Agenda packet — Foster City City Council, January 21, 2025 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Tuesday, January 21, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5. 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.

5.1. City/EMID Regular Meeting Minutes of January 6, 2025

5.2. A Resolution of the City Council of the City of Foster City Approving an Overhire for (1) Police Officer Position from April 2025 Through the Remainder of FY 2425
a) Staff Report
b) Adopt Resolution

5.3. a) A Resolution of the City Council of the City of Foster City Appointing Nathan (Nate) Cruz to the Office of City Treasurer and Authorizing Nate Cruz and Waqas Hassan as Authorized Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appointing Nathan (Nate) Cruz to the Office of District Treasurer and Authorizing Nate Cruz and Waqas Hassan as Authorized Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts
c) Staff Report
d) Adopt Resolutions

5.4. A Resolution of the City Council of the City of Foster City Renaming the Street Rehabilitation and Park Pathway Restoration Project 20242025 (CIP 301 721) to Street Rehabilitation Project 20242025 (CIP 301721); Approving the Plans and Specifications and Authorizing the Call for Bids for the Project (CIP 301721); Establishing a New CIP Titled Park Pathway Restoration Project 20242025 (New CIP); Transferring $300,000 Each from CIP 301 716 and CIP 301721 to Said New CIP; and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution

5.5. a) A Resolution of the City Council of the City of Foster City Authorizing the District President to Execute Master Agreements with Selected Six (6) Consultants for Water & Wastewater Engineering and Geotechnical Engineering Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA); and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the District President to Execute Master Agreements with Selected Six (6) Consultants for Water & Wastewater Engineering and Geotechnical Engineering Services and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
c) Staff Report
d) Adopt Resolutions

5.6. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Execution of a Task Order with BKF Engineers for On Call Civil Engineering Services in the Amount of $55,604 to Provide a Feasibility Study for CIP 455710 Shell Bridge Sanitary Sewer Force Main Rehabilitation Project; and Finding the Approval Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution

6. NEW BUSINESS

6.1. Interview and Consideration of Appointment of One Member to a Partial Term from January 1, 2023 through December 31, 2025 on the Audit Committee and Two Members to Partial Terms from June 1, 2021 through May 31, 2025 and June 1, 2021 through May 31, 2025 on the Planning Commission.

Applicants listed in Alphabetical Order are:

Audit Committee Applicants: Ranjani Thiagarajan
Planning Commission Applicants: Shane Arters, Vijay Dodd, Jacob Fox, Owjan Hashtroodi, Ronald Kahn, Janey Kaster, Shankar Kenkre, Puneet Kumar, Barry Salberg, Doug Stoveland, Miguel Torres, Cindy Wang a) Staff Report
b) Interview Applicants
c) Action – By Minute Order, Appoint One Member to the Audit Committee d) Action – A Resolution of the City Council of the City of Foster City Appointing Two Members to the Planning Commission

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on December 26, 2024
a) Information Item Only
b) No Action Required

8. 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.

9. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 21, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5.1. City/EMID Regular Meeting Minutes of January 6, 2025

6. NEW BUSINESS

Applicants listed in Alphabetical Order are:

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on December 26, 2024
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 21, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5.1. City/EMID Regular Meeting Minutes of January 6, 2025

6. NEW BUSINESS

Applicants listed in Alphabetical Order are:

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on December 26, 2024
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 21, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5.1. City/EMID Regular Meeting Minutes of January 6, 2025

6. NEW BUSINESS

Applicants listed in Alphabetical Order are:

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on December 26, 2024
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, January 21, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5.1. City/EMID Regular Meeting Minutes of January 6, 2025

6. NEW BUSINESS

Applicants listed in Alphabetical Order are:

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on December 26, 2024
a) Information Item Only
b) No Action Required

9. 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
REGULAR MEETING OF JANUARY 6, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of January 6, 2025 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

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

SPECIAL PRESENTATIONS
PRESENTATION OF CERTIFICATES TO ALYSSA C., ZEHAN H., ZEQING EBEN H., AND HANYA L. AS PART OF THE 2025 HIP HOUSING FOSTER CITY CALENDAR CONTEST.

Mayor Jimenez presented the Certificates to Alyssa C., Zehan H., Zeqing Eben H., and Hanya L. as part of the 2025 HIP Housing Foster City Calendar Contest. Mary Bates and LaTisa Brooks, HIP Housing Board members, presented the HIP Housing 2025 Calendar.

5.1 5.1 Minutes

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of December 9, 2024;

2. City/EMID Regular Meeting Minutes of December 16, 2024;

3. City Resolution No. 2025-1, “A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Workers' Compensation Third-Party Administrator;”

4. City Resolution No. 2025-2, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective January 1, 2025”; and

5. EMID Resolution No. 3789, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective January 1, 2025.”
Motion by Councilmember Sullivan, seconded by Vice Mayor Kiesel, and carried, 4-0-0, approving the following item on the City/District Consent Calendar:

1. City Ordinance No. 687, “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan (Rz-98-007) by Removing References to Grade Levels “K-5” and Replacing Them with the Term “School” for the PJCC at 800 Foster City Boulevard and Finding the Project Exempt from the California Quality Act (CEQA) Under CEQA Guidelines Section 15301 Existing Facilities – Rz2024-0011 – APN 094-471-090 (First Reading on December 16, 2024).”
Councilmember Venkat recused herself due to previously speaking and voting on this item as a Planning Commissioner.

NEW BUSINESS

AUTHORIZE TO WORK WITH CALIFORNIA PUBLIC POLICY GROUP (CPPG) TO DRAFT A SPOT BILL TO AMEND LABOR CODE SECTION 1720(C)(5)(C) TO EXPAND

EXISTING PREVAILING WAGE EXCEPTION TO INCLUDE ASSISTANCE FOR THE

CONSTRUCTION, CONVERSION, RECONSTRUCTION, REHABILITATION, AND/OR

REPAIR ACCESSORY DWELLING UNITS (ADUS) AND/OR JUNIOR ACCESSORY DWELLING UNITS (JADUS) ON SINGLE-FAMILY PROPERTIES.

Community Development Director Mangalam presented the staff report.

The following people addressed the City Council via email:

5.1 5.1 Minutes

7 1. Bart Pantoja, representing the Building and Construction Trades Council of San Mateo County; and

2. Evan Adams.

Bart Pantoja, representing the Building and Construction Trades Council of San Mateo County, addressed the City Council in person.

Discussion ensued.

The item failed due to lack of a motion. Staff was directed not to draft the spot bill and to bring this item back in a year with more information on the number of Accessory Dwelling Unit (ADU) loans issued under the loan program with prevailing wage requirements, and report on the success of similar programs in neighboring cities.

REPORTS
FISCAL YEAR 2024-2025 1ST QUARTER FINANCIAL UPDATE. MINUTE ORDER NO. 2010.

Assistant Finance Director Hassan presented the staff report.

Discussion ensued.

Motion by Vice Mayor Kiesel, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, adopting Minute Order No. 2010, to receive and accept the Fiscal Year 2024-2025 1st Quarter Financial Update.

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

City/District Warrants of Demands were Processed and Issued on December 5, 2024, December 12, 2024, and ACH were processed on December 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated that Nate Cruz will start as the City’s new Finance Director on January 8. He stated that the City is currently recruiting for two vacancies on the Planning Commission and applications are due on January 9. He reminded the City Council that the 2025 City Council Retreat will be on January 23.

Councilmember/Director Venkat congratulated Nate Cruz on his appointment as the new Finance Director.

5.1 5.1 Minutes

8 Councilmember/Director Niederhofer thanked staff for publishing the Coyote Awareness video and recommended the public to watch it. She also encouraged residents to attend the Parks Master Plan workshop at The Vibe Teen Center on January 22.

Councilmember/Director Sullivan stated that he attended HIP Housing’s Annual Calendar Event on December 6, 2024 and would like to have a focused discussion regarding economic development at the upcoming City Council Retreat.

Vice Mayor/Vice President Kiesel stated that he attended the Foster City Community Center Groundbreaking Ceremony on December 18, 2024.

Mayor/President Jimenez stated she will be at Penelope’s Coffee and Tea on January 11, where residents are welcome to join her to discuss their concerns and provide input on what they’d like to see in the City. She welcomed Nate Cruz as the new Finance Director.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 7:46 p.m.

5.1 5.1 Minutes

9 8
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DATE: January 21, 2025

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

FROM: Cory Call, Police Chief
Diane Pitman, Administrative Services Director
DEPARTMENT: Police
SUBJECT: OVERHIRE OF ONE (1) POLICE OFFICER POSITION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing an overhire for one (1) Police Officer position from April 2025 through the remainder of FY 24-25.

EXECUTIVE SUMMARY
A Police Officer position has been filled by an employee on long-term injury leave since September 16, 2023, resulting in the absence of an in-service Police Officer through the duration of this injury leave. Considering the injured officer’s status, the unknown duration of the officer’s future leave, and the uncertainty of the officer returning to work, staff is recommending the requested overhire. The overhire, if authorized by the City Council, will ease staffing strains and workload on current Police Officers and will help in maintaining service levels to the community. The estimated cost for the overhire of one (1) Police Officer position through the end of FY 24-25 is $46,500. Unspent Police Department salary expenditures in FY 24-25 are expected to offset this estimated cost and therefore, no additional appropriation is being requested at this time.

BACKGROUND/ANALYSIS
The Police Department has faced ongoing challenges in maintaining fully staffed patrol shifts and specialized units due to a combination of factors, including higher-than-

5.2 5.2 Staff Report

10 8
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expected turnover, on-duty injuries, retirements, and challenges in recruitment. These vacancies and injury-related absences have put additional strain on the department’s existing staffing resources and ability to meet the public safety needs of the community while maintaining necessary response times and officer safety standards. At this time, the department is operating with a reduced number of officers, which has led to concerns about employee burnout, decreased coverage, and challenges in maintaining optimal service levels. Although there are 34 positions approved for patrol, there are only 30 filled at a full-time capacity. The four vacant positions are in either a background stage or conditional offer.

Currently, out of the 30 positions filled in the Police Department, three (3) Police Officers are on modified duty and one (1) out on long-term leave, one (1) officer in the police academy and two (2) recruit officers in field training. This results in 23 full-time officers to cover all shifts. The three (3) Police Officers on modified duty are expected to return to full-duty in the next few months but it is uncertain whether the individual on long-term leave will be returning to work. These current staffing levels are not sufficient to meet the department’s operational requirements and often forces mandatory overtime. Recruitment for new officers typically takes several months, and the field training process for new hires takes an additional five months. Authorization of an overhire will help alleviate the impact on the department’s ability to respond to emergencies and perform other essential duties. Maintaining adequate staffing levels is critical to ensuring that officers are not overworked and that they have the support necessary to perform their duties safely. The overhire would help prevent burnout among existing officers and ensure proper rest and coverage. This will also ensure the City does not miss out on the best qualified candidates that are currently available but unable to be hired due to a long-term leave of absence. Management is monitoring the staffing situation and will return to city council if additional resources are needed. We believe one overhire is sufficient for now.

Given the ongoing nature of the staffing shortages and the critical need for law enforcement personnel to meet the public safety needs of the community, staff is requesting Council approval for an overhire of one (1) Police Officer for the remainder of FY 24-25.

California Environmental Quality Act
The request for an over hire of a Police Officer position is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
Anticipating the overhire recruit Police Officer will begin employment with the City of Foster City on April 1, 2025, the estimated cost through the remainder of FY 24-25 at the Recruit Officer Step 1 rate will be $46,500. Unspent Police Department salary expenditures in FY 24-25 are expected to offset this estimated cost and therefore, no additional appropriation is being requested at this time.

5.2 5.2 Staff Report

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence

ATTACHMENTS
Attachment 1 - Resolution

5.2 5.2 Staff Report

12 2
9 4
0 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AN OVERHIRE FOR (1) POLICE OFFICER POSITION FROM APRIL 2025 THROUGH THE REMAINDER OF FY 24-25

CITY OF FOSTER CITY
WHEREAS, the police officer position has been filled by an employee on long-term injury leave beginning September 16, 2023; and
WHEREAS, the duration of the officers future injury leave is unknown and if the officer will return to work; and
WHEREAS, the department has four police officers out on leave or modified duty, one officer in the police academy and four recruit officers in field training; and WHEREAS, the department is operating with a reduced number of officers, which has led to concerns of burnout, decreased coverage, and challenges in maintaining optimal service levels; and
WHEREAS, the over-hire will help mitigate the impact of these vacancies on the department’s ability to respond to emergencies and perform other essential duties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby authorize the overhire of (1) Police Officer position from April 2025 through the remainder of FY 24-25.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Resolution

13 DATE: January 21, 2025

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Nathan (Nate) Cruz, Finance Director
DEPARTMENT: Finance
SUBJECT: APPOINTING FINANCE DIRECTOR NATHAN (NATE) CRUZ TO THE OFFICE OF CITY/DISTRICT TREASURER; AND

AUTHORIZING NATE CRUZ AND ASSISTANT FINANCE

DIRECTOR, WAQAS HASSAN, AS AUTHORIZED SIGNATORIES

FOR PURPOSES OF OPENING, ADMINISTERING AND

CLOSING ANY AND ALL CASH AND INVESTMENT ACCOUNTS

RECOMMENDATION
It is recommended that the City Council/EMID of Directors approve the attached resolutions appointing Nate Cruz as City/District Treasurer and updating the authorized signatories for current and future bank and investment accounts effective January 21, 2025.

EXECUTIVE SUMMARY
The City/District invests funds with financial institutions and investment custodians in its day-to-day cash and investment management operations. On August 1, 2022, the City Council authorized the former Finance Director, Edmund Suen and Mimi Lam, Financial Services Manager, as authorized signatories for the purposes of opening, administering, and closing any and all cash and investment accounts necessary to conduct the financial operations of the City and District. With Edmund Suen’s separation from the City/District and the appointment of Nate Cruz as Finance Director as of January 8, 2025, staff recommends appointing Nate Cruz as City/District Treasurer and updating the authorized signatories to Nate Cruz, Finance Director, and

5.3 5.3 Staff Report

14 Waqas Hassan, Assistant Finance Director. The attached resolutions would authorize Nate Cruz (Finance Director & City/District Treasurer) and Waqas Hassan (Assistant Finance Director), to create and terminate accounts, sign checks, withdraw and deposit funds, and execute buy and sell investment transactions in accordance with the City’s Investment Policy. These resolutions will be used for all cash and investment accounts including the Local Agency Investment Fund (LAIF). Pursuant to FCMC Chapter 3.20, the City Treasurer is also the City’s Tax Administrator.

Council approval of the attached resolutions allows for an uninterrupted transition and facilitates business continuity.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution

5.3 5.3 Staff Report

15 RESOLUTION NO. _____________

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

APPOINTING FINANCE DIRECTOR NATHAN (NATE) CRUZ TO THE OFFICE OF CITY TREASURER; AND AUTHORIZING NATE CRUZ AND ASSISTANT FINANCE

DIRECTOR, WAQAS HASSAN, AS AUTHORIZED SIGNATORIES FOR PURPOSES

OF OPENING, ADMINISTERING AND CLOSING ANY AND ALL CASH AND

INVESTMENT ACCOUNTS

CITY OF FOSTER CITY
WHEREAS, Edmund Suen separated as the Finance Director and Treasurer and Nate Cruz was hired as Finance Director on January 8, 2025; and WHEREAS, the Finance Director and Treasurer is charged with the responsibility of managing the organization’s cash flow, including but not limited to the following functions: opening and closing accounts, signing checks, ordering withdrawal or transfer of funds, endorsing and depositing checks and other items payable to the organization, executing buy and sell investment transactions, and transacting other administrative business relating to said accounts; and
WHEREAS, the City Council does hereby find that the said functions shall be performed in accordance with the City’s Investment Policy and in accordance with all applicable City ordinances; and
WHEREAS, the City Council also desires that any check that is issued requires two authorized signatures.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the appointment of Edmund Suen as City Treasurer is hereby rescinded and the appointment of Nate Cruz to the office of City Treasurer is hereby made, confirmed, and approved effective January 21, 2025.

BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby authorize the following individuals to be duly authorized signatories/designated account signers to open, administer, and close any and all cash and investment accounts necessary to conduct the financial operations of the City effective January 21, 2025, including but not limited to the Local Agency Investment Fund (LAIF).

Nate Cruz Waqas Hassan
Finance Director/Treasurer Assistant Finance Director
x______________________ x______________________

5.3 Attachment 1 - City Resolution

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4 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 21th day of January, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 1 - City Resolution

17 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPOINTING FINANCE DIRECTOR NATHAN (NATE)

CRUZ TO THE OFFICE OF DISTRICT TREASURER AND AUTHORIZING NATE CRUZ

AND ASSISTSNT FINANCE DIRECTOR, WAQAS HASSAN, AS AUTHORIZED

SIGNATORIES FOR PURPOSES OF OPENING, ADMINISTERING AND CLOSING

ANY AND ALL CASH AND INVESTMENT ACCOUNTS

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Edmund Suen separated as the Finance Director and Treasurer and Nate Cruz was hired as Finance Director on January 8, 2025; and WHEREAS, the Finance Director and Treasurer is charged with the responsibility of managing the organization’s cash flow, including but not limited to the following functions: opening and closing accounts, signing checks, ordering withdrawal or transfer of funds, endorsing and depositing checks and other items payable to the organization, executing buy and sell investment transactions, and transacting other administrative business relating to said accounts; and
WHEREAS, the Board of Directors does hereby find that the said functions shall be performed in accordance with the District’s Investment Policy and in accordance with all applicable City/District ordinances; and
WHEREAS, the Board of Directors also desires that any check that is issued requires two authorized signatures.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the appointment of Edmund Suen as City/District Treasurer is hereby rescinded and the appointment of Nate Cruz to the office of City/District Treasurer is hereby made, confirmed, and approved effective January 21, 2025.

BE IT FURTHER RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the following individuals to be duly authorized signatories/designated account signers to open, administer, and close any and all cash and investment accounts necessary to conduct the financial operations of the District effective January 21, 2025, including but not limited to the Local Agency Investment Fund (LAIF).

Nate Cruz Waqas Hassan
Finance Director/Treasurer Assistant Finance Director
x______________________ x______________________

5.3 Attachment 2 - EMID Resolution

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5 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 21 th day of January, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

STACY JIMENEZ, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.3 Attachment 2 - EMID Resolution

19 DATE: January 21, 2025

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

FROM: Andrew Brozyna, Director of Public Works
Laura Galli, Engineering Manager
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: RENAMING STREET REHABILITATION AND PARK PATHWAY RESTORATION PROJECT 2024-2025 (CIP 301-721) TO STREET
REHABILITATION PROJECT 2024-2025 (CIP 301-721);

APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING CALL FOR BIDS FOR THE PROJECT (CIP 301-
721); ESTABLISHING A NEW CIP TITLED PARK PATHWAY
RESTORATION PROJECT 2024-2025 (NEW CIP);
TRANSFERRING $300,000 EACH FROM CIP 301-716 AND CIP
301-721 TO NEW CIP

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution:

1. Renaming the Street Rehabilitation and Park Pathway Restoration Project (CIP 301-721) to Street Rehabilitation Project 2024-2025 (CIP 301-721);

2. Approving the Plans and Specifications and authorizing the call for bids for the Street Rehabilitation Project 2024-2025 (CIP 301-721);

3. Establishing a New CIP titled Park Pathway Restoration Project 2024-2025 (New CIP);

5.4 5.4 Staff Report

20 4. Transferring $300,000 of CIP City Funds from Street Rehabilitation and Park Pathway Restoration Project 2023-2024 (CIP 301-716) to Park Pathway Restoration Project 2024-2025 (New CIP); and

5. Transferring $300,000 of CIP City Funds from Street Rehabilitation Project 2024- 2025 (CIP301-721) to Park Pathway Restoration Project 2024-2025 (New CIP).

EXECUTIVE SUMMARY
The proposed scope for CIP 301-721 will consist of roadway work including dig outs and grind and overlay in Neighborhood 6, crosswalk installation at Boothbay Ave. and Galveston St., and grading adjustments along Shell Blvd. at Beach Park Elementary School. The grading scope along Shell Blvd. is a bid alternate and will be included if bid results are favorable. The upgrade of the adjacent existing non-compliant curb ramps, in conformance with the Americans with Disabilities Act (ADA), are also included when the crosswalk is intersecting with the improved roadways. The Street Rehabilitation Project will help to maintain and increase the City’s overall Pavement Condition Index (PCI). The PCI is a numerical index used to indicate the general condition of a pavement. Public Works staff prepared construction documents for the Street Rehabilitation Project and the project is ready to be advertised for construction.

The City Council action will allow staff to advertise the Street Rehabilitation Project for bidding and create a separate CIP for Park Pathway Restoration that will focus on the rehabilitation of park pathways. Construction of the Street Rehabilitation Project is anticipated to take approximately 4 months with an anticipated start in May 2025. If approved, the Park Pathway Restoration Project is expected to be incorporated into the City’s CIP program for future design and construction.

BACKGROUND
In 2023, a pavement condition survey was performed for several streets in the City and the data was entered into the Metropolitan Transportation Commission’s Pavement Management Program (PMP). The PMP allows the City to compare and analyze the street conditions. Based on the PMP analysis, combined with the input received from the public and the City’s maintenance crew, streets are identified and prioritized for rehabilitation work.

At its May 20, 2024, meeting, the City Council adopted City Resolution No. 2024-45 approving the reissuance of plans and specifications and authorizing the call for bids for CIP 301-716 Street Rehabilitation and Park Pathway Restoration Project (2023-2024).

Reissuance was necessary because no bids were received during the first bidding period in April. Contractors notified the staff that park pathway restoration work is too dissimilar

5.4 5.4 Staff Report

21 to street rehabilitation work and is a deterrent to bidding on the City’s street rehabilitation projects. Therefore, the plans and specifications were modified in order to create a more competitive market for the project. Consequently, the parks pathway restoration work scope was removed from the 2023-2024 Street Rehabilitation and Park Pathway Restoration Project, and it was determined that a separate project for park pathway restoration would be prudent.

ANALYSIS
The ongoing maintenance of public streets is essential to maintain the structural integrity, safety and accessibility of the City’s roadways and maintain an acceptable PCI for the City. Continual improvements and maintenance lead to higher quality roadways at a lower cost. Due to below-average road conditions, Neighborhood 6 is the primary focus of CIP 301-721. Street rehabilitation in the form of asphalt milling, asphalt overlays, and base repairs will be conducted on the following streets in Neighborhood 6:
•Halsey Blvd/Farragut Blvd to Beach Park Blvd.
•Bainbridge St.
•Decatur St.
•Blythe St.
•Burrows St.

All locations identified above include striping and signage improvements, utility adjustments if necessary, and the retrofitting of existing non-compliant curb ramps in conformance with ADA and the City’s Transition Plan, and the application of red paint within 20 feet of the vehicle approach side of crosswalks as required by Assembly Bill 413 (AB 413). AB 413 is a new state law which helps increase the visibility of pedestrians and bicyclists entering crosswalks.

Additional roadway improvements include:
•Grading adjustments along Shell Blvd. at the northern driveway to Beach Park Elementary School to address ponding issues within the roadway. This work will be included as Bid Alternate 1 and completed if the bid results are favorable. •Crosswalk installation at Boothbay Ave and Galveston St., at the northwest corner of Boothbay Park to provide for improved ADA accessibility to and from the park into the surrounding neighborhood.
•Base repairs adjacent to 117 Beach Park Blvd. to address root damage from a nearby tree that has since been removed.

Plans and specifications for the Street Rehabilitation Project are complete and ready for bidding. Construction is anticipated to begin in May 2025 and will take approximately 4 months to complete. During construction, traffic control will be utilized and construction signs informing residents of the work will be posted 3 days prior to actual start date of the work. The contractor will also be notifying affected homes and properties with letters

5.4 5.4 Staff Report

22 prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support. A hardcopy of the plans and specifications is available for view in City Hall.

Street Rehabilitation Project Anticipated Schedule
Approve Plans and Specifications and
Authorize Call for Bids
January 21, 2025
Bid Opening February 19, 2025
Award of Contract March 17, 2025
Contract Execution April 2025
Construction May 2025 – August 2025
Project Notice of Completion September 2025
If approved by City Council, the Park Pathways Restoration Project (New CIP) will be incorporated into the City’s CIP program. The Park Pathway Restoration Project will address pathway areas in City Parks identified by staff that are in need of repair.

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

FISCAL IMPACT
Funding for CIP 301-721 is available in the Measure A ($1,000,000), Gas Tax ($500,000), and City CIP funds ($300,000). CIP 301-721 will retain $1,500,000 from Measure A and Gas Tax funds for street rehabilitation work and the $300,000 from City CIP funds will be transferred to the new Park Pathway Rehabilitation project.

Based on the Engineer’s Estimate, it is anticipated that additional funding will be required for the street rehabilitation scope. Staff will request additional funds after bids are received, during the award of the contract. There is State Streets Funding available to augment the project budget.

Staff recommends transferring $300,000 in City CIP funds from CIP 301-721 and the $300,000 in City CIP funds from CIP 301-716 to the new CIP for park pathway restoration. The park pathway restoration scope was removed from CIP 301-716 in 2023-2024 and therefore the City CIP funds for park pathway restoration are unused.

5.4 5.4 Staff Report

23 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Facilities and Infrastructure
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution

5.4 5.4 Staff Report

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3 RESOLUTION NO.____________

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

THE STREET REHABILITATION AND PARK PATHWAY RESTORATION PROJECT 2024-2025 (CIP 301-721) TO STREET REHABILITATION PROJECT 2024-2025 (CIP 301-721); APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE PROJECT (CIP 301-721); ESTABLISHING A NEW CIP TITLED PARK PATHWAY RESTORATION PROJECT 2024-2025 (NEW CIP); TRANSFERRING $300,000 EACH FROM CIP 301-716 AND CIP 301-721 SAID NEW CIP; AND FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the Plans and Specifications for the Street Rehabilitation portion of the Street Rehabilitation and Park Pathway Restoration Project (CIP 301-721) have been completed and are ready for bid; and

WHEREAS, based on contractor feedback during the unsuccessful bid of the previous Street Rehabilitation Project, it is prudent to bid and construct the Park Pathway Restoration scope as a separate project (New CIP) in order for the street rehabilitation project to remain competitive in the industry; and

WHEREAS, total funding in the amount of $1,800,000 is the approved project budget for CIP301-721, of which $300,000 of CIP City funds are reserved for Park Pathway Restoration work; and

WHEREAS, $300,000 of CIP City funds remain unused from the previous Street Rehabilitation and Park Pathway Restoration Project 2023-2024 (CIP 301-716) due to the deferral of Park Pathway Restoration scope from the project; and

WHEREAS, construction for the street rehabilitation project is anticipated to begin in May 2025, and

WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

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

1. Rename the Street Rehabilitation and Park Pathway Restoration Project 2024- 2025 (CIP 301-721) to Street Rehabilitation Project 2024-2025 (CIP 301-721); and

2. Approve the Plans and Specifications and authorize the call for bids for the Street Rehabilitation Project 2024-2025 (CIP 301-721); and

5.4 Attachment 1 - Resolution

25 2
9 3
3 3. Establish a New CIP titled Park Pathway Restoration Project 2024-2025 (New CIP); and

4. Transfer $300,000 of CIP City Funds from Street Rehabilitation and Park Pathway Restoration Project 2023-2024 (CIP 301-716) to Park Pathway Restoration Project 2024-2025 (New CIP); and

5. Transfer $300,000 of CIP City Funds from Street Rehabilitation Project 2024- 2025 (CIP 301-721) to Park Pathway Restoration Project 2024-2025 (New CIP).

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - Resolution

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DATE: January 21, 2025

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director/City/District Engineer Laura Galli, Engineering Manager
Ryan Marquez, Senior Engineer
DEPARTMENT: Public Works
SUBJECT: AWARD OF A MASTER AGREEMENTS WITH SELECTED FIVE (5) CONSULTANTS FOR PROFESSIONAL ON-CALL WATER
AND WASTEWATER ENGINEERING SERVICES AND ONE (1)

FOR GEOTECHNICAL ENGINEERING SERVICES

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) adopt the attached resolutions authorizing:

1. The Mayor/President to execute six (6) master agreements for a three-year term for professional on-call services in Water & Wastewater Engineering (EKI, Freyer & Laureta, HydroScience, Schaaf & Wheeler, & Wilsey Ham) and Geotechnical Engineering services (Langan CA, Inc.); and

2. Staff to issue task orders for a not-to-exceed amount for City funded projects as outlined in the City’s procurement policy, and without limitation for non-City funded projects (those that support private land development review which are reimbursed by the developer or private utility company); and

3. The City/District Manager (City Manager) to extend the agreement on a yearly basis for up to two (2) additional years.

EXECUTIVE SUMMARY

5.5 5.5 Staff Report

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The Public Works Engineering Division is responsible for the delivery of the City's Capital Improvement Projects (CIPs). The Department uses consultants on CIP projects, private development projects, and for on-call professional services as needed.

On call services assist staff in specific areas of technical and professional expertise.

The approval of the attached master agreements will provide professional consultant support for current and future CIPs as well as supporting ongoing programs including land development review overseen by the Engineering Division.

The proposed action is consistent with the City’s Purchasing Policy. Use of multi-year master agreements assists the timely delivery of CIPs and other programs/projects to maintain the City’s infrastructure and levels of service by augmenting staffing resources experiencing higher demand. It also serves as a risk management tool to quickly address emergencies, shifting priorities, and staff vacancies/extended leaves. The authorization of the master agreements does not award any work to any of these firms; it establishes the firms as approved resources from which to seek professional services as needs are identified. Following execution of the master agreements, staff will request cost information and a scope of work from firms in their respective disciplines as needs arise. For non-City funded projects and tasks such as those that support private land development review which are reimbursable, the costs of any services would be authorized at the staff level and would be “passed through” to the developer or utility company. For City funded projects, if the cost of any scope of work exceeds the City Manager’s purchasing authority, staff will bring the task order to the City Council prior to authorizing the work to proceed.

Approval of the attached resolutions tonight will establish on-call master agreements with five (5) firms in the discipline of water and wastewater engineering. It will further correct the legal firm name of one of the previously executed geotechnical engineering agreements from Langan, Inc. to Langan CA, Inc.

BACKGROUND
The City utilizes consultants for professional engineering services and other specialty professional services on CIPs and private land development projects, to support the operations of the Public Works Department as a standard practice. Services provided assist staff in specific areas of technical and professional expertise.

Currently, there are 42 funded and 28 future planned CIPs identified in the City’s FY 24- 25 5-year Capital Improvement Program. The City Council has consistently authorized the use of consultant support services to enhance the level of expertise available to staff to deliver the City’s Capital Improvement Program and support private land development review.

At its September 18, 2023 City Council/District Board meeting, the Council/Board adopted City Resolution No. 2023-92 and EMID Resolution No. 3745 authorizing staff to issue the Request For Proposals/Qualifications (RFP/Q) and initiate the consultant selection process for the following on-call services: Construction Management and

5.5 5.5 Staff Report

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Inspection, Architectural Engineering, Water and Wastewater Engineering, Landscape Architecture, Corrosion Engineering, Cost Estimation, and Geotechnical Engineering.

The RFP/Q was posted on the Foster City website and distributed to over 100 engineering and specialty consulting firms, and an agency that advertises projects for the benefit of consultant clients. The City received a total of sixty-five (65) proposals. An evaluation committee consisting of staff from Engineering, Parks & Recreation, and Public Works Maintenance reviewed and scored the proposals for their area(s) of expertise.

On August 5, 2024, the City Council/District Board adopted City Resolution No. 2024- 76 and EMID Resolution No. 3769 awarding master agreements for eighteen (18) on- call consultants for the categories of Construction Management, Architectural Engineering, Landscape Architectural, Geotechnical Engineering, Corrosion Engineering, and Cost Estimation services. One of the geotechnical engineering firms (Langan, Inc), has since legally changed its name.

Ten (10) of the original sixty-five (65) proposals received, were in the water and wastewater engineering category. The evaluation committee also reviewed and scored these proposals. The recommended firms have been determined to be well qualified, in addition to meeting the criteria established by the RFP/Q.

ANALYSIS
The City’s Public Works Department is responsible for planning, building, and maintaining the City’s infrastructure. The Department is comprised of administration and engineering; streets and traffic signal maintenance; water, wastewater, and stormwater maintenance and operations; levee and lagoon maintenance and operations; facilities maintenance operations; solid waste operations; as well as managing the parks system CIP. The Public Works Engineering Division is responsible for the management and delivery of the City’s Capital Improvement Program for all the critical City Infrastructure managed by each of these operating divisions.

Master agreements are an efficient tool to provide technical staff support and reduce the time required to identify qualified firms while adhering to City/District Purchasing Policy. This enables the City/District to respond quickly to needs by utilizing a consulting firm’s services on an as-needed basis for a specific activity. These services are temporary and obtained only for the length of time needed to complete the tasks and/or project.

A master agreement that involves on-call professional services only provides a list of qualified and vetted consulting firms. Once a master agreement is in place with the firm identified, staff interacts with these firms on an as-needed basis to find the most appropriate level of expertise and knowledge to carry out a specific task or project.

The approval of an award to five (5) water & wastewater engineering firms would

5.5 5.5 Staff Report

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provide the City with additional depth of resources and expertise to draw upon. These firms often have limited staff serving many jurisdictions and therefore establishing a master agreement with only one (1) firm could slow down response times. Each of the selected firms has experience providing similar services to municipalities around the Bay Area.

Water & Wastewater Engineering
The selected firms (EKI, Freyer & Laureta, HydroScience, Schaaf & Wheeler, & Wilsey Ham) shall provide the following services:

1. Conduct Preliminary Design

2. Prepare Construction Contract Documents and Estimates

3. Provide Bidding and Construction Support

4. Prepare Record Drawings and Warranty Inspection

5. Land Development Review of public and private improvements

6. Perform and/or review various studies related to the impacts of land development on existing infrastructure, and validate the need for improvements to increase system capacity.

7. Prepare the Urban Water Management Plan and other water and wastewater related studies/plans as required.

Geotechnical Engineering
Langan CA, Inc. was previously awarded a master agreement MSA at the Council/Board’s August 5th 2024 meeting. Since then, the firm’s legal name has changed from Langan, Inc. to Langan CA, Inc. This change was deemed substantive and requires re-approval of the master agreement by the governing body.

For the water, wastewater and geotechnical engineering services, the selected firms will work under the Engineering Manager and the respective Project Engineers. A letter proposal will be requested from a firm when services are required. The letter proposal will set forth the scope, fee, personnel, and schedule of performance for the task. Staff will review the letter and negotiate scope and fee. The letter proposals will be approved through a task order under the master agreement for a not-to-exceed amount for City funded projects ; and without limitation for non-City funded projects such as those that support private land development review which are reimbursable and costs “passed through” to the developer or utility company.

The master agreement includes the same language as the City’s standard professional services agreement, and will specify the billing rates, personnel to be assigned, and other terms as identified in the City’s standard professional services agreement. The master agreement has been reviewed by the City Attorney. Each agreement will be for three (3) years from January 21, 2025 through January 20, 2028, with an option to extend yearly for up to two (2) additional years.

Many CIPs will utilize one or more of these contracts for design and construction services. Priority projects that are expected to utilize these contracts include: Add Third

5.5 5.5 Staff Report

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Lagoon Pump and Related Infrastructure (CIP 301-717), Large Water Meter Replacements Project (CIP 405-704), Permanent Emergency Bypass Transmission Main on E. Third Ave (New CIP), Shell Bridge Sanitary Sewer Force Main Rehabilitation (CIP 455-710), and Sanitary Sewer Lift Station Improvements Phase 6 (455-719).

California Environmental Quality Act
This action is categorically exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment and does not involve approval of any specific project that may have a significant effect on the environment.

FISCAL IMPACT
The authorization of the attached master agreements would not result in a direct expenditure of City resources. Tasks would be assigned through the master agreement to meet the needs and demands identified for each future fiscal year through the adoption of the annual operating budget and the Capital Improvement Program.

The contract amount for services would be identified for each project, depending on the scope of work/services, and the number and type of professionals/technicians used.

The costs of these services are budgeted in the operating program or capital project for which the services are needed or paid for by the fees obtained from developers for any work associated with land development projects. No additional appropriations are requested at this time. If a scope of work exceeds the City Manager’s authority of $50,000, staff will return to the City Council to seek approval to award the task. Tasks that support private land development review are reimbursable, and the costs of these services would be authorized at staff level. Staff collects a deposit from the developer based on the negotiated proposal amount prior to the work being performed.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Master Agreement Water and Wastewater Engineering – EKI Attachment 4 – Master Agreement Water and Wastewater Engineering – Freyer & Laureta
Attachment 5 – Master Agreement Water and Wastewater Engineering – HydroScience

5.5 5.5 Staff Report

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Attachment 6 – Master Agreement Water and Wastewater Engineering – Schaaf & Wheeler
Attachment 7 – Master Agreement Water and Wastewater Engineering – Wilsey Ham Attachment 8 – Master Agreement Geotechnical Engineering – Langan CA, Inc.

5.5 5.5 Staff Report

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6 RESOLUTION NO.____________

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

AUTHORIZING THE DISTRICT PRESIDENT TO EXECUTE MASTER AGREEMENTS WITH SELECTED SIX (6) CONSULTANTS FOR WATER & WASTEWATER

ENGINEERING AND GEOTECHNICAL ENGINEERING SERVICES AND FINDING

THAT THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, City Resolution No. 2023-92 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the Public Works Department; and WHEREAS, ten proposals for Water & Wastewater Engineering Services were received on November 9, 2023; and
WHEREAS, five firms were found to be well qualified and met the criteria established in the RFP/Q; and
WHEREAS, the City wishes to enter into agreements with EKI, Freyer & Laureta, HydroScience, Schaaf & Wheeler, and Wilsey Ham for a term through January 20, 2028 with the option to extend annually for up to two additional years; and WHEREAS, City Resolution No. 2024-76 approved the award of a Master Agreement for on-call Geotechnical Engineering Services to Langan, Inc.; and WHEREAS, Langan, Inc. recently changed their legal name to Langan CA, Inc.; and
WHEREAS, the City wishes to enter into a new agreement with Langan CA, Inc. for a term through January 20, 2028; and
WHEREAS, current and upcoming Capital Improvement Projects will require specific areas of technical and professional expertise from qualified consultants to assist the work of City of Foster City Engineering staff; and
WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City’s infrastructure by augmenting staff resources; and
WHEREAS, the proposed action is consistent with the City’s purchasing policy.

5.5 Attachment 1 - City Resolution

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

1. The award of three-year master agreements dated January 20, 2025 with:
a. EKI, Freyer & Laureta, HydroScience, Schaaf & Wheeler, & Wilsey Ham for professional on-call Water & Wastewater services;
b. Langan CA, Inc. for on-call geotechnical engineering services; and

2. Task orders to be issued for a not-to-exceed amount for City funded projects as outlined in the City’s procurement policy and municipal code; and without limitation for non-City funded projects (those that support private land development review which are reimbursed by the developer or private utility company); and

3. The City Manager to extend the agreements on a yearly basis for up to two additional years.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - City Resolution

34 2
9 2
5 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE DISTRICT PRESIDENT TO EXECUTE MASTER AGREEMENTS WITH SELECTED SIX (6) CONSULTANTS FOR WATER &

WASTEWATER ENGINEERING AND GEOTECHNICAL ENGINEERING SERVICES

AND FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, EMID Resolution No. 3745 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the Public Works Department; and WHEREAS, ten proposals for Water & Wastewater Engineering Services were received on November 9, 2023; and
WHEREAS, five firms were found to be well qualified and met the criteria established in the RFP/Q; and
WHEREAS, the District wishes to enter into agreements with EKI, Freyer & Laureta, HydroScience, Schaaf & Wheeler, and Wilsey Ham for a term through January 20, 2028 with the option to extend annually for up to two additional years; and WHEREAS, EMID Resolution No. 3769 approved the award of a Master Agreement for on-call Geotechnical Services to Langan, Inc.; and WHEREAS, Langan Inc. recently changed their legal name to Langan CA, Inc.; and
WHEREAS, the District wishes to enter into a new agreement with Langan CA, Inc. for a term through January 20, 2028; and
WHEREAS, current and upcoming Capital Improvement Projects will require specific areas of technical and professional expertise from qualified consultants to assist the work of Estero Municipal Improvement District Engineering staff; and WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City/District’s infrastructure by augmenting staff resources; and
WHEREAS, the proposed action is consistent with the District’s purchasing policy.

5.5 Attachment 2 - EMID Resolution

35 2
9 2
5 NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

2. Task orders to be issued for a not-to-exceed amount for City funded projects as outlined in the District’s procurement policy and municipal code; and without limitation for non-City funded projects (those that support private land development review which are reimbursed by the developer or private utility company); and

3. The District Manager to extend the agreement on a yearly basis for up to two additional years.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.5 Attachment 2 - EMID Resolution

36 1

MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

WATER AND WASTEWATER ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and EKI Environment & Water, Inc., hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide Water and Wastewater Engineering related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
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 each Task Order and Exhibit “B,” Scope of Services, 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 B and each Task Order 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 B and in each Task Order.

1. Term; Termination.

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(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from January 21, 2025 thru January 20, 2028. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from January 21, 2028 to January 20, 2029. The third contract period will be from January 21, 2029 to January 20, 2030.

Renewal shall be by mutual consent of CONSULTANT AND CITY/DISTRICT as approved by the City Council/District Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT. (b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

(c) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’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.

2. Compensation; Expenses; Payment. CITY/DISTRICT 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 “C” 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 total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order or Notice to Proceed for Land Development Services. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District.

Invoices for amounts in excess of each Task Order 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

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incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (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/DISTRICT, 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/DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to CITY/DISTRICT required by EXHIBIT B and each Task Order.

CITY/DISTRICT 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/DISTRICT receives all deliverables required under Exhibit B and each Task Order, 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/DISTRICT 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/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

CONSULTANT shall pay prevailing wages to its employees on any agreement 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 Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office 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 subconsultants 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. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable

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federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed.

CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal 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.

Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement.

CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit. 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/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement.

This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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/DISTRICT shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the

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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 B and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect.

Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.

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

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

9. Relationship of Parties. It is understood that the relationship of CONSULTANT to the CITY/DISTRICT is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY/DISTRICT.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT 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/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

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efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), 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.

CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault. (b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others.

CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement. (c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors. CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions. (d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions

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in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants.
(f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement. Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, 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 D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT 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/DISTRICT 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/DISTRICT at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

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

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

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: EKI Environment & Water, Inc.
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014

16. Assignment. This is an agreement for the personal services of CONSULTANT.

CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement. CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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

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20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties.

If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance, CITY/DISTRICT's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement, Notwithstanding any other provision of this Agreement, in no event shall CITY/DISTRICT 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/DISTRICT 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/DISTRICT. 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/DISTRICT 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/DISTRICT employees or third parties, or to property belonging to any of the above.

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

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and

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limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

David Umezaki,
Principal-in-Charge

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EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and [______________________] ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled [______________________] ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: [______________________] Title: City Manager if < $50,000 Title: [_____________________] Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________

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EXHIBIT B

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

WATER AND WASTEWATER ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between EKI Environment & Water, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

The CITY/DISTRICT has developed a general scope of work as described below. 1) Conduct Preliminary Design
2) Prepare Construction Contract Documents and Estimates 3) Provide Bidding and Construction Support
4) Prepare Record Drawings and Warranty Inspection
5) Land Development Review of public and private improvements 6) Land Development Review of capacity studies, including downstream improvements such as pump station capacity and improvements.

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The CONSULTANT’s Project Manager will be responsible for the work including implementing the project management procedures and controls; and maintaining effective communications among the sub- consultants, the CITY, and other involved agencies and organizations for the duration of the project.

The working interface between the CONSULTANT and the CITY shall be defined as follows:

CONSULTANT shall submit to the CITY a monthly invoice whose format that shall include:
•List of CONSULTANT personnel, hourly rate and hours expended during the month in question along with a subtotal for CONSULTANT staff labor effort. •Itemized list of any sub-consultant staff who performed professional services during the month in question, hourly rates and hours worked during that time period and a subtotal for the subconsultants.

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•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

To support each invoice, the CONSULTANT shall furnish project updates that shall include the following:
•A summary of specific accomplishments during the reporting period, anticipated accomplishments scheduled for the next reporting period, and results or other deliverables, etc. •A cost summary for each specific task, that shows:
oThe current period and cumulative expenditures to date. oThe approved budget.
oA comparison of the estimated cost with the approved budget to show any variance.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

CONSULTANT shall be available for consultation with the CITY’s Project Manager at all reasonable times and shall immediately advise the project manager of requests, technical decisions, or problems that may materially affect a project’s scope, quality, schedule, or cost.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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EXHIBIT C

FEE SCHEDULE

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EXHIBIT D

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between EKI Environment & Water, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City/District and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of 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/District's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, 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/District as an additional insured.

1.1 Insurance Requirements
☒ Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City/District), 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 four million dollars ($4,000,000) aggregate.
*Please note, the City/District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City/Estero Municipal Improvement District, its Council/Board members, officials, agents, officers, volunteers 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 ($1,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

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

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

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

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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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/District 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/District will not accept such coverage unless the City/District 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/District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City/District, 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/District from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

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

Alternatively, City/District may purchase such required insurance coverage, and without further notice to Consultant, City/District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City/District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City/District for the premiums and any associated costs, Consultant agrees to reimburse City/District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City/District 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/District may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner-controlled insurance program ("OCIP"), in which case 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/District'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/District access to their books and records and cooperate with City/District in verifying the amount of savings realized.

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

Other:

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

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

Professional Liability:

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

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

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

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment)

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by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and EKI Environment & Water, Inc., (“Consultant”) dated January 21, 2025.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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.

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5. City/District Directed Suspension. The City/District 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/District may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City/District 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/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.

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

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

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ David Umezaki, Principal-in-Charge Stacy Jimenez, Mayor/President

END OF EXHIBIT E

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MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

WATER AND WASTEWATER ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Freyer & Laureta, Inc., hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

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(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from January 21, 2025 thru January 20, 2028. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from January 21, 2028 to January 20, 2029. The third contract period will be from January 21, 2029 to January 20, 2030.

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incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed,.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

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federal requirements.

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

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standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

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efforts to perform its services under this Agreement in a manner consistent with that schedule.

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in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

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15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Freyer & Laureta, Inc.
150 Executive Park Boulevard, Suite 4200
San Francisco, CA 94134

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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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.

These conflict of interest, confidentiality and future service provisions and

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limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Jeffrey Tarantino,
Executive Vice President

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EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

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EXHIBIT B

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

WATER AND WASTEWATER ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Freyer & Laureta, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

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•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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EXHIBIT C

FEE SCHEDULE

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EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Freyer & Laureta, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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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 ($1,000,000) 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.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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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.

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

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by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Freyer & Laureta, Inc., (“Consultant”) dated January 21, 2025.

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

3. Compliance with COVID-19 Proclamations.

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.

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Jeffrey Tarantino, Stacy Jimenez, Mayor/President
Executive Vice President

END OF EXHIBIT E

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MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

WATER AND WASTEWATER ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and HydroScience Engineers, Inc., hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

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(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from January 21, 2025 thru January 20, 2028. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from January 21, 2028 to January 20, 2029. The third contract period will be from January 21, 2029 to January 20, 2030.

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incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed,.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

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federal requirements.

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

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standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

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efforts to perform its services under this Agreement in a manner consistent with that schedule.

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in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

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15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: HydroScience Engineers, Inc.
10569 Old Placerville Road
Sacramento, CA 95827

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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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.

These conflict of interest, confidentiality and future service provisions and

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limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Curtis Lam,
Principal-in-Charge

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EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

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EXHIBIT B

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

WATER AND WASTEWATER ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between HydroScience Engineers, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

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•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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EXHIBIT C

FEE SCHEDULE

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EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between HydroScience Engineers, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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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 ($1,000,000) 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.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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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.

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

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by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and HydroScience Engineers, Inc., (“Consultant”) dated January 21, 2025.

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

3. Compliance with COVID-19 Proclamations.

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.

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Curtis Lam, Principal-in-Charge Patrick Sullivan, Mayor/President

END OF EXHIBIT E

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1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

WATER AND WASTEWATER ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Schaaf & Wheeler, Consulting Civil Engineers, Inc., hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

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2 (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from January 21, 2025 thru January 20, 2028. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from January 21, 2028 to January 20, 2029. The third contract period will be from January 21, 2029 to January 20, 2030.

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3 incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed,.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

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4 federal requirements.

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

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5 standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

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6 efforts to perform its services under this Agreement in a manner consistent with that schedule.

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7 in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

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

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Schaaf & Wheeler, Consulting Civil Engineers, Inc. 4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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9 20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties.

If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

These conflict of interest, confidentiality and future service provisions and

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10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Charles D. Anderson,
Principal-in-Charge

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11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

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12 EXHIBIT B

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

WATER AND WASTEWATER ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Schaaf & Wheeler, Consulting Civil Engineers, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

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13 •Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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14 EXHIBIT C

FEE SCHEDULE
Labor Classification Direct Labor Rate per hour Fringe Benefits per hour Overhead Rate per hour G & A Rateper hour Hourly Fee Fully Burdened Hourly Rate2025
Fully Burdened Hourly Rate2026
Fully Burdened Hourly Rate2027Principal Project Manager $94.63 $53.42 $32.55 $96.68 $27.73 $305.00 $314.15 $323.58Senior Project Manager $86.87 $49.04 $29.88 $88.75 $25.45 $280.00 $288.40 $297.05Senior Engineer $75.00 $42.34 $25.80 $76.62 $21.98 $241.73 $248.98 $256.45Associate Engineer $53.50 $30.20 $18.40 $54.66 $15.68 $172.44 $177.61 $182.94Designer/GIS Analyst $48.00 $27.10 $16.51 $49.04 $14.06 $154.71 $159.35 $164.13Assistant Engineer $47.00 $26.53 $16.17 $48.02 $13.77 $151.49 $156.03 $160.71Junior Engineer $39.50 $22.30 $13.59 $40.35 $11.57 $127.31 $131.13 $135.07Administrative $36.00 $20.32 $12.38 $36.78 $10.55 $116.03 $119.51 $123.10Engineering Trainee $30.00 $16.93 $10.32 $30.65 $8.79 $96.69 $99.59 $102.58 FY2023 ICR Accepted by CaltransFringe Benefits 56.45%Overhead 34.40%General & Administrative 102.16%1.93 Fee 10%
Markup Applied to Direct Labor 3.22
Annual Allowable Fee Increase 3.00%

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15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Schaaf & Wheeler, Consulting Civil Engineers, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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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 ($1,000,000) 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.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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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.

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

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by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Schaaf & Wheeler, Consulting Civil Engineers, Inc., (“Consultant”) dated January 21, 2025.

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

3. Compliance with COVID-19 Proclamations.

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.

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Charles D. Anderson, Principal-in-Charge Patrick Sullivan, Mayor/President

END OF EXHIBIT E

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1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

WATER AND WASTEWATER ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Wilsey Ham, Incorporated, hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

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Renewal shall be by mutual consent of CONSULTANT AND CITY/DISTRICT as approved by the City Council/District Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT. ANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT.
(b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

Invoices for amounts in excess of each Task Order shall not be paid unless the

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3 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 CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed,.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

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4 the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

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

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5 CITY/DISTRICT 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.

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6 CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’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.

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7 (d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

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8 performance of the work of this agreement.

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Wilsey Ham, Incorporated
3130 La Selva Street, Suite 100
San Mateo, CA 94403

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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9 unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

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10 These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Brandon Davis,
Principal Engineer

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11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

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12 EXHIBIT B

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

WATER AND WASTEWATER ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Wilsey Ham, Incorporated, hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

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13 •Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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14 EXHIBIT C

FEE SCHEDULE

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15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Wilsey Ham, Incorporated, hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

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by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Wilsey Ham, Incorporated, (“Consultant”) dated January 21, 2025.

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

3. Compliance with COVID-19 Proclamations.

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.

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Brandon Davis, Principal Engineer Patrick Sullivan, Mayor/President

END OF EXHIBIT E

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1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

GEOTECHNICAL ENGINEERING SERVICES
This Agreement is made and entered into as of the 21st day of January 2025 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Langan CA, Inc. (Langan) hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide Geotechnical Engineering related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

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CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

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4 federal requirements.

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

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5 standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

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6 efforts to perform its services under this Agreement in a manner consistent with that schedule.

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15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Langan CA, Inc.
135 Main Street, Suite 1500
San Francisco, CA 94105

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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

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

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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.

These conflict of interest, confidentiality and future service provisions and

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10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Stacy Jimenez, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Ramin Golesorkhi,
Principal

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11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

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12 EXHIBIT B

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

GEOTECHNICAL ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Langan Engineering and Environmental Services, Inc. (Langan), hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

The CITY/DISTRICT has developed a general scope of work as described below. 1) Peer review of geotechnical engineering reports
2) Site Investigations
3) Geologic Investigations
4) Soils and Asphalt Pavement Borings
5) Laboratory Testing
6) Non-destructive & destructive Testing
7) Prepare Geotechnical Reports
8) Pavement Section Design Alternatives
9) Retaining Wall Design Parameters
10) Shoring Design
11) Grading Observations
12) Other On-Call Services

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

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13 CONSULTANT shall submit to the CITY a monthly invoice whose format that shall include:
•List of CONSULTANT personnel, hourly rate and hours expended during the month in question along with a subtotal for CONSULTANT staff labor effort. •Itemized list of any sub-consultant staff who performed professional services during the month in question, hourly rates and hours worked during that time period and a subtotal for the subconsultants.
•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

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14 EXHIBIT C

FEE SCHEDULE

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15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated January 21, 2025, by and between Langan Engineering and Environmental Services, Inc. (Langan), hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

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ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

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20 Updated 4/20/2021
by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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:

END OF EXHIBIT D

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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Langan Engineering and Environmental Services, Inc. (Langan), (“Consultant”) dated January 21, 2025.

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

3. Compliance with COVID-19 Proclamations.

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.

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Ramin Golesorkhi, Principal Stacy Jimenez, Mayor/President

END OF EXHIBIT E

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4 3
1 DATE: January 21, 2025

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, District Manager
Marlene, Assistant District Manager

FROM: Andrew Brozyna, Public Works Director/District Engineer Laura Galli, Public Works Engineering Manager
Justin Lai, Public Works Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: TASK ORDER WITH BKF ENGINEERS FOR ON-CALL CIVIL ENGINEERING SERVICES IN THE AMOUNT OF $55,604 TO
PROVIDE A FEASIBILITY STUDY FOR CIP 455-710 SHELL

BRIDGE SANITARY SEWER FORCE MAIN REHABILITATION

PROJECT

RECOMMENDATION
It is recommended that the EMID Board of Directors adopt the attached resolution authorizing:

1. The EMID President to execute Task Order BKF-2025-01 with BKF Engineers in the amount of $55,604 to provide a feasibility study for CIP 455-710 Shell Bridge Sanitary Sewer Force Main Rehabilitation Project under the Master Professional Civil Engineering Services Agreement; and

2. The establishment of a contingency in the amount of $8,250 with authorization given to the District Manager or their designee, to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY

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4 3
1 The existing 16-inch sewer force main that crosses Shell Bridge developed a small crack which required an emergency repair. A temporary repair was completed at the beginning of 2021. One of the District’s on-call consultants, BKF Engineers (BKF), assessed the pipe and prepared a report indicating that more of the line is experiencing areas of deterioration. The District staff would like to further task BKF with performing a feasibility study to verify if lining the sewer force main would be a suitable solution for full rehabilitation. If this approach is determined to be feasible, BKF will provide a schematic design and cost estimate for the improvements.

Funding in the amount of $500,000 is available in the project budget. If lining the sewer force main is determined to be a feasible option, a recommendation will be brought back to the EMID Board to award a contract for a complete set of plans and specifications. If the sewer force main is not suitable for lining, the project scope will need to be modified to include a full replacement of the force main instead of rehabilitation.

BACKGROUND
On July 18, 2022, the City Council/EMID Board adopted City Resolution No. 2022-87 and approved a Master Professional Civil Engineering Services Agreement with BKF under which the City/District can access on-call civil engineering services to carry out specific tasks with the approval of a Task Order. BKF was selected through a competitive process, in accordance with the City’s purchasing policy, and was selected to provide on-call Civil Engineering Services. BKF has worked on several projects with Foster City and is fully qualified to manage, design, and support CIP 455-710.

An existing 16-inch force main, which is a pressurized pipe, was originally constructed in the 1960’s and is a critical infrastructure that conveys over 500,000 gallons of sewage (approximately one-third of the wastewater generated in the City) daily to the San Mateo Wastewater Treatment Plant. The force main is attached to the Shell Boulevard bridge crossing the lagoon. During a routine maintenance inspection, a small crack was identified on the top side of the force main. Express Plumbing Inc. (EPS) was hired to perform a temporary emergency repair. The repairs were completed in February 2021 and included replacement of the air release valve located on the force main at the high point of the bridge. The localized failure of the pipe and air release valve is attributed to the corrosive environment of wastewater and repeated exposure to hydrogen sulfide gas.

The District engaged BKF to perform a condition assessment of the 16-inch force main to determine the overall condition and the remaining useful life. The condition assessment discovered additional areas impacted by corrosion and concluded that the recent failure observed by the District was not an isolated event. Rehabilitation or full replacement of the pipe is necessary. If feasible, rehabilitation would be more cost effective over full pipe replacement and could achieve similar results.

ANALYSIS

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4 3
1 Further investigation is required to determine a suitable rehabilitation method for the 16- inch pipe along Shell Bridge. District staff investigated different options for rehabilitation but found that the most practical and cost-effective solution would be to line the existing pipe. A new layer of material would be installed within the existing pipe, which essentially creates a new pipe within the existing pipe extending the useful life up to 50 years. In order to do so, the feasibility of accessing the pipe and assessing its suitability for lining needs to be confirmed with the construction industry. The configuration of the piping attached to the bridge, including multiple right angles and access constraints, may present challenges for lining.

BKF will be tasked with evaluating the existing condition of the structural pipe supports, coordinating with contractors, and assessing the feasibility for lining. Currently the existing pipeline does not have lateral seismic support and may need additional structural modifications. If the rehabilitation is feasible based on the review, BKF will provide a report, schematic design and cost estimate for doing the work.

If a lining design is recommended, a scope of work for a full set of plans and specifications will be negotiated, and the project will be brought back to EMID Board of Directors for execution of a design agreement. If lining is determined infeasible, staff will return to the EMID Board of Directors with a plan for the replacement of the sewer force main. A full replacement of the sewer force main will be more involved and more costly.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities.

FISCAL IMPACT
The proposed fees in the amount of $55,604 have been determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $8,250 or approximately 15% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

The project is currently funded with a budget of $500,000.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Task Order BKF-2025-01

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2 9
3 5
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE EXECUTION OF A TASK ORDER

WITH BKF ENGINEERS FOR ON-CALL CIVIL ENGINEERING SERVICES IN THE AMOUNT OF $55,604 TO PROVIDE A FEASIBILITY STUDY FOR CIP 455-710 SHELL BRIDGE SANITARY SEWER FORCE MAIN REHABILITATION PROJECT; AND

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

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 301-710 is intended to repair/rehabilitate the Shell Bridge sanitary sewer force main, which carries one third of the city’s daily sewage and experienced a crack that was addressed through temporary repair; and
WHEREAS, a condition assessment performed by BKF, identified other areas of the force main interior to be corroded, requiring either rehabilitation or replacement to ensure reliability of the facilities; and
WHEREAS, on July 18, 2022, the City Council/EMID Board of Directors approved a Master Professional Civil Engineering Services Agreement with BKF Engineers (BKF) under which the City can access on-call professional services by Task Order; and WHEREAS, BKF will assess the existing pipe to verify if lining the pipe would be a feasible rehabilitation; and
WHEREAS, BKF will provide a feasibility report, schematic design, and cost estimate for fully rehabilitating the pipe if lining is recommended; and WHEREAS, funding has been budgeted in the amount of $500,000 for the CIP; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

1. The President to execute Task Order BKF-2025-01 with BKF Engineers in the amount of $55,604 to provide a feasibility study for CIP 455-710 Shell Bridge Sanitary Sewer Force Main Rehabilitation Project under the Master Professional Civil Engineering Services Agreement; and

2. The establishment of a contingency in the amount of $8,250 with authorization given to the District Manager, or his designee to execute contract amendments up to the contingency amount.

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174

2 9
3 5
BE IT FURTHER RESOLVED that the President is hereby authorized to execute the Task Order, in the forms attached hereto, with minor, non-substantive revisions that may be approved by the District Manager and the District Legal Counsel, and to execute any other necessary documents to effectuate the terms of the Task Order.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of January 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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175

TASK ORDER NO. BKF-2025-01

TO MASTER CIVIL ENGINEERING SERVICES AGREEMENT

This Task Order No. BKF-2025-01 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and BKF Engineers ("Consultant").

RECITAL
A. City/District and Consultant entered into an agreement entitled Master Civil Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform professional Civil Engineering services and related services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $55,604 (including all hourly billings as well as reimbursable costs.

IN WITNESS WHEREOF, the City/District and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City/
Estero Municipal Improvement District Consultant

_____________________________ _________________________ By: Stacy Jimenez By: Sravan Paladugu
Title: President Title: Principal
Date: _________________________ Date: _____________________

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176

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

PROFESSIONAL ON-CALL CIVIL ENGINEERING SERVICES

This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated July 18, 2022, by and between BKF Engineers, hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as " CITY/DISTRICT" providing for professional services.

DESCRIPTION OF PROJECT

See attached proposal.

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BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300 BKF No. P20211454-10
December 17, 2024
Laura Galli, P.E.

Engineering Manager
City of Foster City
610 Foster City Boulevard, Foster City, CA 94404
Transmitted Via Email: [email protected]
S
ubject: Shell Bridge Sanitary Sewer Force Main (CIP 710) Feasibility Study
Dear Laura:

B
KF Engineers welcomes the opportunity to submit this proposal to evaluate repair or replacement options for the existing 16-inch sanitary sewer force main on Shell Boulevard between Bounty Drive and Catamaran Street. To arrive at the estimated effort required by our office for this project, we have provided our understanding of the project and outlined a proposed scope of services, assumptions, and associated fee.

I. P

ROJECT UNDERSTANDIN G
The 16-inch force main was originally constructed in the 1960’s and is a critical facility which delivers over 500,000 gallons of sewage (approximately one-third of the wastewater generated in the City) daily to the San Mateo Wastewater Treatment Plant. The force main is attached to the Shell Boulevard bridge crossing the lagoon.

During a routine maintenance inspection, a small crack was identified on the top side of the force main. Express Plumbing, Inc. (EPS) was hired to perform a temporary emergency repair. While prepping the pipe to install a full circle repair clamp to stop the leak, the crack deteriorated further creating a 12-inch diameter hole on the top side of the pipe. The repairs were completed in February 2021 and included the in-house replacement of the air release valve located on the force main at the high point on the bridge. The localized failure of the pipe and air release valve is attributed to the corrosive environment of wastewater and repeated exposure to hydrogen sulfide gas.

District engaged BKF to perform condition assessment of the 16-inch force main to determine the overall condition of the force main and the remaining useful life. The condition assessment found other areas of force main interior to be severely corroded and concluded that the recent failure observed by the City was not an isolated event and rehabilitation is required to extend useful life.

As part of this study, City would like to investigate feasibility of rehabilitating existing force main to extend the service life and associated cost.

II. SC

OPE OF SERVICES
The Scope of Services is limited to evaluating the feasibility and constructability of the rehabilitating existing pipe u
sing pipe lining
TASK 1: P ROJECT MANAGEMENT
This task includes project monitoring and administration, attendance in project meetings, project coordination, d
efining and tracking tasks, preparation of progress schedules and quality assurance/quality control (QA/QC) activities.

EXHIBIT A

5.6 Attachment 2 - Task Order BKF-2025-01

178

December 17, 2024

Page 2 of 4 ends

Foster City City CouncilJanuary 21, 2025

Foster City City Council
January 21, 2025