660
19 Edgewater (Hillsdale North to City Limit) 12,820
20 Edgewater Blvd (Hillsdale to Beach Park) 8,100
21 Edgewater Wall (Port Royal to Monterey 30,260
22 Foster City (Balclutha to Polynesia) 2,418 Linear Feet 23 Foster City (Bounty to Bridge) 8,350
24 Foster City (Bridge to Marlin) 3,740
25 Foster City (Fwy to Hillsdale) 12,670
26 Foster City (Hillsdale to Balclutha) 2,280
27 Foster City (Marlin to Beach Park Blvd) 9,617
28 Foster City (Polynesia to Bounty) 9,225
29 Foster City Blvd Bridge (opposite Marlin Cove/Both Sides) 8,960 30 Hillsdale "Wall" 8,600
31 Hillsdale Bridge Sides/Easement Twin to Rainbow 6,400 32 Hilldale (Alrair to Twin Bridges) 6,498
33 Hillsdale (Bridge to Pilgrim) 20,165
34 Hillsdale East of Rainbow Bridge 3,230
35 Hillsdale (Edgeater to Alrair) 1,380
36 Hillsdale (Foster City Blvd to Shell Blvd) 8,375
37 Hillsdale (Pilgrim to Foster City Blvd) 3,340

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38 Hillsdale (Shell to Edgewater) 6,840
39 Marsh Drive 600
40 Metro Center Blvd 600
41 Pollux Court 22,176
42 Polynesia Drive 2,135
43 Port Royal Pedway (outboard/inboard to wood header and connecting pathways (4) 2,500
44 San Miguiel Ln Beach Rip Rap 4,766 Linear Feet
45 Shell Blvd (Bounty to Beach Park Blvd) 420
46 Shell Blvd (Bounty to Hillsdale) 18,500
47 Shell Blvd (Hillsdale to Metro Center Blvd) 10,470
48 Taurus Drive 10,560
49 Vintage Drive 18,000
50 Pedway Access Points 18,117
466,856

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Attachment B

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Attachment C
San Mateo Countywide Water Pollution Prevention Program Model Integrated Pest Management (IPM) Policy
GOAL
The City of Foster City seeks to protect the health and safety of its employees and the general public, the environment and water quality, as well as to provide sustainable solutions for pest control through the reduced use of pesticides on property including buildings owned or managed by the City by applying Integrated Pesticide Management principles and techniques. The municipal regional stormwater permit requires that the City of Foster City minimize reliance on pesticides that threaten water quality.

REQUIRED USE OF INTEGRATED PEST MANAGEMENT
Employees implementing pest management controls will use Integrated Pest Management (IPM) techniques that emphasize non-pesticide alternatives. Pesticides will only be used after careful consideration of non-chemical alternatives and then the least toxic chemicals that are effective shall be used. Pest control contractors hired by the City of Foster City are required to implement IPM to control pests. This will be achieved by hiring only IPM-certified pest control contractors or by including contract specifications requiring contractors to implement IPM methods.

The City of Foster City will establish written standard operating procedures for pesticide use to ensure implementation of this IPM policy and to require municipal employees and pest control contractors to comply with the standard operating procedures.

The City will track employee and contractor pesticide use and prepare an annual report summarizing pesticide use and evaluating pest control activities performed consistent with the municipal regional stormwater permit’s requirements.

The City will review its purchasing procedures, contracts or service agreements with pest control contractors and employee training practices to determine what changes, if any, need to be made to support the implementation of this IPM Policy.

The City will perform educational outreach and/or support Countywide or regional efforts to educate residential and commercial pesticide users on a) goals and techniques of IPM, and b) pesticide related water quality issues consistent with the municipal regional stormwater permit’s requirements.

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The IPM-based hierarchical decision-making process that will be used to control pests will include the following:

1. Based on field observations evaluate locations and sites where pest problems commonly occur to determine pest population, size, occurrence, and natural enemy population, if present. Identify conditions that contribute to the development of pest populations, and decisions and practices that could be employed to manage pest populations;

2. Design, construct, and maintain landscapes and buildings to reduce and eliminate pest habitats;

3. Modify management practices including watering, mulching, waste management, and food storage to discourage the development of pest population;

4. Modify pest ecosystems to reduce food, water sources, and harborage;

5. Prioritize the use of physical controls such as mowing weeds, using traps, and installing barriers;

6. Use biological controls to introduce or enhance a pests’ natural enemies;

7. When pest populations reach treatment thresholds (based on how much biological, aesthetic, economic or other damage is tolerable) non-pesticide management activities will be evaluated before considering the use of pesticides;

8. When pesticides are necessary, select reduced risk pesticides and use the minimum amounts needed to be effective;

9. Apply pesticides at the most effective treatment time, based on pest biology, monitoring, and other variables, such as weather, seasonal changes in wildlife use, and local conditions; and

10.Whenever possible, use pesticide application methods, such as containerized baits, that minimize opportunities for mobilization of the pesticide in stormwater runoff.

Departments performing pest management activities will identify an IPM coordinator who is responsible for assisting staff with implementation of this IPM policy.

BACKGROUND
Pesticides are defined as: any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. Pests can be insects, rodents and other animals, unwanted plants (weeds), bacteria or fungi. The term pesticide applies to herbicides, fungicides, insecticides, rodenticides, molluscicides and other substances used to control pests.

Integrated Pest Management (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a

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manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

IPM techniques could include biological controls (e.g., ladybugs and other natural enemies or predators); physical or mechanical controls (e.g., hand labor or mowing, caulking entry points to buildings); cultural controls (e.g., mulching, alternative plant type selection, and enhanced cleaning and containment of food sources in buildings); and reduced risk chemical controls (e.g., soaps or oils).

City owned or managed property/facility includes but is not limited to parks and open space, golf courses, roadsides, landscaped medians, flood control channels and other outdoor areas, as well as municipal buildings and structures.

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Attachment D
City of Foster City
Standard Operating Procedures for Pesticide Use and Implementation of Municipality’s Integrated Pest Management Policy
Purpose: To minimize the use and reliance on pesticides that threaten water quality by implementing the city’s policy [or ordinance] for integrated pest management (IPM) by all municipal employees and contractors hired to manage pests on municipal property.

Responsible Parties: All city personnel that as part of their municipal job duties are authorized to plan, manage, and control pests including pesticide applications and all city personnel that administer municipal contracts for applying pesticide on municipal property.

Contracts & Contractors: Contracts shall include a requirement that the contractor shall adhere to the city’s IPM policy. This will be accomplished by using the following procedures:

1. Include a copy or link to the municipality’s IPM policy in the contractor solicitation documents, e.g., Request for Proposal or Request for Quote, and make it clear that the pest control services being solicited must comply with the IPM policy.

2. Include a copy of the municipality’s IPM policy in the contract’s specifications.

3. Meet with the contractor to review the City’s IPM policy.

Municipal Employees: Municipal employees who are authorized to manage pests are required to implement the city’s IPM policy. This will be accomplished by using the following procedures:

1. Use cultural practices and pest prevention measures to minimize the occurrence of pest problems.

2. Set a threshold of tolerance for pests.

3. Use biological and physical controls that are environmentally appropriate and economically feasible to control pests.

4. Use chemical control as a last resort, and then the least toxic product will be used. Where feasible for structural pest control, insecticides will be applied as containerized baits.

5. Avoid the use of pesticides that threaten water quality 1 especially in formulations and situations that pose a risk of contaminating stormwater runoff.

6. Train employees on IPM techniques, pesticides-related stormwater pollution prevention methods, the municipality’s IPM policy, and these standard operating procedures.

7. As part of the municipality’s annual report for the municipal regional stormwater permit, report on the IPM policy’s implementation by showing trends in the quantities and types 1 The municipal regional stormwater permit identifies the following pesticides as having a concern to water quality: “organophosphorous pesticides (chlorpyrifos, diazinon, and malathion); pyrethroids (bifenthrin , cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyfluthrin, beta- cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, permethrin, and tralomethrin); carbamates (e.g., carbaryl); and fipronil.” (Provision C.9)

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of pesticides used and suggest reasons for any increases in uses of pesticides that threaten water quality1 (as required by municipal regional stormwater permit Provision C.9.b.).

Attachment E
Water Conservation:

City of Foster City Taking Steps Toward The Solution
Foster City, CA; August 11, 2020, –
The City of Foster City has always been an advocate for water conservation even before the state’s emergency declaration in 2014. For several years now the city has been implementing water conservation measures in its parks and continues to implement measures that will help reach and exceed conservation goals. Some of the measures that have been implemented by the Parks and Recreation Department are large scale renovations while some are basic. Here are a few of the significant measures.

Synthetic Lawn Conversion
The big water saver for Foster City is their conversion of sports fields from natural to synthetic turf. Foster City has now converted four full-size soccer fields and three combo soccer/baseball fields to synthetic turf. Estimated water savings annually is 7,000,000 gallons of water.

Landscape Water Use Reports and Diligence in Irrigation Checks In 2010 the City of Foster City implemented landscape water use reports by a consulting firm. A monthly report showing the actual water usage each month is created for parks staff to review make regular adjustments of the irrigation system that are more precise for maximum conservation while optimizing plant and lawn growth. Diligence in checking irrigation is another way to maximize water conservation.

Along with the contractors that maintain our medians and easements, Parks staff does regular checks on irrigation systems to insure proper function. As a result of the findings from these checks and the City is currently in the process of making irrigation changes in the medians to eliminate overspray onto the street.

The Parks and Recreation Department also enlists assistance from the Foster City Police Department to help in the effort. Officers on patrol identify issues that may occur after hours so parks staff can address ASAP. The citizens of Foster City are also part of this effort when they call the Parks Department about

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broken or malfunctioning irrigation. These calls are invaluable in making necessary repairs in a timely manner.

CIS – Central Irrigation System
The Central Irrigation System (CIS) is a state-of-the-art radio controlled system that manages the irrigation usage to each park. Almost all Foster City parks, and a portion of the medians have been converted to this system. The CIS provides significant help for park maintenance staff with the various features it holds, such as remote capabilities at the site as well as being able to manage all controllers from the central computer in the main office. This maximizes the water usage and enables lawns to stay green when manual watering or residential controller system would not see the same results.

Mulching
Mulching is also a significant component in our efforts to conserve water. Mulching is the use of wood fiber chips to cover ground areas in place of plants or lawn. A prime reason for mulching is that it adds non-landscaped surfacing that does not need irrigation. This is done between shrubs, along selected easements and in tree wells. Mulching also allows for trees and shrubs to get the water intended without having to share it with the surrounding lawn or ground cover.

Californians should be doing their part in the water conservation effort and the City of Foster City is making every effort to stay ahead of the curve. To find out more about water conservation or to report water issues in city owned parks or medians please contact Parks Manager Peter Chiamos at (650) 286-3549 or Frank Fanara at (650) 286-3553.

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Attachment F

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

DELIVERABLES FOR
PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR

LANDSCAPING
FOR
MEDIAN AND EASEMENT MAINTENANCE 2025

This Agreement is made and entered into as of the _____ day of ____________, 2024 by and between the City of Foster City hereinafter called "CITY" and ____________________ 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 January 1, 2025 and expire on December 31, 2027, unless the term is otherwise extended, at the City’s sole discretion. (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 CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) 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 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 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.

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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 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.

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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 identified 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. Prevailing Wage. CONSULTANT shall pay prevailing wages to its employees on any contract in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.

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

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

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

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

13. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

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

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

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

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

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

CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone Number, Project Manager and Email Address for CONSULTANT)

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

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

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

20. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of

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San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

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

23. Liability of CITY.

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

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

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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.

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

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

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

Any Force Majeure event with a duration in excess of not less than 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

[Signatures on Next Page]

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

CITY OF FOSTER CITY

Dated: _________________________________ Patrick Sullivan Mayor
(for contracts $50,000 or more)

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated: ________________________________ Benjamin Stock, City Attorney

CONSULTANT

Dated: ________________________________ Type Name & Title of CONSULTANT
Authorized to Sign

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EXHIBIT A

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

DELIVERABLES FOR
MEDIAN AND EASEMENT MAINTENANCE 2025
***Scope of Work and Specifications included in the Call for Bids will be incorporated herein***
Scope of Deliverables:

Scope of Services: Street Median Landscape Maintenance Specifications

I. LANDSCAPE MAINTENANCE SPECIFICATIONS

1. SCOPE OF WORK

At all locations indicated in the List of Locations and Map of Locations attached hereto and hereinafter incorporated by reference as Attachment 1, the Contractor shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein, including, but not limited to, the following:
a) Weed control and cultivation - both mechanically and chemically b) Fertilization
c) Shrub trimming, pruning and training
d) Tree pruning and staking (Trees 15 feet tall and shorter) e) General pest control
f) General litter control, refuse removal, and grounds policing g) Irrigation system monitoring, maintenance and repair h) Hardscape cleaning/weeding

2. LEVEL OF MAINTENANCE

All work shall be performed in accordance with the highest landscape maintenance standards, as stated herein. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

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The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been corrected, payment for the deficiency shall be withheld during the current billing period and shall continue to be withheld until the deficiency is corrected, without the right to retroactive payments.

3. SUPERVISION OF CONTRACT

All work shall meet with the approval of the Foster City Parks Manager or his designee. There shall be periodic meetings with the Contractor and City’s representative to determine progress of the work and to establish items that may require attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the Contractor will be withheld until the condition is corrected in a satisfactory manner as set forth in these specifications.

The City may, at its sole discretion, reduce or increase the frequency of meetings.

4. SPECIFICATIONS

These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

5. TRAFFIC AND ACCESS

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

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6. DISPOSAL

The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation (including periodic debris build-up and weed abatement along median curbs, median landscape areas, easements, and "hardscape" areas/including bridge overpasses) as work progresses. Also, the Contractor shall pay all disposal fees. The City shall not be responsible for any disposal by Contractor.

7. RECORDS

Contractor shall keep accurate records concerning all of its employees or agents and within fifteen (15) days of the effective date of this Agreement, provide the City with names, addresses, telephone numbers of Employees to be called in case of emergency.

8. SPECIALTY OPERATIONS

Written notification of all “specialty type” maintenance operations shall be given to the City forty- eight (48) hours prior to each of these operations by Contractor. “Specialty type” maintenance operations include but are not limited to fertilization, pre-emergent weed control, all pesticide applications, and any plant replacements.

9. WORKMANSHIP AND SUPERVISION

The Contractor shall provide a work force sufficient to complete the work as specified and as represented in the submitted bid.

The Contractor will be expected to have work crews performing routine/necessary work on site at least four days per week on weekdays. (Weather permitting)

If needed, weekend work may be permitted. Weekend work requiresprior approval by the City’s Parks Manager or City's representative.

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Persons employed by the Contractor who are found unsatisfactory by the City shall be removed from the work under this Agreeement by the Contractor upon fifteen (15) days written notice from the City.

10. REPAIRING DAMAGED WORK

The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the repair or replacement of any such equipment or property. Watering, pesticide spraying, and other maintenance shall not be performed at times when it might damage parked cars or at times when activities in the contract area might be inconvenienced or disrupted.

Repairs to the irrigation system resulting from damage not caused by Contractor (e.g., vandalism) shall be reported promptly to the Parks Manager together with an estimate of costs for correction of the condition. The Parks Manager may authorize repair by the Contractor under separate agreement.

11. SAFETY REQUIREMENT

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

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12. SCHEDULES

Annual Schedule:

Within five (5) days of the execution of the Agreement and within five (5) of the commencement of any extention of the term, the Contractor shall provide an Annual Maintenance Schedule indicating the time frames when items of work shall be accomplished per the performance requirements.

The Contractor shall provide a complete weekly work schedule that shall detail work to be performed.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

City-sponsored special events, recreation classes, etc. may necessitate changes or variations in scheduling. The Contractor shall adapt all schedules to the City’s requests.

Irrigation Controller Schedules:

The Contractor shall provide irrigation schedules for each irrigation controller, indicating locations, stations, and minutes per each station. These schedules should be updated monthly.

II. TECHNICAL MAINTENANCE SPECIFICATIONS

GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS

All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated. The City retains the right to determine scheduled days for work at each site, in consultation with the Contractor. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the facilities. Each site must be inspected a minimum of once per week.

All work will be performed so as to provide maximum safety for the public and minimize disruption to the public.

Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off-site.

Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations.

Contractor shall keep all work sites clear of weeds, litter and debris at all times.

Plant materials on or adjacent to street medians, easements or roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

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Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

Rodent control is a part of this Contract. All rodent activity should be controlled as soon as possible.

Rodents include gophers, ground squirrels, moles, voles and rats. Rodent control must be carried out in a manner as to prevent any possible danger to non-targeted animals.

SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS

Irrigation System Maintenance

Any irrigation equipment located in an area that is not readily accessible, such as under paved surfaces, streets, or sidewalks, is not required to be maintained by the Contractor. Contractor should consult with the City’s Representative if it is not clear whether Contractor is required to maintain an irrigation system or any portion thereof.

Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.

Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application.

Contractor shall maintain all irrigation canisters, heads and risers in proper working condition.

Irrigation heads will be flush and level with the top of the canister when not activated.

Contractor shall adhere to all State and local laws and regulations.

Water penalty charges assessed due to water overuse behavior (i.e. water management) are the responsibility of the Contractor and shall be paid by the Contractor. With 100% evapotranspiration

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rate (ET) water budgeting allocation, it is assumed that the site landscape can maintain health and meet water use goals.

Penalties are assessed monthly with no cumulative allowance.

To avoid under irrigating, usage is expected to be at a minimum 80% of budget.

All sprinkler part replacements are to be made with original material or material of higher quality; the Parks Manager must approve all substitutes.

Repair or replacement of equipment damaged as a result of Contractor’s negligence or intentional acts shall be replaced at the Contractor’s expense.

Necessary irrigation repairs shall be made prior to the next irrigation cycle.

Irrigation programming charts will be updated each month by the Contractor.

All irrigation must be completed by 6:00 a.m. each day.

2. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions.

Such inspection shall be made at least once per month; however, the Contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur. The City will provide backflow testing at no cost to the Contractor.

NOTE:

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Contractor is to adhere to all current Water Conservation Measures and adapt as measures change.

Ground Cover Maintenance

All ground cover areas shall be maintained in a trimmed and weed-free condition.

1) Weeds on bare ground or hard-scape shall be mowed or line-trimmed. Any visible weeds must be kept at 1” or less above ground.
2) Noxious weeds, such as Mallow, Fennel, “Wild Garlic”, and “Thistle” shall first be pulled or mechanically removed, then controlled with chemical applications as necessary (category III “Caution” only).
•Careful precaution must be exercised to avoid any runoff into storm- drains at all times.
•All chemical applications must be performed by properly trained/ certified applicators only, as required by DPR and City IPM policy. •Parks Manager or appointed designee shall be notified in writing a minimum forty-eight (48) hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date(s) and location(s).
•Posting shall be provided by Contractor as required per label, DPR, or as requested by Parks Manager.

All ground cover areas shall be maintained in a trimmed and weed-free condition.

Contractor at its expense shall replace plants killed by weeds and chemicals, etc. Weeds shall be controlled and not allowed to become an “eyesore" or reach an objectionable height, as determined by the City.

Applications shall be made at recommended rates. If the application of iron, zinc or other trace minerals is required to correct a specific soil deficiency, it shall also be applied as specified by the Inspector at the Contractor’s expense.

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1) Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, shrubs, roadways or other adjacent areas.

2) Irrigate as required to maintain adequate growth and reasonable appearance.

3) Control pests, insects, and diseases, as necessary to maintain a healthy environment for plant growth. This includes rodents, snails, and slugs.

4) Bare ground cover (furrow) areas shall be kept cultivated and raked of all debris and free of weeds.

C. Shrubs - Shrub, Vine, Flower and Tree Maintenance

1) Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant’s natural character.

2) Trim shrubs quarterly to maintain the size and shape specified by the City's representative or Parks Manager. Pruning shall result in the shrub maintaining a “natural” appearance.

3) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.

4) Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage.

5) Irrigate as required to maintain adequate growth and appearance.

6) All bare shrub bed areas shall be weeded and raked weekly to remove all litter and other debris.

7) Growth of woody plants shall be encouraged except where it interferes with maintenance activities, pedestrian circulation or roadways. Dead branches of plants shall be removed regularly.

8) Plant material adjacent to curbs, sidewalks and roadways shall be trimmed regularly to provide for proper, unobstructed circulation.

9) Any paper, weeds, cans or other litter found in groundcover/ shrub beds shall be removed and properly disposed of on a weekly basis.

Tree Maintenance

Trees shall be trimmed as necessary to allow for pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar structures. Trees shall be trimmed in accordance with the City of Foster City's Tree Maintenance Manual and recognized International Society of Arboriculture (ISA) pruning standards. Contractor must maintain all trees fifteen (15) feet in height or smaller.

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1) Remove all suckers from base of trees as they develop throughout the year. Remove all dead, broken or damaged branches in all trees.

2) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.

3) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage.

4) Contractor shall stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather.

5) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify City's representative or Parks Manager if any of the above conditions exist.

6) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the City's representative or Parks Manager.

7) Water as required to maintain proper and vigorous growth according to variety.

8) Tree wells shall be kept as bare soil unless groundcover is present. Weeds around trees shall be removed before they reach three (3) inches in height.

9) Chemically control plant growth around trees for a one (1) foot distance from the base of the tree. Damage to the tree trunk by string trimmers (weed whips/line trimmers) must be avoided.

10) Complete pruning, heading back, lacing out or removal will be done by other tree-trimming contractors hired by the City.

All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions
List of Locations
# on
Map Location/Description Square Footage
Misc
Notes
1 Altair Median ("Triangle") 2,020
2 AM/PM "Wall" 2,615
3 Balclutha Drive 2,500
4 Beach Park "Wall" (Halsey/South Side) 6,000
5 Beach Park "Wal" (North Side) 1,350
6 Beach Park (Foster City Blvd to Edgewater) 48,220
7 Beach Park Blvd. (Ice Plant) -Quartely or upon request 6,500 Linear Feet

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8 Bicentennial Bridge (Boxes and Clean up/either side) 1,800 9 Boat Park Bridge (Landscaped area across from) 17,200 10 Boat Park Bridge Sides (includes fence-line) 16,100
11 Bounty Drive (Under tower) 5,692
12 CalTrans Island 3,685
13 Catamaran Bridge Sides (includes easements) 3,696
14 Chess Drive 3,249
15 Dock Area (Port Royal) 13,200
16 East Third Ave 1,037
17 Edgewater (Beach Park Blvd. Pitcairn) 29,220
18 Edgewater (Pitcairn to Baffin) 20,660
19 Edgewater (Hillsdale North to City Limit) 12,820
20 Edgewater Blvd (Hillsdale to Beach Park) 8,100
21 Edgewater Wall (Port Royal to Monterey 30,260
22 Foster City (Balclutha to Polynesia) 2,418 Linear Feet 23 Foster City (Bounty to Bridge) 8,350
24 Foster City (Bridge to Marlin) 3,740
25 Foster City (Fwy to Hillsdale) 12,670
26 Foster City (Hillsdale to Balclutha) 2,280
27 Foster City (Marlin to Beach Park Blvd) 9,617
28 Foster City (Polynesia to Bounty) 9,225
29 Foster City Blvd Bridge (opposite Marlin Cove/Both Sides) 8,960 30 Hillsdale "Wall" 8,600
31 Hillsdale Bridge Sides/Easement Twin to Rainbow 6,400 32 Hilldale (Alrair to Twin Bridges) 6,498
33 Hillsdale (Bridge to Pilgrim) 20,165
34 Hillsdale East of Rainbow Bridge 3,230
35 Hillsdale (Edgeater to Alrair) 1,380
36 Hillsdale (Foster City Blvd to Shell Blvd) 8,375
37 Hillsdale (Pilgrim to Foster City Blvd) 3,340
38 Hillsdale (Shell to Edgewater) 6,840
39 Marsh Drive 600
40 Metro Center Blvd 600
41 Pollux Court 22,176
42 Polynesia Drive 2,135
43 Port Royal Pedway (outboard/inboard to wood header and connecting pathways (4) 2,500
44 San Miguiel Ln Beach Rip Rap 4,766 Linear Feet
45 Shell Blvd (Bounty to Beach Park Blvd) 420
46 Shell Blvd (Bounty to Hillsdale) 18,500

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47 Shell Blvd (Hillsdale to Metro Center Blvd) 10,470
48 Taurus Drive 10,560
49 Vintage Drive 18,000
50 Pedway Access Points 18,117
466,856

END 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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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 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.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 two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate. *Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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☒ 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 five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
☒ Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss.

The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor. ☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

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

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as 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.

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63 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

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64 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)
Insu
rer
Poli
cy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insu rer
Poli
cy
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.

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65 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 AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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66 EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

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

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the 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.

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

3. Compliance with COVID-19 Proclamations.

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

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

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

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a 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.

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68 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]
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

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CALL FOR BIDS
for

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE for the

CITY OF FOSTER CITY PARKS DEPARTMENT
The City of Foster City has issued a Call for Bids to provide maintenance for the city’s Cul-de-Sacs, Walkways, Island Bridges, and Easements.

The project scope, content of bid, and vendor selection process are summarized in this RFB below.

BIDS must be received no later than 2:00 pm, Thursday, November 14, 2024. All responses must be in a sealed envelope and have Willow Tree Pruning clearly marked on the outer most mailing envelope. Please submit two copies of bids as follows:

Mail or Hand Deliver To:

For general questions concerning the submittal process, contract Frank Fanara at 650.286.3553

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SPECIFICATIONS FOR SCOPE OF WORK
Services For:

LANDSCAPE AND “HARDSCAPE” MAINTENANCE FOR Cul-de-Sacs, Walkways, Island Bridges, and Easements:

Cul-De-Sacs:

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

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

Pilgrim Walkway Constitution Walkway
Ketch Park Walkways
Easements at Corporation Yard East 3rd Ave

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 3

CITY OF FOSTER CITY, CALIFORNIA

CONTENTS
The following documents are elements of the Cul-de-Sacs, Walkways, Island Bridges, and Easements Program:

Pages
Sealed Bids ........................................................................................................4 Instructions to Bidders ......................................................................................5-6 Bid Form ............................................................................................................7-8 Schedule of Bid Items ........................................................................................9 Contract Labor Summary...................................................................................10 Bidder's Statement............................................................................................11-14 Certificate of Nondiscrimination .......................................................................15 Statement of Qualifications...............................................................................16-17 Part I: General Provisions .........................................................................18 Part II: Special Provisions...........................................................................19-20 Landscape Maintenance Specifications .........................................21-26 Technical Maintenance Specifications...........................................27-31 Part III: List of Attachments ........................................................................32-42 Part IV: Sample City Contract…..……(Attached) ..........................................43-56 Submit to:

City of Foster City
Corporation Yard
100 Lincoln Centre Drive
Foster City, CA 94404
(650) 286-3549

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 4

NOTICE INVITING SEALED BIDS

1. Sealed or electronic bids will be received by the City of Foster City (the “City”), for Landscape Maintenance services and other work as described in the Specifications/Scope of Work Documents.

2. Specification documents and bid forms are available at the City of Foster City Corporation Yard Building, 100 Lincoln Centre Drive, Foster City, California. Any questions regarding bid or contract documents must be submitted by October 31, 2024, to Frank Fanara, Parks Manager, at (650) 286- 3553, or in writing at the above address. All received questions shall be answered in a single addendum to this Call for Bids, which shall be sent to all firms that have been invited to submit bids prior to the date that bids are to be submitted.

4. Qualified Bidders must have at least three (3) years of professional landscape maintenance services to municipalities. Bidders shall supply four (4) references with bid of prior clients within the last three (3) years and including at least one (1) current client.

6. The City reserves the right to reject any or all bids, to waive any informality in bids, and to accept or reject any items of the bid.

8. In accordance with state law and local regulations, the landscaping contract for this project will be subject to prevailing wage requirements. Contractors and subcontractors are required to pay the appropriate prevailing wage rates for all work performed on the project. These rates are determined by the California Department of Industrial Relations and are applicable to all laborers, mechanics, and workers involved.

Dated: September 30, 2024

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 5

INSTRUCTIONS TO BIDDERS

BID REQUIREMENTS AND CONDITIONS
Project Scope: Provide landscape and "hardscape" maintenance of street Cul-de-Sac islands and easement areas on the following sites:
•44 Cul-de-Sacs
•7 Island Bridges
•6 Walkways
•1 Corporation Yard Exterior (E. Third Ave)
and all other areas as outlined in List of Locations and Map of Locations, Attachments A and B to this Call for Bids.

Contents of Bid Forms: Prospective Bidders shall utilize and fully complete the attached bid form.

Examination of Specifications, Special Conditions and Site Work: The Bidder shall examine carefully the scope of work, requirements, and site(s) of the work. By submitting a bid, the Bidder represents that it has investigated and understands the conditions to be encountered as to the character, quality and quantities of work to be performed and materials to be furnished, and the requirements of these specifications.

The successful Bidder (The “Contractor”) shall accept the site as is and proceed with the work under the contract.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 6 Rejection of Bids and Disqualification of Bidders: Bids may be rejected if they show any alterations of the form, additions not called for, conditional bids, incomplete bids, erasure, or irregularities of any kind. Any statement of qualification in the bid form, or attached thereto or included therewith, serving to qualify bid, or containing conflicting statements, or otherwise rendering bid ambiguous or uncertain, will disqualify the bid. The City will not consider more than one bid from an individual, firm, partnership, corporation, or association under the same or different names. If the City has reasonable grounds for believing that any Bidder is interested in more than one bid for the work contemplated the City shall reject all bids in which the Bidder is interested. The City reserves the right to reject any and all bids.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 7

BID FORM

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE Areas to be maintained:
➢44 Cul-de-Sacs
➢7 Island Bridges
➢6 Walkways
➢Corporation Yard Exterior (E. Third Ave)
➢and all other areas as outlined in Attachments A and B included in the City’s Call for Bids.

CITY OF FOSTER CITY
FOR THE TOTAL YEARLY SUM OF $_______________ (use figures only) as computed from lump sum prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this bid is accepted he/she will contract with the City of Foster City, California, to furnish all labor, materials, tools, equipment, transportation, and all incidental work and services required to complete all items of maintenance work as indicated in the Specification Documents. The undersigned agrees that, if this bid is accepted, the bidder shall contract with the City by executing the “PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR LANDSCAPING FOR CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE” attached with the City’s Request for bids and perform all work described in the City’s Call for Bids.

All work shall conform to the Scope of Work shown and shall be done in accordance with the Specification Documents and all addenda thereto.

This bid form and its attachments, including: SCHEDULE OF BID ITEMS, CONTRACT LABOR SUMMARY, BIDDER'S STATEMENT, CERTIFICATE OF NONDISCRIMINATION, and STATEMENT OF QUALIFICATIONS, is submitted in conformance with the requirements of the Specification Documents and all addenda thereto as prepared by the City of Foster City. __________________________________________
Contractor’s Name Printed
________________________________________________ __________________________ Contractor’s Signature Phone Number _____________________________________________ __________________________ Name of Company Date

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 8

SCHEDULE OF BID ITEMS
(To be submitted with Bid Form)
Perform all work as described in Specification Documents and as indicated in Scope of Work.

Designate the number of full time employees that have been included in the bid for all contract areas.

Designate the number of personnel employed on the job for 40 hours per week or the number of hours proposed per week for each category below:

Contractor’s proposed “Staffing” number of personnel hours per week:

1. Supervisor _____________

2. Irrigation Specialist _____________

3. Landscape Laborers or Grounds Persons _____________

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 9

BIDDER'S STATEMENT
SHEET 1 OF 3
(To be submitted with Bid Form)

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE The undersigned has carefully read and understands all documents included in and all addenda to the City’s Call for Bids and understands that any variation or deviation from the requirements established by those documents shall be sufficient grounds for rejection of the bid.

Pursuant to Business and Professions Code Section 7028.15, I,_________________, declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this_____________day of______________, 2024, at_______________, California.

It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the Bidder.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 10

BIDDER'S STATEMENT
SHEET 2 OF 3
(To be submitted with Bid Form)

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in creating this bid.

The undersigned hereby certifies that this bid is genuine, and not sham or collusive, or made in the interest or on behalf of any person not named herein, and that the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm or corporation to refrain from bid, and that the undersigned has not in any manner sought by collusion to secure an advantage of any kind whatever.

The undersigned agrees that this bid may not be withdrawn for a period of thirty (30) days after the date set for the opening thereof.

THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 11

BIDDER'S STATEMENT
SHEET 3 OF 3
(To be submitted with Bid Form)

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE SIGNATURES OF BIDDER:

If INDIVIDUAL, sign below: ___________________________

Signature____________________________________
Print name___________________________________
Post Office Address _____________________________________________________________________ If CORPORATION, sign below (list names of non-signing officers):
___________________________________ a CORPORATION
Name of State Where Chartered ________________________
Signature _______________________ Date______________
Print name of person signing bid _______________________________ Title List names of the following officers:
___________________________________ PRESIDENT
___________________________________ SECRETARY
___________________________________ TREASURER
If PARTNERSHIP, sign below (list names of non-signing partners) ___________________________________________
Signature Date ____________________________________________
Name of Partner
Street Address _________________________________
Signature ___________________ Date ____________

Non-signing partners:___________________________________________________________________ Post Office Address (if different)

_____________________________________________

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 12

CERTIFICATE OF NONDISCRIMINATION
(To be submitted with Bid Form)

CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE On behalf of the Bidder making this bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.
______________________________________________________
BIDDER
By: __________________________________________________ ______________________________________________________
(Name of person making certificate)
______________________________________________________
(Title of person making certificate)
__________________
Date
Each Bidder shall sign the CERTIFICATE OF NONDISCRIMINATION, which is a part of the bid form.

STATEMENT OF QUALIFICATIONS
(To be submitted with Bid Form)
Provide the following information on this sheet: Prior experience, past projects and scope of work, capability, craftsmanship, and any other pertinent data. Use reverse side of sheet or attachment if necessary.
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 13

REFERENCES -- PAST PROJECTS
Reference #1:

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GENERAL PROVISIONS
(to be included as scope in awarded Agreement)

DESCRIPTION OF CONTRACT WORK AND INTENT
These Specifications establish standards for the maintenance of landscaped areas for the City.

The contract term for this work shall be for three (3) years beginning January 1, 2025 and ending December 31, 2027. The contract term may be extended by the City, in its sole discretion, in one-year (12 month) increments as follows:
1) Extension One: January 1, 2028 through December 31, 2028 2) Extension Two: January 1, 2029 through December 31, 2029 Renewal shall be at the sole discretion of City. The amount of the contract shall not increase by more than 2% per year. City shall notify Contractor of its intention to extend the contract at least 60 calendar days prior to the expiration date of the current term.

BUSINESS LICENSE GUIDELINES:

A business license shall be obtained as required by the City of Foster City Municipal Code.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 15

The words shown, indicated, noted, called for shall mean shown, indicated, noted, or called for in the Specification/Scope of Work Documents for the work referred to.

The word equal shall mean equal in the opinion of, or approved in writing by the Parks Manager as hereinafter provided.

STANDARD SPECIFICATIONS: Contractor shall complete work in accordance with the directions, provisions, specifications, and requirements contained in the Scope of Work.

PARKS MANAGER: The Parks Manager shall be the City representative throughout the project.

EXISTING UTILITIES: Contractor is hereby notified that underground utilities exist in within the work areas.

Contractor shall take all reasonable precautions to preserve and protect such utilities and existing improvements. The Contractor shall be responsible for the cost of repair to any damaged utilities or improvements.

GUARANTEE: The Contractor warrants and guarantees that any and all material and equipment used or furnished and all workmanship are of the type and quality specified herein.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 16 PERFORMANCE OF WORK:

Regulations: The work shall comply with all applicable local, Federal, and State laws and regulations.

Contractor must adhere to Foster City’s Integrated Pest Management (IPM) policy or program (see Attachments C and D hereto). Careful precaution must be exercised to avoid any runoff into storm-drains or waterways at all times. All chemical applications must be performed by properly trained or certified applicators only as required by Department of Pesticide Regulations (DPR) and City policy. Parks Manager or appointed designee shall be notified in writing a minimum of forty-eight (48) hours in advance of any chemical application. Notice shall include name and EPA # of chemical(s) to be applied, date and location(s). Posting shall be provided by contractor as required per label, DPR, or as requested by Parks Manager.

PAYMENTS:

Withholding Funds: Funds will be withheld for any work deemed by City as not meeting applicable specifications.

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SCOPE OF WORK
Cul-de-Sacs, Walkways, Island Bridges, and Easements Maintenance Specifications I. LANDSCAPE MAINTENANCE SPECIFICATIONS

1. SCOPE OF WORK
At all locations indicated in the List of Locations and Map of Locations, the Contractor shall furnish all labor, equipment, materials, tools and supervision to perform landscape maintenance as described herein including, but not limited to, the following:
a) Weed control and cultivation - both mechanically and chemically b) Fertilization
c) Shrub trimming, pruning and training
d) Removal of dead or dying plant material
e) Tree pruning and staking (Trees 15 feet tall and shorter) f) General pest control
g) General litter control, refuse removal, and grounds policing h) Irrigation system monitoring, maintenance and repair i) Hardscape cleaning/weeding

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 18 Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the Contractor will be withheld until the condition is corrected in a satisfactory manner as set forth in these specifications.

The City may, at its sole discretion, reduce or increase the frequency of meetings.

5. TRAFFIC AND ACCESS
The Contractor shall be responsible, during all phases of the work, to provide for public safety and convenience by use of traffic cones, signs, lighted barricades, lights, and flaggers as described and specified in the State of California, Department of Transportation MANUAL OF TRAFFIC CONTROLS - For Construction and Maintenance Work Zones, 2014 Edition. (Section 360, California Vehicle Code, defines highways to include streets.) The provisions of this manual are hereby incorporated herein.

8. SPECIALTY OPERATIONS

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 19 Written notification of all “specialty type” maintenance operations shall be given to the City forty- eight (48) hours prior to each of these operations by Contractor. “Specialty type” maintenance operations include but are not limited to fertilization, pre-emergent weed control, all pesticide applications, and any plant replacements.

9. WORKMANSHIP AND SUPERVISION
The Contractor shall provide a work force sufficient to complete the work as specified and as represented in the submitted bid.

Persons employed by the Contractor who are found unsatisfactory by the City shall be removed from the work by the Contractor upon fifteen (15) days written notice from the City.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 20 Repairs to the irrigation system resulting from damage not caused by Contractor (e.g., vandalism) shall be reported promptly to the Parks Manager together with an estimate of costs for correction of the condition. The Parks Manager may authorize repair by the Contractor under separate agreement.

12. SCHEDULES
Annual Schedule:

The Contractor shall provide a complete weekly work schedule that shall detail work to be performed.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

City-sponsored special events, recreation classes, etc. may necessitate changes or variations in scheduling. The Contractor shall adapt all schedules to the City’s requests.

Irrigation Controller Schedules:

The Contractor shall provide irrigation schedules for each irrigation controller, indicating locations, stations, and minutes per each station. These schedules should be updated monthly.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 21 II. TECHNICAL MAINTENANCE SPECIFICATIONS

All work will be performed so as to provide maximum safety for the public and minimize disruption to the public.

Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off-site.

Contractor will clean sidewalks, roadways, and any other areas littered or soiled by its maintenance operations.

Contractor shall keep all work sites clear of weeds, litter and debris at all times.

Plant materials on or adjacent to street medians, easements or roadway intersections shall be pruned to provide adequate sight distance for vehicles entering the intersection.

Plant materials shall be pruned so that all traffic control signs are clearly visible to approaching vehicles.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 22

SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS
Irrigation System Maintenance

Contractor shall not be responsible for the water meter assembly except if Contractor’s operations cause damage to these items.

Contractor shall repair and adjust all sprinkler heads to maintain proper and uniform water application.

Contractor shall maintain all irrigation canisters, heads and risers in proper working condition. Irrigation heads will be flush and level with the top of the canister when not activated.

Contractor shall adhere to all State and local laws and regulations.

Water penalty charges assessed due to water over use behavior (i.e. water management) are the responsibility of the Contractor and shall be paid by the Contractor. With 100% evapotranspiration rate (ET) water budgeting allocation, it is assumed that the site landscape can maintain health and meet water use goals.

Penalties are assessed monthly with no cumulative allowance.

To avoid under irrigating, usage is expected to be at a minimum 80% of budget.

All sprinkler part replacements are to be made with original material or material of higher quality; the Parks Manager must approve all substitutes.

Repair or replacement of equipment damaged as a result of Contractor’s negligence or intentional acts shall be replaced at the Contractor’s expense.

Necessary irrigation repairs shall be made prior to the next irrigation cycle.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 23 Irrigation programming charts will be updated each month by the Contractor.

All irrigation must be completed by 6:00 a.m. each day.

NOTE:

Due to the high visibility and scrutiny of irrigation of City property (the Parks Department is the City’s largest water user), Contractor must maintain all active irrigation in working order, operating without any breaks or leaks, and program clocks in close coordination with Parks Manager. If in the judgment of the City, the Contractor is performing irresponsibly or inadequately with irrigation, the contractor will be responsible for any penalty fees assessed against the City’s Parks Department in accordance with monthly Water Use Reports and payment to the Contractor will be withheld accordingly.

Contractor is to adhere to all current Water Conservation Measures and adapt as measures change.

Ground Cover Maintenance
All ground cover areas shall be maintained in a trimmed and weed-free condition.

A.Weeds - Contractor must adhere to City of Foster City’s IPM Protocols that “requires that the City departments and City contractors who apply pesticides to City property, eliminate or reduce pesticide applications to the maximum extent feasible”. This includes the following:
1) Weeds on bare ground or hard-scape shall be mowed or line-trimmed. Any visible weeds must be kept at 1” or less above ground.
2) Noxious weeds, such as Mallow, Fennel, “Wild Garlic”, and “Thistle” shall first be pulled or mechanically removed, then controlled with chemical applications as necessary (category III “Caution” only).
•Careful precaution must be exercised to avoid any runoff into storm- drains at all times.
•All chemical applications must be performed by properly trained/ certified applicators only, as required by DPR and City IPM policy.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 24 •Parks Manager or appointed designee shall be notified in writing a minimum forty-eight (48) hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date(s) and location(s).
•Posting shall be provided by Contractor as required per label, DPR, or as requested by Parks Manager.

All ground cover areas shall be maintained in a trimmed and weed-free condition.

Contractor at its expense shall replace plants killed by weeds and chemicals, etc.

Weeds shall be controlled and not allowed to become an “eyesore" or reach an objectionable height, as determined by the City.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 25 3) Remove all dead, diseased or damaged branches back to a side branch. Do not leave branch stubs.
4) Application of an iron chelate fertilizer or other micronutrients shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. 5) Irrigate as required to maintain adequate growth and appearance. 6) All bare shrub bed areas shall be weeded and raked weekly to remove all litter and other debris.
7) Growth of woody plants shall be encouraged except where it interferes with maintenance activities, pedestrian circulation or roadways. Dead branches of plants shall be removed regularly.
8) Plant material adjacent to curbs, sidewalks and roadways shall be trimmed regularly to provide for proper, unobstructed circulation.
9) Any paper, weeds, cans or other litter found in groundcover/ shrub beds shall be removed and properly disposed of on a weekly basis.

Tree Maintenance
Trees shall be trimmed as necessary to allow for pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar structures. Trees shall be trimmed in accordance with the City of Foster City's Tree Maintenance Manual and recognized International Society of Arboriculture (ISA) pruning standards. Contractor must maintain all trees fifteen (15) feet in height or smaller.
1) Remove all suckers from base of trees as they develop throughout the year. Remove all dead, broken or damaged branches in all trees.
2) Stake and support trees as necessary. Staking and guying shall be done in accordance with City standards.
3) All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage. 4) Contractor shall stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.
5) Each site shall be inspected for dead or dying trees; broken, cracked or hanging branches; or other hazards. Immediately notify City's representative or Parks Manager if any of the above conditions exist.
6) Except for emergency removal, no tree or shrub shall be removed without prior direction or approval of the City. Trees and shrubs badly damaged and in need of replacement shall be brought to the attention of the City's representative or Parks Manager.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 26 7) Water as required to maintain proper and vigorous growth according to variety. 8) Tree wells shall be kept as bare soil unless groundcover is present. Weeds around trees shall be removed before they reach three (3)-inches in height. 9) Chemically control plant growth around trees for a one (1) foot distance from the base of the tree. Damage to the tree trunk by string trimmers (weed whips/line trimmers) must be avoided.
10) Complete pruning, heading back, lacing out or removal will be done by other tree-trimming contractors hired by the City.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 27

LIST OF ATTACHMENTS
A. List of Locations
B. Map of Locations
C. San Mateo Countywide Water Pollution Prevention Program Model Integrated Pest Management (IPM) Policy.

D. City of Foster City Standard Operating Procedures for Pesticide Use and Implementation of Municipality’s Integrated Pest Management Policy.

E. Water Conservation Measures
F. PROFESSIONAL SERVICES AGREEMENT – MAINTENANCE, REPAIR, OR LANDSCAPING FOR CUL-DE-

SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE

END OF DOCUMENT

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 28 Attachment A

1. 44 cul-de-sacs:
12 Cul-de-sacs with Lawns, Shrubs, Groundcover and Trees:
•Sunfish 2 by
•Mullet 2 Sunfish Park
•Bluefish 2 by
•Shad 2 Shad Park
•Sandpiper 2 by
•Stilt 1 Kildeer Park
•Puffin 1 Puffin Ct.
16 Cul-de-sacs with Shrubs, Groundcover and Trees (no lawn):
•Kildeer 2 by
•Stilt 1 Kildeer Park
•Turnstone 2 by
•Avocet 2 Turnstone
•Loon 2 Park
•Curlew 2
•Puffin 1 Off Crane
•Pelican 2
•Duck 2

2. 16 Georgian Squares (+ Walkways) with Shrubs, Trees, Groundcover and Hard Scape:
•Trysail 2
•Foresail 2 (off Schooner)
•Mainsail 2
•Topsail 2 Entry to Ketch Park
•Staysail 2
•Spinnaker 1
•Trimaran 2 (off Spinnaker)
•Sloop 1
•Yawl 1 (Back side of Ketch Park)
•Ketch 1

3. 2 Courts – with Groundcover and Hard Scape:
•Challenge Court 1 by Pilgrim Walkway/ off Harvester Dr. •Eliza Court 1 by Constitution Walkway/ off Chrysopolis Dr.

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 29

4.7 Island bridges with Groundcover and Hard-scape:
•Surfbird Isle(Widgeon St.) (Gull Park)
•Shearwater Isle(Flying Fish) (Gull Park)
•Dolphin Isle(Surfperch St.) (across from Shad Ct.)
•Sailfish Isle(Bowfin) (Marlin Park/Cod St.)
•Shooting Star Isle(Comet Dr.) (Lurline/Constitution Dr.) •Flying Mist Isle(Polynesia Dr.) (Erckenbrack Park/Lurline) •Flying Cloud Isle(Balclutha Dr.) (Erckenbrack Park/Matsonia) Ice-plant: Trim ice-plant top and bottom as follows: 18” in from bottom edge (bulkhead) for walking. Edge at side- walk and trim 6” in from fence lines on sides. Edge along the steps.

Loose litter: Check and remove loose litter bi-weekly and always before major Holidays. On occasion remove litter more often as needed and/or requested by Manager.

Weed maintenance: Any visible weeds must be kept at 1” or less above ground. Contractor must adhere to City of Foster City’s IPM policy or program (see Attached IPM Policy). Careful precaution must be exercised to avoid any runoff into storm-drains or water-ways at all times. All chemical applications must be performed by properly trained or certified applicators only as required by Department of Pesticide Regulations (DPR) and City policy.

Manager or appointed designee shall be notified in writing minimum 48 hours in advance of any chemical application.

Notice shall include name and EPA # of chemical(s) to be applied, date and location(s). Posting shall be provided by contractor as required per label, DPR, or as requested by Manager.

Irrigation: None present except for quick-coupler in certain areas. *

5. Pilgrim and Constitution walkways:

Blow walkways minimum weekly. More often if needed during heavy leaf-drop/rain to keep the pathways safe and presentable for pedestrians.

Trim ice-plant, Podocarpus, overhanging branches, and other vegetation along pathways, side-walks, and fence-lines to keep the walkways safe and presentable for pedestrians.

Weed maintenance: Any visible weeds must be kept at 1” or less above ground. Contractor must adhere to City of Foster City’s IPM policy or program. Careful precaution must be exercised to avoid any runoff into storm-drains at all times. All chemical applications must be performed by properly trained/ certified applicators only as required by DPR and City policy. Manager or appointed designee shall be notified in writing minimum 48 hours in advance of any chemical application. Notice shall include name and EPA # of chemical(s) to be applied, date and location(s).

Posting shall be provided by contractor as required per label, DPR, or as requested by Manager.

Loose litter: Check for and remove loose litter weekly.

Irrigation maintenance and repairs as needed. Note: These areas are well established and rarely need any water.

Note: Parks staff will empty trash- and recycling cans, and refill dog-bag-dispensers. *

6. Corp Yard (Exterior of gates) 3 rd Avenue *:

Shrubs, Groundcovers, and Trees: Maintain according to Part IV Landscape Maintenance Specifications*.

7. Lawn Maintenance
Maintain according to Part IV Landscape Maintenance Specifications

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 30 Attachment
B

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 31 Attachment C
San Mateo Countywide Water Pollution Prevention Program Model Integrated Pest Management (IPM) Policy
GOAL
The City of Foster City seeks to protect the health and safety of its employees and the general public, the environment and water quality, as well as to provide sustainable solutions for pest control through the reduced use of pesticides on property including buildings owned or managed by the City by applying Integrated Pesticide Management principles and techniques. The municipal regional stormwater permit requires that the City of Foster City minimize reliance on pesticides that threaten water quality.

The City will perform educational outreach and/or support Countywide or regional efforts to educate residential and commercial pesticide users on a) goals and techniques of

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CUL-DE-SACS, WALKWAYS, ISLAND BRIDGES, AND EASEMENT MAINTENANCE 32 IPM, and b) pesticide related water quality issues consistent with the municipal regional stormwater permit’s requirements.

The IPM-based hierarchical decision making process that will be used to control pests will include the following: