RESOLUTION NO. __________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT ACCEPTING THE WORK BY PERFORMANCE
MECHANICAL, INC. FOR THE LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695) AND DIRECTING THE DISTRICT SECRETARY TO FILE
THE NOTICE OF COMPLETION
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Public Works Director/District Engineer has filed with the District Secretary the Notice of Completion for the work known as the Lift Station 59 Effluent Line Improvements Project (CIP 455-695) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the Estero Municipal Improvement District and Performance Mechanical, Inc. dated October 7, 2024; and WHEREAS, on October 7, 2024, the EMID Board found that this project was categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) (Common Sense Exemption) and 15301(Class 1- Existing Facilities); and
WHEREAS, on March 8, 2026, a Notice of Exemption was filed with the County of San Mateo under file number 128230 and posted for thirty calendar days; and WHEREAS, the District Manager has executed Documents 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and WHEREAS, Performance Mechanical, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the Board of Directors that said work has been completed in an acceptable manner; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:
1. The acceptance of said work subject to reservation of all District's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to District; and
2. The District Secretary to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/District Engineer; and
3. The District Secretary to notify Performance Mechanical, Inc. that the Construction Performance Bond No. 108130341 from Travelers Casualty and Surety Company of America may be released one year following the recordation of the Notice of Completion; and
4. The District Secretary to release the Labor and Material Bond No. 108130341 from Travelers Casualty and Surety Company of America, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 3 rd day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ART KIESEL, PRESIDENT
ATTEST:
______________________________________
PRISCILLA SCHAUS, DISTRICT SECRETARY