Foster City City Council
August 1, 2022

ATTACHMENT 3 – SUMMARY OF BILL AMENDMENTS
Bill No. & Author Summary of Bill as Amended (After 06/06/22) SB 1131 (Newman) Changed Address Confidentiality for Election Workers program to be encompassed by Address Confidentiality for Reproductive Health Care Service Providers, Employees, Volunteers, and Patients, and Other Individuals Who Face Threats or Violence Because of Work for a Public Entity
Would allow individuals who face threats of violence, harassment, or violence because of their work for a public entity to participate in the SOS’s existing address confidentiality program for reproductive health care service providers. The newly expanded SOS program would have the same application requirements for both those in the reproductive health care field, and the more general category of those who face threats, harassment, or violence because of their work for a public entity.
adds “harassment” as a basis for reproductive health care workers and others in that field to qualify for the existing Safe at Home program for reproductive health care service providers.  Individuals who work for public entities would also be able to qualify for the program based upon “harassment.”  in order to qualify for the newly expanded SOS address confidentiality program, applicants would have to provide the following, virtually identical to the application process for reproductive health care workers, volunteers, and patients under current law:
(1) Documentation showing that the individual is to commence employment or is currently employed in an occupation where employees have faced threats of violence, harassment, or violence from the public because of their work for a public entity.
(2) A sworn statement that the applicant fears for their safety or the safety of their family, or the safety of the minor or incapacitated person on whose behalf the application is made, due to their work for a public entity.

Allows additional flexibility to both reproductive health care workers and the new category of individuals who face violence, harassment or threats of violence because of their work for a public entity by allowing them to submit one of the following in lieu of a certified statement by the employer.
(1) a certified statement signed by the applicant, stating that they have been the target of threats, harassment, or acts of violence within one year of the date of the application because of their occupation or (in the case of a reproductive health care worker only) volunteer work;
(2) one of the following types of restraining orders issued after a noticed hearing: (a) a workplace violence restraining order described in Section 527.8 of the Code of Civil Procedure, or (b) a civil restraining order described in Section 527.6 of the Code of Civil Procedure, issued on the basis of threats or acts of violence connected with the work, employment, or (in the case of a reproductive health care worker only) volunteer service which protects the applicant or the minor or incapacitated person on whose behalf the application is made. 195

Defines:
“Harassment” as repeated, unreasonable, and unwelcome conduct directed at a targeted individual that would cause a reasonable person to fear for their own safety or the safety of an immediate family member, domestic partner, or co- habitant. Harassing conduct may include, but is not limited to, following, stalking, phone calls, or written correspondence.
“Public entity” means a federal, state, or local government agency. “Work for a public entity” means work performed by an employee of a public entity, or work performed for a public entity by a person pursuant to a contract with the public entity.

As Amended 6.16-
title changed: Safe at Home program: election workers and reproductive health care providers. Address confidentiality:
public entity employees and contractors.
Changed “election worker” to “qualified worker”
“Qualified worker” means a person who is employed by or contracts with the Secretary of State or a local election office who performs election-related work and interacts with the public or is observed by the public doing election- related work, but does not include a person who is a precinct board member who does not otherwise perform election-related work. For the purposes of this section, a qualified worker is not limited to those who exclusively perform direct election-related work for the Secretary of State or local election offices.

Requires the Secretary of State to submit to the Legislature no later than January 10 of each year a report that includes the total number of applications received for the program established by this section and that discloses the number of program participants within each county and describe any allegations of misuse relating to election purposes.

AB 2807 (Bonta) Expands the definition of zero or near-zero emission vehicles to include public transportation ferries (now defined as a commercial harbor craft)
Allows zero or near-zero emission vehicles to be eligible to receive funding from:
The Clean Truck and Bus Program
o By specifically listing commercial harbor craft as eligible to apply for funding instead of requiring them to rely on the statute’s “including, but not limited to” language to be viewed as a permitted applicant.  The Clean Transportation Program (CTP)
The Air Quality Improvement Program (AQIP)
oBy specifically listing commercial harbor craft as eligible to apply for funding instead of requiring them to rely on the statute’s “including, but not limited to” language to be viewed as a permitted applicant 196

The Low Carbon Transit Operations Program (LCTOP)
SB 922 (Weiner) Exempts from CEQA, until January 1, 2030, active transportation plans and pedestrian plans, if the lead agency holds noticed public hearings and files a notice of exemption (NOE) with the Office of Planning and Research (OPR).

For the exemptions added by SB 288 (Weiner, enacted, 2020) , extends the January 1, 2023 sunset until 2030, and makes the following changes to SB 288’s general requirements:
Allows a local agency, instead of requiring a public agency, to carry out the project and be the lead agency. Prohibits a project from inducing single-occupancy vehicle trips, adding additional highway lanes, widening highways, or adding physical infrastructure or striping to highways except as specified.

Makes the following changes to individual SB 288 project exemptions:
Applies to pedestrian and bicycle facilities that improve safety, access, or mobility. Expands “transit prioritization projects” to include:
oSignal and sign changes such as the installation of traffic signs or new signals. oConversion to dedicated transit lanes, including transit queue jump or bypass lanes and turn restrictions. oNarrowing of lanes to allow for dedicated transit lanes or transit reliability improvements. oWidening of existing transit travel lanes by removing or restricting street parking. oTransit stop access and safety improvements.

Exempts the designation and conversion of general-purpose lanes to high-occupancy vehicle lanes or bus-only lanes, or highway shoulders to part-time transit lanes.

Defines “part-time transit lanes” as designated highway shoulders that support the operation of transit vehicles during specified times and are not open to nonpublic transit vehicles at any time.

Exempts projects for the institution or increase of existing BRT, bus, or light rail service, including the rehabilitation of stations, terminals, or existing operations facilities, as specified. Retroactively applies these changes to projects where lead agency filed an NOE before January 1, 2023.

Expands exemption for projects to construct or maintain infrastructure to charge or refuel zero-emission buses to include infrastructure for zero-emission transit trains and ferries. Requires specified noticed public meetings for this exemption to apply.
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Exempts eliminating minimum parking requirements, instituting parking maximums, removing or restricting parking, and implementing transportation demand management requirements or programs.

Requires, for SB 288 projects that exceed $100 million the local agency to complete an analysis of residential displacement and suggest anti-displacement strategies, designs, or actions where 50 percent of the project or project’s stops and stations are located in an area that is at-risk of residential displacement, as identified by the lead agency, and that will have a maximum of 15-minute peak headways.

AB 2953 (Salas) Requires:
Caltrans and local agencies, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method – this is current law for agencies that receive funding from the Road Maintenance and Repair Account. Local agencies, beginning January 1, 2024 and to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways. Until January 1, 2027 those standard specifications must allow recycled materials at or above the level allowed in Caltrans’ standard specifications that were in effect on October 22, 2018 for recycled base and subbase materials, reclaimed asphalt pavement and other materials in asphalt, and reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete, as specified.

Exempts any city whose revenue is not more than 0.02% of the total of all California city revenues, or any county whose revenue is not more than 0.10% of the total of all California county revenues, as defined. (*CalCities ran an analysis of city operating revenues and this would apply to most cities statewide; Author states intent is to exclude the lowest 25% of cities and counties)
SB 1157 (Hertzberg) Beginning January 1, 2025 this bill would change the change the standards for indoor residential water use gallon per capita daily (gpcd) to reflect those recommended by DWR and the SWRCB in a November 2021 report to the Legislature. Specifically:
Beginning January 1, 2025, until January 1, 2030 – 47 gpcd. Beginning January 1, 2030 – 42 gpcd.

The bill would additionally require the department, in coordination with the board to conduct necessary studies and investigations to assess and quantify the economic benefit and impacts of meeting the 2030 indoor residential use standard on water, wastewater, and recycled water systems and to submit a report of the same to the Legislature. 198

DWR to conduct necessary studies and investigations to assess and quantify the economic benefits and impacts of meeting the 2030 indoor residential use standard on water, wastewater, and recycled water systems Shall include saturation end-use studies.
The studies and investigations shall build on studies undertaken pursuant to 106902 (c). To facilitate these studies and investigations, the board may request necessary information from wastewater agencies including, monthly influent flow, actions taken to reassess treatment processes, and the impact of the implementation of this chapter on wastewater operations, maintenance, and capital investment. DWR shall summarize the findings of these studies and investigations in a report to the Legislature by January 1, 2027. If DWR in coordination with the SWRCB determines that achieving the 2030 indoor residential use standard unduly impacts affordability of water and wastewater services, the department and board may jointly recommend to the Legislature a more appropriate timeframe to achieve the 2030 indoor residential use standard. Based upon the studies and investigations conducted, the board shall consider whether to adopt additional variances to accommodate unique challenges related to residential indoor water use pursuant to section 10609.2. Variance options may include, but are not limited to, stranded assets, impacts on disadvantaged communities, impacts to environmental flows, or adverse impacts to wastewater systems.

By January 1, 2028, DWR in coordination with SWRCB shall submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective. The requirement for submitting a report is inoperative on January 1, 2032.

AB 2011 (Wicks) This measure is incredibly comprehensive and places a variety of requirements and standards on developers and local agencies. As it pertains to local agencies. This measure:

By Right Approval for Affordable Housing in Commercial Corridor:
“Commercial Corridor” is defined as section 360 of the vehicle code that is not a freeway as defined in section 332 of the vehicle code and that has a right-of-way, as defined in Section 525 of the vehicle code of at least 70 and not greater than 150 feet.

VEH 360: “Highway” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
VEH 332: “Freeway” is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access.
“Right-of-way” is the privilege of the immediate use of the highway. 199

Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a housing development shall be a use by right within a zone where office, retail, or parking are a principally permitted use and shall be subject to streamlined, ministerial review if the development satisfies all of the following:
It is a legal parcel or parcels that meet either of the following:
It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. For purposes of this subdivision, “dedicated to industrial use” means either of the following:
The square footage is currently being used as an industrial use. The most recently permitted use of the square footage is an industrial use. It is not located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable cost, Or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
The development shall be a multifamily housing development project. The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2.
The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
The applicable standards shall be those for the zone that allows residential use at a greater density between the following:
The existing zoning designation for the parcel if existing zoning allows multifamily residential use.

By Right Approval: Mixed-Income Housing Development Along Commercial Corridors 200

Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a housing development shall be a use by right within a zone where office, retail, or parking are a principally permitted use and shall be subject to streamlined, ministerial review if the development satisfies all of the following:
It is located on a legal parcel or parcels that meet either of the following:
It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.
The site is not greater than 20 acres.
At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. For purposes of this subdivision, “dedicated to industrial use” means either of the following:
oThe square footage is currently being used as an industrial use. oThe most recently permitted use of the square footage is an industrial use. It is not located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code. The development is not located on a site where any of the following apply:
oThe development would require the demolition of the following types of housing:
o Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. oHousing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
o Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. oThe site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article.
oThe development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
oThe property contains four or fewer dwelling units.
oThe property is vacant and zoned for housing but not for multifamily residential use. 201

oThe existing parcel of land or site is governed under the Mobilehome Residency Law or the Special Occupancy Parks Act
Ministerial Review and Approval Criteria Applicable to Both Project Types:
Ministerial review of a development application under this bill must comply with the following:
oRequires the local agency to provide written documentation to the development proponent if it determines that the proposed development conflicts with any of the objective planning standards identified in this Act within:
60 days of the submittal to the local government for projects fewer than 150 units. 90 days of the submittal to the local government for projects of more than 150 units. Provides that the development shall be deemed in compliance if the required documentation of a conflict with the objective planning standards is not provided. Deems a development consistent with objective planning standards if substantial evidence exists that would allow a reasonable person to conclude that it is consistent. Provides that a determination of whether or not a proposed development is in conflict with objective planning standards is not a “project” under the California Environmental Quality Act (CEQA). Deems a subdivision application exempt from CEQA if it is consistent with all objective subdivision standards in the local subdivision ordinance.
Requires design review to be performed (within 90 days for projects less than 150 units and 180 days for projects with more than 150 units) by the planning commission, other equivalent board or commission, or the local legislative body.

The design review must meet specified “objective’ criteria that is similar to other objective design review processes included in recently enacted state laws.
Provides that projects approved under this Act shall be subject to the expiration timeframes in Sec. 65913(f), which are unlimited if the project both relies on public subsidies (beyond tax credits) and at least 50 percent of the units are for lower income households, or three years from the date of the approval, with additional extensions for projects deemed “in progress.”
Allows for project modifications if they are submitted to the local agency before issuance of the final building permit, in accordance with various criteria specified in Sec. 65913(g). Prohibits a local agency from imposing any requirements, including increased fees or inclusionary housing requirements, solely or partially on the basis that the project is eligible for streamlined ministerial approval under this Act.
Requires the local agency to issue subsequent permits and undertake public improvements consistent with the provisions of Sec. 65913(h) (2) and (3).
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Density Requirements
Defines “metropolitan jurisdiction” consistent with existing law, which generally designates cities and counties located within a Metropolitan Statistical Area (MSA) with a population of more than two million, or cities in smaller MSAs with a population of greater than 100,000. Note: Foster City is a nonmetropolitan jurisdiction.

In a jurisdiction that is a nonmetropolitan jurisdiction, the residential density for the development shall meet or exceed the greater of the following:
The residential density allowed on the parcel by the local government. oFor sites of less than one acre in size, 20 units per acre. o For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre.
oFor sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre.
oThe height limit applicable to the housing development shall be the greater of the following:
oThe height allowed on the parcel by the local government. oFor sites on a commercial corridor of less than 100 feet in width, 35 feet. oFor sites on a commercial corridor of 100 feet in width or greater, 45 feet oNotwithstanding for sites within one-half mile of a major transit stop, 70 units per acre.

New Housing Element Requirements
Requires projects in this measure be included in the housing element. More specifically:
The location of a proposed project
The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
The number of units in the project.
The number of units in the project that are rental housing. The number of units in the project that are for-sale housing. The household income category of the units
AB 2234 (Rivas) Requires that a jurisdiction specifying in detail the information that will be required from any applicant for a postentitlement phase permit. In addition, the local agency shall:
Post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least five types of house development projects including but not limited to:
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oAccessory dwelling unit
oDuplex
oMultifamily
oMixed use, and;
oTownhome
Provides a notice and cure provision for an incomplete application submitted to the public agency Prohibits local agency from providing additional items not required on the original list.

For a housing development project with 25 or fewer units the local agency shall complete review and reach a determination on each postentitlement phase permit requested not later than 30 business days after the local agency determines that an application for a postentitlement phase permit is complete. (This time is extended to 60 days on projects of 26+ units). Failure to comply with timelines as specified results in a violation of Gov Code Section 65589.5 (Housing Accountability Act)
Requires jurisdictions within a county with a population of less than 1.4 million or any city with a population less than 75,000 as determined by the 2020 census to comply with the following provisions no later than January 1, 2028:
“Postentitlement phase permit” includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the local agency to begin construction of a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following:
(i) Building permits, and all inter-departmental review required for the issuance of a building permit. (ii) Permits for minor or standard off-site improvements. (iii) Permits for demolition.
(iv) Permits for minor or standard excavation and grading.

A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a local agency.

AB 2097 (Friedman) Prohibits public agencies located within a county with a population size of 600,000 or more imposing minimum parking requirements for the following if located within one-half mile of transit as defined:
a residential development of 40 or fewer units,
a mixed-use development within 40 or fewer units,
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 residential or mixed-use development of any size in which at least 11 percent of the units will be affordable to very low-income households, 20 percent of the units will be affordable to lower income households, or 40 percent of the units will be affordable to moderate-income households for at least 55 years. Sets applicability requirements based on the population of the County in which the agency is located in (e.g., more than 600K and less than 600K)
Exempts hotels, motels, bed and breakfast inn or other transient lodging uses as well as event centers from the bill’s provisions.
States that these provisions do not apply to commercial parking requirements of it conflicts with an existing contractual agreement of the public agency that was executed on or before January 1, 2023, provided that all of the required commercial parking is shared with the public.
Defines public transit as
oa site containing any of the following:
oAn existing rail or bus rapid transit station.
oA ferry terminal served by either a bus or rail transit service. oThe intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” If a jurisdiction is located within a county of less than 600,000 there are various changes of applicability, most notably a reduction of applicability to one-quarter mile within transit as defined above.

SB 897 (Wieckowski) Imposes objective standards on accessory dwelling units that include but are not limited to: Parking, height, setback, landscape, architectural review, maximum size of a unit and standards to precent adverse impacts on any real property as listed in the California Register of Historical resources.

States that a local agency may impose a height limitation for a detached ADU of not less than 18 feet in height under the following circumstances:
One-half mile of a major transit stop or a high-quality transit corridor oA local agency shall allow an additional 2 feet a roof pitch that is aligned with the roof pitch of the primary residence
If the unit is on a lot that has an existing multifamily, multiunit dwelling States that a local agency may impose a height limitation for an attached ADU of not less than 25 feet in height or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower 205

A local agency shall not impose parking standards for an ADU in the following circumstances:
Where the unit is located within one-half mile of public transit. Where the unit is located within an architecturally and historically significant district Where the unit is part of the proposed or existing primary residence or accessory structure When there is a car share vehicle located within one block of the unit Local building code requirements that apply to detached dwellings except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations). Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was only permitted for nonresidential use and was subsequently converted into a residential use
A local agency shall not deny a permit for an unpermitted ADU that was constructed before January 1, 2018 due:
The ADU is in violation of building standards pursuant to Article ` chapter 5 of Part 1.5 of Division of 13 of the Health and Safety Code.
The ADU does not comply with Section 65852.2 or any local ordinance regulating ADUs Notwithstanding the above, a local agency may deny a permit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. Provides that these provisions do not apply to a building that is deemed substandard pursuant to 17920.3 of the Health and Safety Code (Note: this section is comprised of comprehensive list of various building standards). Defines transit stop as
oa site containing any of the following:
oAn existing rail or bus rapid transit station.
oA ferry terminal served by either a bus or rail transit service. Defines high-quality transit corridor as:
omeans a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

AB 916 (Salas) Prohibits a city or county from adopting or enforcing an ordinance that requires a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling. The bill provides that this prohibition only applies to applications for adding no more than two additional bedrooms within an existing unit, and that it shall not be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. 206

AB 916 also increases the height that must be allowed to 25 feet*** (from 16 feet in existing law) if the ADU is within one half mile walking distance of a major transit stop or high-quality transit corridor, as defined, or if the ADU is attached to the primary dwelling.
**Note: Amendments are not yet in print, however the author has agreed, on the record during the Senate and Governance Finance committee (06/29) to amend the bill in August to align with the height requirements outlined in SB 897 (Wieckowski)***
AB 2449 (Rubio) If a legislative body elects to engage in teleconferencing without posting the physical location of officials who are not present the local agency shall be required to:
Require that a quorum of the legislative body be in a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. Provide at least one of the following
oA two-way audiovisual platform
oA two-way telephonic service and a live webcasting of the meeting. Properly notice the manner in which the public can engage as outlined above.

States that is an official is participating remotely (without posting physical location and making it accessible to the public) they must:
Member must notify the legislative body at the earliest convenience, including at the start of the meeting of their need to participate remotely.
Must provide a not-to-exceed 20-word general description as to the need to participate remotely The Member must publicly disclose at the meeting prior to action being taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the relationship with that individual(s).
The Member must participate through both audio and visual technology The legislative body must take action to permit the member to participate in the meeting at the start of the meeting.

A member of a legislative body can only participate remotely (without posting physical location and making it accessible to the public) for Emergency Circumstances or Just Cause in the following circumstances:
Emergency circumstances: a physical or family medical emergency that prevents a member from attending in person. Just cause:
oA childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
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oA contagious illness that prevents a member from attending in person. oA need related to a physical or mental disability (as defined) Measure has a delayed implementation until January 1, 2024, and expires on January 1, 2026 208

DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Louis Sun, Public Works Director

SUBJECT: REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN,
BIDDING, AND CONSTRUCTION SUPPORT SERVICES –
RECREATION CENTER REPLACEMENT PROJECT (CIP 301-
678)

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution approving and authorizing staff to issue the attached Request for Proposal (RFP) for professional design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678).

EXECUTIVE SUMMARY

The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301- 678 consists of the replacement of the City’s Recreation Center using a build- to-budget approach. Staff is recommending issuing an RFP for design, bidding, and construction support services to hire a consultant team to assist staff in providing a complete and usable facility with the intention to construct the new facility roughly within the same building footprint as the existing building. In alignment with the City’s Climate Action Plan, it is also assumed at this time that a minimum of LEED Silver certification will be required, and 209
energy efficient upgrades/improvements are to be incorporated where possible.

Adequate funding is available in the project budget for design, bidding, and construction support services. The attached resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates the award of an agreement for design, bidding, and construction support services will be considered by the City Council in November 2022.

BACKGROUND

The William E. Walker Recreation Center opened to the public in 1974. Due to its location as a central amenity in Foster City’s Leo J. Ryan Park, the center is a hub of activity in the community.

The current Recreation Center consists of the original building that was built in 1974 and two expansion wings that were constructed in the 1990s. The current structure contains approximately 18,500 square feet of meeting room/user space in the 36,000 square foot building, with the remaining space allocated to lobbies, storage, mechanical rooms and long hallways to access the phased additions. Because the building was originally three separate structures that were combined into one building with one roof in 1997, multiple roof penetrations were added to install HVAC equipment and aesthetic screens on the flat deck of the roof. Due to the construction history and the piecemeal way in which it was constructed, several structural issues are known or anticipated related to water intrusion. The age of the building and its emergency shelter readiness are all factors that should be considered when addressing its infrastructure needs.

In 2016, the City Council began exploring a rebuild of the Recreation Center.

Significant outreach was conducted from 2016 to 2017 to assess community needs regarding the Recreation Center. In 2018, the City entered into an agreement with Burks Toma Architects to develop a conceptual design plan for a new facility. In 2019, the City Council agreed on a design concept, but ultimately opted for a build-to-budget option with a cost not to exceed $40 million. However, the project was placed on hold in August 2019. In 2021, the City Council requested staff to revisit the Recreation Center Replacement Project, and in June 2021 the City Council received an update on the status of the project.

At the regular City Council meeting on August 2, 2021, staff provided a report 210
on the engagement process for the Recreation Center Replacement Project, including a draft Recreation Center and Parks System Survey. Following that meeting, staff worked with Zencity, a civic engagement platform, to distribute a community survey to validate programming and use options, and how those may have changed as a result of the COVID-19 pandemic.

At the City Council special meeting on January 31, 2022, staff provided an update on the Recreation Center Replacement Project including the results of the Recreation Center and Parks System Survey, funding options, and provided additional information regarding the build process and design options. The City Council accepted the Recreation Center and Parks System Survey results and proposed to move forward with the “build-to-budget” option with a not-to-exceed budget of $55 million by using $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund 001 Reserves.

Subsequently, at the City Council regular meeting on March 7, 2022, the City Council confirmed via Minute Order No. 1843 its intent to transfer the funds, as well as provided direction to City staff to proceed with the RFP process for design, construction management, inspection services, and materials testing, including the request for additional staffing to support the project among other needs within the Public Works Department. On March 21, 2022, the City Council adopted Resolution No. 2022-26 authorizing the aforementioned transfer of funds. The City Council formally approved additional staffing with the adoption of the City budget on June 20, 2022.

ANALYSIS

It is a standard practice for the City to use consultants for professional engineering services and other specialty professional services for CIP projects and private development projects to support the operations of the City. Consultants assist staff with specific areas of technical and professional expertise necessary to complete the project. Consultants are solicited through an open and competitive RFP process. The RFP process is used to identify consulting firms with the necessary background and experience to provide services as well as to make certain the cost for services is competitive. Staff coordinated outreach with various local agencies regarding their experience with soliciting services for similar projects, which included recommendations on the process/scope and example documents from which language was incorporated.

211
The City will request proposals from qualified firms to provide the various professional design services required for the design-bid-build process of the Recreation Center Replacement Project. The selected firm may develop up to two conceptual floor plans prior to refinement and development of construction documents. The selected firms will be required to have completed similar projects and possess experience in the services mentioned above. Staff members will review the submitted proposals per a qualification- based selection process and rank the top three firms for interview by an evaluation committee. Staff recommends the evaluation committee include representation from the Parks and Recreation Department, Public Works Department, Parks and Recreation Committee, and the City Council Infrastructure/Facilities Subcommittee. The top three scoring design firms will present their proposals to the evaluation committee for consideration. The evaluation committee will deliberate and select the final firm. City staff will negotiate with the selected firm on the final scope and fee amount to recommend to City Council for approval.

The attached resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates the award of the agreement for design, bidding, and construction support services will be considered by the City Council in November 2022.

FISCAL IMPACT

There is no significant cost to issue the RFP. The cost for the consultant contract will be brought to the City Council along with the contract approval action.

At the City Council regular meeting on March 21, 2022, the City Council adopted Resolution No. 2022-26 authorizing the appropriation of funds in the amount of $36 million from the Capital Asset Acquisition and Replacement Fund and $19 million from the General Fund Reserves to City CIP Fund 301 for CIP 301-678. The approved balance increase of $55 million includes adequate funding for the professional design, bidding, and construction support services contract.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item directly aligns with the City Council’s “Facilities and Infrastructure” Value/Priority Area which prioritizes maintaining, “a standard of excellence with regards to infrastructure, including… City facilities to preserve and 212
enhance quality of life for future generations.”

Attachments:
 Attachment 1 - Resolution
 Attachment 2 - Request for Proposal

213
RESOLUTION NO.____________

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

APPROVING AND AUTHORIZING STAFF TO ISSUE THE REQUEST FOR PROPOSAL

FOR PROFESSIONAL DESIGN, BIDDING, AND CONSTRUCTION SUPPORT SERVICES FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301- 678)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wishes to seek qualified consultants to provide design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678); and
WHEREAS, the Request for Proposal (RFP) process is used to identify consulting firms with the necessary background and experience to provide services and ensure the cost for services is competitive; and
WHEREAS, the RFP for these services was prepared; and
WHEREAS, funding in the amount of $300,000 was approved in FY 2017/2018 for CIP 301-678; and
WHEREAS, an appropriation of additional budget of $55 million to CIP 301-678 was authorized in FY 2021/2022; and
WHEREAS, hiring a consultant firm with qualified personnel experienced in the services required will provide assistance to staff in specific areas of technical and professional expertise; and
WHEREAS, there is adequate funding available in the approved budget for CIP 301-678 to fund the design, bidding, and construction support services; and WHEREAS, with City Council approval, staff will issue the RFP and initiate the consultant selection process.

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

1. Approve the attached Request for Proposal for design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678); and

2. Authorize the issuance of the Request for Proposal; and

3. Authorize the initiation of the consultant selection process. 214
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
215

CITY OF FOSTER CITY

REQUEST FOR PROPOSAL

PROFESSIONAL DESIGN, BIDDING, AND

CONSTRUCTION SUPPORT SERVICES
FOR

THE RECREATION CENTER REPLACEMENT PROJECT
(CIP 301-678)
PROPOSAL SUBMITTAL DEADLINE: FRIDAY, SEPTEMBER 2, 2022 at 2:00 PM RETURN PROPOSAL TO:

City of Foster City
Public Works Department
Attn: Francine Magno
Senior Civil Engineer
610 Foster City Blvd.

Foster City, CA 94404
216
INDEX

SECTION
I. INTRODUCTION
II. GENERAL INFORMATION
III. MANDATORY, PRE-PROPOSAL MEETING
IV. PROPOSAL REQUIREMENTS
V. PROPOSAL SUBMITTAL REQUIREMENTS
VI. CONSULTANT SELECTION PROCESS
VII. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND

MANAGEMENT AND PROJECT CONTROLS
VIII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE

REQUIREMENTS

ATTACHMENTS
A. DRAFT SCOPE OF SERVICES
B. STANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE

INSURANCE REQUIREMENTS
217
Request for Proposal

REQUEST FOR PROPOSAL

FOR PROFESSIONAL DESIGN, BIDDING, AND

CONSTRUCTION SUPPORT SERVICES
FOR

THE RECREATION CENTER REPLACEMENT PROJECT
(CIP 301-678)
SECTION I. INTRODUCTION
The City of Foster City (City) is seeking a professional consultant team to provide design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678). To that end, the City invites qualified consulting firms to submit proposals.

Consultants shall examine all information in this Request for Proposal (RFP), including the attachments.

Consultants are encouraged to attend a mandatory, pre-proposal meeting on Tuesday, August 16, 2022. The deadline for submitting questions about the proposal is Monday, August 22, 2022 at 5:00 pm. The City will consider proposals received on or before the proposal submittal deadline of Friday, September 2, 2022 at 2:00 pm. The City may extend the proposal submittal deadline if the City receives an inadequate amount of applicant response. Interested consultants will be notified via an addendum.

SECTION II. GENERAL INFORMATION
Consultant shall provide a proposal for professional design, bidding, and construction support services for CIP 301-678 as described below.

CIP 301-678 involves the replacement of the City’s Recreation Center. The current center, located at 650 Shell Boulevard, was opened to the public in 1974. Due to its location as a central amenity in Foster City’s Leo Ryan Park, the center is a hub of activity in the community. The current Recreation Center consists of the original building that was built in 1974 and two expansion wings that were construction in the 1990s. The current structure contains approximately 18,500 square feet of meeting room/user space in the 36,000 square foot building, with the remaining space allocated to lobbies, storage, mechanical rooms and long hallways to access the phased additions. Because the building was originally three separate structures that were combined into one building with one roof in 1997, multiple roof penetrations were added to install HVAC equipment and aesthetic screens on the flat deck of the roof. Due to the construction history, several structural issues are known or anticipated related to water intrusion. The age of the building and the piecemeal way in which it was constructed contribute to the current need for a rebuild that would best meet the recreational needs of the Foster City community and the infrastructure needs of the City both now and in the years to come. 218
Request for Proposal

The Recreation Center is designated as an Emergency Shelter and is classified as an essential facility. The Recreation Center is to be designed, constructed, and maintained in conformance with the California Health and Safety Code sections 16000 through 16022 and the California Building Standards. Consultants shall have an adequate level of expertise and experience applicable to essential facilities.

In 2016-2017, the City performed comprehensive outreach to engage the community for the project. A variety of methods, including one-on-one meetings, focus groups, public meetings, and an online and paper survey, were used to engage a wide variety of stakeholders and collect diverse viewpoints and opinions. Using the input received during the public outreach process, several conceptual design plans were produced by Burks Toma Architects to help focus the options and opportunities for the facility. As part of the professional design services for CIP 301-678, the scope will include conceptual design refinement, during which time the conceptual design options will be revisited or reconsidered based upon new input and budget constraints.

Consultants shall bear all costs and assume all liability associated with developing and/or submitting proposals. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.
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Request for Proposal

SECTION III: MANDATORY, PRE-PROPOSAL MEETING
Interested consultants shall attend a mandatory, pre-proposal meeting. The pre-proposal meeting will be held at City Hall located at 610 Foster City Boulevard, Foster City, CA 94404 on Tuesday, August 16, 2022 at 9:00 AM.

The meeting will also be accessible via Zoom. Dial-in information is provided below. If consultants have any questions about the pre-proposal meeting, please contact the Senior Civil Engineer, Ms. Francine Magno at [email protected], (650) 286-3388.

One tap mobile: US: +16699006833,,82338509603# or +14086380968,,82338509603# Meeting URL: https://fostercity-
org.zoom.us/j/82338509603?pwd=CrgLPiOYtACXLd_8CfzyO8wErtu VSk.1&from=addon
Meeting ID: 823 3850 9603
Passcode: 710061
Join by Telephone
For higher quality, dial a number based on your current location.

Dial:

US: +1 669 900 6833 or +1 408 638 0968 or +1 346 248 7799 or +1 253 215 8782 or +1 646 876 9923 or +1 301 715 8592 Meeting ID: 823 3850 9603
Consultants shall bear all costs associated with attending the pre-proposal meeting. The City shall bear no costs and/or assume no liability for consultants attending the pre- proposal meeting.
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Request for Proposal

SECTION IV. PROPOSAL REQUIREMENTS
To demonstrate the qualifications and experience necessary to perform the professional design, bidding, and construction support services for the project, as described in the Attachment A, Draft Scope of Services, consultant shall submit a proposal that includes the information described in this section.

If Consultants have questions regarding the proposal, submit questions to the Senior Civil Engineer, Ms. Francine Magno at [email protected] on or before August 22, 2022 at 5:00 pm.

The proposal shall be comprised of two (2) parts:
Part 1 is comprised of five (5) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below. Consultant shall also provide a flash drive with electronic copies for Part 1 only.
Part 2 is one (1) copy of section I submitted in a sealed envelope.

The proposal shall be concise and address qualifications and experience. Consultant shall not include superfluous information or analytical work that would otherwise be performed during work in the proposal. The body of the proposal, excluding appendices, should not exceed 15 pages. As an appendix, provide resumes for the proposed team members. Proposals should be bound with tabs identifying each section herein specified.

PART 1
A. Cover Letter
Consultant shall provide a cover letter. The person who signs the cover letter shall be authorized to contractually bind the consultant. The cover letter shall include the following:
1) A statement that all the information in the Request for Proposal was examined.
2) A statement that the proposal is binding for a 90-calendar day period. 3) The name, title, address, email, and telephone number of the individual to whom correspondence and other communications should be directed during the consultant selection process.
4) The name, title, address, email, and telephone number of the individual who will negotiate the consulting agreement with the City, if selected, and is authorized to contractually bind the firm.

B. Table of Contents
Consultant shall provide a table of contents for all material contained in the proposal.
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Request for Proposal

C. Executive Summary
Consultant shall provide an executive summary. The executive summary shall include a statement that consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those consultant qualifications and experience, contained in the proposal, which best highlight its ability to successfully deliver the work.

D. Project Approach
A summary presentation of the proposed approach for performing the services, describing how the project team would be organized to:
1) Clearly specify the scope of work; not to exceed amount; and schedule for the work that will be included in the contract for professional engineering services.
2) Monitor and control the scope of work, communicate potential scope of work changes prior to performing that work, and manage the change in scope of work.
3) Monitor and control costs of professional design services to ensure the services are performed within the negotiated not-to-exceed amount. 4) Monitor the schedule and ensure that deliverables are completed on or before schedule milestones.
5) Monitor the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables. 6) Monitor the quality of consultant’s deliverables to reduce the amount of City resources required to review the submittal.
7) Ensure responsiveness to City Staff.
8) Facilitate communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.

E. Proposal Schedule
The purpose of the proposal schedule is to ensure consultant completes work in a timely manner and to ensure that labor projections are consistent with the proposal schedule.

Consultant shall prepare a schedule for the work described in Attachment A, Draft Scope of Services and shall show the key activities, their start dates, and end dates. The schedule should include a milestone for each Authorization to Proceed and each submittal identified in Attachment A, Draft Scope of Service. The durations required to reach milestones shown in the schedule will be incorporated into Tasks 1 and 2 of Scope of Services for the Professional Services Agreement. 222
Request for Proposal

The proposal schedule shall have the sufficient details to achieve the above goals.

The City will request additional detail from the highest ranked consultant which will be incorporated into the Professional Services Agreement.

Consultant shall use January 3, 2023, as the start date for the schedule.

F. Consultant Information
Consultant shall provide the following information for it and each of its sub- consultants, if any:
1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of consultant’s subsidiaries wholly owned or fractionally owned, if any.
9) List of companies associated with the consultant whose work on the design or construction of the projects may potentially give rise to a conflict of interest, if any.
10) List of contracts terminated for convenience or default within the past three (3) years, if any. Include contract value, description of work, client's name, and telephone number.

G. Consultant Experience and References
Consultant shall provide for it and each of its sub-consultants, if any, details of its experience working on similar projects over the last five (5) years.

Consultant shall provide for it and each of its sub-consultants, if any, details of not less than three (3) similar projects and the details shall include the following:
1) Project name.
2) Project Owner and contact information.
3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime consultant or sub-consultant to Prime consultant’s Name).
5) Description of professional design service provided. 6) Cost Control for professional design services: Describe the original and final contract amount and reasons for differences, if any. 7) Schedule Control for professional design services Contract: Original start date, actual start date, original end date, actual end date, description of 223
Request for Proposal

reasons for differences. For dates, provide month and year. 8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any.

If consultant has a standard resume for projects, consultant may provide the standard resumes with supplemental project information on a separate sheet.

Providing supplemental project information on a separate sheet will have no effect on the evaluation process.

The City will contact Project Owners to discuss the consultant’s current and/or past performance. For Project Owner’s contact information, provide Project Owner’s name and address, the name of a contact with knowledge of consultant’s performance, as well as contact’s phone number and email address.

H. Project Team Experience and References
The consulting team is key to delivering a successful project.

For purposes of the proposal and the selection process, the following terms are used to identify consulting team members: Project Manager, Other Key Personnel, and Other Team Members. The Project Manager is responsible for Consultant’s work and is the City’s principal contact after the professional services contract is awarded, (2) Other Key Personnel are the keys to consultant successfully executing the work; and (3) Other Team Members who will play a significant role in successfully executing the work.

Consultant shall provide the following information regarding the consulting team and its team members:
1) Consultant shall provide an organization chart showing the proposed relationships and the various roles and/or disciplines required to deliver the work. Within the organization chart, consultant shall identify the project manager, other key personnel, and other team members. If a team member works for a sub-consultant, identify the sub-consultant. Consultant shall identify at least one person for each role and/or discipline.
2) Provide a list of office(s) in which the proposed team members will work.

Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed team members working at the office and their roles.
3)Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4)Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm consultant's ability to commit resources to the work; and not less than three 224
Request for Proposal

(3) reference for each person who is identified as Other Key Personnel. 5)Other Team Members. Provide the qualifications and experience of the Other Team Members.

The City will contact project owners who have worked with the project manager and other key personnel to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.

PART 2
I. Consultant Fee Schedule and Reimbursable Expenses
Provide one (1) copy in a sealed envelope, including the level of effort with reimbursable expenses and hourly rates schedule. The level of effort and reimbursable expenses shall be broken down with a summary table for the entire proposal and shall include an estimate of the number of hours by staff type to complete the work described in Attachment A, Draft Scope of Service, that is consistent with the schedule created as part of Section D in Part 1 Provide descriptions of assumptions made in developing the labor hours. The City and the selected consultant will endeavor to negotiate a consulting agreement which contains a not-to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.

To that end, consultant shall provide for it and its sub-consultants, if any, a consultant Fee Schedule, and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses.

SECTION V. PROPOSAL SUBMITTAL REQUIREMENTS
Consultant shall submit its proposal in accordance with the following requirements:

A. The City will only consider proposals received by City at or before the proposal submittal deadline of Friday, September 2, 2022 at 2 pm. The City may extend the proposal submittal deadline if the City receives an inadequate response submitted. Interested consultants will be notified via an addendum.

B. Consultant shall submit proposals to the following address:

City of Foster City
Public Works Department
Attn: Francine Magno
Senior Civil Engineer
225
Request for Proposal

610 Foster City Blvd.

Foster City, CA 94404
C. For mailed proposals, the City encourages each consultant to confirm that its proposal was received by the City at or before the proposal submittal deadline.

Contact the Senior Civil Engineer, Ms. Francine Magno at [email protected] or (650) 286-3388 to confirm City’s receipt of the proposal.

D. For hand-delivered proposals, consultant shall deliver the proposal to the information desk in the building lobby. Consultant shall ensure the proposal is time and date stamped by the attendant prior to leaving the building.

SECTION VI. CONSULTANT SELECTION PROCESS
The City will review proposals and perform reference checks to evaluate consultants.

The City will conduct consultant interviews with the top scoring proposals. The City will notify consultants approximately three to four weeks after the proposal submittal deadline.

Principal criteria used to evaluate consultants will include the following:
1) Experience/Qualifications: Firm’s experience on similar projects in the last five years.
a. Consultant’s and sub-consultant’s, if any, experience successfully providing professional engineering services on similar projects in the last five (5) years.
2) Personnel Assigned: Experience of key personnel assigned to the project, and experience of key team members who will be assigned to the project for its full duration.
a. Project Manager’s experience successfully providing professional design, bidding, and construction support services and/or other related work on similar projects and their availability to perform work required by his/her role. b. Other Key Personnel’s experience successfully providing professional design, bidding, and construction support services and/or other related work on similar projects and their availability to perform the work required by his/her role.
c. Other Team Members’ experience providing professional design, bidding, and construction support services and/or other related work on similar projects.
3) Quality and Completeness of Proposal:
a. Clarity and relevance of information contained in the proposal. b. Consultant’s understanding of work.
c. Consultant’s approach to the work.
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Request for Proposal

4) References
The City may waive irregularities in any proposal, accept or reject all or any part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of the City.

After final evaluation, the City will identify the highest ranked consultant, which appears to best meet the qualification criteria. The City will attempt to negotiate a contract with the selected consultant. If the highest ranked consultant and the City cannot reach agreement, the City will terminate negotiations and, at its option, negotiate with the next ranked consultant.

Consultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.

SECTION VII. SCOPE OF SERVICES
A. Scope of Services:

A general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is intended to cover the professional design, bidding, and construction support services necessary and/or other related work and shall be used as the basis of negotiations. In addition, consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.

Consultant is encouraged to include in the proposal any additional tasks and/or deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.

The City reserves the right to enter into agreements for none, a portion, modified portions, or all of the work listed in this Request for Proposal. The City reserves the right to issue notice(s) to proceed for some or all the work up to 90 days after the City Council approves the agreement.

SECTION VIII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND

INSURANCE REQUIREMENTS
The standard professional services agreement is attached as Attachment B.

The insurance requirements are described in Section 12 Insurance of the City’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. The selected consultant shall agree to provide the City with a copy of said policies, certificates, and/or 227
Request for Proposal

endorsements.
228
Recreation Center Project
CIP 301-678
Attachment A – Draft Scope of Services

ATTACHMENT A

DRAFT SCOPE OF SERVICES

FOR PROFESSIONAL DESIGN, BIDDING, AND CONSTRUCTION

SUPPORT SERVICES
FOR
THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678)

GENERAL
The Foster City Recreation Center contains meeting and event space for use by the City and private rental by the general public and contains specialized spaces, kitchens, an art studio, fitness room, and staff offices. The building is a designated emergency shelter.

The scope of services describes professional consultant services necessary for CIP 301- 678. Consultant(s) shall be responsible for providing the design, documentation, and support necessary for the permitting, bidding, and construction of a new Recreation Center in roughly within the same building footprint as the existing 36,000 square foot building. The construction budget for the project including site improvements is approximately $42M.

The project will be run through the Foster City Parks and Recreation Department with assistance from other City departments. The selected consultant shall provide leadership for the entire consultant team and is expected to work closely with City staff, Parks and Recreation Committee, Planning Commission, and the broader community to identify project needs and potential solutions. Consultant(s) shall attend coordination meetings and other special purpose meetings as delineated.

The City will be responsible for the entitlements and CEQA process, however the consultant shall include environmental services for CEQA/Cultural clearance as an alternative/add-on. The consultant(s) shall be responsible for providing all the drawings and text required to support any required CEQA documents, and to participate in all meetings associated with the planning process. Should the services of additional consultants, such as a traffic or historic resources specialist, be required for the environmental review process, those consultants could be hired directly by the City.

While Burks Toma Architects has already prepared conceptual design options for the Recreation Center, there will be a conceptual design refinement task, during which time the conceptual design options will be revisited or reconsidered based upon new input, current conditions, and budget constraints. Staff does not believe the preferred conceptual design plan, Concept 3, is feasible due to fiscal impacts associated with the project.

Consultant(s) shall be responsible for facilitating community outreach in coordination with the City. While significant outreach was conducted for the project in 2016-2017, the City intends to build upon what has already been done and provide additional public outreach 229
Recreation Center Project
CIP 301-678
Attachment A – Draft Scope of Services

and opportunities for feedback through the design tasks. Most of these additional outreach efforts will take place during the conceptual design refinement and schematic design phases but follow up during later phases may also be required.

It is assumed at this time that a minimum of LEED Silver certification will be required for this project, and the consultant(s) will be responsible for submitting all necessary documentation to the USGBC, as well as for coordinating the construction phase submittals by the general contractor. During the design process, the City may choose to not pursue LEED Silver certification based on estimated construction costs.

Zero Net Energy performance will not be pursued for the new Recreation Center, however the consultant shall incorporate energy efficient upgrades/improvements where possible.

Consultant may also be directed to incorporate energy generation (solar) and battery storage capacity.

The consultant team shall include all disciplines necessary to design a complete and usable facility. The following is a list of anticipated consultant services required. Additional optional consultants/services could include lighting designers, sustainability consultants, CEQA consultants, and other specialists at the discretion of each firm and/or the City if mutually agreed to by the City and consultant.

Consultant Team Services:
Surveying
Geotechnical Engineering
Architecture
Civil Engineering
Landscape Architecture
Structural Engineering
Mechanical/Plumbing/Fire Protection Engineering
Electrical Engineering (including Lighting Design)
Code Required Signage Design
Furniture Layouts (could consider Furniture selections and finishes) Acoustical Engineer: Room acoustics, sound isolation, and mechanical equipment noise/vibration
Telecom/Data Designer
Audio Visual Design: Built in audio-visual systems
Electronic Security System design: Access control, CCTV cameras, intrusion detection
Cost Consultant
Emergency Generator design
Photovoltaic System Design
Graphic Design
Interior Design
Wayfinding Signage (non-code signage)
Public Outreach
230
Recreation Center Project
CIP 301-678
Attachment A – Draft Scope of Services

The design shall comply with all federal and local codes and requirements, including those for accessibility and energy compliance. All required code compliance documentation must be included in the construction document package.

Furniture procurement may be completed by utilizing existing contracts available to public agencies.

Except where otherwise specified in this Agreement, summaries of decisions, design direction, and establishment of project requirements may be communicated and documented through written meeting minutes and e-mails.

The scope of services is arranged into seven (7) tasks, which may change as a result of negotiations.
1) Project Management and Website Content Support
2) Conceptual Design Refinement and Schematic Design
3) Design Development Documents
4) Use Permit and Construction Documents
5) Furniture, Fixtures, & Equipment and Signage
6) Bidding and Construction Support
7) Record Documents

SCOPE OF WORK BY TASK
The anticipated scope of services is divided into seven (7) tasks. The City will authorize, in writing, consultant(s)’ work on each task. The City may issue written authorization to proceed with a task prior to the completion of a preceding task.

Upon receipt of a written authorization to proceed, consultant(s) shall begin work on the designated task and diligently prosecute the work to completion.

Consultant and its sub-consultants, if any, shall separately track and report costs for each project and task.

The City may reject incomplete submittals or submittals which, in its sole judgement, were not subjected to an adequate quality control review.

A list of expected deliverables is included for each task. Consultant is encouraged to include in the proposal any additional deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.

I. TASK 1 – PROJECT MANAGEMENT AND WEBSITE CONTENT SUPPORT 231
Recreation Center Project
CIP 301-678
Attachment A – Draft Scope of Services

A. Project Management and Controls

1. The consultant shall designate a Project Manager acceptable to the City. The Project Manager will be responsible for the work including developing the work plan; implementing the project management procedures and controls; and maintaining effective communications among the sub-consultants, City, and other involved agencies and organizations for the duration of the project.

If Consultant wishes to propose a substitute at any time during the duration of the project, the City shall approve consultant’s Project Manager.

2. Within fifteen (15) calendar days after receipt of the Notice to Proceed, the consultant shall submit to the City a final work plan that shall include:
a) Description of the consultant's approach to performing the scope of services, including any constraints, specific strategies, or special considerations that apply. (This may be as outlined in the consultant's proposal).
b) The roles and responsibilities of the project team members including sub-consultants.
c) Procedures for maintaining quality control and, particularly, adherence to budget and schedule.
d) A schedule that details activities of each sub-consultant’s service in an appropriate time frame consistent with the duration of this Agreement. e) A control budget that is supported by monthly cost and resource forecasts for each task.

Consultant shall prepare a project work plan for each task. The project work plan shall be prepared in the degree and detail appropriate to each phase of the project and shall be updated as the project progresses. The project work plan shall be approved by the City project manager and shall provide the basis for determining timeliness and cost effectiveness of the consultant's execution of the Scope of Services.

3. To support each invoice, the consultant shall furnish a project update that shall include the following:
a) A narrative progress report of specific accomplishments during the reporting period, problems encountered, or anticipated
accomplishments scheduled for the next reporting period, and results of quality control programs, technical evaluations, inspections, etc. b) A cost report for each specific consultant’s service that shows:
b.1. The current period and cumulative expenditures to date. b.2. The estimated cost to complete each task.
b.3. The estimated date to complete each task.
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b.4. The approved budget.
b.5. A comparison of the estimated cost with the approved budget to show any variance.
c) A schedule report that compares actual to planned performance in terms of time and percent complete for each designated service. The control report may include, when appropriate, special submittals based upon productivity analyses or detailed performance projections as requested by the City project manager.

4. Project control reports are to be submitted monthly, together with invoice submittal, unless directed otherwise by the City project manager. The invoice shall be accompanied by a cost breakdown by discipline, in approved format.

Failure of the consultant to submit and update plans or furnish required reports as directed shall constitute cause for suspension of payment of invoices.

5. The consultant shall be available for consultation with the City 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.

6. Other project management tasks include:
Organize and document weekly team meetings.
Review work completed to date including goals, scoping, site assessment, conceptual design options, and energy efficiency goals. Review the previous conceptual design plans reviewed and accepted - by the City Council/Planning Commission.
Complete a preliminary land use and building code review with the City to confirm requirements for entitlements, land use, site, utilities and building construction permits (including fire, life, and safety issues). Prepare a community participation schedule for the City’s review. Set the dates for the necessary rounds of community engagement during the design phases.
Project Directory
Deliverables:
Kick-Off Meeting
Project directory
Agendas / Summaries for team meetings
Work Plan for each task, including schedule showing all submittals. Monthly Invoice Submittals including project control reports and supporting document
Community Participation Plan
Staff reports and presentations for public meetings (Planning Commission, Parks and Recreation Committee and City Council)
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B. Project Website
Develop and maintain a dedicated project website to be the primary source of all Recreation Center Replacement Project information throughout the duration of the project.
Consultant shall supply graphic materials representing building and site plans, material examples, project layout, information from the latest Council meetings, and project schedule and status updates.

Deliverables:
Website, website domain, language, documents, graphics, and any other relevant information for posting on the City’s Project Website throughout the project duration.

II. TASK 2 – CONCEPTUAL DESIGN REFINEMENT AND SCHEMATIC DESIGN A. Conceptual Design Refinement
Conceptual design options for the Recreation Center have been developed, however the consultant(s) shall revisit, validate, or reconsider design options based upon new input, current conditions, and budget constraints. The City Council’s preferred Conceptual Design Plan can be downloaded on the Recreation Center Replacement Project page or RFP page on the City’s website. Staff does not believe the preferred conceptual design plan is feasible due to fiscal impact associated with the project. The expectation is that the consultant(s) would use Concept 3 as a base design, scaled down with add-on options to have the flexibility to include or remove add-on options based on the final bid price.

Conceptual Design Refinement tasks shall include:

1. Review work completed to date including plans, documents, goals, scoping, and site assessment.

2. Provide land surveying services, consisting of the following:
a) Obtain block maps for water systems, storm drains, sanitary sewer and streetlights.
b) Review existing infrastructure to be mapped onto topographic survey. c) Site visits to verify field conditions.
d) Topographic Survey
e) Base sheet Production
f) Record Boundary
g) Underground service alert

3. Provide geotechnical services, consisting of evaluation of subsurface soil conditions in the vicinity of the proposed improvements and provide 234
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geotechnical recommendations relating to the foundation and earthwork components of the project. The initial services shall include:
a) County drilling notification form
b) Underground service alert
c) Subsurface exploration
d) Laboratory testing
e) Office Studies
The Engineer will review the field and laboratory data and perform engineering analyses to evaluate the planned recreation center improvements, from a geotechnical perspective, including building foundations, basement retaining walls, slabs-on-grade, pavements, tie earthwork, and surface drainage.

The Engineer will prepare a report that summarizes the investigation and conclusions and presents geotechnical recommendations for design of the proposed improvements. The Engineer will provide site class and spectral accelerations for seismic design based on the current California Building Code. To graphically illustrate the site conditions, several figures will be presented in the report, including a vicinity plan, site plan, local geologic map, boring logs, and laboratory test results.

4. Based on the previous preferred Conceptual Plan and current budget constraints, develop, and present a refined conceptual design package to City staff that includes:
a) Up to two (2) conceptual floor plan options.
b) Design values and sustainability goals with the City and community input.
c) Building massing studies for each floor plan option. d) Preliminary cost models for each alternative.
e) Floor plan evaluation criteria with City and community input. f) Floor plan and massing options with City and select preferred plan. g) Exterior materials palette.
h) On-site parking requirement to reflect selected site option.

5. Refine selected conceptual design option and prepare final conceptual design exhibits:
oSite plans, floor plans and elevations
oNarrative specifications and system descriptions
o3D digital model of massing
oVignettes of exterior and/or interior
oPreliminary cost model of initial options
oRefined cost model for preferred option
oPhasing plan showing the major project phases
oEstimated project schedule for future phases
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6. Coordinate with the City staff to refine programming and prepare a document that presents the findings such that the participants in the process will be able to verify that the Design Team has the correct information from which the develop to most successful layout. The programming document will provide the basis for the interior design finishes, system, and hardware for the Construction Document phase of the work.

7. Anticipate up to 3 coordination meetings with the City staff for design input.

8. Anticipate up to 6 public meetings for presentation to City Council, Parks and Recreation Committee and/or Planning Commission.

9. Possible refinement of drawings based on public meetings.

10.Support the City’s outreach process by supplying graphic materials representing building and site plans, material examples, and project layout for the purpose of public meetings, City Council meetings, and posting on the City’s project website.

11.Conceptual Design shall be approved by the City before proceeding to development of schematic design documents.

12.The City would like the Consultant to incorporate an operation revenue analysis report based on the conceptual plan options in the proposal which shall be considered an optional service.

Deliverables:
Site Topographic Survey and Record Boundary
Geotechnical Report
Refined Programming Document
Conceptual design package including:
oSite options diagrams
oBuilding massing study
oFloor plan options
oSite plans, floor plans and elevations
oNarrative specifications and system descriptions
o3D digital model of massing
oVignettes of exterior and/or interior
oUpdated estimate of on-site parking needs
oPreliminary cost models for each option
Refined Conceptual Design Package
Agendas / Summaries for team meetings.
Participation and/or supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limited to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.
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(Optional Service) Prepare an updated operational revenue analysis report based on the concept design options.

B. Develop Schematic Design
Upon approval of the preferred Conceptual Design option by the City Council, written Notice to Proceed by the City, and receipt of the City’s comments on the Conceptual Design documents, the consultant shall advance the design of the Community Center during the schematic design phase.

Schematic Design tasks shall include:

1. Develop the schematic design package for Architectural, Landscape, Civil, Structural, Mechanical, Electrical, Plumbing, Kitchen, Audio Visual, and Security and Access Control for the Recreation Center building consisting of:
a) Civil Site Plan, including parking layout, preliminary grading, drainage, hydrology, utility routing
b) Landscape preliminary site plan showing hardscape and landscape areas
c) Floor and roof plans
d) Reflected ceiling plans
e) Exterior elevations
f) Building sections
g) Structural design sketches and narrative and preliminary sizes of key structural members
h) Preliminary lighting plan- building and site
i) Renderings (two interior and two exterior)
j) Outline specifications and/or narratives of each of the major building systems
k) Building program spreadsheet
l) LEED checklist (for reference)

2. Specific submittals to the City shall be made at the 50% and 100% schematic design stages. Outline specifications and/or narratives may be submitted at the 100% submittal only.

3. Preliminary estimate of probable project costs, including construction costs, soft costs, miscellaneous costs, and other owner’s costs, shall be prepared, and submitted with each submittal (50% and 100%).

4. Coordinate with utility companies to help develop Schematic Design plans.

5. Provide Life Cycle Cost Analysis for HVAC Building Systems and Building Envelope.
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6. Develop a preliminary material template, building elevations, and site and building sections to illustrate the overall site character.

7. Support the City’s outreach process by supplying graphic materials representing building and site plans, material examples, and project layout for the purpose of public meetings, City Council meetings, and posting on the City’s project website.

8. Anticipate up to four (4) coordination meetings with the City.

9. Anticipate up to four (4) coordination meeting with the Building, Fire, and Police Departments to review the updated schematic code analysis.

10.Anticipate up to four (4) technical meeting with the Planning Department to review the schematic site and building plans.

11.Anticipate up to six (6) public meetings for schematic design review including City Council, Planning Commission, and Parks & Recreation Committee.

Deliverables:
50% and 100% Schematic Design Package submittals
Schematic design level estimate of probable costs for the entire project budget including construction costs, soft costs, miscellaneous costs, and other owner’s costs.
Preliminary material template.
Possible refinement of drawings based on reviews from public meetings. Proposed plan and assumption of costs to meet the City’s energy reducing. Life Cycle Cost Analysis
An updated project schedule.
Agendas / Summaries for team meetings.
Participation and supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limited to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.

III. TASK 3 – DESIGN DEVELOPMENT DOCUMENTS
Upon receipt of written Notice to Proceed by the City and City’s comments on the Schematic Design package, the consultant shall develop the Design Development Documents that will include plans, elevations, building sections, renderings, and other documents that will describe the character and scale of the project components.

Design Development tasks shall include:

1. Update and refine design, budget, sustainable design strategies. 238
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2. Conduct technical meetings with City representatives as needed to focus on specific aspects of the project, such as confirmation of the code compliance strategy.

3. Prepare design development level building systems design and coordination for landscape and civil disciplines, structural, mechanical, plumbing, and electrical disciplines, fire alarm/fire protection and telecommunications/data disciplines.

4. Update the estimate of probable construction cost to reflect the decisions made in this phase.

5. Submit draft specifications.

6. Specific submittals to the City shall be made at the 50% and 100% design stages.

7. An updated estimate of probable project costs shall be prepared and submitted with each submittal (50% and 100%). Consultant will promptly advise the City of the impact that special design details, materials, and equipment items may have on construction costs.

8. Work with City and utility companies to produce Design Development drawings and plans.

9. Perform cost effectiveness adjustments to design as required by the City.

10. Anticipate up to four (4) coordination meetings with the City.

11. Anticipate up to four (4) coordination meeting with the Building, Fire, and Police Departments to review the updated schematic code analysis.

12. Anticipate up to four (4) technical meeting with the Planning Department to review the schematic site and building plans.

13. Anticipate up to six (6) public meetings for schematic design review including City Council, Planning Commission, and Parks & Recreation Committee.

Deliverables:
50% and 100% Design Development Drawings and Draft Specifications submittals including plans, interior elevations, building drawings, and computer imaging further clarifying the size, range of amenities, functional arrangements such as parking, access, circulation, general building arrangements, and sections for Architectural, Landscape, Civil, Structural, Mechanical, Electrical, Plumbing, Fire Alarm/Fire Protection, Telecommunications/Data) 239
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50% and 100% Design Development level estimate of probable costs for the entire Project Budget including construction costs, soft costs, miscellaneous costs, and other owner’s costs.
A value engineering report identifying line-item costs and the pros and cons of possible revisions to proposed materials or design necessary to meet the project budget.
Necessary approvals from regulatory agencies for entitlements and permits. An updated project schedule.
Agendas / Summaries for team meetings.
Participation and supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limited to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.

IV. TASK 4 – USE PERMIT AND CONSTRUCTION DOCUMENTS
A. Use Permit Submittal
Consultant shall prepare and submit Use Permit documents to the City for review and coordination. Consultants shall make the appropriate revisions and provide written responses to the review comments and resubmit to the City for verification of comprehensive and accurate responses. The Use Permit documents shall be considered as the 25% design submittal of the construction documents task.

Following is a submittal checklist indicating the kinds of drawings to be submitted for review. All drawings shall have the same compass orientation.

Interdepartmental Evaluation Committee (IDEC) — (10) Ten copies of the following items shall be submitted electronically:

A. Site Plan including:

1. Lot size

2. North arrow

3. Graphic scale

4. Significant dimensions (setbacks, lot lines, etc.)

5. Property lines of subject and adjacent properties and identification of surrounding uses

6. Easements (public and private)

7. Utility companies' equipment, with dimensions (PG&E, AT&T, CATV)

8. Internal circulation — streets, sidewalks, driveways, and parking and loading areas (public and private)

9. Lagoon or bay/slough waterlines (MHHW and MLLW) on adjacent property

10.Building outlines, stating number of stories, of project buildings and those on adjacent property.

11.Fences, walls, and windbreaks, indicating heights
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12.Decks, patios, planter boxes, docks, stairs, ramps, pools and tubs, and equipment enclosures

13.Landscape plan

14.All other structures exceeding six feet in height (patio covers, carports, trellises, arbors, gazebos, storage sheds, cabanas, flagpoles, etc.)

15.Site data table including the percentage and square footage of landscape coverage, paving coverage, building coverage, etc. (see sample Table 1)

16.Vicinity map

17.Recreation areas and equipment

18.Pedestrian and vehicular circulation patterns (on and off-site) B. Engineering site grading plans, including proposed finished grades, all public improvements, and site drainage.

C. Floor plans (1/8" or 1/4" scale) — Existing and Proposed Complete floor plans showing door and window openings, room designations and dimensions, utility equipment locations and trash enclosures, specifying materials and colors.

D. Elevations (1/8" or 1/4" scale) - Existing and Proposed Full building elevations of all building sides with details of all wall penetrations such as windows, doors, vents, etc.; exposed equipment such as air conditioners, meters, piping, etc.; all decorative elements such as trim, equipment screens, molding, appliqués, etc.; and all appurtenant and accessory structures on the site plans specifying all building materials and colors.

E. An illustration of the basic "concept" of the site.

This can be accomplished by submitting a concept diagram (81/2" x 11"), "bubble" diagram, or other graphic representation that shows key design elements and their relationships with one another. For example, circulation, key nodes, open areas, screened areas, areas with views, windy areas, accent points, entrances, etc., can all be shown on a concept diagram. This diagram should also contain a short paragraph explaining the basic design concept, how the concept relates to the site, and how the concept relates to the context of Foster City.

Planning Commission Study Session and/or Public Hearing - (8) Eight copies of the following items should be submitted at least four weeks prior to the public meeting:

A. Anticipate (1) one public meeting
B. Site plans, as above, with any revisions; a reduced reproducible print or an electronic file in pdf format (8 1/2" x 11" in size) of the site plan shall also be submitted
C. Floor plans, as above, with any revisions
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D. Floor area tabulations, specified by uses
E. Elevations, as above, with any revisions
F. Engineering plans, as above, with any revisions
G. Typical building sections
H. Colored perspective rendering at an angle from lagoon view I. Roof plan, showing all vents, equipment, skylights, etc.

J. Colors and Materials: A list of colors and materials with product names and descriptions is required with samples mounted on a board if possible.

Performance specifications may be required. Color and materials samples boards will remain the property of the City.

K. Table of land and building area (see sample below): Schedule of lot sizes, building sizes and mix, lot coverage and project density, area of lands held in common and area of open space
Square Feet Percent
Building Area
Parking/Hardscape Area
Landscape Area
Total Lot Area
B. Construction Documents
Upon receipt of written Notice to Proceed by the City, approval of the Use Permit documents, and City’s comments on the Design Development package, the consultant shall develop the Construction Documents for the building systems and design concepts that will include construction details and calculations. All building systems, including structural, mechanical, electrical, plumbing, lighting design, telecom and security, interior design concepts, and finished will be documented and refined.

Construction Documents tasks shall include:
Update and refine design, budget, sustainable design strategies, and schedule information that reflects the most current project information. Meet with the City and Stakeholders to review and evaluate options for finishes and other interior design elements.
Perform Title 24 Calculations for applicable interior areas and prepare Compliance Documents.
Develop code required signage in conjunction with the design concepts for non-wayfinding community center signage and branding as outlined in Task 5 - FURNITURE, FIXTURES AND EQUIPMENT AND SIGNAGE TASK.

The Construction Documents shall comply with applicable laws and regulations including, but not limited to, ADA requirements, Building Code requirements, City codes and standards, applicable Federal rules and 242
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regulations, and occupation safety and health regulations enforced at the time the Construction Documents are issued.
Specific submittals to the City shall be made at the 25%, 50%, 75% and final design stages. The Use Permit documents shall be considered as- the 25% design submittal.
Detailed estimated construction cost estimates shall be prepared and submitted with each submittal (25%, 50%, 75% and final). Consultant will promptly advise the City of the impact that special design details, materials, and equipment items may have on construction costs.
Consultant shall submit 75% documents to the City and other agencies for the specific purpose of obtaining the building permit and coordination review. Consultants shall make the appropriate revisions and provide written responses to the review comments and resubmit to the City and other agencies for verification of comprehensive and accurate responses. Project documents shall clearly identify document requirements for review and approval by the Fire Marshal and Building Official.
Assist the City in the selection of Special Inspectors required by the project. Assist the City in coordination with any utility companies.

Deliverables:

In addition to the materials, drawings, and documents described above, provide the following:
A final technical memo clearly presenting a life-cycle cost analysis of anticipated building systems and materials.
25%, 50%, 75% Construction Document Submittals and detailed estimated probable costs for the entire Project Budget including construction costs, soft costs, miscellaneous costs, and other owner’s costs with each submittal (25%, 50%, 75% and final).
Response to comments following each submittal
Prepare Final (100%) plans and specifications suitable for the purpose of bidding and construction.
An updated project schedule.
A final value engineering report identifying line-item costs and the pros and cons of possible revisions to proposed materials or design necessary to meet the project budget.
Specific criteria that the City has for completion specific portions of the work include the following:

CIVIL PLANS
A. Existing topographic drawings shall be included and may not be combined with the demolition plan, provided that information is clear and not obscured. Both contours and spot elevations shall be used to delineate the topography. Existing utilities, including size and material to the extent that the information has been made available shall be shown on the plans.

Benchmarks and horizontal control monuments shall be clearly shown and identified.
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B. Demolition Plan – Show all existing buildings on the property clearly indicating which structures will be demolished and location of all building and site utilities (gas, electrical, sewer, water, stormwater). Provide the existing building size (square footage) and year built, type of construction, and if sprinklered. Identify all existing trees and irrigation proposed to be removed and which will remain. Include the hauling plan and hauling, as applicable. Provide a copy of the erosion and sediment control plan and dust control plan. Provide a waste management plan.

C.Site Plan – Location all new work by dimensions from prominent existing features or survey base lines. Use same scale and orientation as the existing topography plan. Locate Contractor’s storage area on this or an equivalent plan.

D. Grading Plan – Show finished contours at intervals not greater than one foot and have them clearly distinguishable from existing contours. Clearly show where all surface water will drain. Use spot elevations to clarify grading requirements, drainage flow patterns, curb elevations, gutter elevations, pavement corner elevations, ground and pavement surface elevations at building corners, top of catch basins, etc. Show finished floor elevations and pad elevations. Use same scale and orientation as the existing topography plan.

E. Utility Plan – Locate by dimensions all new water, fire protection, sanitary sewer and storm drain lines and appurtenances. Indicate sizes of pipes, top and invert elevations of manholes and catch basins and points of connection.

F. Details – City standard details shall be used where applicable. Other details shall be added as necessary to clearly show the work to be performed.

ARCHITECTURAL PLANS
Architectural plans shall include pertinent City ordinance details and the following plans:

A. Cover Sheet/Title Plan – including project info, vicinity, and location maps, drawing index
B. Plans for Code Compliance – accessibility plan, exiting plan, fire control room, pertinent City ordinance details
C. Floor Plan (1/8” scale minimum)
D. Exterior Elevations
E. Building Sections
F. Roof Plan and Roof Details
G. Reflected Ceiling Plans
H. Typical Wall Sections
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I. Room Finish Schedule
J. Door, Hardware, and Window Schedules
K. Door and Window Details
L. Large Scale Plans (1/4” scale minimum for toilet rooms, control rooms and other special activity rooms)
M. Interior Elevations
N. Acoustical Treatments, if any
O. Signage details required for code compliance
P. Fire Control Room

STRUCTURAL PLANS
Structural plans shall include all special inspection, requirements and necessary structural elements that require approvals (epoxy, grout, etc.) and the following plans:

A. Foundation Plans
B. Framing Plans
C. Details and Sections
D. Schedules

MECHANICAL AND PLUMBING PLANS
Mechanical and Plumbing plans shall be prepared for a complete and functional mechanical system and include the following plans:

A. Site Plan - Required for all outside mechanical systems and shall show all new systems and structures served, if applicable.

B. Piping and Duct Work Plans - Heating, ventilating and air conditioning system work shall not be shown on the same drawing with the plumbing system work. Piping and ductwork plans shall be coordinated with the architectural, civil, structural, mechanical, and electrical plans to avoid conflicts. Adequate space shall be provided to meet manufacturer's required maintenance clearances and access needs. Clearly define where all work begins and ends. Design cfm's shall be shown at the supply and return registers and at the units.

C.Fire Sprinkler System – Plans and specifications for a complete fire sprinkler and standpipe system including fire pump, auxiliary water supply, controls, water flow (vane type), valve supervisory (tamper) switches to result in fully operational system, to be in compliance with the current issue of the California Fire Code (CFC) and Title 19 of the California Code of Regulations.

D. Elevations and/or Sections - Mechanical elevations and/or sections shall be shown where necessary. Sufficient elevations and sections shall be provided to facilitate accurate take-offs.
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E. Details - Plans shall include such details as necessary to enable the contractor to properly fabricate, assemble and/or install equipment or systems as shown. Details shall be to a scale large enough to be clear as to intent. Congested areas and racked piping shall be dimensioned to provide adequate clearance for clamps, hanger, insulation, flanges, valves, fittings, etc.

F. Piping Diagrams - Incorporate isometric and/or schematic diagrams showing the piping configurations as required to clarify the fluid flow paths.

G. Control Diagrams - Control diagrams shall be included as required to clarify function of various control systems involved in mechanical installations. Controls for mechanical equipment shall be coordinated with the electrical design so that all equipment supplied by electrical work and mechanical work is clearly defined.

H. Sequence of Operation - Step-by-step sequences of operation shall be included in the specifications (and whenever practical, in the drawings) for each control system where similar vendors or manufactures may have differing levels of use.

I. Equipment Schedule - Mechanical and plumbing plans shall include equipment schedules indicating capacity and description of each item of equipment. Provide voltage, phase, horsepower, or amperage of all equipment requiring electrical power.

J. Seismic Anchorage - Plans shall include sufficient details for the attachment and anchorage of all mechanical equipment, piping systems, hangers, supports, sway braces, etc. to be in compliance with the current issues of the California Building Code (CBC) and California Mechanical Code (CMC).

ELECTRICAL PLANS
Electrical plans shall provide adequate information so that the electrical installation is complete and there is a clear indication as to where the work begins and ends. Tables shall identify circuits, protective devices, ratings, loads, phasing, controls, instrumentation, and other pertinent information concerning the installation. Plans shall include:

A. Plot Plan - Required for overhead and underground power, street lighting, telephone conduit, fire alarm and distribution systems.

B. Wiring Design - Service shall include power, fire alarm source available and any other special connections to outside systems, show locations of entering conduits and service racks. Service disconnect shall be rated to 246
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suit the conditions of the case. Metering shall be required unless directed otherwise. Panel boards shall include breakers for feeders and branches of suitable rating. Conditions shall be analyzed to ensure that the wiring method used is acceptable and economical for the intended use of the facilities. Select branch wiring voltage and system to produce a satisfactory power and lighting installation. Show conductors by size, number, voltage, and type of insulation.

C. Riser Diagram - A riser diagram with notations shall indicate the use, rating and location of panel and equipment.

D. Single-Line Diagram - Provide single-line diagram to simplify understanding of power and lighting systems. Use single lines and symbols to indicate the course and component devices or parts of the electrical circuits.

E. Lighting Plan - Lighting fixtures shall be clearly indicated with dimensioned sketched and description, including the method of hanging. Lumination plan for exterior lighting shall be provided to the City for review and approval.

F. Seismic Anchorage - Plans shall include sufficient details for the attachment and anchorage of all electrical equipment and fixtures to be in compliance with the current issues of California Building Code (CBC) and California Electrical Code (CEC).

G.Fire Alarm System – Plans and specifications shall include controls, stations, speakers, heat detectors, smoke detectors, flow switches, door releases, and any other devices that are electrically a part of the system, to be in compliance with the current issues of the California Fire Code (CFC) and California Electrical Code (CEC)

CATHODIC PROTECTION
Cathodic protection shall be provided for all facilities subject to corrosion.

V. TASK 5 – FURNITURE, FIXTURES & EQUIPMENT (FF&E) AND SIGNAGE Concurrent with Tasks 1-7, the consultant will develop the furniture and signage procurement packages.

A. Furniture:

1. Consultant shall work with the project team to set the furniture budget, and work with the City/Parks and Recreation Committee to develop furniture 247
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concepts and select furniture and finishes that enhance the architectural design concepts and meet the program goals. The furniture package will be developed to facilitate procurement of the FFE through established pre- negotiated contracts available to the City.

2. Based on direction given by the City, the consultants shall provide the following procurement services for furniture:
a) The consultant shall prepare furniture plans and specifications to identify selected furniture, finishes and quantities.
b) The consultant shall assist the City in preparing purchase details. The City will be responsible for preparing and processing purchase orders.

B. Signage:

1. Consultant shall work with the project team to develop design concepts for community center signage and branding. Signage will include graphic “wayfinding” signage that enhances usability and customer experience, as well as building, room, donor, and code-required signage.

2. The consultant shall prepare signage concepts for review with the City and integrate that code-required signage into the Construction Documents.

3. Based on direction given by the City, the consultants shall provide the following procurement services for signage:
a) The consultant shall prepare Design Intent documents consisting of illustrative diagrams, worksheets and/or specifications i. The consultant will assist the City in preparing purchasing details. The City will be responsible for preparing and processing purchase orders.
ii. The consultant shall review shop drawings and material samples.

C. The consultant shall provide the following installation services for furniture and signage.

1. The consultant will attend one (1) signage pre-installation walk through with the signage contractor.

2. The consultant will provide up to two (2) consecutive days to observe furniture installation.

3. The consultant shall prepare a punch list of outstanding furniture or signage installation issues.

D. Anticipate up to three (3) coordination meetings with the City.

E. Anticipate up to two (2) meetings for review by the Parks & Recreation Committee.

Deliverables:
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FF&E Options and Procurement Package
Signage Options and Procurement/bid package
Installation Review
VI. TASK 6 – BIDDING AND CONSTRUCTION SUPPORT

BIDDING
Consultant shall assist with the evaluation and response to contractor questions.
Attend a pre-bid conference and give a brief presentation of the project. Prepare addenda as required to clarify the bid documents. Consultant shall provide an analysis of bids received compared to the consultant’s final estimated construction cost.

CONSTRUCTION SUPPORT
Attend one pre-construction meeting. Provide documents, graphic, etc. for City and Construction Manager as necessary for the meeting. Attend weekly construction meetings (anticipate 100 meetings, which is based on an estimated two (2) year construction period). Meeting minutes will be prepared by the City’s construction manager.
Conduct an observation of construction work at appropriate intervals. Prepare a written documents describing the general nature of work observes and identify any areas observed that are not in general conformance with the construction contract documents.
Review and recommend appropriate professional action on submittals that are required by the construction contract documents. Submittals may take the form of tests, reports, certificate of guarantee, shop drawings, samples, data sheets, or other physical or written items. Consultant shall review and mark up each submittal with appropriate comments, professional stamp, sign and date each submittal with appropriate action as defined in the construction contract documents and return each submittal to the City within the time period specified. Consultant shall review operations manual submittals for appropriateness to the equipment being specified. Anticipate approximately 60 submittals/resubmittals.
Provide consultation to the City to clarify the intent and interpretation of the construction contract documents as necessary, prepare supplementary information and/or sketches to clarify or supplement the construction contract documents.
Respond in writing, including necessary design clarifications, to Requests for Information (RFI’s) after such requests have been reviewed by the construction manager for appropriateness. Anticipated reasonable number of RFI’s for a project of this type and size is approximately 105. Review and make recommendations regarding “or equal” substitutions and well-documented value engineering alternatives.
Review requests for change orders as to content and appropriateness of the work proposed.
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Be present during the initial start-up of systems.
At a point where the contractor and the City deem the project, or major portions of the project, to be substantially complete, the consultant shall conduct a thorough walk through and identify any visible elements of the work that the consultant judges not to be complete or acceptable. These findings shall be documented in the written form of a “punchlist”. When the items on the “punchlist” have been resolved, the consultant shall conduct a final walk through to verify resolution and issue a Notice of Completion to the City.

Deliverables:
Addenda, as required.
Analysis of bids.
Supporting documents as needed for the pre-construction meeting. Documents describing observation of work at appropriate intervals Submittal, RFI, and Change Order responses, including any plan revisions as necessary
VII. TASK 7 – RECORD DOCUMENTS
Consultant shall assemble and provide to the City a comprehensive set of the most current documents, including the documents supplied by the contractor. A complete set of the construction contract documents incorporating all changes made by the consultant shall be provided to the City in electronic format. The plans shall be in AutoCAD 2020 and a complete set of reproducible specifications shall be in Microsoft Word.
Record drawings based upon changes during construction shall be provided in .pdf format.

Deliverables:
Comprehensive set of all project documents, including documents supplied by the contractor.
Conformed set of construction contract documents.
Record Drawings
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ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL DESIGN, BIDDING AND CONSTRUCTION SUPPORT

SERVICES
FOR
THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678) This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) 251
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CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

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

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

CITY shall not incur any charges under this Agreement, nor shall any 252
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payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Employee Wages; Records; Apprentices: 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 federal requirements.

5. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
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6. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

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

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

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

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

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

9. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
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10. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

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

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

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

12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
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The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Sections 2782 and 2782.8 of the California Civil Code.

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

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

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

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

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

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

15. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during 256
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employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: ____________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address
for CONSULTANT)

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

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

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

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

21. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal 257
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action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

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

23. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may 258
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have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

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

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

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”). [For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

CITY OF FOSTER CITY
Dated: _________________________________ ______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
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Dated: _________________________________ Richa Awasthi, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign
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EXHIBIT A

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

DELIVERABLES FOR
THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678) [EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Description of the Project:

1.1 DESCRIPTION: Description of Project

2.Basic Services:

The DISTRICT has developed a general scope of work as described below.

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

PAYMENTS

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

Maximum Payment Amount

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

List Methods of Payment

3. TIMES OF PAYMENTS.

List Times of Payments

PROJECTS AND SCHEDULE
List Project Schedule

DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:
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1. PROJECT DELIVERABLES

1.1DELIVERABLES: List of Deliverables

1.2OTHER:

2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1SERVICES: List of Services

END OF EXHIBIT A
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EXHIBIT B
CONSULTANT’S FEE SCHEDULE
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EXHIBIT C

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

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

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
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[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT.

UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.] ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

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

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

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 265
Recreation Center Project
CIP 301-678
Attachment B – Standard Professional Services Agreement

01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

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

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

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

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

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

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

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

Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that 266
Recreation Center Project
CIP 301-678
Attachment B – Standard Professional Services Agreement

claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
267

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:
268

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

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

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

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

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

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

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.
269
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

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

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

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

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

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

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

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
270
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
271
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name Description
146266 AARON LINKIN SUMMER CONCERT - 7/22/22
146267 ALEXANDER VOLOKITIN UNIFORM ALLOWANCE - POLICE
146268 ALLIANT INSURANCE SERVICES INC 2022 - 2023 POLLUTION LIABILITY PREMIUM INSURANCE 146269 ALPHA ANALYTICAL LABORATORIES INC. LAGOON WATER QUALITY TEST 146270 ANIMAL DAMAGE MANAGEMENT, INC. GROUND SQUIRREL CONTROL 146271 BAY AREA BARRICADE SERVICE, INC. SIGNS- STREET PROGRAM 146272 BAY AREA WATER SUPPLY & CONSERVATION
AGENCY

EARTH CAPADES
146273 BAYSIDE BUILDING MATERIALS MISCELLANEOUS SUPPLIES - PARK PROGRAM 146274 BURKE, WILLIAMS & SORENSEN, LLP CITY ATTORNEY SERVICES - APRIL 2022 146275 BURR PLUMBING & PUMPING INC. GREASE TRAP MAINTENANCE 146276 C/CAG GENERAL FUND ASSESSMENT
146277 MIKE CABRAL SYNTHETIC TURF REBATE
146278 CASEY DOSS SUMMER CONCERT - 8/12/2022
146279 CHEMSEARCH ECO FLOW BIOAMP PROGRAM
146280 CHRISTOPHER S. RUDNICKI GOOSE CONTROL SERVICES
146281 CINTAS CORPORATION UNIFORM/LAUNDRY SERVICE - JUNE 2022 146282 CITY OF SOUTH SAN FRANCISCO 7/22/2022 MEETING - JON FROOMIN, PATRICK SULLIVAN,

RICHA AWASTHI, SAM HINDI, & SANJAY GEHANI
146283 CLARK PEST CONTROL OF STOCKTON INC PEST AWAY SERVICE - JULY 2022 146284 COMMUNICATION ACADEMY INSTRUCTOR FEE - WRITING
146285 COOKING ROUND THE WORLD INSTRUCTOR FEE - COOKING 146286 CORE & MAIN LP MISCELLANEOUS SUPPLIES - STREET PROGRAM 146287 CORY CALL POST TRAINING - CORY CALL
146288 COUNTY OF SAN MATEO LAFCO OPERATING EXPENSES -FY 2022-2023 146289 CREATE MIX & MINGLE INSTRUCTOR FEE - CREATE MIX & MINGLE 146290 CRESCO EQUIPMENT RENTALS MISCELLANEOUS SUPPLIES - STREET PROGRAM Check Date Check Amount
7/14/2022 2,000.00
7/14/2022 60.00
7/14/2022 2,924.56
7/14/2022 900.00
7/14/2022 350.00
7/14/2022 2,641.72
7/14/2022 8,041.98
7/14/2022 2,072.27
7/14/2022 67,114.50
7/14/2022 225.00
7/14/2022 107,534.00
7/14/2022 1,200.00
7/14/2022 1,500.00
7/14/2022 1,893.28
7/14/2022 9,845.00
7/14/2022 203.54
7/14/2022 250.00
7/14/2022 227.00
7/14/2022 168.00
7/14/2022 2,778.00
7/14/2022 9,210.95
7/14/2022 1,331.07
7/14/2022 8,843.00
7/14/2022 3,008.00
7/14/2022 1,956.16
272
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146291 CSG CONSULTANTS INC. FOSTER SQUARE - LENNAR DEVELOPMENT BALANCE 146292 CYGNET ENTERPRISES INC. LAGOON WATER QUALITY TEST 146293 DANIEL WEBER VISION REIMBURSEMENT - DANIEL WEBER 146294 DEPARTMENT OF CONSERVATION S MIP FOR 04/1/2022 - 06/30/2022 146295 DIVISION OF THE STATE ARCHITECT SB 1186 FOR - APRIL 1, 2022 - JUNE 30, 2022 146296 DOUGLAS YOUNG VISION REIMBURSEMENT 1 OF 2 - DOUGLAS YOUNG 146297 DOUGLAS YOUNG VISION REIMBURSEMENT 2 OF 2 - DOUGLAS YOUNG 146298 ERLER & KALINOWSKI, INC. WATER SUPPLY ASSESSMENT 146299 EOA, INC. LAGOON WATER TEST - 2/2022 - 6/2022
146300 ERIC DREESMAN EMPLOYEE REIMBURSEMENT - ERIC DRESSMAN 146301 ESTERO MUNICIPAL IMPROVEMENT DISTRICT WATER SERVICES - APRIL - JUNE 2022 146302 EWING IRRIGATION PRODUCTS MISCELLANEOUS MATERIAL & IRRIGATION SUPPLIES - PARKS
146303 FANCY LEONG CLASS REFUND - BREAKAWAY 22-3
146304 FILCO LLC EVENT CONCESSIONS DEPOSIT
146305 FIREMASTER KITCHEN HOOD & DUST SYSTEM
146306 ROGER FISHER UNIFORM ALLOWANCE - POLICE
146307 FITI RUSLI VISION REIMBURSEMENT - FITI RUSLI
146308 FORELAND PARTS INC. AUTO PARTS
146309 GANESH SUBRAMANI BABU CLASS REFUND - WAYOUTBACK22-4 146310 GARRETT GOTTHARDT VISION REIMBURSEMENT - GARRETT GOTTHHARDT 146311 GAWFCO ENTERPRISES INC CARWASH SERVICES - JUNE 2022 146312 SANJAY GEHANI SYNTHETIC TURF REBATE
146313 GENARO MUNOZ VISION REIMBURSEMENT - GENARO MUNOZ 146314 GEORGE BEAVERS VISION REIMBURSEMENT - GEORGE BEAVERS 146315 GLOBAL INDUSTRIAL INDUSTRIAL SUPPLIES & MATERIALS - PARKS 146316 GOETZ BROTHERS SPORTING GOODS MEN'S & WOMEN'S SOFTBALLS 7/14/2022 40.00
7/14/2022 5,925.39
7/14/2022 182.66
7/14/2022 3,732.21
7/14/2022 80.80
7/14/2022 41.54
7/14/2022 147.66
7/14/2022 3,534.70
7/14/2022 2,533.00
7/14/2022 37.91
7/14/2022 344.96
7/14/2022 922.75
7/14/2022 520.00
7/14/2022 2,500.00
7/14/2022 815.78
7/14/2022 60.00
7/14/2022 200.00
7/14/2022 128.20
7/14/2022 960.00
7/14/2022 171.74
7/14/2022 404.55
7/14/2022 1,680.00
7/14/2022 200.00
7/14/2022 182.63
7/14/2022 3,304.88
7/14/2022 1,749.65
273
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146317 THE GOODYEAR TIRE & RUBBER COMPANY AUTO PARTS
146318 RUEDI GRAF INSTRUCTOR FEE - SOCCER
146319 GRAINGER MISCELLANEOUS SUPPLIES - WATER PROGRAM
146320 GRANITE ROCK COMPANY #26462 MISCELLANEOUS SUPPLIES - STREET PROGRAM 146321 GRAPHIC ELECTRONICS, INC. MEMORIAL BENCH PLATE
146322 HOME DEPOT CREDIT SERVICES MISCELLANEOUS SUPPLIES - PARKS, SEWER, AND

WATER PROGRAM
146323 ICMA MEMBERSHIP RENEWALS ICMA MEMBERSHIP FY2022/2023 146324 INTERSTATE TRAFFIC CONTROL PROD INC MISCELLANEOUS SUPPLIES - STREET PROGRAM 146325 IWONA SAMSEL CLASS REFUND - BREAKAWAY 22-3
146326 JAMES GERANIOS EMPLOYEE REIMBURSEMENT - JAMES GERANIOS 146327 JAY'S TOWING SERVICE LLC TOWING SERVICES
146328 ZHIMEI JIANG INSTRUCTOR FEE - CREATE & LEARN INC 146329 JOANNE DAI UTILITY OVERPAYMENT REFUND
146330 JOE TAMAYO VISION REIMBURSEMENT - JOSE TAMAYO
146331 JOSE ROJO VISION REIMBURSEMENT - JOSE ROJO
146332 JULIO CLEANING AND MAINTENANCE JANITORIAL SERVICE - 7/4/2022 146333 JUSTIN LEVERS VISION REIMBURSEMENT - JUSTIN LEVERS 146334 KATRINA RELOS LAGOON ROOM REFUND
146335 KELLY-MOORE PAINT COMPANY INC. PAINT SUPPLIES
146336 KOFF & ASSOCIATES, INC. CLASSIFICA TION STUDY SERVICES - JUNE 2022 146337 KOFFLER ELECTRICAL MECHANICAL PUMP REPAIR
146338 L & M DISTRIBUTION INC TENNIS COURT SUPPLIES
146339 LDVALI, LLC INSTRUCTOR FEE - LINE DANCE
146340 LORAL LANDSCAPING INC. REPAIR IRRIGATION LEAK - EAST HILLSDALE & FOSTER CITY BLVD.
146341 LYNGSO GARDEN MATERIALS, INC. GROUND REDWOOD BARK 7/14/2022 1,282.19
7/14/2022 2,198.00
7/14/2022 2,188.82
7/14/2022 3,657.81
7/14/2022 235.00
7/14/2022 6,159.47
7/14/2022 200.00
7/14/2022 4,592.44
7/14/2022 420.00
7/14/2022 4,086.38
7/14/2022 95.00
7/14/2022 183.40
7/14/2022 135.98
7/14/2022 200.00
7/14/2022 193.78
7/14/2022 2,160.00
7/14/2022 200.00
7/14/2022 500.00
7/14/2022 145.71
7/14/2022 1,842.50
7/14/2022 20,739.22
7/14/2022 1,104.42
7/14/2022 495.00
7/14/2022 295.00
7/14/2022 5,127.50
274
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146342 MARLENE SUBHASHINI EMPLOYEE REFUND - MARLENE SUBHASHINI 146343 MAROON VIBES SUMMER CONCERT - 8/5/2022
146344 MCMASTER-CARR TAGS AND TAPE
146345 MELISSA LIN VISION REIMBURSEMENT - MELISSA LIN
146346 METRO LIGHTING DBA WESCHEM INC. LIGHTING SUPPLIES 146347 MIMI LAM VISION REIMBURSEMENT - MIMI LAM
146348 MISSION LINEN SUPPLY-UNIFORM LAUNDRY SERVICES
146349 MORRIS MOUSSA INSTRUCTOR FEE - YOUTH CERAMICS
146350 MURRAYSMITH INC CIP690:SEISMIC IMPROVEMENT MANAGEMENT 146351 N. GLANTZ & SON LLC SIGN MAKING MATERIALS
146352 NANOGAN SCIENCE & SERVICES, LLC INSTRUCTOR FEE - MAD SCIENCE 146353 NAVIA BENEFIT SOLUTIONS, INC. PARTICIPANT FEE - JUNE 2022 146354 NBC SUPPLY CORP LATEX EXAM GLOVES
146355 NORCAL SOUND CO. SOUND SERVICES - JULY 2022
146356 NWESTCO LLC UST OPERATOR INSPECTION
146357 OFFICE DEPOT OFFICE SUPPLIES
146358 OPEN AIR CINEMA LLC PROJECTOR KIT
146359 GREGORY N ORDUYAN INSTRUCTOR FEE - GRAPHIC DESIGN 146360 NATHAN OWENS SUMMER CONCERT - 7/29/22
146361 PACE GLASS COMPANY WINDOW REPAIRS
146362 PACIFIC GAS & ELECTRIC COMPANY ELECTRICITY AND GAS - JUNE 2022 146363 PACIFIC OFFICE AUTOMATION, INC COPIER USAGE CHARGES 146364 ANTHONY REY PADILLA UNIFORM ALLOWANCE - POLICE
146365 PEI MIN LI VISION REIMBURSEMENT - PEI MIN LI
146366 PEN MEDIA MONTHLY COUNCIL AND PLANNING COMMISSION

MEETINGS VIDEO SERVICE FEE AND TECHNICIAN
SERVICE FEE - MAY - JUNE 2022
7/14/2022 10.07
7/14/2022 1,000.00
7/14/2022 65.20
7/14/2022 200.00
7/14/2022 410.68
7/14/2022 200.00
7/14/2022 98.00
7/14/2022 1,802.50
7/14/2022 5,248.00
7/14/2022 875.65
7/14/2022 4,008.00
7/14/2022 99.00
7/14/2022 2,955.05
7/14/2022 7,650.00
7/14/2022 250.00
7/14/2022 845.29
7/14/2022 5,931.00
7/14/2022 1,449.00
7/14/2022 2,000.00
7/14/2022 879.64
7/14/2022 11,053.99
7/14/2022 1,553.66
7/14/2022 60.00
7/14/2022 200.00
7/14/2022 4,950.00
275
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146367 PENINSULA GYMNASTICS INSTRUCTOR FEE - GYMNASTICS 146368 PENINSULA POWER WASH PRESSURE WASHING SERVICES
146369 PENINSULA SPORTS OFFICIALS ASSOC. ADULT SOFTBALL UMPIRES 146370 PENINSULA UNIFORMS & EQUIPMENT,INC. POLICE EQUIPMENT & SUPPLIES 146371 PERS LONG-TERM CARE PROGRAM INSURANCE PREMIUM - JULY 2022 146372 PETTY CASH/FC POLICE DEPT PETTY CASH REIMBURSEMENT 146373 PETTY CASH/JACQUELYN TIFFANY KITCHEN SUPPLIES
146374 PICASSO PAINTING PAINT 27 STREET POLES
146375 FERGUSON ENT #3325-DBA POLLARDWATER MISCELLANEOUS SUPPLIES - WATER PROGRAM 146376 PLAN JPA GENERAL LIABILITY AND PROPERTY MEMBER

CONTRIBUTIONS
146377 POP FICTION LLC CONCERT FINAL PAYMENT - 7/15/22 146378 POWERDMS, INC. SOFTWARE UPDATES
146379 PREFERRED ALLIANCE "DOT"COMPLIANCE EXPENSE - MAY 2022 146380 PRUDENTIAL OVERALL SUPPLY TOWEL/UNIFORM LAUNDRY SERVICE 146381 READYREFRESH BY NESTLE DRINKING WATER - JUNE 2022 146382 REGIONAL GOVERNMENT SERVICES (RGS) LEVEE PROJECT SERVICES -MAY 2022 146383 RICOH USA, INC COPIER SERVICES
146384 SAN MATEO CO CONTROLLER'S OFFICE SHAR ED PARKING PENALTY REVENUE - JUNE 2022 146385 COUNTY OF SAN MATEO CLETS ACCESS - JUNE 2022
146386 SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - STREET PROGRAM 146387 SCHAAF & WHEELER CONSULTING CIP 657:LEVEE PROTECTION PLANNING AND IMPROVEMENTS - MAY 2022
146388 SERVICE PRESS INC. BUSINESS CARDS - LOUIS SUN
146389 SHI FU CLASS REFUND - WAYOUTBACK 22-4
146390 SHIMMICK CONSTRUCTION COMPANY INC CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT - JUNE 2022
7/14/2022 544.00
7/14/2022 12,095.00
7/14/2022 94.00
7/14/2022 4,010.82
7/14/2022 134.83
7/14/2022 259.17
7/14/2022 248.30
7/14/2022 18,350.00
7/14/2022 656.25
7/14/2022 1,017,425.00
7/14/2022 900.00
7/14/2022 5,994.82
7/14/2022 237.80
7/14/2022 78.31
7/14/2022 297.11
7/14/2022 6,993.00
7/14/2022 226.32
7/14/2022 632.60
7/14/2022 493.52
7/14/2022 3,473.56
7/14/2022 125,408.59
7/14/2022 173.83
7/14/2022 455.00
7/14/2022 1,707,688.88
276
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146391 SOMYUNG RICHMOND CLASS REFUND -SUMMER22.K2A
146392 SST BENEFITS CONSULTING & INS SVCS. QUARTERLY MEETING - 4TH QUARTER 2021 146393 STAPLES BUSINESS CREDIT OFFICE SUPPLIES
146394 T.H.E. OFFICE CITY OFFICE SUPPLIES
146395 KAREN M TESKE INSTRUCTOR FEE - ZUMBA
146396 THE EDCCO GROUP, INC. SOFTWARE SUPPORT SERVICES
146397 THE HOME DEPOT PRO JANITORIAL SUPPLIES - PARKS PROGRAM 146398 THERMAL MECHANICAL INC. HVAC SYSTEM REPAIR
146399 THOMAS SARSFIELD INSTRUCTOR FEE - TENNIS
146400 TIFCO INDUSTRIES MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 146401 TRACKER, A DIVISION OF C2, LLC. ANNUAL FEE - 6/30/2022 - 6/30/2023 146402 TRAFFIC PATTERNS,LLC CIP697:TRAFFIC SIGNAL DESIGN 146403 TRI-VALLEY MOTO MOTORCYCLE PARTS
146404 TRIPEPI, SMITH & ASSOCIATES, INC. CI P657:LEVEE PROTECTION PLANNING AND IMPROVEMENT - JUNE 2022
146405 HENRY TRUONG UNIFORM ALLOWANCE - POLICE
146406 TURBO DATA SYSTEM, INC. CITATION PROCESSING - JUNE 2022 146407 ULINE 7 PNL PORTABLE RM DIVIDER
146408 UNITED LABORATORIES MISCELLANEOUS SUPPLIES - SEWER PROGRAM 146409 URBAN PLANNING PARTNERS INC. PROFESSIONAL SERVICES - MAY 2022 146410 VERITIV OPERATING COMPANY JANITORIAL SUPPLIES
146411 VISION SERVICE PLAN - (CA) VISION PREMIUM - JULY 2022 146412 WE GO LOGO DEPARTMENT APPAREL
146413 WEI LEW REFUND - MEMORIAL BENCH
146414 WENDY LIU CLASS REFUND - CAMP22.A4-A
146415 WEST MARINE PRODUCTS, INC. MISC ELLANEOUS SUPPLIES - LAGOON PROGRAM 146416 WILSEY HAM PROFESSIONAL SERVI CES - CIP657:LEVEE PROTECTION 7/14/2022 193.00
7/14/2022 3,500.00
7/14/2022 172.56
7/14/2022 1,036.28
7/14/2022 541.32
7/14/2022 24,266.00
7/14/2022 1,680.25
7/14/2022 3,800.00
7/14/2022 5,857.60
7/14/2022 537.03
7/14/2022 4,380.00
7/14/2022 5,145.00
7/14/2022 1,114.39
7/14/2022 7,893.75
7/14/2022 60.00
7/14/2022 32.62
7/14/2022 1,623.53
7/14/2022 3,473.20
7/14/2022 5,175.00
7/14/2022 112.28
7/14/2022 1,218.77
7/14/2022 616.97
7/14/2022 3,500.00
7/14/2022 837.00
7/14/2022 902.23
7/14/2022 1,416.00
277
Prepared Date 7/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2
Check Number Vendor Name DescriptionCheck Date Check Amount 146417 YUAN GAO SMART CONTROLLER REBATE
146418 ZUMAR INDUSTRIES STREET SIGNS
146419 888 INC INSTRUCTOR FEE - TENNIS
7/14/2022 157.92
7/14/2022 4,492.06
7/14/2022 1,004.80
3,370,521.66
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON JULY 14, 2022 278
Prepared Date 07/14/2022 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2023/1
Report Number 2A
ACH Date ACH Vendor Name Description
7/14/2022 ACH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CalPERS)
1959 SURVIVOR BILLING -
MISCELLANEOUS CLASSIC 32558
3,783.50
7/14/2022 ACH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CalPERS)
1959 SURVIVOR BILLING -
MISCELLANEOUS PEPRA 27504
3,172.50
7/14/2022 ACH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CalPERS)
1959 SURVIVOR BILL - SAFETY PD
CLASSIC 1ST TIER 32556
925.90
7/14/2022 ACH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CalPERS)
1959 SURVIVOR BILLING - SAFETY PD
PEPRA 25911
1,029.30
7/14/2022 ACH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (CalPERS)
1959 SURVIVOR BILL - SAFETY PD
CLASSIC - 2ND TIER 32557
112.80
7/14/2022 ACH CALIFORNIA BUILDINGS STANDARDS

COMMISSION
GREEN BUILDING FEE FOR 4/1/2022-
6/30/2022
1,987.20
11,011.20
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
ACH ON THIS REGISTER PROCESSED ON JULY 14, 2022
Amount
279