Agenda packet — Foster City City Council, August 15, 2022 (part 1 of 4)

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVER NMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC

THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/86499169530 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.

To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.

To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404

To Provide Public Comment in Person:
• Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until t he staff presentation on an agenda item ends, or until the public comment period on non- agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to: https://fostercity-org.zoom.us/j/86499169530

• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 864 9916 9530

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

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
1 • Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA

Monday, August 15, 2022 6:30 PM

REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi

4. PUBLIC

Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

5. CITY/EMID CONSENT CALENDAR

All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board me mber
so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

2 5.1. City/EMID Minutes

5.1.1. City/EMID Regular Meeting of August 1, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-96 and EMID Resolution Number to be used tonight is 3672)

5.2.1. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing an Agreement Dated August 15, 2022, with Freyer & Laureta, Inc., for Emergency Generator Design Services for CIP 455-705 Emergency Generator
Replacements Project (FY 2021-2022) in an Amount Not to Exceed $240,128.00
a) Staff Report
b) Adopt Resolution

5.2.2. A Resolution of the City Council of the City of Foster City Approving an Agreement for Professional Services in an Amount Not to Exceed $72,885 With Cascadia Consulting Group, Inc. for Climate Action Plan Outreach
a) Staff Report
b) Adopt Resolution

5.2.3. A Resolution of the City Council of the City of Foster City Rescinding Resolution No. 2020-65 and Naming City Manager Stefan Chatwin as Its Designee to Review Applications for the Independent Citizens’ Bond Oversight Committee (Levee Bond Oversight Committee) and to Recommend Applicants for
Appointment by the City Council
a) Staff Report
b) Adopt Resolution

5.2.4. A Resolution of the City Council of the City of Foster City Approving an Amended Policy Statement for the Citizens
Sustainability Advisory Committee Changing the Membership From One Youth Member to Two Youth Members and Updating the Initial Terms
a) Staff Report
b) Adopt Resolution

5.2.5. A Resolution of the City Council of the City of Foster City Accepting the Work by First Serve Productions, Inc. For the Sport Court Resurfacing Project (CIP 301-701) and Directing the City Clerk to File the Notice of Completion
a) Staff Report
b) Adopt Resolution

3 5.2.6. A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Proposals for Consultant Services for Developing and Adopting a Local Energy Reach Code Including Performing an Electrical Capacity Study of the City of Foster City, Cost Effectiveness Study, Energy Savings Study and Community Engagement
a.) Staff Report
b.) Adopt Resolution

5.2.7. A Resolution of the City Council of the City of Foster City Amending the Economic Development/Sustainability
Subcommittee Meeting Schedule to Bimonthly, the Third
Thursday at 5:00 P.M., pursuant to the City Council
Subcommittees Policy
a) Staff Report
b) Adopt Resolution

5.2.8. a) A Resolution of the City Council of the City of Foster City Appropriating an Additional $29,000 in Fiscal Year 2021-2022 to City Attorney General Fund, Account No. 001-0310-412-4251, for Legal Services; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating an Additional $29,000 in Fiscal Year 2021-2022 to City Attorney General Fund, Account No. 001-0310-412-4251, for Legal Services
c) Staff Report
d) Adopt Resolutions

5.2.9. a) A Resolution of the City Council of the City of Foster City Appropriating an Additional $39,422 in Fiscal Year 2022-2023 to the City Clerk/Communications Department General Fund
Account N
o. 001-0210-411-4110; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating an Additional $39,422 in Fiscal Year 2022-2023 to the City Clerk/Communications
Department General Fund Account No.
001-0210-411-4110
c) Staff Report
d) Adopt Resolutions

5.2.10. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local
Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by
4 Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions

6. PUBLIC HEARINGS

6.1. A Public Hearing to Hear and Consider an appeal of the Planning Commission’s denial of a Recommendation to the City Council to amend the Foster City Zoning Map to Modify the Previously Approved General Development Plan (GDP) and Denial of Specific Development Plan/Use Permit; and Consideration of Planning Commission’s Recommendation to City Council to Certify the Final Environmental Impact Report (EIR) Including Adoption of Findings Under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) for the Proposed Development of a New, Approximately 124,395 Square-foot, Four-story Research and Development Office Building at the Former El Torito Restaurant Site Located at 388 Vintage Park Drive – EA2021-0001, RZ2021-0003 AND UP2021-0023
a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action - By Minute Order, Provide Direction to Staff

7. NEW BUSINESS

7.1. Interview and by Minute Order Consider Appointment of One Citizen to a Partial Term from January 1, 2020 through December 31, 2022 on the Traffic Review Committee: Fikret Caner Gocmen and Gary Pollard a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order

7.2. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2022 Annual Conference
a) Staff Report
b) By Minute Order, Appoint Voting Delegate and Alternate

8. REPORTS

8.1. Report on Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for April through June 2022
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

5 8.2. Levee Improvements Project (CIP 327-657) - Monthly General Update a) Staff Report
b) Action - By Minute Order, Receive and Accept the Report

8.3. Consideration of the Foster City Lagoon Management Plan a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. An Ordinance of the City of Foster City Amending Title 8, Health and Safety, of the Foster City Municipal Code to Add a New Chapter 8.11, Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Twenty-six (CCO #26) to Shimmick Construction Co., in the Amount of $2,809,766.91 to Add Controlled Density Fill and Construct Americans With Disabilities Act Revisions for the Levee Protection Planning and Improvements Project (CIP 327-657)
a) Staff Report
b) Action - Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on July 28, 2022 and ACH were processed on July 28, 2022 and August 5, 2022 and ACH were processed on August 5, 2022.
a) Information Item Only
b) No Action Required

12. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS

AND REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

6 13. ADJOURNMENT

The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.

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

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)

City Council meetings on https://www.fostercity.org/community/page/fctv-live-stream:

STREAMED LIVE every 1st and 3rd Monday of the month

City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 1, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 1, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney; Jennifer Phan, Deputy City Manager; Edmund Suen, Finance Director, Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Martin Ticas, Police Captain; Kent Thrasher, Fire Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Julie Paping, Principal Management Analyst; Vanessa Brannon, Senior Management Analyst; Francine Magno, Senior Engineer; Shuli Chen, Video Technician and Yelena Cappello, Deputy City Clerk/Deputy Recording Secretary.

PUBLIC
The following people addressed the City Council via email regarding the appointment of Shilpi Goel to the Citizens Sustainability Advisory Committee:

1. Mona Rakibe;

2. Surabhi Gupta;

3. Ranjana Suresh;

4. Sobha Ketker;

5. Varun Deveshwar;
8 6. Affi Ekerenduh;

7. Mona Melwani;

8. Pushpa;

9. Priya S.;

10.Sandhya Rajput;

11.PB B;

12.Gauri Shanker Gupta & Beena Gupts;

13.Paroma Sen;

14.Sandeep Goel;

15.Ashish & Megha Sharma;

16.Rinad Hawit;

17.Rajshree Dave;

18.Phoebe Venkat;

19.Akanksha Aggarwal;

20.Gayatri Takle;

21.Anita Handa;

22.Supriya Singh;

23.Hema;

24.Anupama Singh;

25.Kanika;

26.Milind and Alka Paranjpe;

27.T K Kachru;

28.Kamlakar Singh;

29.Uma Nair;

30.S.C. Sharma & Urmila Sharma;

31.Neerja Ojha;

32.Varsha Mhaskar;

33.Monisha Kela;

34.Sneha Ghanekar;

35.Pallavi Vanacharla;

36.Ammu;

37.Sandeep;

38.Monica Gangal;

39.Amy J. Bedard;

40.Raunak Sabhani;

41.Anita Sunder;

42.Marcella and Alan McColl; and

43.Lakshimi Albright.

The following people addressed the City Council via email regarding geese mitigation:

1. Susan Russell;

2. Mark Barthel;

3. Amy Breedlove;

4. Shweta Sakiraju;

5. Henry Schawarz;

6. Susan Shankle;
9 7. Ken Beresini;

8. Mike Caggiano;

9. Marty Moga;

10.Catherine Christen;

11.Caryn Huberman;

12.RE;

13.David Susman;

14.Michael Delancellotti;

15.James (Jim) Fong;

16.Laura DeVries Hogan;

17.Rebecca Sunshine; and

18.David R Dorazio.

Bart Bessling, representing Island J Homeowners’ Association, addressed the City Council via email regarding Recology trucks spillage.

The following people addressed the City Council in person regarding geese mitigation:

1. Shireef Elmakaw;

2. Michael Schultz;

4. Lynette Hilcuox;

5. Antonia Mooore;

6. Miyuki Schinmozuka;

7. Katherine Thamin; and

8. Jonathan Gill.

Kandy O’Mara addressed the City Council regarding the process for agendizing items.

The following people addressed the City Council via teleconference regarding geese mitigation:

1. Brent Turner;

2. Doreen Frega, Animal Protection League of New Jersey

3. Alison Barnard;

4. Dawn M;

5. Lisa Levinson, representing In Defense of Animals;

6. Angela Stucker; and

7. Jayce Stucker
Moises Villeda, field representative for Northern California Carpenters Regional Council, addressed the City Council regarding the proposed appeal of the project on the former El Torito site (388 Vintage Park project).

CONSENT CALENDAR
Motion by Councilmember/Director Gehani, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
10 City/EMID Consent Calendar

1. Minutes of Regular Meeting of July 18, 2022;

2. City Resolution No. 2022-90, “A Resolution of the City Council of the City of Foster City Accepting the Work by Mike Brown Electric Co. for the Dynamic Signage for Traffic Relief Pilot Program (CIP 301-694) and Directing the City Clerk to File the Notice of Completion;”

3. City Resolution No. 2022-91, “A Resolution of the City Council of Foster City Authorizing a Transfer of $327,945.50 From Fund 501 to CIP 301-700 and Approving the Issuance of a Request for Proposals for Professional Engineering Design Services Associated With Fuel Systems Improvement Project (CIP 301- 700);”

4. City Resolution No. 2022-92, “A Resolution of the City Council of the City of Foster City Approving Task Order CSG-2022-01 with CSG Consultants, Inc in the Amount of $100,000 for City Projects and Without Limitation for Land Development Projects for Temporary Staff Augmentation and Inspection Services;”

5. EMID Resolution No. 3669, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order CSG-2022-01 with CSG Consultants, Inc in the Amount of $100,000 for City Projects and Without Limitation for Land Development Projects for Temporary Staff Augmentation and Inspection Services;”

6. City Resolution No. 2022-93, “A Resolution of the City Council of the City of Foster City Authorizing Edmund Suen and Mimi Lam as Authorized Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts;”

7. EMID Resolution No. 3670, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Edmund Suen and Mimi Lam as Authorized Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts;”

8. City Resolution No. 2022-94, “A Resolution of the City Council of the City of Foster City Authorizing Investment of Monies in the Local Agency Investment Fund;”

9. EMID Resolution No. 3671, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Investment of Monies in the Local Agency Investment Fund;” and

10.Cancel the January 3, 2023 Regular Meeting of the City Council/EMID Board of Directors of the City of Foster City/Estero Municipal Improvement District.

NEW BUSINESS

APPOINTMENT OF FIVE RESIDENTS, ONE YOUTH MEMBER, AND

REPRESENTATIVES FROM TWO BUSINESSES, AND ONE NON-PROFIT TO EITHER

A TWO-YEAR TERM OR THREE-YEAR TERM ON THE CITIZENS SUSTAINABILITY ADVISORY COMMITTEE. MINUTE ORDER NO. 1865.
11 Senior Management Analyst Brannon and Deputy City Clerk Cappello presented the staff report.

Discussion ensued.

By Consensus of the City Council, Minute Order No. 1865 was adopted, appointing:

1. Resident Members Shilpi Goel, Maxwell Kwan, and Nilofer Motiwala and Youth Members Struti Goel and Siddharth Gogi to a two-year term from September 1, 2022 to August 3, 2024; and

2. Resident Members Ronald Haupt and Lawrence Staley and Major Employer Representative Nicole Kho (Gilead Sciences) and Non-Profit Representative Marah Curry (Foster City Chamber of Commerce) to a two-year term from September 1, 2022 to August 31, 2025.

LOCAL ELECTRIC VEHICLE (EV) AND ENERGY REACH CODES DEVELOPMENT SUPPORT SERVICES. MINUTE ORDER NO. 1866.

Community Development Director Subhashini and Chief Building Office Cooper presented the staff report.

Deuce Cruse and Kay Ballyntyne addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, directing staff to receive and accept the report on Local Electric Vehicle (EV) and Energy Reach Codes Development Support Services and return to the City Council for authorization to issue a request for proposals (RFP) for consultant services to conduct analysis on the economic impacts and engineering infrastructure impacts of adopting Reach Codes.

REPORTS
ADVOCACY POSITIONS ON PRIORITY LEGISLATION FOR THE 2022 STATE LEGISLATURE. MINUTE ORDER NO. 1867.

Community Development Director Subhashini and Deputy City Manager Phan presented the staff report.

Evan Adams addressed the City Council in person.

Discussion ensued.

By Consensus of the City Council, Minute Order No. 1867 was adopted, 12 1. Approving recommended advocacy positions on bills as listed below and authorizing the Mayor to sign letters of support or opposition on behalf of the City Council; and

2. Authorizing the City Manager and staff to formally engage in legislative activities to support those positions throughout the legislative session.

SB 1131 Address confidentiality: public entity
employees and contractors
Support (5-0-0)
AB 2807 Transportation funding programs: eligibility:
commercial harbor craft: public transportation
ferries
Support (5-0-0)
SB 922 California Environmental Quality Act:
exemptions: transportation-related projects
Support (5-0-0)
AB 2953 Department of Transportation and local
agencies: streets and highways: recycled
materials
Oppose (4-1-0) –
Councilmember Hindi
voted “no”
SB 1157 Urban water use objectives Oppose (5-0-0)
AB 2011 Affordable Housing and High Road Jobs Act
of 2022
Oppose (5-0-0)
AB 2234 Planning and zoning: housing: post-
entitlement phase permits
Neutral (5-0-0)
AB 2097 Residential, commercial, or other
development types: parking requirements
Watch (5-0-0)
SB 897 Accessory dwelling units: junior accessory
dwelling units
Watch (5-0-0)
AB 916 Zoning: accessory dwelling units: bedroom
addition
Watch (5-0-0)
AB 2449 Open meetings: local agencies:
teleconferences
Watch (5-0-0)
RECESS. The meeting recessed at 9:23 p.m. and reconvened at 9:30 p.m.

RESOLUTIONS FOR ADOPTION

REQUEST FOR PROPOSAL FOR PROFESSIONAL DESIGN, BIDDING, AND

CONSTRUCTION SUPPORT SERVICES FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678). CITY RESOLUTION NO. 2022-95.

Parks and Recreation Director Schweigart presented the staff report. 13 Fred Baer addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-95, “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).”

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

City/District Warrants of Demands were processed and issued on July 14, 2022 and ACH were processed on July 14, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Sullivan stated he attended the Council of Cities meeting on July 22, and met with City Manager Chatwin. On June 27, he attended the Police Department’s Badge Pinning Ceremony. On July 28, he attended the City/County Association of Governments (C/CAG) Airport Land Use Committee meeting and the Crumbl Cookies Ribbon Cutting event hosted by the Chamber of Commerce. He thanked the public for providing their input on geese mitigation.

Councilmember/Director Gehani thanked staff for their work in today’s staff reports. He stated he hears the concerns and passion regarding the geese and clarified that the City Council has not made a decision on geese depredation and stated they are not looking to eradicate the geese but to control the population.

Councilmember/Director Hindi stated he attended the Economic Development and Sustainability Subcommittee Meeting on July 21 with Mayor Awasthi. He also attended the Bay Area Water Supply & Conservation Agency (BAWSCA) meeting and they discussed persistent statewide drought conditions, and he thanked everyone for using water wisely. He attended the Council of Cities meeting on July 22, hosted by the City of South San Francisco. He also attended the Peninsula Clean Energy (PCE) meeting on July 28, and reminded the public about the benefits of solar panels and turf.

Vice Mayor/Vice President Froomin requested that staff utilize the Simplicity app and other forms of social media to release notice as soon as an agenda is published.

Mayor/President Awasthi stated she attended the Economic Development and Sustainability Subcommittee Meeting on July 21 and looks forward to hearing more about a pilot on how to improve vibrancy at Leo J. Ryan Park. On July 22, she attended the 14 Council of Cities meeting, and the Bay Area Council Climate Change Mitigation Task Force Meeting, where they discussed best practices related to climate change. On July 27, she attended the Police Department’s Badge Pinning Ceremony and said it was a great event. On July 28, she attended the Crumbl Cookies Ribbon Cutting, hosted by the Chamber of Commerce.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 10:17 p.m.
15 DATE: August 15, 2022

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

VIA: Stefan Chatwin, District Manager

FROM: Louis Sun, Public Works Director

SUBJECT: AUTHORIZING AN AGREEMENT WITH FREYER & LAURETA, INC., FOR EMERGENCY GENERATOR DESIGN SERVICES
FOR CIP 455-705 EMERGENCY GENERATOR
REPLACEMENTS PROJECT (FY 2021-2022) IN AN AMOUNT
NOT TO EXCEED $240,128.

RECOMMENDATION

It is recommended that the EMID ("District") Board adopt the attached resolution authorizing an agreement with Freyer & Laureta, Inc., for professional design services for CIP 455-705 Emergency Generator Replacements Project (FY 2021-2022) in an amount not to exceed $240,128.

EXECUTIVE SUMMARY

Staff prioritized the design and replacement of the emergency generators and automatic transfer switches at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22. These three are at the end of their useful lives and resources have been required to make temporary fixes to keep them reliably operational. Additional resources are likely to be required until new units are installed.
16 Because of the technical nature of emergency generators, a professional design firm is needed to prepare the design and scope of work for the project.

The District Board approved the issuance of a Request for Proposals (RFP) at its meeting on June 6, 2022.

Two (2) proposals were received by the deadline. After the qualification- based selection process, Freyer & Laureta, Inc. was determined to be the most qualified firm for the project and is recommended to the District Board for award.

The cost for required tasks 1-4 is $202,684. Alternative 1 (task 5) is an additional $37,444, for a not-to-exceed contract cost of $240,128. Funding is available in the CIP 455-705 Emergency Generator Replacement Project budget.

BACKGROUND

The District’s 48 lift stations pump sewage to receiving manholes at higher elevations. Emergency generators are located at EMID’s 14 major lift stations.

Emergency generators power lift stations when power from PG&E is interrupted or shut down. The automatic transfer switch senses when PG&E power is interrupted and causes the emergency generator to turn on. Without emergency generators, in the event of a power outage, lift stations could fill with sewage and possibly overflow.

CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches located at eight (8) of the District’s wastewater lift stations (Lift Stations 10, 12, 14, 15, 16, 29, 43 and 59) and the emergency generators only at Lift Stations 22 and 26. Staff prioritized the design and replacement of the emergency generators and automatic transfer switches at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22.

These three are at the end of their useful lives and resources have been required to make temporary fixes to keep them reliably operational. Additional resources are likely to be required until new units are installed.

Because of the technical nature of emergency generators, a professional design firm is needed to prepare the design and scope of work that will be used to engage the construction firm for the project. The District Board approved the issuance of a Request for Proposals (RFP) at its meeting on 17 June 6, 2022, to engage a qualified firm with the requisite experience for this very important project.

ANALYSIS

Two (2) proposals were received by the deadline of June 28, 2022, from firms that are highly qualified to provide professional engineering services to design the emergency generators. An evaluation committee consisting of staff members from the Public Works Engineering and Maintenance Divisions reviewed the proposals. While both firms were found to be acceptable and could do the work, after the qualification-based selection process, Freyer & Laureta, Inc. submitted a proposal that demonstrated a fuller understanding of and complete approach to the project and was determined by all raters to be the most qualified firm for the project.

The attached agreement is for the design of emergency generators at three priority lift stations. It contains four tasks required for the job, plus an optional fifth task related to abating existing underground storage tanks at these locations. Staff is currently working with another consultant to develop an agreement for replacement of the City/District’s fuel storage and dispensing system. Based on staff’s evaluation of the two projects and the relative capacity and expertise of these two consultants, Task 5 may be integrated into the agreement with the fuel systems consultant, and this task alternative will not be authorized.

CEQA

This Agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT

The cost for tasks 1-4 (base tasks) is $202,684. The cost for Alternative 1 (task 5) is an additional $37,444, for a not-to-exceed contract cost of $240,128. Funding is available for this agreement in the CIP 455-705 Emergency Generator Replacement Project budget, which has a total FY 18 2022-2023 budget of $2,300,000 for all ten lift stations.

EMID BOARD VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment with the "Facilities and Infrastructure" Value/Priority Area, since this project is the first step in replacing essential components in the wastewater system.

Attachments:
 Attachment 1 – Resolution
 Attachment 2 – Agreement
 Attachment 3 – Proposal
19 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AUTHORIZING AN AGREEMENT DATED AUGUST 15, 2022, WITH FREYER & LAURETA, INC., FOR EMERGENCY GENERATOR DESIGN SERVICES FOR CIP 455-705 EMERGENCY GENERATOR REPLACEMENTS PROJECT (FY 2021-2022) IN AN AMOUNT NOT TO EXCEED $240,128.00

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches located at eight (8) of the District’s lift stations; and WHEREAS, the emergency generators and automatic transfer switches at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22 have been prioritized because they are at the end of their useful lives; and WHEREAS, on June 6, 2022, the District Board approved the issuance of a Request for Proposals (RFP) for a professional design firm to prepare the design and scope of work for the project; and
WHEREAS, a qualification-based selection process, determined that Freyer & Laureta, Inc. was the most qualified of the two (2) firms that submitted proposals; and WHEREAS, this Agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced; and WHEREAS, funding is available for this agreement in the CIP 455-705 Emergency Generator Replacement Project budget.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve a Professional Services Agreement dated August 15, 2022, with Freyer & Laureta, Inc., for emergency generator design services for CIP 455-705 Emergency Generator Replacement Project (FY 2021-2022) in an amount not to exceed Two Hundred Forty Thousand, One Hundred and Twenty-Eight Dollars ($240,128.00).

BE IT FURTHER RESOLVED, the Board President is hereby authorized to execute the Agreement in a form approved by the City Attorney. 20 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 15 th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
21 Emergency Generator Replacement Project CIP 455-705 1

PROFESSIONAL SERVICES AGREEMENT
FOR

PROFESSIONAL ENGINEERING SERVICES FOR
CIP 455-705 EMERGENCY GENERATOR REPLACEMENT PROJECT
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the Estero Municipal Improvement District hereinafter called "DISTRICT" and Freyer & Laureta, Inc., hereinafter called "CONSULTANT".

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

WHEREAS, DISTRICT desires to retain CONSULTANT to provide Professional Engineering and related services;
WHEREAS, CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in 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.

1. 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, DISTRICT may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as DISTRICT may determine in its sole discretion. (c) DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, 22 Emergency Generator Replacement Project CIP 455-705 2 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 DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever DISTRICT determines that such termination is in DISTRICT’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

2. Compensation; Expenses; Payment. DISTRICT shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “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 Two Hundred and Forty Thousand, One Hundred and Twenty-Eight dollars ($240,128.00). Invoices for amounts in excess of Two Hundred and Forty Thousand, One Hundred and Twenty-Eight dollars ($240,128.00) 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 DISTRICT’s Manager (for contracts less than $50,000) or DISTRICT Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to DISTRICT, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to DISTRICT required by EXHIBIT A.
23 Emergency Generator Replacement Project CIP 455-705 3 DISTRICT shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until DISTRICT 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 DISTRICT may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon DISTRICT. DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event DISTRICT 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 DISTRICT’s Manager (for contracts less than $50,000) or DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the DISTRICT shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
24 Emergency Generator Replacement Project CIP 455-705 4 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 DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of DISTRICT or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as District’s agent in any capacity, whatsoever.

CONSULTANT is not entitled to any benefits that DISTRICT provides to DISTRICT 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 DISTRICT’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that DISTRICT shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, 25 Emergency Generator Replacement Project CIP 455-705 5 work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless DISTRICT 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.

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.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in 26 Emergency Generator Replacement Project CIP 455-705 6 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, DISTRICT may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse DISTRICT for such expense).

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

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

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

15. Notice. All notices required by this Agreement shall be given to the DISTRICT and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
27 Emergency Generator Replacement Project CIP 455-705 7 DISTRICT: Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Louis Sun, Public Works Director
CONSULTANT: Freyer & Laureta, Inc.
150 Executive Park Boulevard, Suite 4200
San Francisco, CA 94134
[email protected]
Attention: Jeffrey Tarantino, Vice President

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

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

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

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

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

21. Conflict 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, 28 Emergency Generator Replacement Project CIP 455-705 8 CONSULTANT represents to and agrees with DISTRICT that
CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing DISTRICT services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

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

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

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

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
29 Emergency Generator Replacement Project CIP 455-705 9

24. 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:

25. 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.

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
Dated: _________________________________ Richa Awasthi, President
ATTEST:

Dated: ________________________________ Priscilla Schaus, District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock, District Legal Counsel

CONSULTANT
Dated:

Jeffrey Tarantino, Vice President
30 Emergency Generator Replacement Project CIP 455-705 10

EXHIBIT A

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

DELIVERABLES FOR

PROFESSIONAL ENGINEERING SERVICES FOR
CIP 455-705 EMERGENCY GENERATOR REPLACEMENT PROJECT

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 Freyer & Laureta, Inc., hereinafter referred to as "CONSULTANT" and the Estero Municipal Improvement District, hereinafter referred to as "DISTRICT" providing for professional services.

1.Description of the Project: The project addresses professional engineering services for the replacement of emergency generators and automatic transfer switches located at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22.

2.Basic Services: The general scope of work is described below. CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to those described below:

2.1 Task 1: Project Management
 Project kickoff including meeting agenda and minutes;  Monthly invoicing including summary of budget status, work completed, work remaining, and projected cost to complete;
 Project baseline schedule including monthly updates with specific tasks that the EMID will be responsible for such as deliverable review, coordination of bid process, and other tasks identified by the F&L team and EMID; and  Bi-weekly progress conference calls intended to be no longer than 30 minutes.

Task 1 Deliverables:

1. Kickoff meeting agenda and minutes

2. Monthly invoices including status reports

3. Baseline schedule and monthly updates

4. Bi-weekly conference call agendas

2.2 Task 2: Data Collection
 Site visit to perform field measurements, photographs, and document existing conditions to allow creation of drawings of sufficient detail to document the location of existing equipment to be removed.
 Review EMID-provided record drawings for the existing three pump stations.  Review EMID-provided records from regular UST testing to provide feedback to the EMID about potential removal of the existing UST or if a future project for the removal of the UST is feasible.

Task 2 Deliverables:

1. Field reports for each pump station with copies of all sketches, measurements, and photographs

2.3 Task 3: Prepare Construction Documents
 Develop recommendations for replacement emergency generator including integral fuel storage tanks, automatic transfer switches (ATS), and sequence of construction 31 Emergency Generator Replacement Project CIP 455-705 11 and present in a technical memorandum.
 Develop drawings and technical specifications for the proposed improvements including but not limited to demolition, site preparation, concrete pad, electrical single-line diagrams, ATS and conduit/wiring, and necessary details.  For the Corporation Yard-Lift Station #59, the BAAQMD regulations will require the installation of a Selective Catalytic Reduction (SCR) to reduce emissions of Nitrogen Oxides (NOx).
 Prepare BAAQMD Authority to Construct (ATC) application for EMID’s signature and coordinate with BAAQMD staff throughout the review and approval process.  Review EMID provided General Conditions to develop Supplementary General Conditions.
 Prepare Engineer’s Opinion of Probable Construction Cost (OPC).  Provide construction document submittals at the 50%, 90%, and 100% levels of completion.
 Prepare for and facilitate virtual workshops to present and review the submittals with EMID.

Task 3 Deliverables:

1. Emergency Generator and ATS Equipment Recommendations Memorandum

2. 50% Construction Documents Submittal including drawings, specifications, and OPC

3. 90% Construction Documents Submittal including drawings, specifications, and OPC

4. 100% Construction Documents Submittal including drawings, specifications, and OPC

5. BAAQMD Authority to Construct Application

6. Workshop agendas and minutes for the equipment memorandum, 50% construction documents submittal and 90% construction documents submittal

2.4 Task 4: Bid Support
 Attend one pre-bid meeting.
 Review bidder questions and prepare responses.
 Prepare one bid addendum.

Task 4 Deliverables:

1. Response to bidder questions

2. One bid addendum

2.5 Task 5: Underground Storage Tank Mitigation (Alternative 1)  Review available pertinent geologic and environmental documentation, as well as the State of California and San Mateo County requirements and guidelines for low- threat UST closure. The available data and UST closure requirements will be compiled and included in a UST Investigation Workplan, which will also outline the scope of our planned subsurface investigation.  Perform necessary field investigation including:
o Reconnaissance of the site will be performed and will consist of determining subsurface exploration equipment access, photo documentation of the site, visually identifying key site features, marking preliminary boring locations in the field, and contacting Underground Service Alert (USA) for utility marking.

A private utility locator has also been included to clear the proposed boring locations of existing utilities. A drilling permit from the San Mateo County Environmental Health Department will be obtained prior to drilling. o Subsurface exploration will be performed at both ends of the existing UST and will consist of drilling 2 borings to a depth of about 15 feet below grade.

Proposed drill depths may decrease if drill refusal occurs. The borings will be 32 Emergency Generator Replacement Project CIP 455-705 12 drilled using a mini track-mounted GeoProbe rig equipped with direct push capabilities. The field explorations are anticipated to be completed over the course of one day.
o Continuous soil samples will be collected, logged, and field-tested using a photoionization detector (PID) to determine the potential presence of volatile organic compounds (VOCs). Soil samples will be collected in new, laboratory- supplied glass jars with Teflon sealed caps. If encountered, groundwater levels will be measured in the borings and one groundwater sample will be collected for analytical testing.
 Perform soil and groundwater laboratory analysis including:
o Total Petroleum Hydrocarbons as diesel (TPH-d) (EPA Method 8015; w/ & w/o silica gel cleanup)
o BTEX, Naphthalene, and chlorinated solvents (EPA Method 8260)  Prepare UST Investigation Report including:
o Introduction including site location, description, and purpose of the investigation;
o Summary of the data review findings for the existing UST and adjacent areas; o Summary of the encountered subsurface conditions and geology; o Boring logs and analytical results from the subsurface exploration; o Conclusions from our evaluation of the subsurface soils and groundwater (if encountered) to determine whether leakage from the on-site UST has occurred.
 Develop plans and specifications for the UST remove in parallel with the work described in Task 3.

Task 5 Deliverables:

1. UST Removal Workplan

2. Draft UST Investigation Report

3. Final UST Investigation Report

4. 50% Construction Documents Submittal including drawings, specifications, and OPC

5. 90% Construction Documents Submittal including drawings, specifications, and OPC

6. 100% Construction Documents Submittal including drawings, specifications, and OPC

PAYMENTS

1. Fees shall be provided on a time and materials basis. The maximum payment to CONSULTANT under this Agreement for the Project shall be Two Hundred and Forty Thousand, One Hundred and Twenty-Eight Dollars ($240,128.00), which shall consist of a not-to exceed amount of:
Two Hundred and Two Thousand, Six Hundred and Eighty-Four Dollars ($202,684.00) for Tasks 1 through 4 (base contract).
Thirty-Seven Thousand, Four Hundred and Forty-Four Dollars ($37,444.00) for Task 5 (Alternate 1). CONSULTANT shall not proceed with any work under Task 5 without written approval from EMID.

2. Payments shall be made upon receipt of a monthly invoice from CONSULTANT based upon percent complete as of the last accounting day of the month. Invoices shall provide as summary of the work completed for that project period.

PROJECTS AND SCHEDULE
All work under this contract shall be completed no later than December 31, 2023.

END OF EXHIBIT A
33 Emergency Generator Replacement Project CIP 455-705 13

EXHIBIT B

FEE SCHEDULE
The following hourly charge rates shall be used for billing purposes:

Production Aid - Clerical $90.00
Drafter 1 – Technical Typist – Survey Tech II $95.00
Drafter II – Word Processor $100.00
Engineering Tech I – Drafter III $115.00
Staff Engineer I – Engineering Tech II – Survey Tech III $135.00 Staff Engineer II – Engineering Tech III – Survey Tech IV $140.00 Staff Engineer III – Senior Engineering Tech $145.00
Staff Engineer IV – Survey Tech V – Construction Inspector $160.00 Associate Engineer – Associate Surveyor (L.L.S.) $175.00 Senior Engineer – Construction Manager $185.00
Senior Construction Inspector $185.00
Project Manager – Principal Surveyor (L.L.S.) $200.00
Senior Project Manager – Principal Surveyor (L.L.S.) $215.00 Associate Principal $225.00
Principal $240.00
Forensic Engineering $330.00
Deposition and Court Appearances $415.00
Subconsultant, Reproduction, Printing, Travel, Mailing and Delivery – Cost plus 10% The Charge Rate Schedule may be updated annually.
34 Emergency Generator Replacement Project CIP 455-705 14

EXHIBIT C

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

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

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

Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or District as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the District ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products- Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate. 35 Emergency Generator Replacement Project CIP 455-705 15 *Please note, the District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “Estero Municipal Improvement District, its Council members, officials, agents, officers, and employees”. ☒ 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 District and must be approved by the District Risk Manager.

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

2.District as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the Estero Municipal Improvement District, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the 36 Emergency Generator Replacement Project CIP 455-705 16 following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

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

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

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

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

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above. 37 Emergency Generator Replacement Project CIP 455-705 17

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

ATTACHED

1. Insurance Coverage Form
38 Emergency Generator Replacement Project CIP 455-705 18

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:
39 Emergency Generator Replacement Project CIP 455-705 19 TELEPHONE: ( ) DATE ISSUED:
40 Emergency Generator Replacement Project CIP 455-705 20 COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between Estero Municipal Improvement District (“District”) and Freyer & Laureta, Inc. (“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 41 Emergency Generator Replacement Project CIP 455-705 21 order to be entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

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

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

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

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

6. Compensation for COVID-19 Costs. District 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. District may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to District any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a District building. In the 42 Emergency Generator Replacement Project CIP 455-705 22 event of an outbreak or an exposure to COVID-19, the District may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

CONSULTANT: DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
43 Headquarters: North Bay Office: East Bay Office:
150 Executive Park Blvd, Suite 4200 505 San Marin Drive, Suite A220 825 Washington Street, Suite 237 San Francisco, CA 94134 Novato, CA 94945 Oakland, CA 94607 Tel: (415) 534-7070 Tel: (415) 534-7070 Tel: (510) 937-2310 www.freyerlaureta.com
CIVIL ENGINEERS  SURVEYORS  CONSTRUCTION MANAGERS June 28, 2022
Estero Municipal Improvement District
Public Works Department
Attn: Louis Sun, P.E.

Public Works Director
610 Foster City Blvd.

Foster City, CA 94404
RE: Proposal for Professional Engineering Services for
Emergency Generator Replacements FY 2021-2022 (CIP 455-705) Estero Municipal Improvement District
City of Foster City, California
Dear Mr. Sun,
Freyer & Laureta, Inc. (F&L) is pleased to present to the Estero Municipal Improvement District (EMID) our proposal to provide professional engineering services for the Emergency Generator Replacements FY 2021-2022 (CIP 455-705) Project (Project). F&L has partnered with the following firms to enhance our team’s experience:
 Beecher Engineering (BE) will provide professional electrical engineering services.

BE and F&L have collaborated on numerous projects over the past 10 years that have included a variety of improvements including pump stations and emergency generators.
 Cal Engineering & Geology (CEG) will provide professional environmental services to develop and provide guidance for removal of the existing underground storage tank (UST) in compliance with the State Water Resources Control Board (SWRCB) regulations.

We have organized our proposal as follows:
 Project Understanding;
 Project Team and Experience;
 Proposed Scope of Services; and,
 Proposed Compensation.

The F&L team will leverage our experience with similar projects to provide EMID with the necessary construction documents to replace the three critical emergency generators.

Attachment 3
44 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.

PROJECT UNDERSTANDING

The Project addresses the replacement of emergency generators and automatic transfer switches that are located at three of the EMID’s wastewater lift stations and are at the end of their useful life. An emergency generator powers lift stations when power from PG&E is interrupted or shutdown. The automatic transfer switch senses when PG&E power is interrupted and causes the emergency generator to turn on. Without emergency generators in the event of a power outage, lifts stations could fill with sewage and possibly overflow. The Project addresses replacing the emergency generator and automatic transfer switch at Lift Stations 29 and 59 and the emergency generator only at Lifts Station 22.

Information about each lift station including presence of one UST is as follows:

Lift Station #22 Corner, Catamaran and Beach Park
Make: Onan Model: 155.ODFE/27540L
S/N: K840735803 Size: 155 Kw
Volts: 120/240, 3 Phase Model: NT.855-C
Engine: Cummins S/N: 50119099
Fuel: Diesel Fuel Tank Capacity: 130 Gallons
A.T.S.: Onan Model: OTNC0400-5D/1404B
Rating: 240 volts / 400 amps S/N: K840737660

Lift Station #29 Corner of Hillsdale Blvd & Edgwater Blvd.

Make: Kohler Model: 230R0Z271
S/N: 283434 Size: 230 Kw
Volts: 277/480, 3 Phase Engine: 11630274
Spec: 703645-A Model: NT-855-G4
Engine: Cummins Date of Manufacture: 06/91
Fuel Tank: Diesel, Underground 1,000 gallons
ATS: Russelectric Inc. Model: RMTD-4003CEF
Rating: 480 volts / 400 amps S/N: 18296-1

Corporation Yard-Lift Station #59 Lincoln & Centre Dr.

Make: DMT Model: DMT-1000C-2
S/N: 93102-1 Size: 1,000 Kw
Volts: 277 / 480 3 Phase Amps: 1,250
Engine: Cummins Model: KTA38-G4
Fuel: Diesel, Above ground S/N: 33125491
ATS: Zenith Model: ZTSDH160EX-7AAC/DELL PRSTU Rating: 480 volts / 1,600 amps / 3 phase S/N: 214587

45 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.

PROJECT TEAM AND EXPERIENCE

The F&L team has provided services for similar projects including:

 Coastside County Water District’s (CCWD’s) Emergency Generator project to install new Automatic Transfer Switch (ATS) and emergency generator at two critical pump stations. CCWD did not have permanent generators at two critical pump stations and F&L develop design/build construction documents to facilitate design, permitting, and installation of new ATS and emergency generator.

Reference:

James Derbin
Operations Superintendent
Coastside County Water District
(831) 333-6470
[email protected]

 City of Pacifica Linda Mar Pump Station Electrical System Replacement Project to replace the existing motor control center (MCC) including integrating the existing natural gas operated backup pump to modernize the critical sanitary sewer pump station. The project included the design of permanent MCC and temporary MCC to facilitate removal and replacement of the outdated equipment without impacting operation of the pump station.

Reference:

Nelson Schlater, P.E.

Senior Civil Engineer
City of Pacifica – Wastewater Division
(415) 722-8711
[email protected]

 West Bay Sanitary District Sausal Vista Pump Station Project which consolidated two remote pump stations into a single, modern pump station including replacing the primary Pacific Gas and Electric Company (PG&E) electrical service to improve the overall reliability of the critical pump station. The project included the design of a new pump station, emergency generator, and ATS.

Reference:

Bill Kitajima
Project Manager
West Bay Sanitary District
(650) 321-0384
[email protected]

46 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.

The key F&L team members are identified below with resumes included as attachments to this letter proposal:

 Jeff Tarantino, P.E. will serve as the principal-in-charge and project manager. Over his 23 years of experience, Jeff has led and managed the design numerous similar projects and has developed key understanding of design, operation, construction, and regulatory requirements to modify existing pump stations to replace existing equipment.
 Rich Laureta, P.E. will serve as the Quality Assurance / Quality Control (QA/QC officer assisting Jeff to provide leadership for the F&L team and perform the key QA/QC review of all technical deliverables.
 Todd Beecher, P.E. will be the lead electrical engineer to evaluate the existing facilities, develop technical specifications, and construction drawings to replace all three emergency generators.
 Kevin Loeb, P.E., G.E. will be the lead geotechnical engineer to develop the approach for removal of the UST in accordance with SWRCB requirements including preparing contract requirements for the UST removal and site closure.

PROPOSED SCOPE OF SERVICES

The F&L team has reviewed the scope of work included in the RFP and believes that the scope is sufficiently comprehensive to successfully deliver the improvements desired by EMID. We have also identified the Bay Area Air Quality Management District (BAAQMD) permitting requirements to enhance delivery of the Construction Documents tasks described in Task 3.

Task 1: Project Management
 Project kickoff including meeting agenda and minutes;  Monthly invoicing including summary of budget status, work completed, work remaining, and projected cost to complete;
 Project baseline schedule including monthly updates with specific tasks that the EMID will be responsible for such as deliverable review, coordination of bid process, and other tasks identified by the F&L team and EMID; and  Bi-weekly progress conference calls intended to be no longer than 30 minutes.

Deliverables:

1. Kickoff meeting agenda and minutes

2. Monthly invoices including status reports

3. Baseline schedule and monthly updates

4. Bi-weekly conference call agendas

47 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.

Task 2: Data Collection
 Site visit to perform field measurements, photographs, and document existing conditions to allow creation of drawings of sufficient detail to document the location of existing equipment to be removed.
 Review EMID-provided record drawings for the existing three pump stations.  Review EMID-provided records from regular UST testing to provide feedback to the EMID about potential removal of the existing UST or if a future project for the removal of the UST is feasible.

Deliverables

1. Field reports for each pump station with copies of all sketches, measurements, and photographs

Task 3: Prepare Construction Documents
 Develop recommendations for replacement emergency generator including integral fuel storage tanks, automatic transfer switches (ATS), and sequence of construction and present in a technical memorandum.
 Develop drawings and technical specifications for the proposed improvements including but not limited to demolition, site preparation, concrete pad, electrical single-line diagrams, ATS and conduit/wiring, and necessary details.  For the Corporation Yard-Lift Station #59, the BAAQMD regulations will require the installation of a Selective Catalytic Reduction (SCR) to reduce emissions of Nitrogen Oxides (NOx).
 Prepare BAAQMD Authority to Construct (ATC) application for EMID’s signature and coordinate with BAAQMD staff throughout the review and approval process.  Review EMID provided General Conditions to develop Supplementary General Conditions.
 Prepare Engineer’s Opinion of Probable Construction Cost (OPC).  Provide construction document submittals at the 50%, 90%, and 100% levels of completion.
 Prepare for and facilitate virtual workshops to present and review the submittals with EMID.

Deliverables:

1. Emergency Generator and ATS Equipment Recommendations Memorandum

2. 50% Construction Documents Submittal including drawings, specifications, and OPC

3. 90% Construction Documents Submittal including drawings, specifications, and OPC

4. 100% Construction Documents Submittal including drawings, specifications, and OPC

5. BAAQMD Authority to Construct Application

6. Workshop agendas and minutes for the equipment memorandum, 50% construction documents submittal and 90% construction documents submittal

48 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.

Task 4: Bid Support
 Attend one pre-bid meeting.
 Review bidder questions and prepare responses.
 Prepare one bid addendum.

Deliverables:

1. Response to bidder questions

2. One bid addendum

Task 5: Underground Storage Tank Mitigation (Alternative 1)  Review available pertinent geologic and environmental documentation, as well as the State of California and San Mateo County requirements and guidelines for low- threat UST closure. The available data and UST closure requirements will be compiled and included in a UST Investigation Workplan, which will also outline the scope of our planned subsurface investigation.
 Perform necessary field investigation including:
o Reconnaissance of the site will be performed and will consist of determining subsurface exploration equipment access, photo documentation of the site, visually identifying key site features, marking preliminary boring locations in the field, and contacting Underground Service Alert (USA) for utility marking.

Proposed drill depths may decrease if drill refusal occurs. The borings will be drilled using a mini track-mounted GeoProbe rig equipped with direct push capabilities. The field explorations are anticipated to be completed over the course of one day.
o Continuous soil samples will be collected, logged, and field-tested using a photoionization detector (PID) to determine the potential presence of volatile organic compounds (VOCs). Soil samples will be collected in new, laboratory- supplied glass jars with Teflon sealed caps. If encountered, groundwater levels will be measured in the borings and one groundwater sample will be collected for analytical testing.
 Perform soil and groundwater laboratory analysis including:
o Total Petroleum Hydrocarbons as diesel (TPH-d) (EPA Method 8015; w/ & w/o silica gel cleanup)
o BTEX, Naphthalene, and chlorinated solvents (EPA Method 8260)  Prepare UST Investigation Report including:
o Introduction including site location, description, and purpose of the investigation;
49 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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FREYER & LAURETA, INC.
o Summary of the data review findings for the existing UST and adjacent areas; o Summary of the encountered subsurface conditions and geology; o Boring logs and analytical results from the subsurface exploration; o Conclusions from our evaluation of the subsurface soils and groundwater (if encountered) to determine whether leakage from the on-site UST has occurred.
 Develop plans and specifications for the UST remove in parallel with the work described in Task 3.

Deliverables:

1. UST Removal Workplan

2. Draft UST Investigation Report

3. Final UST Investigation Report

4. 50% Construction Documents Submittal including drawings, specifications, and OPC

5. 90% Construction Documents Submittal including drawings, specifications, and OPC

6. 100% Construction Documents Submittal including drawings, specifications, and OPC

COMPENSATION

F&L proposes to provide the Scope of Services above on a time and materials basis for a not-to-exceed fee as follows:

Task Budget
Task 1: Project Management $ 16,220
Task 2: Data Collection $ 18,300
Task 3: Prepare Construction Documents $ 161,340
Task 4: Bid Support $ 6,824
Total Base Budget $ 202,684

Task 5: Underground Storage Tank Mitigation (Alt 1) $ 37,444 Total Base Budget plus Alt 1 $ 240,128

As requested in the RFP, we have provided our team’s estimated level of effort by staff person by task in Table 1. The F&L team will not proceed with Task 5 (Alt 1) without written approval from EMID.

50 Mr. Louis Sun, P.E. (Estero Municipal Improvement District)

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June 28, 2022
FREYER & LAURETA, INC.

Thank you for the opportunity to provide this proposal to EMID. We look forward to further discussing our proposal with EMID. Please contact me at (650) 619-3226 or [email protected] with any questions or comments.

Sincerely,
FREYER & LAURETA, INC.

Jeffrey J. Tarantino, P.E.

Vice President

51 Budget_EMID_EGReplacement_2022-06-28.xlsx/Budget_Estimate Page 1 of 2 Freyer & Laureta, Inc.

Last Printed: 6/28/2022
TABLE 1

ESTIMATED BUDGET FOR PROFESSIONAL ENGINEERING SERVICES
Emergency Generator Replacements FY 2021-2022 (CIP 455-705) Estero Municipal Improvement District, City of Foster City, California

ESTIMATED EXPENSES AND ADMINISTRATION ESTIMATED COST
LABOR (Hours) TOTAL
TASKS F&L ($/hr) (1) BE CEG TOTAL UNIT QNTY UNIT 10% COST SUB Administrative
Staff Engineer I
Staff Engineer II
QA/QC Officer
Principal-in-Charge
Principal Engineer
Senior Principal
Principal
Senior Engineer
Senior CADD
Admin
LABOR
COST
($)
COST
($)
MARKU
P
($)
PER
ITEM
($)
TOTALS
($)
$90 $135 $140 $240 $240 $242 $319 $275 $231 $165 $105
Task 1 - Project Management
Monthly Invoicing 8 6 $2,172 $2,172
Kickoff Meeting 4 4 4 $2,488 $2,488
Biweekly conference calls 20 20 $9,640 $9,640
General Coordination 8 $1,920 $1,920
Subtotal Labor Hours - Task 1 8 4 32 30 $16,220 Estimated Cost - Task 1 $16,220 Task 2 - Data Collection
Site visit 4 4 8 $3,036 $3,036
Review EMID provided record drawings 8 40 $10,800 $10,800 Review EMID provided UST monitoring reports 2 2 $760 $760 Prepare field report 4 1 12 $3,704 $3,704
Subtotal Labor Hours - Task 2 4 18 1 2 60 $18,300 Estimated Cost - Task 2 $18,300 Task 3 - Construction Documents
BAAQMD Permitting
Prepare Authority to Construct Application 80 4 4 $13,120 $13,120 Coordinate with BAAQMD 20 8 $4,720 $4,720
General Coordination 8 $1,920 $1,920
50% Design Submittal
Drawing Preparation 40 146 $40,932 $40,932
Opinion of Probable Cost 8 8 $3,056 $3,056
Internal Review 2 $480 $480
50% Submittal Workshop 4 2 4 $2,008 $2,008
Response to Comments 4 1 4 $1,768 $1,768
90% Design Submittal
Drawing Preparation 40 2 120 $35,120 $35,120
Specifications 40 2 80 $25,440 $25,440
Opinion of Probable Cost 4 1 8 $2,736 $2,736
Internal Review 2 $480 $480
90% Submittal Workshop 4 2 4 $2,008 $2,008
Response to Comments 4 1 4 $1,768 $1,768
100% Design Submittal
Drawing Preparation 24 2 40 $13,520 $13,520
Specifications 16 2 20 $7,560 $7,560
Opinion of Probable Cost 2 1 4 $1,488 $1,488
Internal Review 1 $240 $240
Prepare Submittal Package 4 2 8 $2,976 $2,976
Subtotal Labor Hours - Task 3 294 9 38 450 $161,340 Estimated Cost - Task 3 $161,340 52 Budget_EMID_EGReplacement_2022-06-28.xlsx/Budget_Estimate Page 2 of 2 Freyer & Laureta, Inc.

Last Printed: 6/28/2022
Task 4 - Bid Support
Response to Bidder Questions 8 2 4 $2,568 $2,568
Preparation of One Addendum 8 1 8 $3,296 $3,296
General Coordination 4 $960 $960
Subtotal Labor Hours - Task 4 16 7 12 $6,824 Estimated Cost - Task 4 $6,824 Task 5: Underground Storage Tank Mitigation (Alternative 1) Project Management 1 1 5 2 $1,958 $1,958
Develop UST Workplan 1 12 $3,047 $3,047
Field Investigation and Laboratory Analysis 1 21 2 $5,335 ls 1 $9,500 $950 $15,785 Prepare UST Investigation Report 2 10 5 $3,685 $3,685
50% Design Submittal 1 15 18 $8,602 $8,602
90% Design Submittal 4 4 $2,024 $2,024
100% Design Submittal 1 4 4 $2,343 $2,343
Subtotal Labor Hours - Task 5 3 28 74 5 4 $26,994 Estimated Cost - Task 5 $37,444 Total Labor Hours 8 4 332 10 79 552 $202,684 Total Estimated Cost $240,128 Notes
(1) F&L billing rates based on Charge Rate Schedule dated January 1, 2022. (2) Subconsultant hourly rates, if any, include 10% markup.

TABLE 1

ESTIMATED BUDGET FOR PROFESSIONAL ENGINEERING SERVICES
Emergency Generator Replacements FY 2021-2022 (CIP 455-705) Estero Municipal Improvement District, City of Foster City, California

CIVIL ENGINEERS • SURVEYORS • CONSTRUCTION MANAGERS

Effective 1/1/22

Professional and technical services of Freyer & Laureta, Inc. Staff are provided on a fixed fee or an hourly rate basis as follows:

FIXED FEE
Where a definitive scope of work can be established, many of our clients prefer that a specific fee be agreed upon in advance. Billings are submitted monthly based upon percent complete as of the last accounting day of the month.

HOURLY RATE
Applicable to Plan Preparation, Design and Report services where the scope of work must remain open. Freyer & Laureta, Inc. utilizes the following hourly charge rate basis for billing purposes.

Production Aide - Clerical $ 90.00
Drafter I - Technical Typist - Survey Tech II $ 95.00
Drafter II - Word Processor $ 100.00
Engineering Tech I - Drafter III $ 115.00
Staff Engineer I - Engineering Tech II - Survey Tech III $ 135.00 Staff Engineer II - Engineering Tech III - Survey Tech IV $ 140.00 Staff Engineer III - Senior Engineering Tech $ 145.00
Staff Engineer IV - Survey Tech V – Construction Inspector $ 160.00 Associate Engineer - Associate Surveyor (L.L.S.) $ 175.00 Senior Engineer - Construction Manager $ 185.00
Senior Construction Inspector $ 185.00
Project Manager – Principal Surveyor (L.L.S.) $ 200.00
Senior Project Manager – Principal Surveyor (L.L.S) $ 215.00 Associate Principal $ 225.00
Principal $ 240.00
Forensic Engineering $ 330.00
Deposition and Court Appearance $ 415.00
Subconsultant, Reproduction, Printing, Travel, Mailing and Delivery - Cost plus 10% Interest Charge - Billings are due and payable within 30 days. A monthly interest charge equal to the Federal Discount Rate plus 5% will be applied on the next billing beyond the 30-day payment period.

The foregoing Charge Rate Schedule is incorporated into the Agreement for the Services of Freyer & Laureta, Inc. and may be updated annually.
54 Phone: (415) 534-7070 150 Executive Park Blvd, Suite 4200 San Francisco, CA 94134
E-mail: [email protected]
CIVIL ENGINEERS · SURVEYORS · CONSTRUCTION MANAGERS

Jeffrey J. Tarantino, P.E.

Vice President

Education: Bachelor of Science in Civil Engineering
Santa Clara University

Professional Qualification: Registered Civil Engineer – California No. 63936

Jeff Tarantino has extensive experience in civil engineering design and construction that has been developed during his 22 years of civil and environmental work experience. J eff has served as project manager on numerous program management, planning, design, permitting and construction management projects. His project experience includes civil site development, water supply treatment and distribution, wastewater treatment and collection, water reuse treatment and distribution, flood control, groundwater extraction and treatment systems, and water quality. Jeff serves as the primary point of contact with permitting and environmental resources agencies on behalf of clients to facilitate open dialogue with the agencies. Jeff has demonstrated a unique ability to assist clients to bridge technical and non- technical challenges to deliver multi-beneficial projects within budget and on schedule. A representative sampling of past and current projects includes:

Development and Campus Projects
UCSF, Minnesota Street Student Housing
UCSF, Campus Wide Technical Criteria Development
1000 Channel Street (SF) Owner, One Mission Bay
Uber Headquarters, 1455 and 1515 Third Street
TNDC, Candlestick Block 10A
Alexandria Real Estate Equities (ARE), 1450 Owens
UC Berkeley, Berkeley Way Project
UCSF, Weill Institute for Neuroscience
Mission Bay, Park P2-P8
Mission Bay, Park P3
TNDC, 681 Florida Street
ARE, Confidential Site (San Mateo County)

Infrastructure Design Projects
City of Burlingame, Water Distribution
Valley of the Moon Water District, Water Distribution
City of Calistoga, Water Treatment
City of Pacifica, Wastewater Collection
Town of Hillsborough, Water Distribution
City of San Mateo, Wastewater Collection
City of Los Altos, Wastewater
Menlo Park, Water Distribution
Town of Los Altos, Waterwater

Infrastructure Construction Management Projects
City of Burlingame, Water Storage
Coastside County Water District, Water Treatment
City of Calistoga, Water Treatment
Sewer Authority Mid-Coastside, Wastewater Storage
Town of Los Altos Hills, Wastewater Collection
City of East Palo Alto Groundwater Treatment

Program Management/Project Management Projects
Monterey County Water Resources Agency, Water
Supply
City of Lathrop, Water Reuse
City of Burlingame, Stormwater
City of East Palo Alto, Water Distribution
Santa Clara Valley Water District, Flood Control
City of Tracy, Water Supply
City of San Mateo, Street Rehabilitation

55 Phone: (510) 937-2310 825 Washington St. Suite 237
Oakland, CA 94607
E-mail: [email protected]

CIVIL ENGINEERS · SURVEYORS · CONSTRUCTION MANAGERS

Richard J. Laureta, P.E.

President

Education: Bachelor of Science in Civil Engineering
California Polytechnic State University, San Luis Obispo Professional Registered Civil Engineer – California No. 55783 Qualification: Registered Civil Engineer – Hawaii No. 10545 Rich Laureta has broad experience in civil engineering design and construction. In his 25 years of professional engineering experience, he has participated in the design, project management, and construction coordination of private sector engineering projects, as well as city, county, state and federal rehabilitation projects. His broad experience gives him the knowledge necessary to be an integral part of multi-disciplined teams in the planning, design and installation of challenging civil engineering projects. Rich has a growing reputation in urban master planning and w astewater collection design and construction management. He serves as the District Engineer for the West Bay Sanitary District in Menlo Park and the East Palo Alto Sanitary District. The combination of his design experience and his expertise in computer -aided drafting ensures accurate design drawings. His experience and dedication to the profession allows him to be a contributor to the success of diverse engineering projects. A representative sampling of past and current projects includes:

District Engineer/Public Works Projects
West Bay Sanitary District, District Engineer
East Palo Alto Sanitary District, District Engineer
Silicon Valley Clean Water, Conveyance System
City of Pacifica Wet Weather Flow Equalization Basin Project Office/Commercial/Residential Projects
Britannia Oyster Point, South San Francisco
Hercules Properties PUD, Hercules
McGrath Rentcorp Offices, Livermore
Childrens’ Center, NAS North Island, San Diego
Infrastructure Master Planning and Design
Mission Bay Residential Area
Mission Bay Park NP 1-2 Project
Mission Bay Park NP 3-5 Project
Mission Bay Park P16
Roadway and Infrastructure Projects
Naval Training Center Drainage Design, San Diego
Rankin Pump Station Design, San Francisco
Ralston Avenue Grade Separation, Belmont
Special Weapons Area Pump Station, NAS North Island
University of California, San Francisco, Misc. Project
City of San Leandro, Wastewater Collection Systems
City of Burlingame, Storm Drain Collection Systems
Marriott Courtyard, So. San Francisco Bay
West Cove, So. San Francisco
Sutro Tower Improvements, San Francisco
Mission Bay Drive and Circle Project
Mission Bay Blocks 29 - 32 and 33 - 34 Utility
Master Plan, South of Channel
Pier 45 Seismic Retrofit, San Francisco
Guadalupe River Retaining Walls, San Jose Bollman
Water Treatment Plant Expansion, Concord

56 Todd Beecher, P.E.

President, Beecher Engineering, Inc.

Experience
Todd has over 23 years of experience in the design, analysis, planning and construction of electrical power, control and instrumentation systems for the water and wastewater industry.

Recent Projects and References
South Bayside System Authority-Power Reliability
Improvements Project, Redwood City, CA
Reference: Ms. Teresa Herrera, P.E. Phone: 650-591-7121 Responsible for the design of a new main 480 volt “main-main-tie- tie-main-main” switchgear line-up housed in a prefabricated, outdoor enclosure. The new switchgear equipment was provided as a change order to the “Power Reliability Improvements Project” and required equipment pre-purchase. Included in the design was an automatic circuit breaker interlocking scheme which provides automatic breaker position response based on the “best available power source”. As part of the equipment procurement, multiple trips were made to Eaton’s factory (Asheville, NC) and a visit to the outdoor enclosure manufacturer (IBI in Caldwell, ID) to ensure that the new switchgear was manufactured correctly and operating as specified. A detailed factory functional testing script was developed and followed during both the factory visits to Eaton and again as a final functional test once the equipment installation at the site was completed. The new switchgear was put into operation in February 2014.

Union Sanitary District-Substation 1 Replacement Project, Union City, CA
Reference: Mr. Chris Pachmayer, P.E., Phone: 510-477-7608 Provided engineering assistance during construction for the replacement of the plant’s main 480 volt switchgear line-up.

Duties included engineering design during construction for the implementation of circuit breaker interlocks related to the plant’s existing standby generator units, field inspection during multiple nighttime shutdowns and factory witness testing (Burlington, IA) of the new 480 volt switchgear equipment provided by General Electric Company. Construction was completed in July 2012.

Education
BSEE, Electrical Engineering
Cal Poly, San Luis Obispo
1992

Professional Registrations
Electrical‐CA #14712
Electrical‐ID #9099
Electrical‐OR #18948PE
Electrical‐UT #321174‐2202
Electrical‐WA #35366

Memberships
IEEE
Power Engineering Society
57 KEVIN P. LOEB, P.G., C.E.G.

Senior Geologist

I 1 I Pragmatic Expertise™

RELEVANT EXPERIENCE

International Boulevard Oakland, CA
Project manager and field geologist for an underground storage tank (UST) removal site that consisted of 5 leaking USTs, which consisted of gasoline, diesel, motor oil, and chlorinated solvents. Fieldwork consisted of sampling soil beneath and around the USTs for future remedial excavation. The UST contents were also tested for proper disposal as hazardous waste.

Pleasanton Parking Lot Pleasanton, CA
Project Geologist, as a subconsultant to HMH, for a geotechnical and environmental subsurface investigation to provide design recommendations for a proposed parking lot retaining wall. Duties included logging and sampling of subsurface soil for engineering and environmental analysis.

Environmental sampling was conducted to determine if contamination from previous site activities would be encountered during future construction of the retaining wall.

San Jose/Santa Clara San José, CA
Regional Wastewater Facility – Filter Rehab Project
As Project Geologist, conducted a geotechnical investigation at the facility for various structure foundations. Work included characterization of soil and groundwater conditions in the project areas, and collection of companion soil samples for screening of potentially hazardous materials.

Ardenwood Creek Fremont Line P Fremont, CA
Managed a groundwater monitoring program as part of a culvert replacement project for Alameda County. The purpose of the monitoring was to measure groundwater levels over 12 months to determine how groundwater levels may fluctuate during future construction that required excavation below the groundwater table. The monitoring program consisted of installing and monitoring four vibrating wire piezometers to collect groundwater level data every 12 hours for one year.

Canyon Del Rey Sewer Line Replacement Seaside, CA
As project geologist, assisted Professional Civil/Geotechnical Engineers to characterize subsurface conditions for the replacement of a main sewer line for the City of Seaside. This included collecting groundwater samples for lab analysis and reviewing the analytical results for comparison to the Regional Water Quality Control Board discharge criteria to determine if groundwater beneath the site could be pumped from trenches, during construction activities, and discharged into nearby inland water bodies to minimize construction costs.

Associated Aerospace Facility San Leandro, CA
Project manager for the cleanup of a contaminated site that was impacted by chlorinated solvents. Designed and performed a subsurface investigation at the site to characterize the subsurface soils along with multiple groundwater horizons and delineated an existing TCE plume beneath the site. Used this information to design a groundwater monitoring plan, which consisted of well design and installation to collect plume migration data.

Post Valley Fire Remediation Cobb, CA
As project geologist, managed and performed field exploration for remediation of post wildfire contaminated soils. Work included sampling of shallow soil in areas of a former hotel building footprint, which burned down during the Valley Fire of 2015. The sampling was performed to determine if old building materials consisting of lead and/or asbestos had impacted shallow soil beneath and around the former structures. Analtical results were then used to create a remediation plan to remove and dispose of the impacted materials.

CERTIFICATIONS
CA Professional Geologist
No.9665
CA Certified Engineering
Geologist
No.2763
OSHA 40 Hour HAZWOPER

YEARS OF EXPERIENCE
7 (5 with CE&G)

EDUCATION
M.S., Geology, San Jose State
University
B.S., Geology, California State
University, Fresno

ACCOMPLISHMENTS
- Geologic and geotechnical
investigations for public and
private agencies
- Geologic mapping projects
for landslide repairs
- Former project manager and
field geologist for subsurface
investigations for
characterizing and analyzing
soil, soil vapor, and
groundwater at
environmentally impacted
sites
- OSHA Confined Space Safety
Training
- OSHA Excavation Safety
Training
- RCRA Hazardous Waste
Training
- Former Geology Lab
Instructor

58 DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Jennifer Phan, Deputy City Manager
Vanessa Brannon, Senior Management Analyst

SUBJECT: APPROVING AN AGREEMENT FOR PROFESSIONAL
SERVICES IN AN AMOUNT NOT TO EXCEED $72,885 WITH
CASCADIA CONSULTING GROUP, INC. FOR CLIMATE

ACTION PLAN OUTREACH

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution approving an agreement with Cascadia Consulting Group, Inc. for a not-to- exceed cost of $72,885 to conduct outreach, including stakeholder and public engagement, in support of Foster City's Climate Action Plan update.

EXECUTIVE SUMMARY

Foster City's current Climate Action Plan (CAP) was adopted by City Council on January 4, 2016, as part of a General Plan Update. The CAP needs revising to reflect new state legislation, changing priorities, and environmental sustainability and greenhouse gas (GHG) reduction policies. Staff recommends that City Council adopt a resolution authorizing the City Manager to execute an agreement with Cascadia Consulting Group, Inc. to conduct outreach, including stakeholder and public engagement, to support Foster City's Climate Action Plan update.

The request for proposal asked interested consultant's scope of work include 59 services that assist City staff in conducting comprehensive community and stakeholder outreach and engagement to gather feedback and input for an updated Climate Action Plan and prepare an appropriate environmental review for the completed CAP under the California Environmental Quality Act (CEQA). However, since staff doesn't yet know the level of CEQA review needed for the updated Climate Action Plan, staff separated the two tasks in the agreement with Cascadia Consulting Group. In consultation with the consultants, staff will determine the level of appropriate CEQA review required once a draft of the Climate Action Plan is completed.

BACKGROUND

The City of Foster City has been a leader in environmental sustainability and has adopted an innovative Climate Action Plan as part of a General Plan update during FY 2015-2016. The existing Climate Action Plan implementation operates within the City Manager's Office, with key staff in each department accountable for various metrics on the Climate Action Plan.

The City received the prestigious Beacon Award from the Institute for Local Government (ILG) in 2017 and 2019. The Beacon Program provides a framework for local governments to share best practices that create healthier, more vibrant, sustainable communities. The program honors voluntary efforts by local governments to reduce greenhouse gas emissions, save energy, and adopt policies that promote sustainability.

At its June 21, 2021 meeting, the City Council approved an agreement for $60,950 with optional services for Greenhouse Gas (GHG) Data Corrections work for $20,000, for a total agreement amount not-to-exceed $80,950 with Integrated Design 360 LLC (ID360) for a Climate Action Plan (CAP) Assessment (Attachment 4).

ID360 completed its assessment at the end of 2021. The assessment evaluated the effectiveness of climate action compared to the technical performance targets outlined in the 2015 Climate Action Plan and the current organizational strategy for climate action implementation comprehensively.

Additionally, ID360 performed updates to the City's GHG emission inventory, established revised GHG reduction goals that align with new State targets, identified specific measures to achieve GHG reductions, and suggested strategies for future adaptations of climate action planning. A summary of the recommendations and observations from ID360 are outlined in Attachment 5.

One of ID360's recommendations is to conduct stakeholder engagement in 60 developing the CAP. They recommend engaging the public and stakeholder groups who can help identify, prioritize, and implement GHG reduction and climate change adaptation strategies. ID360 also specified that public outreach and stakeholder engagement plan should be developed to disseminate information about the CAP update and solicit input and feedback from community groups, organizations, and individuals, as well as include community workshop(s) and/or Planning Commission study sessions open to the public, focused stakeholder group meetings, and a social media presence.

City Council approved a Request for Proposals (RFP) on April 18, 2022. Staff received four (4) proposals and conducted interviews with three (3) firms. The City considered consultants with significant experience conducting Climate Action Plan outreach and engagement of comparable complexity and scale for communities similar to the City of Foster City. Contract cost and timeline are dependent on the proposals received, consultant flexibility, and availability of staff resources to assist in the project.

The RFP scope of work included:
 Creation of a comprehensive, whole community outreach plan  Development of outreach materials
 Engagement with stakeholders to inform, engage, and involve the Foster City community in developing the CAP
 (Optional) Completion of CEQA review, if needed, by preparing appropriate environmental documents under the California Environmental Quality Act (CEQA)

ANALYSIS

Staff chose to engage in contract negotiations with Cascadia Consulting Group (www.cascadiaconsulting.com) based on its quality, extensive climate action planning experience, and proven track record of providing quality work for various local government and county clients. Under the agreement, Cascadia Consulting Group will be responsible for informing, engaging, and involving the community in sustainability vision setting and climate action related to the CAP update.

Cascadia Consulting Group will be tasked with creating an Outreach Plan that will guide the consultants and staff in conducting the extensive and 61 comprehensive community outreach and engagement needed to gather input and feedback to aid in developing an updated Climate Action Plan.

Climate Action discussions with the Foster City Community halted during the COVID-19 Pandemic. The City must conduct whole community engagement and education about sustainability before we can have conversations about specific climate actions we can take to help mitigate the effects of climate change. That being said, the City will take a phased approach in its community outreach as outlined below:

Phase One: Fall/Winter 2022
 Conduct extensive outreach to engage with hard-to-reach population segments and key stakeholders
 Community-wide survey
 Vision and priorities setting community meeting
 Engage with the Citizens Sustainability Advisory Committee (CSAC)

Phase Two: Winter 2022/Spring 2023
 Targeted stakeholder focus groups
 Continued engagement with CSAC
 Climate Action Community Meeting
 Continual community engagement to identify GHG mitigation measures for CAP inclusion

Phase Three: Late Spring/Early Summer 2023
 Draft Climate Action Complete for community review and comment  Online Sharing Platform
 Complete Final Engagement Report for inclusion in the Final Climate Action Plan

While the initial request for proposals included the optional task, if needed, of CEQA review for the final Climate Action Plan, staff cannot determine at this time the level of CEQA review required for the updated Climate Action Plan.

Staff decided to separate the two tasks in the agreement with Cascadia Consulting Group. In consultation with the consultants, staff will determine the 62 level of appropriate CEQA review required once a draft of the Climate Action Plan is completed.

FISCAL IMPACT

The agreement with Cascadia Consulting Group totals a not-to-exceed cost of $72,885 and funding is available in the Construction and Demolition Fund, which can be used for Environmental Sustainability initiatives. Additional funding is available in the Sustainable Foster City fund under the City Manager's budget if other services are needed.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

The Climate Action Plan aligns with the City Council's Vision and Mission as it directly relates to a tenet, environmental sustainability, of the Sustainable Foster City framework. Additionally, both the Climate Action Plan and corresponding outreach efforts align with the "Innovation and Sustainability" and “Improved Community Engagement” Value/Priority Areas.

Attachments:
 Attachment 1 - Resolution
 Attachment 2 - Agreement
 Attachment 3 - Request for Proposals
 Attachment 4 - Cascadia Consulting Group Proposal
 Attachment 5 - Overview of ID360 Recommendations from CAP Assessment
63 RESOLUTION NO.____________

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

APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $72,885 WITH CASCADIA CONSULTING GROUP, INC. FOR CLIMATE ACTION PLAN OUTREACH.

CITY OF FOSTER CITY
WHEREAS, the City of Foster City is preparing an update to City’s Climate Action Plan (CAP), which is part of the Land Use and Circulation Element of the General Plan; and
WHEREAS, City Council has previously identified Sustainability and Innovation and Improved Community Engagement as a Strategic Priority; and WHEREAS, staff recognizes that Climate Action discussions with the Foster City Community halted during the COVID-19 Pandemic and the City must conduct whole community engagement and education about sustainability before we can have conversations about specific Climate Actions that can help mitigate the effects of Climate Change; and
WHEREAS, extensive and comprehensive community outreach and engagement is needed to gather input and feedback to aid in the development of an updated Climate Action Plan; and
WHEREAS, a Request for Proposals was issued, and Cascadia Consulting Group, Inc.'s proposal was selected from among the proposals received based on the proposal's quality and the firm's extensive experience with community outreach specifically about climate action and a proven track record of providing quality work for the various local government and county clients; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the Agreement for Professional Services in the amount of $72,885 with Cascadia Consulting Group, Inc. for the Climate Action Plan Outreach. 64 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
65 Climate Action Plan Outreach 1

PROFESSIONAL SERVICES AGREEMENT
FOR

CLIMATE ACTION PLAN OUTREACH

This Agreement is made and entered into as of the 15
th day of August, 2022 by and
between the City of Foster City hereinafter cal led "CITY " and Cascadia Consulting Group, Inc. hereinafter called "CONSULTANT".

RECITALS

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

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

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

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

TERMS AND CONDITIONS

1. Services. Th e 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 sp ecified 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.

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 which cannot be avoided or recouped by CITY, less reasonable compensation to CONSULTANT for the portion of the work satisfactorily completed up to the date of termination . (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for conv enience upon fifteen (15) days prior written notice, whenever CITY determines that such termination is in CITY’s best interests. If this Agreement is terminated for convenience pursuant to subsection (d), CITY shall pay CONSULTANT for all work performed up to and including the date of termination, including all non- cancelable costs incurred by CONSULTANT prior to termination but paid after the termination date. CITY shall pay for all the work actually performed in accordance with this Agreement, even if t he parties’ original payment schedule spreads out payments for certain work or defers payments for certain work until the completion of such work . If payments are unit or milestone based, and the Agreement is terminated after costs have been incurred towar d achieving portions of one or more incomplete units or milestones, CITY will pay a prorated portion of such fees based on the actual work performed toward those incomplete units or milestones up to the date of termination, in addition to paying for complete d units or milestones. 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 ser vices 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 cost s payable hereunder shall not exceed the sum Seventy-Two Thousand Eight Hundred and Eighty -Five ($72,885).

Invoices for amounts in excess of Seventy -Two Thousand Eight Hundred and Eighty -Five ($72,885) 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 $5 0,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

67 Climate Action Plan Outreach 3

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 agrees to pay CONSULTANT within 30 calendar days after receipt of a monthly bill from CONSULTANT.

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

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

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

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adher e 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 68 Climate Action Plan Outreach 4

Compensation Sc hedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses al l 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.

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 Paragr aph 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. 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 c ompensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for th e 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.

69 Climate Action Plan Outreach 5

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, o r suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Counci l, 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.

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 addi tion to, and shall not in any way be limited by, the insurance obligations contained within 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 70 Climate Action Plan Outreach 6

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).

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

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

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, r eligion, 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 pu blic entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by th is 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: Vanessa Brannon

71 Climate Action Plan Outreach 7

CONSULTANT: Cascadia Consulting Group, Inc.
315 Washington St.

Oakland, CA 94607
Phone: (206) 449-1112
Attn: Andrea Martin
Email: [email protected]

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

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

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

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

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

shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability.

Notwithstanding any other provision of this Agreement, in no event shall either party be liable, regardless of whether any claim is based on contract, tort or otherwise, for any speci al, 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, mis use 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 fa ilure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

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

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

24. Force Majeure. Excep t for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to 73 Climate Action Plan Outreach 9

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:

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

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

IN W ITNESS 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: _________________________________ Richa Aswathi, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

74 Climate Action Plan Outreach 10

CONSULTANT

Dated:

Andrea Martin, Director

75 Climate Action Plan Outreach 11

EXHIBIT A

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

DELIVERABLES FOR
Climate Action Plan Outreach

Scope of Work
Foster City’s 2016 CAP provided a solid foundation for guiding city climate action. Foster City has clearly demonstrated commitment and leadership around sustainability and climate action since the CAP was adopted—having received multiple Beacon Awards for the City’s progress in reducing greenhouse gas emissions, achieving energy savings, and implementing effective and innovative programs and projects. The choice to “opt-up” to 100% renewable electricity for municipal facilities clearly situated the City as a leader that “walks the talk” and leads by example. The City extended this leadership to the broader community— through actions such as a plastic bag and polystyrene bans, solar rebates, drought-tolerant landscaping at local parks, and carpooling subsidies. Foster City now plans to continue such leadership and update its climate action plan to respond to changing conditions and bring Foster City’s climate program into the new decade, which requires input and buy-in internal and external stakeholders and its community in both developing and implementing strategies and actions.

Cascadia and Rincon have managed dozens of climate action planning processes over the past two decades and together specialize in stakeholder and public engagement and CEQA review of climate action plans. We work to build trust and facilitate productive and unbiased processes to drive toward solutions that incorporate the priorities and opinions of multiple stakeholders while aligning strategies with current and potential future environmental regulation. We offer talented writers and designers who can make complex technical concepts accessible, using plain language and informative graphics to create compelling presentations that resonate with stakeholders. Our work constantly places us at the center of complex decision-making processes, and we will draw on this experience to guide Foster City, its staff, and key stakeholders, toward acknowledging common ground and building an ambitious, consensus-oriented plan from there.

APPROACH
Task 1: Create a Comprehensive Climate Action Plan Outreach Plan Task 1.1 - Project Kickoff & Project Management
We believe a solid house is built on a strong foundation, and we will strive to set the project up for success through proactive planning and collaboration with the client team at the outset. We will convene an initial kick-off meeting to introduce our project team, help us understand where the City currently stands, review progress made since we last worked together, and make key decisions regarding the project’s scope and boundaries. We will discuss the project’s ultimate goals and outcomes, and how we plan to meet those outcomes through consultant team, City, external stakeholder, and community participation.

The result of the kick-off meeting will be that the client and consultant teams agree on key project elements and roles, have a shared understanding of the project’s process and milestones, and are excited to work 76 Climate Action Plan Outreach 12

together on this important project. We will document the results of the kick-off meeting in a final project work plan and schedule.

Once the project is underway, Cascadia will continue to coordinate with the client team, including participating in biweekly check-in calls with the client. (We are happy to adjust the frequency of our check-ins to meet the client team’s needs.) Cascadia will use Deltek Vision project management software to provide real-time budget updates and monthly invoices and progress reports cover budget, timeline, and deliverables.

Our project manager will proactively monitor the project’s progress and immediately inform the client team, by phone and/or email, of any deviations from the planned schedule and budget or other unforeseen challenges. We believe strongly in addressing potential issues early, before they become serious problems that could threaten the success of the project. Finally, to ensure that our deliverables fully meet the City’s expectations, we will submit all work products to the client team in draft format for one round of review, incorporate revisions, and produce client-approved final versions.

Deliverables:

Client-approved project schedule and work plan (Ongoing) Monthly progress reports and invoices (Ongoing)
Anticipated City Role(s):

Participate in kickoff meeting and subsequent check-in calls, review and approve invoices, review project materials.

Task 1.2 - Climate Action Plan Outreach Plan
For the planning process to be most effective and the CAP to be well-supported, all segments of the community and key internal and external stakeholders must be informed, engaged, and actively involved. Our approach is designed to achieve broad-based public participation throughout the planning process and beyond. We will work to move key internal and external stakeholders and broad community members toward higher levels of engagement (that is, from awareness to participation) and to ensure that representatives of all sectors of the community provide input and become actively involved in implementation. While Foster City is a relatively small and affluent community, it has a diversity of stakeholders and interests that will be essential to integrate into the planning process. These audiences include local small businesses, major employers including Gilead and Visa, senior citizens, ethnic groups, and residents from different income demographics. In addition, it will be important to determine which regional interests can and should be engaged, such as San Mateo County representatives.

With decades of experience at the direct intersection of stakeholder engagement, inclusive public outreach, and technical climate change planning, Cascadia brings the passion and skills necessary to navigate these challenges and fully deliver on the project’s goals. We take an equity-centered, community-scale approach, working closely with our clients—and the people they represent—to tailor what we say and how we say it to their specific context and needs. Our team is fully committed to engaging people of all backgrounds, regardless of institutional barriers, and meeting them on their terms. This means leveraging existing local knowledge and networks in and around Foster City, engaging them in culturally accessible and appropriate ways, and being respectful of different perspectives. See more information about our overarching community outreach strategy in the “Community Outreach Strategy” section of this proposal.

Comprehensive Climate Action Plan Outreach Plan (“Outreach Plan”) that prioritizes and integrates community input throughout the planning process.

Establish overarching goals for engagement, which could include: creating a framework that allows for early and meaningful engagement with key partners and stakeholders; establishing trust and two-way collaboration; and identifying key indicators to evaluate inclusiveness. These goals will create a framework for how to equitably and inclusively engage a diversity of institutions, organizations, and communities— and further our understanding of their goals and viewpoints. (For example, the goals of City leaders may be different than those of community-based organizations.) These nuances will influence how we deploy different outreach strategies and messages.

Conduct demographic research and gather community context through independent research and from client input. This step will focus on building our understanding of the audience groups we need to reach, which will help us tailor our messaging and outreach channels to effectively engage with them. Some data is straightforward—for example, we know that a large proportion of Foster City residents identify as Asian and White, and that many residents are relatively affluent professionals—while other information will be more nuanced, such as whether the City has had challenges engaging certain communities in the past. We will also analyze demographic changes which will inform the CAP and the community engagement strategy by identifying emerging trends as well as opportunities for workforce development and community ownership of CAP strategies and actions.

Develop a tailored strategy that clearly lays out our target audiences and customized approaches and messaging for reaching them. The strategy will include a list of goals, specific high-priority populations and stakeholders to reach, an outline of general communication and outreach materials designed to engage these populations, and strategies and content for each outreach channel. We will also identify partners in the community, such as religious or nonprofit organizations, that we can work with to amplify awareness of, and participation in, the CAP Update process. This strategy will include tactics for reaching the general public, as well as an approach for engaging key target stakeholders such as representatives from the business community, utilities, and civic organizations. As part of this tailored strategy, we will work with the Planning Commission
and other Committees and Commissions as appropriate to ensure that our engagement efforts align with, and build on, previous activities Commissions have led or supported. In addition, if there is a need for further representation by community leaders or underrepresented groups, we will work with the Commissions/Committees and the client team to identify key additional stakeholders; these representatives could join Commission/Committee meetings or form a temporary task force to advise on the CAP development process.

Implement the campaign using a broad suite of tools and communication channels to ensure that the information we share is visible and accessible to all aspects of the Foster City community—and that people of all backgrounds feel welcomed into the climate planning process, encouraged to share their values and priorities, and invested in the resulting plan. We can work closely with the City to identify the ideal roles and responsibilities for the consultant team vs. City Staff team and can adjust our proposed budget as needed to accommodate needs and availability. We will provide regular updates to key stakeholders, community organizations, and community members can inform residents and businesses of ongoing CAP progress and provide opportunities for informal feedback.

We envision a dynamic, flexible, and fully customized community engagement approach and plan that support both digital and in-person connection. In partnership with City staff and community groups, we will use a variety of channels to conduct both general and targeted engagement, such as Zoom, Konveio, Consider.It, Facebook, NextDoor, City webpages, regular virtual gatherings or organizations (e.g., Chamber of Commerce), 78 Climate Action Plan Outreach 14

and, if public health guidance permits, existing community events like farmers markets and tabling at popular public places like parks and grocery stores.

Task Deliverables:

Project kickoff meeting (September 2022).

Draft and final Comprehensive Climate Action Plan Outreach Plan, including key messaging and branding guidance (October 2022).

Anticipated City Role(s):

Consult with City Communications Department, Planning Commission, and other relevant departments and commissions to identify key community groups and communication pathways that have been successfully used to engage the Foster City community.

Identify other planned outreach and engagement activities to coordinate timing.

We offer Word- and Adobe-based
document design and production
services, infographic development, and
compelling data displays that can be
employed on a variety of digital and
print platforms (posters, postcards,
websites, etc.).

We love creating materials that our clients are proud to share and that demonstrate their commitment to reducing emissions and strengthening resilience. We prioritize visual storytelling to improve engagement with the community and break down complex climate science into clear and meaningful key points, such as infographics.

1 Our proposed budget does not include translation costs. Estimates are available upon request. 79 Climate Action Plan Outreach 15

Printed CAP postcard and factsheet
Content for interactive CAP webpage
Up to two interactive posters for use at in-person
events
Each individual outreach event (e.g., community workshop) will also include custom marketing and event materials, such as an outreach event flyer and PowerPoint presentation. This material development and associated costs are included in Task 3.

In addition to the toolkit materials, our team will also be available to provide as-needed material development support throughout the CAP development process (e.g., report design, customized materials for stakeholder/Commission/Council meetings). Our budget includes up to 24 hours of communications and design staff time for this purpose.

Task Deliverables:

Draft and final Engagement Toolkit that includes flyers, posters, and presentation material as identified in the Comprehensive Climate Action Plan Outreach Plan (November 2022).

As-needed material development support (Ongoing).

Anticipated City Role(s):

Review and provide feedback on draft materials.

Identify as-needed material development support needs.

Task 3: Engage City Committees, City Council, and Foster City Community With the Outreach Plan (Task 1) and key outreach materials (Task 2) in place, we will implement the plan using a broad suite of tools and communication channels, both in-person and digital, to ensure that the information we share is visible and accessible to all aspects of the Foster City community—and that people of all backgrounds feel welcomed into the climate planning process, encouraged to share their values and priorities, and invested in the resulting plan. Outreach Plan implementation will include both internal engagement with key City stakeholders (Task 3.1) and external stakeholder and community engagement (Task 3.2).

Baselining and visioning
Final strategy/action development
Draft CAP review
Final CAP adoption
Task 3.1 – Internal Engagement with City Stakeholders
Our project team has extensive experience presenting to City Councils and facilitating Commission and Committee meetings as part of climate action planning processes. Working with City staff, we envision engaging Council, Commissions, and working groups through regularly held meetings at strategic points in the 80 Climate Action Plan Outreach 16

planning process. For each engagement, our team will be available to develop and deliver clear, targeted, and visually engaging presentations, discussion guides, and feedback solicitation approaches and tools.

Our approach to engaging different core stakeholder groups—City Council and Commissions, City staff, and local partners—will be finalized in our Outreach Plan. Some proposed approaches for consideration are described in the sections below.

City Council and Commission Meetings
We understand that Foster City has established Commissions and Citizen Advisory Committees that advise the City Council on a variety of climate-related strategies—including the Planning Commission, Parks and Recreation Committee, Citizens Sustainability Advisory Committee, and Youth Advisory Committee. The Outreach Plan will include a detailed plan for engaging these groups at key points in the process (e.g., strategy/action finalization, draft CAP) to gather feedback on measures relevant to their group and ensure that the CAP aligns with other City activities, priorities, and initiatives.

Our team is able to present at these meetings, and also has experience developing meeting agendas, slide decks, and background memos for City staff use. Our proposed budget assumes preparation for and participation at up to six Council, Commission, or Committee meetings.

City Staff Engagement
If not already established, we recommend creating an internal working group of key City staff to provide feedback on current operational procedures influencing the City’s GHG emissions and climate risks, potential areas for improvement, and new opportunities to shape, support, and implement climate policy with their roles. Information from this group will also help set the stage for outreach with external stakeholders and the community (see Task 3.2 below). The group could include representatives from key City departments, the City Manager’s Office, and others as appropriate.

Our team can support preparation for and attendance of City staff working group meetings, drawing from approaches and materials developed for external stakeholder and community audiences. Our current budget assumes up to 8 hours of staff time supporting such meetings.

Communitywide survey. We plan to employ a survey to go “broader” and gather input from as many Foster City residents as possible; the survey will allow us to gather feedback in a consistent format from people who may be interested in the planning process but cannot attend any in-person events. Based on our extensive experience conducting community surveys, we recommend that the survey be kept as short and focused as possible—for example, by limiting the number of open-ended questions that require participants to write detailed responses. We will work with the City to identify ways to advertise the survey, such as posts on its social media accounts and sharing with local media outlets. Our proposed budget assumes one online communitywide survey.

Community meetings. We will host meetings for community members who want to have hands-on participation in shaping the CAP . We can offer a hybrid event, located at community gathering places (e.g., 81 Climate Action Plan Outreach 17

community centers, schools) and with opportunities for virtual attendance using Zoom or an equivalent platform, if desired. Our meeting facilitation approach centers participatory planning, including activities like voting, visually creative design exercises, and real-time polling to rank ideas. Our proposed budget assumes up to two communitywide meetings.

Stakeholder focus groups or interviews. Direct stakeholder engagement through focus groups or one-on-one interviews allows for more in-depth, personal, and focused conversations with key stakeholders—beyond what is possible through large meetings or broad surveys. Potential stakeholders include those representing hard-to-reach communities and key implementation partners. Our proposed budget assumes up to four stakeholder focus groups or interviews.

Online sharing platform. An online sharing platform could be useful for broadening outreach to different stakeholder groups and collecting feedback on different elements of CAP , including the draft CAP and CEQA documents. Cascadia has experience assessing and using a variety of online tools for soliciting public feedback, including Konveio, Consider .it, Social Pinpoint, and Bang the Table. We can work with the City to assess the pros and cons of such tools. Our proposed budget assumes one online sharing platform for soliciting public feedback on the draft CAP .

More detailed information on our community engagement process and key elements of our Outreach Plan— including key stakeholder groups, messaging at different project phases, and proposed communication channels—are provided in the Community Outreach Strategy section of this proposal.

Task 3.3 – Final Engagement Report
At the end of the engagement process, Cascadia will develop a final report that will include a summary of engagement activities, participation metrics, detailed engagement outcomes, and best practices and lessons learned from the process. Our reports typically include executive summary sections that highlight key themes and implications for the CAP development process. We will report on metrics across all outreach activities and will synthesize the comments received into clear recommendations for incorporation into the CAP documentation.

Task Deliverables:

City stakeholder engagement, including preparation for and participation at up to six Council/Commission/Committee meetings and up to 8 hours of internal City staff engagement support (Ongoing).

External stakeholder and public engagement, including leading development and execution of one communitywide survey, two communitywide meetings, four focus groups/interviews, and one online sharing platform (Ongoing).

Final Engagement Report (June 2023).

Anticipated City Role(s):

Review draft agendas, material, and summaries for public engagement events/methods.

Attend public events, participate in discussions and Q&A, as appropriate.

82 Climate Action Plan Outreach 18

Schedule
The following schedule assumes a contract start date of September 1 and the climate action plan progress milestones listed in the “Assumed Climate Action Plan Progress” section below. Our team can be adaptable and flexible as needed to align with the overarching climate action plan development timeline.

Tasks and Deliverables Sep Oct Nov Dec Jan Feb Mar Apr May Jun Task 1. Create a Comprehensive Climate Action Outreach Plan Kickoff Meeting *
Ongoing Project Management
Climate Action Outreach Plan *
Task 2. Create Climate Action Plan Outreach Materials
Engagement Toolkit *
Task 3. Engage City Committees, City Council, and Foster City Community City Council, Commission, & Committee Eng.

Communitywide Survey
Community Meetings
Stakeholder Focus Groups or Interviews
Online Sharing Platform
Final Engagement Report *
Task 4. CEQA Review (If Needed)
CEQA Kickoff and Initiation
CAP Update CEQA Assessment Document *
Update CEQA Project Management
Optional: CAP Update CEQA GHG Streamlining
Optional: CEEQA GHG Thresholds *
Assumed Climate Action Plan Progress
Baselining & Visioning
Final Strategies & Actions *
Draft Plan for Public Comment *
Public Comment Period
Final CAP *
CAP Adoption
*Deliverable/milestone

Community Outreach
Strategy
Inclusive and informative community engagement is
a central component of Cascadia’s climate action
planning process. We have seen that inclusive
engagement leads to more community buy-in for
planning outcomes and more effective and equitable
implementation, and that strategic and robust
community engagement ensures the long-term
success of a climate action plan—even well after
Cascadia’s role has ended. To ensure an inclusive
Our Engagement Philosophy
• Empower the community in the planning process.
• Achieve broad demographic and geographic
representation.
• Create an inclusive, responsive, & culturally
appropriate process.
• Create diverse engagement opportunities.
• Develop easily understood informational
materials.
• Make the process fun & engaging!

83 Climate Action Plan Outreach 19

community engagement process, Cascadia will work with City staff and key community stakeholders to develop and implement an Outreach Plan that weaves community input throughout the planning process.

Effective community engagement requires meeting communities where they are and working with, not for, communities to design an engagement process that provides innovative, accessible, authentic, and transparent options to participate in planning processes.

Importantly, while we hope that the entire community will participate energetically in the project, we understand that some people may not be willing or able to participate fully. To that end, we will focus on meeting the community on their terms and offering different levels of involvement in the project: we will encourage and support everything from simply
becoming informed about the impacts of climate change on Foster City and the options for taking action, to providing input on evaluation criteria, potential climate actions, and decisions regarding the final CAP, to being actively involved in implementation—through individual action, support for policies, and engaging friends, family, and peers in achieving success.

Remote outreach during COVID-19
While the current coronavirus outbreak is highly disruptive and limits the opportunities to conduct safe and productive in-person outreach, we are positioned to support meaningful engagement through a variety of digital channels. Cascadia has extensive experience using virtual engagement tools and conducting digital campaigns—including Zoom workshops and virtual town halls, website- based online open houses that include interactive elements such as surveys and polls, and social media campaigns that galvanize the public with video challenges, trivia contests, and other energizing and inspiring content. We are eager to work with the City to ensure that engagement around this important climate planning effort continues in the face of COVID-19 disruptions. 84 Climate Action Plan Outreach 20

Customized Approaches
There is a spectrum of community engagement that allocates different levels of power to the community and uses different activity types, listed in the table below.1 Our engagement activities will depend on the desired extent to which the City would like to engage various audiences. Activities included in this proposal are bolded. 1 Inform
2 Consult
3 Involve
4 Collaborate
Educate members of the
group about the rationale
for the project or decision;
how it fits with City goals
and policies; issues being
considered, areas of choice
or where input is needed.

Gather information and ask
for feedback from group to
better inform the City’s
work on the project.

Work directly and
consistently with group to
ensure their concerns are
understood and considered
in the City’s planning
process.

Create a partnership to
work along with the City in
developing and
implementing the planning
process or project.

Activities
• Social media
• Emails/newsletters
• Open houses
• Presentations
• Factsheets
• Online surveys/polls
• Public comment
• Focus groups
• Interactive workshops
• Community forums
• Citizen advisory
committees
• MOUs with community-
based organizations
• Open planning forums

Examples of community engagement activities from previous climate action planning processes.

85 Climate Action Plan Outreach 21

For each audience to be engaged during the CAP process, there will need to be a specific goal and approach tailored to that audience’s role. The table below provides an example of how engagement levels may vary among audiences.

Audience & Description Groups Engagement Goal
Internal City stakeholders
Decision-makers
City leaders who make
decisions that drive investment
and policy
• City Council
• City Manager
Inform and update for decision-
making
Implementation Leads
City staff who are responsible
for directing CAP
implementation in
departments
• Department heads and staff Consult to ensure support, align with priorities and processes, and gather
feedback on actions
Guides and Analysts
City commission/committee
members whose support and
direction are important for CAP
development and
implementation
• Planning Commission
• Youth Advisory Committee
• Parks and Recreation Committee
• Traffic Review Committee
• Sustainability Advisory Committee
Inform and gather feedback as
needed on relevant action areas
External stakeholders
Advocates
Very supportive of climate
action and willing to put in
effort to support CAP process
• Environmental community-based
organizations
Collaborate with to conduct
outreach to membership
Critical Perspectives
Groups frequently not reached
during public processes but
critical to equitable outcomes
from CAP implementation
• Communities of color
• Limited/Non-English-speaking
communities
• Faith-based communities
Involve through tailored outreach to
create accessible opportunities to
participate in CMAP process
Implementation Partners
Conduct operations that affect
the success of CAP
implementation
• Utilities
• Transit agencies
• Contracted services (e.g., waste
hauling)
• Business community (e.g., Chamber
of Commerce)
• Regulatory agencies (BAAQMD)
• San Mateo County
Inform, consult with to gather
feedback, and involve in developing
strategies in respective area of
expertise
General Public
CAP strategies and
implementation affect day-to-
day lives
• Various groups and communities Inform throughout the process and consult on strategies and the draft
CAP

86 Climate Action Plan Outreach 22

Community Engagement Activities and Approaches
Effective engagement requires tailored approaches to the diverse needs, interests, priorities, and values of audiences. To that end, we will consider the use of several core engagement strategies that best suit the different priority audiences listed above, which strategically engages audiences around areas of interest, potential impact, geography, and key project milestones to meaningfully inform the CAP development. These approaches build upon successful strategies used in previous public engagement processes at the City.

The following table provides a high-level overview of the methods that could be considered for each audience. We will work closely with the City to identify the appropriate methods for each target audience group in the Outreach Plan.

Audience
Method
Presentation or
briefing at
meeting
Outreach at
current
community events
or locations
Focus group
meetings or
workshops
Digital/print
engagement
(newsletter, social
media, survey,
mailing)
Decision-makers
(City Council and Manager) 
Implementation Leads
(Department heads and staff)  
Guides and Analysts
(Committees/commissions)  
Advocates
(Youth ambassadors, environmental
orgs.)
  
Critical Perspectives
  
Implementation Partners
  
General Public   

END OF EXHIBIT A

87 Climate Action Plan Outreach 23

EXHIBIT B

FEE SCHEDULE

Estimated costs for the scope of work are presented below. Given that Foster City did not provide a budget limit and there are multiple options for the size and scope of both the Outreach Plan and the CEQA Review, Cascadia is open to adjusting our scope and budget to meet the City’s priorities and accommodate its available funding.

Task Est. Hours Cost
Task 1. Create a Comprehensive Climate Action Outreach Plan Kickoff meeting 9 $1,480
Ongoing project management 30 $5,300
Outreach Plan 48 $6,660
Task 2. Create Climate Action Plan Outreach Materials
Branding design guidelines/template 3.5 $505
Postcard & factsheet 18 $2,200
CAP webpage content 11 $1,340
PowerPoint briefing presentation 15 $1,930
Interactive posters (2) 13 $1,710
As-needed material development support 24 $3,060
Task 3. Engage City Committees, City Council, and Foster City Community City Council, Commission, & Committee engagement (6 meetings) 36 $5,700 City staff engagement 9 $1,370
Communitywide survey 62 $8,170
Community meetings (2) 140 $18,980
Stakeholder focus groups or interviews (4) 58 $8,740
Online sharing platform 38 $5,740
Total 514.5 $72,885

Key Staff Hourly Rate Est. Hours Cost
Principal in Charge $250 41.5 $10,375
Project Manager $140 185 $25,900
Engagement & Facilitation Specialist $165 51 $8,415
Engagement Support $115 209 $24,035
Graphic Design $120 28 $3,360
CEQA Lead $245 140 $34,300
CEQA Analyst $174 180 $31,320
Other Support Staff Variable 40 Not to exceed $38,573

88 City of Foster City Request for
Proposals
Climate Action Plan Outreach and CEQA Review
Release Date: May 11, 2022
Proposals Due: June 15, 2022 at 5:00 PM
Please submit an electronic version of your proposal via email to:

Vanessa Brannon, Management Analyst
[email protected]
Subject Line: Foster City Climate Action Plan Outreach and CEQA Review RFP
Any questions regarding this Request for Proposals should be submitted by 5:00 PM on June 8, 2022 to:

Vanessa Brannon, Management Analyst
v
[email protected]
(650) 286-3354
89 CAP Outreach & CEQA Review RFP 2
City of Foster City Request for Proposals
Climate Action Plan Outreach and CEQA Review
I

NTRODUCTION
The City of Foster City (“City”) invites qualified consultants to submit proposals to assi st City staff with whole community outreach. The City also seeks consultant assistance with preparing the related environmental review in conformance with the California Environmental Quality Act (CEQA).

The City is in the process of updating its 2016 Climate Action Plan. The updated Plan is intended to prioritize a set of actions to reduce greenhouse gas emissions (GHGs) and protect people and resources from the effects of climate change.

OVERVIEW AND BACKGROUND
About the City of Foster City
Incorporated in 1971, the City of Foster City is a planned community located in San Mateo County, California. Foster City is a General Law City with a Council-Manager form of government. The City is approximately four square miles, located about 25 miles south of San Francisco and 30 miles north of Silicon Valley, with easy access from Highway 101 and Highway 92.

F
oster City is a culturally diverse community of roughly 33,000 residents. It has limited space for growth in both residential and commercial areas. The developed portion of Foster City is protected from flooding by an approximately 43,000-linear-foot (8 miles) levee system that surrounds Foster City along the bayfront and an interior lagoon that serves as a drainage detention basin.

Project Description
The City of Foster City is seeking consultant services to assist City staff in conducting comprehensive community and stakeholder outreach and engagement to gather feedback and input for an updated Climate Action Plan and prepare appropriate environmental documents for the completed CAP under the California Envir onmental Quality Act (CEQA).

Existing Sustainability Efforts
The City of Foster City is committed to environmental sustainability and recognizes its role in addressing the threat of climate change. Foster City has been proactive in efforts to enhance Environmental Sustainability since 2008. In 2016 the City adopted its first 90 CAP Outreach & CEQA Review RFP 3
Climate Action Plan (“CAP”) as part of a comprehensive General Plan update process.

The CAP identified 25 reduction measures to achieve the City’s GHG mitigation targets.

The current CAP includes targets to achieve 15% GHG emissions reduction below 2005 by 2020, 20% below 2005 levels by 2025 and 80% below 2005 levels by 2050. 2017 emission data shows that Foster City saw a 27.5% decrease in CO2e emissions between 2005 and 2017, exceeding the 2025 target. Significant reductions in emissions associated with electricity consumption were observed in 2016 and 2017 due to the launch of Peninsula Clean Energy.

The City of Foster City is raising the City’s levee to meet FEMA requirements for flood protection, including some protection from sea-level rise.

In 2021, the City hired Integrated Design 360 LLC (ID360) to conduct a Climate Action Plan Assessment. The assessment evaluated the effectiveness of climate action compared to the technical performance targets outlined in the 2015 Climate Action Plan and the current organizational strategy for climate action implementation comprehensively. Additionally, ID3 60 performed updates to the City's GHG emission inventory, established revised GHG reduction goals that align with new State targets, identified specific measures to achieve GHG reductions, and suggested strategies for future adaptations of climate action planning.

Related Documents

The following documents are related to the development of the CAP:

Climate Action Plan (Adopted 2016):

The City of Foster City adopted its first Climate
Action Plan and Implementation Work Plan in 2016 established a goal of reducing GHG emissions by 15% by 2020 and 35% by 2030 when compared to 2005 levels.

Local Hazard Mitigation Plan / Safety Element of the General Plan: The Local Hazard Mitigation Plan/Safety Element focuses on protecting the community from risks associated with hazards such as earthquakes, floods, fires, hazardous materials, and other hazards. The Local Hazard Mitigation Plan/Safety Element analyzes these hazards and their risks and includes goals and mitigation strategies to establish what measures will be undertaken to reduce these risks to levels determined by the City to be reasonable. The Local Hazard Mitigation Plan for Foster City is part of the 2021 San Mateo County's Multi-Jurisdictional Hazard Mitigation Plan efforts.

General Plan
(Adopted 2016): The General Plan identifies policies and programs that address the development and redevelopment of land, preservation of parks and open spaces, provision of housing for current and future residents, conservation of natural resources, improvement of the circulation and transportation system, control of noise 91 CAP Outreach & CEQA Review RFP 4
and protection of life and property from hazards. Additionally, the General Plan assures that tax money is generated to provide the high levels of public services and maintenance of public facilities and infrastructure the citizens of Foster City expect.

Greenhouse Gas Inventories (2005 – 2017): The City of Foster City has annual GHG Inventories developed through the Regionally Integrated Climate Action Planning Suite (“RICAPS”) program.

San Mateo County Sea Level Rise Vulnerability Assessment: The vulnerability assessment prepared by the County of San Mateo evaluates the potential impacts of sea-level rise and suggests solutions to protect people and places.

Green Infrastructure Plan (Adopted 2019): The City’s Green Infrastructure Plan defines local Green Infrastructure goals and policies; provides guidance to meet stormwater pollutant load reduction goals; creates a screening process for prioritizing the integration of Green Infrastructure into new projects, including Capital Improvement Program (CIP) projects; and serves as an implementation guide and reporting tool to provide reasonable assurance that urban runoff Total Maximum Daily Load (TMDL) wasteload allocations (WLA) are met for reducing, over the long term, adverse water quality impacts of urban runoff to receiving waters.

Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301- 664): The City Council established a set of priorities that included the development of a Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301 -664). CIP 301- 664 includes conducting a comprehensive pedestrian, bicycle, vehicular, and intersection evaluation to determine the current traffic and transportation facilities and potential for improvements. The completed study can be found
here.

Levee Protection Planning and Improvements Project Environmental Impact Report (EIR) (2016 -2017): The Environmental Impact Report (EIR) for the Levee Protection Planning and Improvements Project provides an evaluation of the potential environmental impacts of the proposed project and recommends mitigation measures.

The document also includes background on flooding and sea-level rise related to Foster City.

The following are documents in development and anticipated to impact the CAP:

Sustainable Foster City Plan (Expected Completion – Fiscal Year 2022-2023): The Sustainable Foster City Plan is a complementary Plan to the CAP , including specific measures relating to environmental sustainability, economic development, and social equity and engagement. The Sustainable Foster City Plan, and its accompanying implementation plan, will run parallel to the CAP.

92 CAP Outreach & CEQA Review RFP 5

SCOPE OF WORK
The City is seeking proposals that generally reflect the following scope. Consultants are strongly encouraged to suggest refinements and innovative methodologies that ultimately achieve the work products described below. City staff will work closely with the selected consultant and may contribute in-house task assistance. The best proposals will identify the type and amount of City staff time and expertise required for a successful outcome.

Task 1: Create a Comprehensive Climate Action Plan Outreach Plan

The consultant will create an effective and comprehensive plan that needs commitment from key stakeholders, both external and internal, and the community . To achieve this, the consultant will A) develop and collaborate with city staff on a comprehensive community engagement and outreach plan, which is integral to C limate Action Plan update development, based on successful outcomes and experience with similar projects in other communities, with both in -person and digital outreach strategies to increase input from the City’s diverse population.

Task 2: Create Climate Action Plan Outreach Materials

The consultant will develop targeted outreach materials for various community and internal stakeholders. The outreach materials should support staff and the consultants in soliciting robust feedback to assist in developing Foster City’s updated Climate Action Plan. The consultant wi ll A) provide both printed and electronic materials, including but not limited to flyers, posters, presentation material, engagement tools (e.g. , surveys), and reports for outreach and robust community input, including planning for City Council, Planning Commission, and stakeholder engagement.

Task 3: Engage City Committees, City Council, and Foster City Community

Following the Outreach Plan (Tas k 1), t he consultant will conduct extensive and comprehensive outreach to engage diverse stakeholders, ensuring all community segments will become informed, engaged, and actively involved. To achieve this, the consultant will A) conduct in-person and remote engagement sessions to elicit in -depth input and B) compile community feedback into a final report which will be used to support Climate Action Plan development.

Task 4: Complete CEQA Review (if needed)

Once a final draft Climate Action Plan is complete (late 2022/early 2023), the consultant will A) prepare appropriate environmental documents for the completed CAP under the California Environmental Quality Act (CEQA). Additionally, the consultant will B) provide responses to comments on the draft CAP and CEQA documents and finaliz e the report 93 CAP Outreach & CEQA Review RFP 6
per public comments and City staff feedback.

PROPOSAL REQUIREMENTS

Consultants interested in submitting a proposal for this project should respond to this RFP with a written proposal providing all the information requested. The proposal will be considered complete only if all the items listed under the Proposal Requiremen ts are included.

The City is seeking a consultant to conduct Climate Action Plan (CAP) outreach services and CEQA Review for the final draft of the Climate Action Plan. CEQA review services (Task 4) must be included to use the updated CAP for future project streamlining and consistency.

1. Title Page: Include the RFP subject, firm name, primary contact person, title, address, telephone number, email address, and submittal date.

2. Cover Letter of Interest: A statement of the consultant’s interests and qualifications and pertinent areas of expertise and a description of the organization (i.e. , Corporation, Limited Liability Company, or Joint Venture).

Include a summary of the proposer’s understanding of the project, including a summary of the proposed approach.

3. Teams/firms submitting proposals in response to this RFP must disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm, management, or employees of the firm or other persons relative to the services to be awarded pursuant to this RFP. If a team/firm has no conflicts of interest, a statement to that effect shall be included in the cover letter.

4. Scope of Work: Provide a detailed proposed scope and projected timeline to conduct and complete the tasks outlined in the Scope of Work. Please address project approach, reflecting knowledge about the Foster City community. This section should include the respondent's specific tasks for performing the work.

5. Schedule: Present a schedule reflecting timeframes and milestones for completing each phase and task.

6. Community Outreach Strategy: Community engagement is critical to the CAP development process. The proposal should detail how the proposer plans to engage the community and gather public input.

7. Qualifications and References: Provide an overview of the proposer’s experience and history in performing this type of work in California. Provide at least three references of local government clients for which the consultant has rendered similar services in the recent past.

8. Cost Proposal: Provide a complete description of the expected expenditure of funds for the proposed work. The cost detail should include a breakdown of expenses by task and key personnel. The cost proposal should also include options for reducing or adding services. All costs should reflect “not to exceed” 94 CAP Outreach & CEQA Review RFP 7
amounts per task.

9. Acknowledgment of Contract: Acknowledge that a contract and insurance will be provided in substantially the same form as a ttached and that a business license will be maintained from the City’s Finance Division annually during the term of the contract.

CONSULTANT SELECTION CRITERIA AND PROCEDURE

Responding consultant firms and/or teams will be evaluated based on the following criteria:

1. Demonstrated understanding of the requested work and responsiveness to the scope of services;

2. Quality and completeness of proposal;

3. Related and recent Climate Action Plan outreach and CEQA Review services experience of similar scope and complexity in San Mateo County, the Bay Area, and California;

4. Community engagement expertise and techniques;

5. CEQA review experience;

6. Expertise and experience of the proposed project team members and the in- house expertise, or inclusion of sub- consultants, to fully address all items noted in the scope of work;

7. Ability to perform the work within a reasonable time frame and budget;

8. Creativity in approach to the scope of work and requested deliverables;

9. Acceptance of the City’s Standard Agreement for Professional Services and insurance requirements, including any proposed changes to the agreement or insurance coverages (See Attachment); and

10. References.

The top proposals will be invited to an interview. The interview will help clarify each proposal and the approach and qualifications for the project. Based on the interviews and evaluation of the proposals, the top- ranked consultant will be recommended to the City Council.

GENERAL PROVISIONS AND CONDITIONS

The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.
95 CAP Outreach & CEQA Review RFP 8

6. Modify the selection process set forth in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

ESTIMATED PROJECT TIMETABLE
The ant
icipated project schedule to commence work is as follows:

Project Benchmarks Date (subject to change)
Request for Proposal Available May 11, 2022
Deadline to Submit Questions June 8, 2022 at 5:00 PM
Deadline to Submit Proposals June 15, 2022 at 5:00 PM
Consultant Interviews (if needed) Tentatively June 27-July 1, 2022 Council Meeting – Award Contract Tentatively August 1, 2022

ATTACHMENT
At
tachment 1: Standard Agreement for Professional Services 96 CAP Outreach & CEQA Review RFP 9

PROFESSIONAL SERVICES AGREEMENT
FOR

CLIMATE ACTION PLAN (CAP) OUTREACH SERVICES AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
Thi
s 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".

RE CITALS
Thi
s Agreement is entered into with reference to the following facts and circumstances:

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

TERMS AND CONDITIONS

P
erformance 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.

W
here 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 ma y
det
ermine in its sole discretion. (c) CITY may terminate perform ance 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, dam age and
l
iability resulting from such breach and termination. (d) CITY may terminate 97 CAP Outreach & CEQA Review RFP 10
performance of the Services under this Agreem ent 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 pro fit 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 sai d
s
ervices. 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 pai d unl
ess 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 contract s
l
ess 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 pay
able 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 reasonabl e
s
atisfaction of CITY including, without limitation, CONSULTANT' s transmittal of all deliverables to CITY required by EXHIBIT A.

CI
TY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and 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 percent age
c
ompletion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY . CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional 98 CAP Outreach & CEQA Review RFP 11
services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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.

C
ONSULTANT represents that it has reviewed Exhibit A a nd 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 Schedul
e established in Exhibit A and within the times specified for each individual Project.

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

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

8. Documents . All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become 99 CAP Outreach & CEQA Review RFP 12
the property of CITY.

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

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

10. Schedul e. 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.

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

11. Indemnity . To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (inc luding, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or it s
S
ubconsultants), 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 defens e
c
osts due to bankruptcy or dissolution of the business, the CONSULTANT shall m
eet and confer with other parties regarding unpaid defense costs.

The dut
y of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
100
CAP Outreach & CEQA Review RFP 13
CO
NSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

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

12. Insurance . Prior to execution of this Agreement, CONSULTANT shall furnish t o 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 al
l required insurance throughout the term of this Agreement and as otherwis e pr
ovided in EXHIBIT C. In the event CONSULTANT fails to maintain any required i
nsurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CO
NSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or ser vice. 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. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such acti on
s
hall 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, includi ng appr
enticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities.

The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as 101
CAP Outreach & CEQA Review RFP 14
follows:

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

CONSULTANT)

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

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

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

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

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

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

E xcept as provided in Exhibit A, Services to be Provided by CONSULTANT and E
xhibit 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,
N
otwithstanding any other provision of this Agreement, in no event shall CITY be l
iable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CI
TY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that 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.

N
othing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may hav e under
this Agreement or any applicable law. All rights and remedies of CITY or CO
NSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

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

A
cts of God, fires, fl oods, 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 enti tles either party to 103
CAP Outreach & CEQA Review RFP 16
terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. 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]

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
SER

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

DELIVERABLES FOR

CLIMATE ACTION PLAN (CAP) OUTREACH SERVICES AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
[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:

DESCRIPTION: Description of Project

2. Basic Services:

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

Task 1 – Description of Task 1
Task 2 – Description of Task 2
Task 3 – Description of Task 3
PA
YMENTS

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

Maximum Payment Amount

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

List Methods of Payment

3. T
IMES OF PAYMENTS.

List Times of Payments
P

ROJECTS AND SCHEDULE
List Project Schedule
D

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

1. PROJECT DELIVERABLES

DELIVERABLES: List of Deliverables
OTHER:

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

SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed] 107
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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 pol icy 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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☒ 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 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

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3. Insurance terms and conditions:

3.1 Cancellation of Insurance

The above stated insurance coverages required to be maintained by Consultant shall be maintained 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.

3.3 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.

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.

3.8 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 110
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request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project -specific insurance, wrap- up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
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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:

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 Nam ed 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 Additio
nal 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.

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.

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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:

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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”.

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 114
CAP Outreach & CEQA Review RFP 27
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.

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.

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 115
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or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

[Signatures on Next Page]

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

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PROPOSAL TO THE CITY OF FOSTER CITY
JUNE 15TH , 202 2

SUBMITTED BY CASCADIA CONSULTING GROUP
CONTACT: ANDREA MARTIN, DIRECTOR
P: 206-449-1112 | E: [email protected]

Climate Action Plan Outreach
and CEQA Review
117

Cascadia Consulting Group | www.cascadiaconsulting.com | (206) 343-9759 Andrea Martin, Climate Action Director
(704) 604-5727 | [email protected]
Dear Evaluation Team,
On behalf of Cascadia Consulting Group (C-Corporation), together with our partners at Rincon Consultants, I am pleased to submit this proposal to develop the City of Foster City’s Climate Action Plan Outreach Plan and CEQA Review. Our team of outreach and communication specialists, equity advisors, climate action and policy experts, and facilitators specialize in working closely with local government clients to improve their climate planning processes, outcomes, and alignment with broader policy landscapes.

Foster City is a growing, thriving, and diverse area that is rising to meet the challenge of ensuring a vibrant and sustainable community for all its residents. The City is committed to environmental leadership, including taking significant steps towards addressing the threat of climate change through multiple sustainability focused studies and the development of its 2016 Climate Action Plan, Local Hazard Mitigation Plan, General Plan, Green Infrastructure Plan, and Sustainable Foster City Plan.

To build on this momentum, the City is now updating its Climate Action Plan to further advance sustainability, ensure that its actions align with community needs and goals, and meet state-level policy requirements.

Our team is eager to apply the best practices we’ve developed to support the creation of a thoughtful, community- informed, and CEQA-compliant Climate Action Plan. We believe our team’s combined experience with climate-specific public engagement, focus on inclusive and innovative approaches, understanding of California’s policy landscape, and familiarity with the community make us ideally suited for this effort. Specifically, we offer:
• A commitment to thoughtful and inclusive engagement. We believe that public engagement is essential to delivering a plan that has broad support, delivers tangible benefits to the community, and advances environmental justice. We will draw on a variety of proven public engagement strategies, honed through 60,000+ direct engagement touches spanning over 100 projects (including dozens of climate action plans), to reach Foster City residents of all backgrounds on their terms, build trust, and work collaboratively with them to help shape the Climate Action Plan. • A fully customized process. We don’t offer a one-size-fits-all climate engagement process; we will build the Comprehensive CAP Outreach Plan from the ground up, ensuring that we meet the City’s needs and reflect the priorities and interests of the community. Our commitment is reflected in every step of our process, from investing in up-front research and visioning with the client team, to doubling down on meaningful and inclusive community engagement, to monitoring and evaluating our outcomes in real-time to adaptively manage our approach and meet engagement targets. • Expertise across climate planning and policy. From our position at the forefront of climate mitigation and adaptation research, analysis, and planning in California—including leading dozens of local and state government bodies through climate planning processes and CEQA reviews—Cascadia and Rincon have a thorough understanding of the state, regional, and local climate policy landscape. We’ll draw on this expertise to align Foster City’s climate action strategies with existing and potential future policies and regulations. • Unmatched local context and connections. Our team has worked with numerous Bay Area jurisdictions on climate action planning and CAP engagement—including for the cities of Albany, Dublin, Livermore, Pleasanton, Santa Clara, San Francisco, and Alameda and San Mateo counties, among others—and have conducted extensive face-to-face and digital engagement on related sustainability topics in Oakland, Fremont, and other local communities. Our team’s leadership on the first phases of Foster City’s Climate Action Plan, and our work on Climate Ready San Mateo County and San Mateo County’s Climate Action Plan Update, means we already have extensive data and community connections relevant to Foster City and can hit the ground running on a CAP Outreach Plan that is relevant and supported by regional efforts.

Simply put, we believe our team possesses the perfect blend of skills, knowledge, prior experience, and passion to deliver on the City’s needs. We are eager to continue our work with Foster City by bringing community voices into the C A P. We do not foresee any conflicts of interest in undertaking this work.

Please contact me with any questions or to discuss our proposal in more detail. I look forward to hearing from you.

Sincerely,
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Scope of Work
Foster City’s 2016 CAP provided a solid foundation for guiding city climate action. Foster City has clearly demonstrated commitment and leadership around sustainability and climate action since the CAP was adopted—having received multiple Beacon Awards for the City’s progress in reducing greenhouse gas emissions, achieving energy savings, and implementing effective and innovative programs and projects. The choice to “opt-up” to 100% renewable electricity for municipal facilities clearly situated the City as a leader that “walks the talk” and leads by example. The City extended this leadership to the broader community—through actions such as a plastic bag and polystyrene bans, solar rebates, drought-tolerant landscaping at local parks, and carpooling subsidies. Foster City now plans to continue such leadership and update its climate action plan to respond to changing conditions and bring Foster City’s climate program into the new decade, which requires input and buy-in internal and external stakeholders and its community in both developing and implementing strategies and actions.

APPROACH
Task 1: Create a Comprehensive Climate Action Plan Outreach Plan Task 1.1 - Project Kickoff & Project Management
We believe a solid house is built on a strong foundation, and we will strive to set the project up for success through proactive planning and collaboration with the client team at the outset. We will convene an initial kick-off meeting to
introduce our project team, help us understand where the City currently stands, review progress made since we last worked together, and make key decisions regarding the project’s scope and boundaries. We will discuss the project’s ultimate goals and outcomes, and how we plan to meet those outcomes through consultant team, City, external stakeholder, and community participation.

We will document the results of the kick-off meeting in a final project work plan and schedule.

Finally, to ensure that our deliverables fully meet the City’s expectations, we will submit all work products to the client team in draft format for one round of review, incorporate revisions, and produce client-approved final versions. 119

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Deliverables:
• Client-approved project schedule and work plan (Ongoing) • Monthly progress reports and invoices (Ongoing)
Anticipated City Role(s):
• Participate in kickoff meeting and subsequent check-in calls, review and approve invoices, review project materials.

Task 1.2 - Climate Action Plan Outreach Plan
For the planning process to be most effective and the CAP to be well-supported, all segments of the community and key internal and external stakeholders must be informed, engaged, and actively involved. Our approach is designed to achieve broad-based public participation throughout the planning process and beyond. We will work to move key internal and external stakeholders and broad community members toward higher levels of engagement (that is, from awareness to participation) and to ensure that representatives of all sectors of the community provide input and become actively involved in implementation. While Foster City is a relatively small and affluent community, it has a
diversity of stakeholders and interests that will
be essential to integrate into the planning process. These audiences include local small businesses, major employers including Gilead and Visa, senior citizens, ethnic groups, and residents from different income demographics. In addition, it will be important to determine which regional interests can and should be engaged, such as San Mateo County representatives.

We take an equity-centered, community-scale
approach, working closely with our clients—and the people they represent—to tailor what we say and how we say it to their specific context and needs. Our team is fully committed to engaging people of all backgrounds, regardless of institutional barriers, and meeting them on their terms. This means leveraging existing local knowledge and networks in and around Foster City, engaging them in culturally accessible and appropriate ways, and being respectful of different perspectives. See more information about our overarching community outreach strategy in the “Community Outreach Strategy” section of this proposal.

Drawing from our extensive experience leading climate action plan public engagement in the Bay Area, Cascadia will work with City staff and key community stakeholders to develop and implement a Comprehensive Climate Action Plan Outreach Plan (“Outreach Plan”) that prioritizes and integrates community input throughout the planning process.

Our development and implementation of an effective Comprehensive Climate Action Plan Outreach Plan for engaging internal and external stakeholders and the general public will entail the following steps:
• Establish overarching goals for engagement, which could include: creating a framework that allows for early and meaningful engagement with key partners and stakeholders; establishing trust and two-way collaboration; and identifying key indicators to evaluate inclusiveness. These goals will create a framework for how to equitably and inclusively engage a diversity of institutions, organizations, and communities—and further our understanding of their A flexible, scalable approach to
engagement
While we understand that our role will include both
planning and execution of the community and
stakeholder engagement components of the CAP
process, we are also flexible and can move to an
advisory and planning role where budget may
dictate. For example, a smaller role would likely
include providing strategic advice, connecting City
staff to community leaders and stakeholders,
supporting branding or design of engagement
materials drafted by City staff, and/or staffing pop-
ups, workshops, or other events City staff are
leading. We are happy to discuss options for
appropriately scaling our community outreach work
to the City’s needs, goals, and available resources.
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goals and viewpoints. (For example, the goals of City leaders may be different than those of community-based organizations.) These nuances will influence how we deploy different outreach strategies and messages. • Conduct demographic research and gather community context through independent research and from client input. This step will focus on building our understanding of the audience groups we need to reach, which will help us tailor our messaging and outreach channels to effectively engage with them. Some data is straightforward—for example, we know that a large proportion of Foster City residents identify as Asian and White, and that many residents are relatively affluent professionals—while other information will be more nuanced, such as whether the City has had challenges engaging certain communities in the past. We will also analyze demographic changes which will inform the CAP and the community engagement strategy by identifying emerging trends as well as opportunities for workforce development and community ownership of CAP strategies and actions.
• Develop a tailored strategy that clearly lays out our target audiences and customized approaches and messaging for reaching them. The strategy will include a list of goals, specific high-priority populations and stakeholders to reach, an outline of general communication and outreach materials designed to engage these populations, and strategies and content for each outreach channel. We will also identify partners in the community, such as religious or nonprofit organizations, that we can work with to amplify awareness of, and participation in, the CAP Update process. This strategy will include tactics for reaching the general public, as well as an approach for engaging key target stakeholders such as representatives from the business community, utilities, and civic organizations. As part of this tailored strategy, we will work with the Planning Commission
and other Committees and Commissions as appropriate to ensure that our engagement efforts align with, and build on, previous activities Commissions have led or supported. In addition, if there is a need for further representation by community leaders or underrepresented groups, we will work with the Commissions/Committees and the client team to identify key additional stakeholders; these representatives could join Commission/Committee meetings or form a temporary task force to advise on the CAP development process. • Implement the campaign using a broad suite of
tools and communication channels to ensure that
the information we share is visible and accessible
to all aspects of the Foster City community—and
that people of all backgrounds feel welcomed into
the climate planning process, encouraged to share
their values and priorities, and invested in the
resulting plan. We can work closely with the City to
identify the ideal roles and responsibilities for the
consultant team vs. City Staff team and can adjust
our proposed budget as needed to accommodate
needs and availability. We will provide regular
updates to key stakeholders, community
organizations, and community members can
inform residents and businesses of ongoing CAP
progress and provide opportunities for informal feedback.

Task Deliverables:
• Project kickoff meeting (September 2022).
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• Draft and final Comprehensive Climate Action Plan Outreach Plan, including key messaging and branding guidance (October 2022).

Anticipated City Role(s):
• Consult with City Communications Department, Planning Commission, and other relevant departments and commissions to identify key community groups and communication pathways that have been successfully used to engage the Foster City community.
• Identify other planned outreach and engagement activities to coordinate timing.

Task 2: Create Climate Action Plan Outreach Materials
To support the CAP development process, Cascadia
will design and produce communications and
outreach materials specific to the CAP that are clear,
accessible, engaging, and infused with compelling
graphics. Cascadia has a
dedicated in-house design
team that crafts visually appealing products that are
scaled to the needs of each client. We offer Word-
and Adobe-based document design and production
services, infographic development, and compelling
data displays that can be employed on a variety of
digital and print platforms (posters, postcards,
websites, etc.).

We love creating materials that our clients are proud
to share and that demonstrate their commitment to
reducing emissions and strengthening resilience. We
prioritize visual storytelling to improve engagement with the community and break down complex climate science into clear and meaningful key points, such as infographics.

We propose creating a community engagement “toolkit” to accompany our Outreach Plan and streamline our outreach campaign. The toolkit will include tactics, tools, and messages that can be combined and customized to suit different audiences and goals. While the specific messages and formats included in the toolkit will be determined based on audience needs and City goals identified in Task 1, we anticipate using a blend of the following materials and strategies, and have the capacity to translate or transcreate them into multiple languages, if desired:1 • CAP branding design guidelines and template
• Printed CAP postcard and factsheet
• Content for interactive CAP webpage
• CAP standard briefing PowerPoint presentation
• Up to two interactive posters for use at in-person
events
Each individual outreach event (e.g., community workshop) will also include custom marketing and event materials, such as an outreach event flyer and PowerPoint presentation. This material development and associated costs are included in Task 3.

1 Our proposed budget does not include translation costs. Estimates are available upon request. 122

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Task Deliverables:
• Draft and final Engagement Toolkit that includes flyers, posters, and presentation material as identified in the Comprehensive Climate Action Plan Outreach Plan
(November 2022).
• As-needed material development support (Ongoing).

Anticipated City Role(s):
• Review and provide feedback on draft materials.
• Identify as-needed material development support needs.

While the specifics our approach will be finalized in that plan, we envision connecting with the community at the following key phases of the process (specific activities to be included in each phase will be finalized in the Outreach Plan):
• Baselining and visioning
• Final strategy/action development
• Draft CAP review
• Final CAP adoption
Task 3.1 – Internal Engagement with City Stakeholders
Our project team has extensive experience presenting to City Councils and facilitating Commission and Committee meetings as part of climate action planning processes. Working with City staff, we envision engaging Council, Commissions, and working groups through regularly held meetings at strategic points in the planning process. For each engagement, our team will be available to develop and deliver clear, targeted, and visually engaging presentations, discussion guides, and feedback solicitation approaches and tools.

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engaging these groups at key points in the process (e.g., strategy/action finalization, draft CAP) to gather feedback on measures relevant to their group and ensure that the CAP aligns with other City activities, priorities, and initiatives.

Task 3.2 – External Stakeholder and Community Engagement Our Outreach Plan will include detailed strategies and methods for engaging important external stakeholders and the public. We anticipate employing a diversity of methods to ensure broad and diverse participation in the process. At a minimum, our proposed budget includes the following community outreach methods, which we have found in combination to be most effective in climate action planning processes. We can work with the City to modify these approaches as needed to meet City outreach objectives and budget constraints:
• Communitywide survey. We plan to employ a survey to go “broader” and gather input from as many Foster City residents as possible; the survey will allow us to gather feedback in a consistent format from people who may be interested in the planning process but cannot attend any in-person events. Based on our extensive experience conducting community surveys, we recommend that the survey be kept as short and focused as possible—for example, by limiting the number of open-ended questions that require participants to write detailed responses. We will work with the City to identify ways to advertise the survey, such as posts on its social media accounts and sharing with local media outlets. Our proposed budget assumes one online communitywide survey.
• Community meetings. We will host meetings for community members who want to have hands-on participation in shaping the C A P. We can offer a hybrid event, located at community gathering places (e.g., community centers, schools) and with opportunities for virtual attendance using Zoom or an equivalent platform, if desired. Our meeting facilitation approach centers participatory planning, including activities like voting, visually creative design 124

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exercises, and real-time polling to rank ideas. Our proposed budget assumes up to two communitywide meetings. • Stakeholder focus groups or interviews. Direct stakeholder engagement through focus groups or one-on-one interviews allows for more in-depth, personal, and focused conversations with key stakeholders—beyond what is possible through large meetings or broad surveys. Potential stakeholders include those representing hard-to-reach communities and key implementation partners. Our proposed budget assumes up to four stakeholder focus groups or interviews. • Online sharing platform. An online sharing platform could be useful for broadening outreach to different stakeholder groups and collecting feedback on different elements of CAP , including the draft CAP and CEQA documents. Cascadia has experience assessing and using a variety of online tools for soliciting public feedback, including Konveio, Consider.it, Social Pinpoint, and Bang the Table. We can work with the City to assess the pros and cons of such tools. Our proposed budget assumes one online sharing platform for soliciting public feedback on the draft CAP .

More detailed information on our community engagement process and key elements of our Outreach Plan—including key stakeholder groups, messaging at different project phases, and proposed communication channels—are provided in the Community Outreach Strategy section of this proposal.

Our reports typically include executive summary sections that highlight key themes and implications for the CAP development process. We will report on metrics across all outreach activities and will synthesize the comments received into clear recommendations for incorporation into the CAP documentation.

Task Deliverables:
• City stakeholder engagement, including preparation for and participation at up to six Council/Commission/Committee meetings and up to 8 hours of internal City staff engagement support (Ongoing). • External stakeholder and public engagement, including leading development and execution of one communitywide survey, two communitywide meetings, four focus groups/interviews, and one online sharing platform (Ongoing). • Final Engagement Report (June 2023).

Anticipated City Role(s):
• Review draft agendas, material, and summaries for public engagement events/methods. • Attend public events, participate in discussions and Q&A, as appropriate.

Task 4: Complete CEQA Review (if needed)
Task 4.1 CAP Update CEQA Kickoff and Initiation
Upon internal-by-City approval of the CAP Update measures and actions, Rincon would work with Cascadia and City staff to organize a CEQA kick-off meeting with the City’s Project Team to discuss project goals and objectives. The kick-off meeting would provide an opportunity to refine the schedule, as well as identify existing documents (e.g., General Plan), policies, and local tribes. This meeting would also serve to establish the project management procedures and review process specific to the CAP Update CEQA document preparation. Following the kick-off meeting, the Rincon Team would provide an adjusted CAP Update CEQA schedule, if necessary, as well as final list of existing applicable documents, data, and policies for City review and confirmation. Rincon would attend a (one-hour) virtual kick-off meeting. Rincon’s Principal and Project Manager would attend the meeting.

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Deliverables:
• Kick-off Meeting Agenda and Notes (January 2023)
• Final list of Existing Documents/Information to Review (January 2023) • CAP Update CEQA Schedule (January 2023)
Anticipated City Roles:
• Virtually attend a CEQA kickoff meeting with Rincon in addition to overall kickoff meeting and regular monthly meetings.

Task 4.2 CAP Update CEQA Assessment Document
An Initial Study-Negative Declaration (IS-ND) is typically sufficient programmatic CEQA documentation for a CAP Update due to the generally beneficial environmental impacts associated with the plan. In our experience, it is rare that a more in depth CEQA document is required for a CAP Update. However, if it is determined that the CAP Update implementation measures or actions may result in potentially significant environmental impacts, a programmatic Environmental Impact Report (EIR) may be required and can be prepared as part of this task in lieu of the CAP Update IS-ND for a different cost and schedule.

Task 4.2a: AB 52 Letters: Once the CAP Update measures and actions are vetted by the City and as part of stakeholder/public outreach input, Rincon will prepare AB 52 tribal outreach letters for City use and as required as part of the CEQA process. Specifically, Rincon will submit a request to the Native American Heritage Commission (NAHC) for the list of latest applicable AB 52 tribes and, upon response from NAHC, shall prepare correspondence letters regarding the CAP Update IS-ND to those tribes. The letters will also include a map of City limits to show CAP Update implementation extent as well as the list of CAP Update measures and actions. It is assumed that the City would place these letters on City letterhead and send to the tribes via certified mail and, if available, also via email.

Task 4.2b: Administrative Draft IS-N D: Once the CAP Update measures and actions are vetted by the City and as part of stakeholder/public outreach input, Rincon will prepare a CAP Update Administrative Draft IS-ND. The Administrative Draft IS- ND will include plan- and cumulative-level assessment of the CAP Update with regard to the 2022 CEQA Guidelines Appendix G topical areas.

Task4. 2c: Draft IS-ND + NOI-NOC: Upon receipt of one set of consolidated vetted comments on the Administrative Draft IS- ND from the City, Rincon would address comments and prepare and submit tracked and clean versions of the public Draft IS- ND to the City. In addition, Rincon would prepare the Notice of Intent (NOI) to adopt an IS-ND and Notice of Completion (NOC) forms. It is assumed that Rincon would e-file the NOI and NOC forms with the State Clearinghouse (with receipt of permission by the City) and that the City would file the NOI form with the County Clerk. If desired, the City would also coordinate and pay for local newspaper notification of the Draft IS-ND.

Task4. 2d: Final IS-N D: Rincon would prepare the final ND form and finalize the IS-ND document, including preparation of responses to public comments received on the Draft IS-ND. It is assumed that no more than ten individual comments would be received on the Draft IS-ND.

Task 4.2e: Final IS-ND Hearing + NOD: Rincon would virtually attend one Final IS-ND public hearing and review one round of PowerPoint presentation prepared by the City. In addition, Rincon would prepare the Notice of Determination (NOD) form.

Rincon would e-file the NOD form with the State Clearinghouse. It is assumed that the City would file the NOD form with the County Clerk and pay associated fees.

Deliverables:
• CEQA Kickoff Call (January 2023)
• AB 52 Letters (electronic) (February 2023)
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• CEQA Project Description (electronic) (February 2023) • Administrative Draft IS-ND (electronic) (March 2023)
• Draft IS-ND (electronic) (May 2023)
• NOI-NOC forms (electronic) (May 2023)
• Final IS-ND (electronic) (June 2023)
• Final IS-ND Hearing (virtual) (July 2023)
• NOD form (electronic) (July 2023)
Anticipated City Roles:
• Assist with a variety of small logistic tasks related to the development of these letters, such as providing a list of internally finalized CAP measures and actions, placing letters on City letterhead, review and approve edits to project descriptions and comments, post letters to the City website, send for commentary, prepare the presentation for the Final IS-ND hearing, and file the Nod form with the County Clerk.

Task 4.3 CAP Update CEQA Project Management
In every project Rincon initiates, we endeavor to provide our client with a high-quality product that exceeds expectations, meets identified schedules, and surpasses applicable professional standards and regulatory requirements. The major components of our management program that result in high-quality outcomes and help us meet project objectives, budget provisions, and scheduling requirements are centered around consistent communication. As such, Rincon assumes Project Manager attendance at the initial overall kickoff meeting and monthly meetings during the 6-month CAP Update CEQA planning effort timeline. In addition, Rincon assumes submittal of monthly invoices with progress reports to the Cascadia and City team.

Deliverables:
• Initial Overall Kickoff (60-minute) virtual meeting with Cascadia and City Staff (January 2023) • Monthly (30-minute) virtual meetings throughout 6-month CAP Update CEQA timeline (Ongoing) • Monthly invoices and progress reports (Ongoing)
Anticipated City Roles:
• Attend regular meetings with project staff, review and approve invoices.

Optional Task: 4.4 CAP Update CEQA GHG Streamlining Checklist To assist with CEQA tiering for future plans and projects, Rincon can work with the City to prepare a methodology to streamline CEQA GHG emissions analysis for future City projects. Rincon has generated some of the first CAP Update CEQA GHG Checklists in the State as a tool to demonstrate SB 32 consistency for future projects. Rincon’s Project Manager has been working with California jurisdictions since 2010 to peer review or prepare their CAP Update Consistency Checklist (i.e., CEQA GHG Checklists) as well as complete the CEQA GHG Checklists for individual plans and projects. By having a CEQA GHG Checklist for use by City planning staff and applicants, future City plans and projects can tier from the CAP Update programmatic CEQA document for purposes of streamlining future CEQA GHG analyses and demonstrating consistency with State GHG reduction targets per the 2017 CARB Climate Change Scoping Plan. Without such a checklist for a tool, it can be difficult for future plans and projects to navigate the CEQA process under SB 32.

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Optional Task Deliverables:
• Draft City CEQA GHG Checklist for future projects’ use (electronic) (June 2023) • Final City CEQA GHG Checklist for future projects’ use (electronic) (July 2023) Anticipated City Roles:
• Coordinate with consultant team on checklist development and train City staff on its use.

Optional Task 4.5 CEQA GHG Thresholds
To further strengthen the defensibility of future CEQA GHG analyses that would tier from the CAP Update CEQA assessment document to be prepared under Optional Task A , we recommend the development of a City quantitative CEQA thresholds of significance for GHG emissions along with a guidance document for City staff for purposes of evaluating quantitative CEQA GHG analyses submitted by applicants. Such City quantitative CEQA GHG thresholds would be utilized when applicants are not able to meet all of the requirements in the CAP Update Consistency Checklist (i.e., CEQA GHG Checklist) to be prepared under Optional Task A.

The GHG efficiency threshold for project- or plan-based CEQA analysis would be based on a methodology that considers emissions against an efficiency-based service population threshold. The threshold assesses the GHG efficiency of a project or plan on a per capita basis or service person basis. This approach would rely on the City GHG reduction goals in the CAP Update to attain a future horizon year target, compare it with the economic projections and planned land use development in the region up to specific horizon years, and allocate GHG reductions to population, service population, and land uses. This threshold is consistent with the CARB 2017 Climate Change Scoping Plan, which details the intention to accommodate population and economic growth in California but do so in a way that achieves a lower rate of GHG emissions. In addition, if the City proceeds with development of CEQA GHG thresholds, Rincon would also include CEQA assessment of the thresholds as part of the programmatic IS-ND in order to confirm that appropriate CEQA review of the thresholds occurs as part of a public review process and via one CEQA document in an efficient and cost-effective manner. This would be done as part of preparation of the CEQA assessment document under Task 2.

Rincon would also prepare a concise guidance document for use by City staff in evaluating submitted CEQA GHG emissions analyses and by applicants in preparing CEQA GHG emissions analyses. The guidance document would detail a defensible approach for evaluating GHG emissions impacts in analyses prepared pursuant to CEQA. The document would also provide substantial evidence of the methodology’s consideration of Statewide GHG direction provided by CAPCOA, CARB, and OPR as well as relevant case law.

Optional Task Deliverables:
• Draft City CEQA GHG Thresholds and Guidance Report (electronic) (March 2023) • Final City CEQA GHG Thresholds and Guidance Report (electronic) (April 2023) • Adding assessment of CEQA GHG Thresholds to the programmatic CEQA Assessment for the CAP Update (April/May 2023)
Anticipated City Roles:
• Provide consultant team with latest GHG analyses and other relevant data.

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Tasks and Deliverables Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Task 1. Create a Comprehensive Climate Action Outreach Plan Kickoff Meeting *
Ongoing Project Management
Climate Action Outreach Plan *
Task 2. Create Climate Action Plan Outreach Materials
Engagement Toolkit *
Task 3. Engage City Committees, City Council, and Foster City Community City Council, Commission, & Committee Eng.

Communitywide Survey
Community Meetings
Stakeholder Focus Groups or Interviews
Online Sharing Platform
Final Engagement Report *
Task 4. CEQA Review (If Needed)
CEQA Kickoff and Initiation
CAP Update CEQA Assessment Document *
Update CEQA Project Management
Optional: CAP Update CEQA GHG Streamlining * Optional: CEEQA GHG Thresholds *
Assumed Climate Action Plan Progress
Baselining & Visioning
Final Strategies & Actions *
Draft Plan for Public Comment *
Public Comment Period
Final CAP *
CAP Adoption
*Deliverable/milestone
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Community Outreach Strategy
Inclusive and informative community engagement is
a central component of Cascadia’s climate action
planning process. We have seen that inclusive
engagement leads to more community buy-in for
planning outcomes and more effective and equitable
implementation, and that strategic and robust
community engagement ensures the long-term
success of a climate action plan—even well after
Cascadia’s role has ended. To ensure an inclusive
community engagement process, Cascadia will work
with City staff and key community stakeholders to
develop and implement an Outreach Plan that
weaves community input throughout the planning
process. Effective community engagement requires
meeting communities where they are and working with, not for, communities to design an engagement process that provides innovative, accessible, authentic, and transparent options to participate in planning processes.

Importantly, while we hope that the entire community will participate energetically in the project, we understand that some people may not be willing or able to participate fully. To that end, we will focus on meeting the community on their terms and offering different levels of involvement in the project: we will encourage and support everything from simply becoming
informed about the impacts of climate change on Foster City and the options for taking action, to providing input on evaluation criteria, potential climate actions, and decisions regarding the final CAP, to being actively involved in implementation—through individual action, support for policies, and engaging friends, family, and peers in achieving success.

Our Engagement Philosophy
• Empower the community in the planning process.
• Achieve broad demographic and geographic
representation.
• Create an inclusive, responsive, & culturally appropriate process.
• Create diverse engagement opportunities.
• Develop easily understood informational materials.
• Make the process fun & engaging!

Cascadia has extensive experience using virtual engagement tools and conducting digital campaigns—including Zoom workshops and virtual town halls, website-based online open houses that include interactive elements such as surveys and polls, and social media campaigns that galvanize the public with video challenges, trivia contests, and other energizing and inspiring content. We are eager to work with the City to ensure that engagement around this important climate planning effort continues in the face of COVID-19 disruptions. 130

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Customized Approaches
There is a spectrum of community engagement that allocates different levels of power to the community and uses different activity types, listed in the table below.2 Our engagement activities will depend on the desired extent to which the City would like to engage various audiences. Activities included in this proposal are bolded. 1 Inform
2 Consult
3 Involve
4 Collaborate
Educate members of the
group about the rationale
for the project or decision;
how it fits with City goals
and policies; issues being
considered, areas of choice
or where input is needed.

Gather information and ask
for feedback from group to
better inform the City’s
work on the project.

Work directly and
consistently with group to
ensure their concerns are
understood and considered
in the City’s planning
process.

Create a partnership to
work along with the City in
developing and
implementing the planning
process or project.

2 Adapted from the Movement Strategy Center’s Spectrum of Community Engagement to Ownership.

Examples of community engagement activities from previous climate action planning processes.
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Qualifications and References
Cascadia Consulting Group was founded in 1993 and has worked for nearly 30 years to advance its mission to make a positive difference for our clients and the communities they serve. Our clients look to us to ensure their projects and programs are inclusive of local priorities, grounded in stakeholder support, and are successfully communicated while serving diverse communities—resulting in bold, innovative plans that are broadly supported by constituents of all backgrounds. Cascadia is a small, certified women-owned corporation headquartered in Seattle and Oakland; our staff of 70 work across three lines of business oriented around communications and engagement, strategic planning and facilitation, and research and analysis.

Rincon, established in 1994, is a multi-disciplinary environmental science, planning, and engineering firm that provides services to both government and industry. Their skilled professionals have an abundance of experience in climate action planning; urban, land use, and environmental planning; climate change adaptation planning; regulatory compliance; GHG emissions inventorying and analysis; life cycle assessment, CEQA compliance and streamlining; energy efficiency and conservation, green building, and public engagement related to these services.

With over a decade of experience connecting with people around climate impacts and mitigation actions, our team is eager to apply the best practices we’ve developed to support the development of a thoughtful, community-informed Climate Action Plan update and CEQA review. We believe Cascadia’s deep experience with climate-specific public engagement, focus on inclusive and innovative approaches, and familiarity with the Foster City community, combined with Rincon’s expertise in climate planning policy and CEQA reviews make us ideally suited for this effort.

Our team is ideally positioned to tailor strategies and messaging to specifically reflect community needs, desires, and concerns. Together, we have worked with the cities of Albany, Cupertino, Dublin, Livermore, Pleasanton, Foster City, Santa Clara, and Alameda and San Mateo counties, among others, and have conducted extensive face-to-face and digital engagement on other sustainability topics in Oakland, Fremont, and other local communities. Our local knowledge will shine through in a final engagement strategy that is actionable, effective, and tailored specifically to meet the needs of the community. We’ve included a selection of recent relevant projects below and are happy to provide additional information on request.

EXPERIENCE
Climate Action Plan | San Mateo County, CA | 2019-2022
Cascadia led the development of San Mateo County’s update of its Government Operations Climate Action Plan and Community Climate Action Plan, which sets the County government and the communities in unincorporated San Mateo County on a shared path toward lower emissions and improved climate resiliency. Our team first guided the County through prioritizing its proposed climate mitigation measures for both CAPs by assessing factors such as effectiveness, cost, co-benefits, and feasibility. For the Community CAP, we worked with local partners to analyze cityscapes and open lands in the County for carbon sequestration opportunities. We supported the CAP process with a customized and multi- faceted community engagement strategy that built on existing partnerships throughout the county, enabling us to reach the diverse—and dispersed—communities in unincorporated San Mateo County. By pairing technical analysis with public engagement, we delivered a Community CAP that is ambitious, inclusive, targeted, and implementable.

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Climate Action Plan Update and CEQA Review | City of Pleasanton | 2019 - 2022 Cascadia and Rincon led an update of Pleasanton’s Climate Action Plan. The project included an assessment of progress made against the City’s previous targets, development of new emissions forecasts, and a collaborative process to identify bold new climate actions. The team began by reviewing City documents and preparing a broad-based outreach plan to guide community participation throughout the project, while simultaneously managing the technical analysis related to GHG emission tracking, forecasting, and target setting. Our technical GHG analysis resulted in forecasts of community-level emissions in Pleasanton in 2025, 2030, 2045, and 2050, consistent with SB-32, B-55-18, and S-3-05. Building on this baseline assessment of emissions and climate mitigation progress thus far, our team worked with the City to establish a set of core “guiding principles” and led an evaluation and prioritization process that weighed potential climate mitigation strategies against these principles and assessed the co-benefits they provide. In addition, we undertook a complementary climate vulnerability and adaptation assessment, weaving climate resilience considerations into all aspects of the project.

Following the Draft CAP document, the team prepared a CEQA Initial Study-Negative Declaration that ensures consistency with the CEQA regulations under Section 15183.5 and resulted in the Climate Action Plan Update being considered a qualified GHG reduction strategy. All phases of the project were backed by a thorough public engagement campaign, which included over a dozen public meetings and a toolkit approach to cost-effectively support City staff in implementing cohesive outreach across multiple physical, digital, and in-person channels.

Climate Action Plan Engagement | City & County of San Francisco, CA | 2020-2021 Cascadia planned and executed an inclusive outreach and community engagement process to raise awareness of climate action and inform the development of the City and County of San Francisco’s Climate Action Plan. These outreach and engagement efforts were crucial to building awareness and understanding of the climate crisis for residents; establishing feedback loops between the City and its residents; growing trust and support for the City to accelerate action to reduce emissions; and building capacity among residents, City staff, and community groups to foster meaningful, collaborative action on climate policy. Cascadia prioritized communities that are most vulnerable to environmental impacts and those that have historically been hardest to reach. The Cascadia team collaborated with City staff to deliver a comprehensive engagement strategy via the recruitment of trusted community partners and a public engagement toolkit that will reach the target audiences through multiple channels, including online workshops, focus groups, and social media.

To address challenges of dissenting opinions among the public, our team met participants where they were at by encouraging them to voice their input and ensuring that public forums were equitable and inclusive spaces where all participants felt comfortable contributing, regardless of age, gender, ethnicity, wealth, preferred language, or other characteristics.
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Climate Action Plan Update & Public Engagement | City of Cupertino, CA | 2021 – Present Cascadia is sub-contracting to Rincon on an update of the City of Cupertino’s Climate Action Plan, which will provide the basis for prioritizing, budgeting, implementing, and monitoring the City’s goal of community-wide carbon neutrality by 2045. Rincon peer reviewed the City-prepared GHG inventories and climate change vulnerability assessment, provided adaptation recommendations for integration into the General Plan Safety Element Update, prepared GHG forecasts and gap analysis through 2045, developed a CEQA GHG Checklist and CEQA GHG Thresholds for the City, and prepared CEQA documentation for the CAP Update and GHG Thresholds. The City has also requested Rincon’s assistance with preparation of a Cupertino-specific CAP implementation tracking and monitoring tool (Rincon’s CAPDash tool). These various steps help to pave the way for implementation after the CAP is adopted. The Cupertino Draft CAP Update was circulated to the public and is a qualified GHG reduction plan in compliance with CEQA Guidelines 15183.5 with anticipated adoption by August 2022.

Additionally, Cascadia is working with key City staff and community stakeholders to receive input and implement feedback throughout the climate planning process. We are engaging partners early on and using a range of outreach methods to ensure we are meeting community members on their terms and offering authentic, transparent, and accessible options for public participation. Cupertino’s plan will build on the successes that allowed the city to achieve its 2020 target in 2018, with an additional focus on building electrification, electric vehicles, VMT reduction, carbon sequestration opportunities and a suite of adaptation measures that act synergistically with mitigation measures for maximum benefit. The final climate action plan will be a comprehensive, engaging, reader-friendly roadmap for the city to achieve its short and long-term emissions goals. Building on initial climate action planning steps, Cupertino has again contracted with Cascadia to develop and employ engagement methods that represent the broader community and include—and ideally elevate—traditionally under- represented voices to inform the future of the Blackberry Farm Golf Course.

Climate Action Plan Update | City of Santa Clara, CA | 2019-2022 Cascadia led an update to the City of Santa Clara’s Climate Action Plan.

Working closely with City staff, our team reviewed progress made on Santa Clara’s 2013 CAP, updated GHG forecasts and reduction targets in alignment with state regulations, and developed a framework for evaluating, comparing, and prioritizing climate mitigation actions. Building on this foundation, we facilitated the strategy selection process, working with internal City staff, external stakeholders, and community members to identify the climate actions that will have the greatest positive impact—not just in terms of reducing GHGs, but also delivering co-benefits that are important to the community. We maintained an intensive focus on community engagement throughout the project, with a series of public workshops, pop-up open house events, an online survey, and ongoing engagement via a project-specific website and other channels. To complete the project, we drafted an updated CAP, created a detailed Implementation Plan, and prepared supporting CEQA documentation that was adopted by the City Council in June.
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Climate Action Plan IS-ND and CEQA GHG Checklist | City of Millbrae | 2020 Rincon assisted the City of Millbrae with preparation of a programmatic CEQA document (an Initial Study-Negative Declaration [IS-ND]) for the City’s first Climate Action Plan (CAP) as well as development of a City CEQA GHG Checklist.

The Millbrae 2020 CAP incorporates many climate protection programs that the City has in place and will continue to reduce GHG emissions. It also includes adaptation measures to make homes more energy efficient, increase the amount of locally produced renewable energy, emphasize complete streets that support foot traffic, bicycles, and public transportation, reduce waste, and make municipal government operations efficient and environmentally responsible. The 2020 CAP addresses municipal and communitywide GHG emissions related to the residential, commercial, industrial, transportation, waste, and municipal sectors with a goal of reducing communitywide GHG emissions 49 percent 2005 levels by 2030 (consistent with California Senate Bill 32 target for 2030). The City aims to incorporate the 2020 CAP measures and related CEQA analysis into the General Plan and General Plan EIR, which are currently being updated with an anticipated horizon year of 2040.

Rincon also assisted the City with drafting California Assembly Bill 52 communication with local tribal representatives materials for the 2020 CAP CEQA assessment related to tribal cultural resources. Millbrae adopted the CEQA-qualified 2020 CAP in October 2020. Finally, Rincon prepared the City of Millbrae CAP Consistency Checklist (i.e., CEQA GHG checklist) for use by City staff and applicants in CEQA review of future projects and plans proposed within the City.

Climate Action Plan, CEQA GHG Thresholds and Guidance, and CAP Measures with CEQA GHG Checklist Review | City of San Luis Obispo | 2017-2020 Rincon developed new CEQA GHG Thresholds for the City of San Luis Obispo.

This effort was documented via a GHG Thresholds and Guidance document to be used by City planning staff and applicants when preparing greenhouse gas (GHG) emisisons analyses for environmental documents prepared pursuant to CEQA. Rincon also peer reviewed the GHG reduction measures and quantification used by the City in development of its Climate Action Plan (CAP) Update. Finally, Rincon developed CEQA GHG Thresholds for the City as well as prepared CEQA documentation for the CAP Update and GHG Thresholds.

The peer review effort involved review and verification of the feasibility, quantification, and substantial evidence related to the proposed CAP GHG reduction measures and anticipated future implementation of such measures.

Rincon also developed GHG efficiency threshold(s) for project-based CEQA analysis founded on a methodology that considers emissions against an efficiency-based service population threshold which accommodates population and economic growth in California in a way that achieves a lower rate of GHG emissions and that complies with the CEQA Guidelines and interpretative GHG case law. Moreover, Rincon developed a guidance document detailing a defensible approach for evaluating GHG impacts in analyses prepared pursuant to CEQA. This guidance document clearly details how the GHG efficiency threshold was developed and substantiates the linkage between a specific project or plan and the established State GHG reduction targets.

At planning organization conferences, qualified professionals recommended that other jurisdictions take a similar approach in preparation of defensible CEQA GHG thresholds of significance. The methodology used to develop thresholds for the City of San Luis Obispo can be applied to any jurisdiction in California that has prepared a communitywide GHG emissions inventory and forecast in a manner consistent with current industry standards.

Rincon also led the CAP/CEQA GHG Thresholds Initial Study-Negative Declaration (IS-ND) for the City and peer reviewed the City CEQA GHG Checklist.
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REFERENCES
Cupertino Climate Action Plan Update San Mateo County Climate Action Plan City of Santa Clara Climate Action Plan
Andre Duurvoort, Sustainability
Manager, City of Cupertino,

10300 Torre Avenue
Cupertino, CA 95014

[email protected]

408-777-3362
Avana Andrade, Sustainability
Specialist
San Mateo County, CA
455 County Center 4th Floor, Redwood
City, CA 94063
[email protected]

(650) 599-1459

Nimisha Agrawal, Associate Planner,
City of Santa Clara

1500 Warburton Avenue
Santa Clara, CA 95050

[email protected]

(408) 615-2467

138

CAP OUTREACH PLAN & CEQA REVIEW
Proposal to Foster City | 21

Cost Proposal
Our estimated costs for the scope of work are presented below. Given that Foster City did not provide a budget limit and there are multiple options for the size and scope of both the Outreach Plan and the CEQA Review, we are open to adjusting our scope and budget to meet the City’s priorities and accommodate its available funding.

Task (If Needed) Est. Hours Cost
(If Needed) Task 4. Complete CEQA Review
Task 4.1 CEQA Kickoff and Initiation 12 $2,745
Task 4.2 CAP Update CEQA Assessment Document 177 $30,398 Task 4.3 CAP Update CEQA Project Management 30 $5,885
Optional Task 4.4 CAP Update CEQA GHG Streamlining Checklist 50 $10,828 Optional Task 4.5 CEQA GHG Thresholds 90 $20,222
Total 219 $39,028
Total (with optional tasks) 359 $70,078

139

CAP OUTREACH PLAN & CEQA REVIEW
Proposal to Foster City | 22

Contract Acknowledgement
We acknowledge that Cascadia will provide insurance and a business license will be maintained from the City’s Finance Division annual during the term of the contract.

We have reviewed the contract and have flagged the following to be edited upon offer:
• Section 2- We have requested 15 days prior written notice for termination for convenience and suggested alternative language in the event of termination. We have also requested some language be stricken. • Section 3- We request to strike language that indicated payment is not due until a deliverable is complete and have suggested alternative language that has been standard in many contracts we have signed, providing for payment within 30 days.
• Section 7- Requested language stricken as it relates to payment terms in Section 3. • Section 11- Request language change to “is caused by” • Section 22- We request a limitation of liability Section be added to the Agreement with the highlighted language being mutual for both parties.
• Exhibit C Insurance- We request a reduction to the required insurance, as set forth in our comments. Our current policy appears to be industry standard for our work.

Please do not hesitate to contact us with any questions at [email protected]. 140
OVERVIEW OF ID360 RECOMMENDATIONS FROM

CLIMATE ACTION PLAN ASSESSMENT
The intent of ID360's Climate Action Plan Assessment was to analyze the 2015 CAP's GHG reduction strategies and discover new key strategies for consideration during the next phase of developing the revised CAP. The next steps recommended from ID360 are outlined below:

1. Mak
e Adjustments to the GHG Inventory
• ID360 made several recommendations regarding the City's GHG Inventory, including adjusting how transportation emissions are calculated and the method for quantifying methane (CH4) and nitrous oxide (N2O) emissions. • ID360 also recommends, prior to adopting GHG reduction targets, it should be determined if Foster City's large industrial emitters are currently, or should be, reporting their emissions to CARB under the MRR. This will determine if the stationary source sector should be included in the City's targets.

2. Set New GHG Reduction Targets: The 2015 CAP set GHG reduction targets for 2020 and 2025. Foster City has already achieved the 2020 target of reducing community-wide emissions 15 percent below 2005 levels. With emissions in 2019 being 17 percent lower than 2005 levels, the City also appears to be on track to achieving a 20 percent reduction by 2025. In setting GHG reduction targets for the CAP:
• Set a community -wide GHG target for 2030 that aligns with the statewide reduction mandate represented by SB 32 (40 percent below 1990 levels by 2030).
• Set a longer -term carbon neutral (net zero) goal for 2045 to align with the Governor's Executive Order B-55-18 (statewide carbon neutrality by 2045).

3. Expand Assessment of Climate Change Vulnerabilities: To develop effective adaptation strategies for the CAP, ID360 recommends the City expand vulnerability assessment to better understand vulnerabilities to climate change hazards:
• Engage the public to identify and prioritize community concerns relating to climate change, climate change impacts, and adaptation priorities. Build on Local Hazard Mitigation Plan efforts to receive feedback from the public on vulnerabilities, maps, and adaptation strategies.
• Map critical assets concerning hazards to understand their particular vulnerabilities. Conduct a detailed risk analysis, downscaled from regional studies, for local and nearby infrastructure, especially for flood and dam inundation, for a more accurate assessment
• Map the location of hazardous waste sites in relation to anticipated sea- level rise and potential flooding.
• Create an index of social vulnerability, mapped by census tract, to show areas of the City that have a higher concentration of populations considered more vulnerable to the impacts of climate change.

Attachment 5
141

• Identify and assess the vulnerability of the City's cultural and historical assets to climate change hazards.
• Develop a more thorough understanding of the City's adaptive capacity regarding each primary climate change hazard.

4. Conduct Stakeholder Engagement: To develop a CAP that is reflective of the community, the City should engage with the public and with stakeholder groups who can help identify, prioritize, and implement GHG reduction and climate change adaptation strategies.
• Reinstate the Citizens Sust ainability Advisory Committee (CSAC) that was convened to aid the City in developing the draft Sustainable Foster City Plan.

CSAC can provide assistance to City staff and to Foster City community engagement.
• Develop a public outreach and stakeholder engage ment plan to disseminate information about the CAP update and solicit input and feedback from community groups, organizations, and individuals. Include community workshop(s) and/or Planning Commission study sessions open to the public, focused stakeholder group meetings, and a social media presence.

Presentations and media distribution at community venues and events, religious functions, schools, and community gatherings can also be effective. • Due to the uncertainty regarding the ongoing Covid- 19 pandemic, consider a mix of virtual and in -person events, and ensure that all community members have equal opportunity to provide input.

5. Develop the 2022 Climate Action Plan: The Assessment conducted by ID360 included the major components of a Climate Action Plan:
• 2019 GHG Inventory Report for Community and Municipal Operations • Proposed 2030 and 2050 GHG Reduction Targets
• CAP Scenario Analysis and Recommended Measures
• Climate Change Vulnerability Assessment and Recommendations

6. Implement and Manage Climate Action Plan Leadership Program: ID360 made several organizational observations and recommendations in their CAP Assessment. In assessing the implementation of the 2015 Climate Action Plan, ID360 noted the following:
• While the City has robust goals, changes to City staff can cause confusion amongst the various departmental staff involved in the CAP implementation. • The City benefits by collaborating with other agencies by promoting ext ernal programs that benefit the City of Foster City businesses and citizens. • A significant level of responsibility is assigned to the Public Works Department staff, as the Public Works Department manages the City's major infrastructure elements, including water and streets.
• The City Manager's Office has a fraction of one full -time equivalent (FTE) Management Analyst position in the City Manager's office assigned to the fulfillment of the CAP. CAP responsibilities were init ially under the direction of the Community Development Department, including the development of the 142

2015 CAP, as the Climate Action Plan is part of the General Plan – Land Use and Circulation Element.
• The City can strengthen the communication between the City Manager's office and the delegated department with regard to CAP roles and responsibilities. • The City has the opportunity to enhance its oversight functions of the City departments about climate action plan implementation using the organizational strategy recommended by ID360.

These observations led ID360 to recommend the organizational strategy, "Climate Action Leadership Program," which reorganizes CAP implementation to include City director - level accountability to implement current and future climate action measures. This implementation model helps climate responsibilities become interwoven into the existing City operations. In addition, the leadership program will create transparency and predictability for the CAP implementation in the event of staff changes:

• Engage the Committees, Community, and Council: Reengage the Citizens Sustainability Advisory Committee (CSAC) to contribute to CAP development.

Primary and secondary stakeholders shall contribute to, review, and provide feedback on proposed climate action initiatives.
• F
inalize Organizational Strategy: Implement the Climate Action Plan Leadership Program as a new approach to monitoring and implementing the existing CAP and the future CAP. The next step in developing the program is to execute the Climate Action Organization Chart and Climate Action Plan Position Agreements.
• S
ubmit for CEQA Review and City Council Adoption: Meet State mandates and demonstrate compliance with CEQA regulations. Finalize the necessary steps for final CAP approval prior to implementation.
• E ngage the City Staff: Provide opportunities for staff to receive training on the roles and responsibilities of the Climate Action Leadership Program of the delegated to support implementation efforts.
• S
taff Training and Delegation: Provide opportunities for staff to receive training on new climate action measures and ensure activities are delegated to support implementation efforts.
• Lau nch Special Programs: In line with the updated Climate Action Plan (i.e., CAP), initiate steps to launch special programs that support adopted Climate Action Plan measures.
• M
etrics Management and Reporting: Develop and utilize monitoring and reporting tools to routinely track efforts on a measure- by-measure basis.

Strengthen collaboration opportunities among City departments. 143

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: NAMING CITY MANAGER STEFAN CHATWIN AS ITS

DESIGNEE TO REVIEW APPLICATIONS FOR THE
INDEPENDENT CITIZENS’ BOND OVERSIGHT COMMITTEE

AND TO RECOMMEND APPLICANTS FOR APPOINTMENT BY

THE COUNCIL

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution to update its designee to review applications for the Independent Citizens’ Bond Oversight Committee (Levee Bond Oversight Committee) and recommend applicants for appointment by the City Council, by rescinding previously designated Interim City Manager Dante Hall as its designee, and naming City Manager Stefan Chatwin as its designee.

EXECUTIVE SUMMARY AND ANALYSIS

On June 5, 2018, Foster City voters passed Measure P, authorizing the City to issue general obligation bonds in the amount of $90,000,000 to fund improvements to the City’s levee system. As the bond measure promised voters that the expenditure of bond funds would be subject to citizens’ oversight, the City Council established the Independent Citizens’ Bond Oversight Committee and adopted bylaws for the Committee on December 16, 2019.
144

The initial appointments of three resident members and two representatives from businesses were made at the September 8, 2020 City Council meeting.

One resident member and one business member were appointed to a two- year term, expiring September 30, 2022, and the remaining two resident members and one business member were appointed to a three-year term, expiring September 30, 2023. In order to fill the upcoming vacancies resulting from the terms expiring on September 30, 2022 the City is currently soliciting applications for one resident and one business Committee member positions.

Applications are due by 5:00 P.M. on September 1.

Per the Bylaws, the City Council may consider all applications itself or appoint a designee to review the applications and recommend applicants for appointment by the City Council. On July 6, 2020, the City Council adopted City Resolution 2020-65, naming Interim City Manager as the designee to review all applications and recommend applicants for the City Council’s review and appointment. The attached resolution, if approved, would rescind City Resolution 2020-65 naming Interim City Manager Dante Hall as its designee and update the designee to City Manager Stefan Chatwin as the City Council’s designee to review all applications and recommend applicants for the City Council’s review and appointment at the City Council meeting when appointments are made to the Committee.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This action is an ongoing step of the Levee Project initiative under the “Facilities and Infrastructure” and “City Council Operations and Improved Community Engagement” Value/Priority Areas. The key outcome is to make substantial progress toward an improved levee on time and within budget to protect the community and critical infrastructure from storms and high tide.

Part of this process involves citizen oversight of the expenditures of bond funds.

FISCAL IMPACT

There is no fiscal impact associated with the proposed resolution.

Attachment:
 Attachment 1 - Resolution
145
 Attachment 2 - Resolution No. 2020-65 Naming Interim City Manager as Designee to Recommend Applicants for Appointment

146
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RESCINDING RESOLUTION NO. 2020-65 AND NAMING CITY MANAGER STEFAN

CHATWIN AS ITS DESIGNEE TO REVIEW APPLICATIONS FOR THE INDEPENDENT CITIZENS’ BOND OVERSIGHT COMMITTEE (LEVEE BOND OVERSIGHT

COMMITTEE) AND TO RECOMMEND APPLICANTS FOR APPOINTMENT BY THE

CITY COUNCIL

CITY OF FOSTER CITY
WHEREAS, on June 5, 2018, 80.6% of participating voters in Foster City voted in favor of Measure P, which subsequently passed; and
WHEREAS, Measure P called for Foster City to issue $90,000,000 in bonds to fund levee improvements to the Foster City levee system; and WHEREAS, on December 16, 2019, the City Council established the Independent Citizens’ Bond Oversight Committee (“Levee Bond Oversight Committee”) to review all expenditures of bond proceeds and adopted Bylaws for the Committee; and WHEREAS, Section 5.5 of the Levee Bond Oversight Committee Bylaws allows the City Council to appoint a designee to review applications for membership to the Levee Bond Oversight Committee and to make appointment recommendations to the City Council; and
WHEREAS, on July 6, 2020 the City Council adopted Resolution No. 2022-65 naming Interim City Manager Dante Hall as its designee to review all applications for Levee Bond Oversight Committee membership and to recommend applicants, who were subsequently appointed at the September 8, 2022 City Council meeting.

WHEREAS, the terms of one resident member and one business representative member expire on September 30, 2022, and as such, the City sought applications for one resident and one business representative member to fill the upcoming vacancies, with applications due by 5:00 P.M. on September 1, 2022; and WHEREAS, the City Council wishes to have City Manager Stefan Chatwin review all timely-submitted applications for Levee Bond Oversight Committee positions and recommend applicants for appointment by the City Council.

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

1. Rescind Resolution No, 2020-65, which named Interim City Manager Dante Hall as its designee to review all applications for Levee Bond Oversight Committee membership and to recommend applicants for appointment, and

2. Name City Manager Stefan Chatwin as its designee pursuant to Section 5.5 of the Levee Bond Oversight Committee Bylaws to review all applications for Committee membership and to recommend applicants for appointment at the Council’s regular meeting on September 19, 2022, or as soon thereafter as possible.
147
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
148
RESOLUTION NO. 2020-65

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

INTERIM CITY MANAGER DANTE HALL AS ITS DESIGNEE TO REVIEW APPLICATIONS FOR THE INDEPENDENT CITIZENS’ BOND OVERSIGHT

COMMITTEE AND TO RECOMMEND APPLICANTS FOR APPOINTMENT BY THE

CITY COUNCIL

CITY OF FOSTER CITY
WHEREAS, on June 5, 2018, 80.6% of participating voters in Foster City voted in favor of Measure P, which subsequently passed; and
WHEREAS, Measure P called for Foster City to issue $90,000,000 in bonds to fund levee improvements to the Foster City levee system; and WHEREAS, on December 16, 2019, the City Council established the Independent Citizens’ Bond Oversight Committee (“Committee”) to review all expenditures of bond proceeds and adopted Bylaws for the Committee; and
WHEREAS, Section 5.5 of the Committee Bylaws allows the C ity Counci l to appoint a designee to review applications for membership to the Committee and to make appointment recommendations to the City Council; and
WHEREAS, pursuant to the Committee Bylaws, the City sought applications for Committee members with applications due by 5:00 P.M. on July 2, 2020; and WHEREAS, the City Council wishes to have Interim City Manager Dante Hall review all timely -submitted applications for Committee positions and recommend applicants for appointment by the City Council.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby name Interim City Manager as its designee pursuant to Section 5.5 of the Independent Citizens’ Bond Oversight Committee Bylaws to review all applications for Committ ee membership and to recommend applicants for appointment at the Council’s regular meeting on July 20, 2020, or as soon thereafter as possible.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of July, 2020, by the following vote:

AYES: Councilmembers Awasthi, Froomin, Gehani, Hindi, and Mayor Mahanpour NOES: None
ABSENT: None
ABSTAIN: None
____________________________________

CATHERINE MAHANPOUR, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

DocuSign Envelope ID: 5D0F6A53-248A-43B2-A8E1-0395C12A05AB Attachment 2
149

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Vanessa Brannon, Senior Management Analyst

SUBJECT: APPROVING AN AMENDED POLICY STATEMENT FOR THE

CITIZENS SUSTAINABILITY ADVISORY COMMITTEE

RECOMMENDATION

It is recommended that the City Council adopt a resolution amending the Citizens Sustainability Advisory Committee's policy statement changing the number of youth members in the Citizens Sustainability Advisory Committee to two (2) members and updating the initial terms.

EXECUTIVE SUMMARY/BACKGROUND/ANALYSIS

The Citizens Sustainability Advisory Committee was established by City Resolution No. 2022-46 at the May 2, 2022 City Council Regular Meeting. Per the Policy Statement of the Committee, membership is as follows:
 Five (5) Foster City Resident voting member seats; and  One (1) Foster City Resident youth voting member seat; and  Two (2) In-town Business voting member seats:
o One (1) business voting member should be from one of the City’s major employers
o One (1) business voting member should be from one of the City’s small businesses
 One (1) In-town Non-Profit voting member seat
150

At the August 1, 2022 City Council Regular Meeting, City Council approved the addition of one (1) additional youth member, changing the make-up of the committee to:
 Five (5) Foster City Resident voting member seats; and  Two (2) Foster City Resident youth voting member seat; and  Two (2) In-town Business voting member seats:
o One (1) business voting member should be from one of the City’s major employers
o One (1) business voting member should be from one of the City’s small businesses
 One (1) In-town Non-Profit voting member seat

When the Committee was formed on May 2, 2022, the City Council indicated the desire for staggered terms for members for the initial terms, which was reflected in the Policy Statement as four members to serve initial two-year terms and the remaining five members to serve three-year terms, and all subsequent appointments to serve three- year terms.

The Policy Statement is updated to state that for the initial appointments, five members will serve two-year terms, and the remaining five members will serve three-year terms, to reflect the additional youth member appointed at the August 1, 2022 City Council Regular Meeting.

FISCAL IMPACT

There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

Climate Action Planning and corresponding outreach efforts align with the "Innovation and Sustainability" and “Improved Community Engagement” Value/Priority Areas.

Attachments:
 Attachment 1 - Resolution
151
 Attachment 2 - Updated Policy Statement
152
RESOLUTION NO.____________

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

APPROVING AN AMENDED POLICY STATEMENT FOR THE CITIZENS

SUSTAINABILITY ADVISORY COMMITTEE CHANGING THE MEMBERSHIP FROM

ONE YOUTH MEMBER TO TWO YOUTH MEMBERS AND UPDATING THE INITIAL TERMS

CITY OF FOSTER CITY
WHEREAS, at its regular meeting May 2, 2022 the City Council adopted City Resolution No. 2022-46 authorizing the establishment of the Citizens Sustainability Advisory Committee and approved the Policy Statement for the newly formed committee; and
WHEREAS, the policy statement amended to change the committee’s member to increase the youth member from one (1) to up two (2) youth members as follows; and Five (5) Foster City Resident voting member seats; and Two (2) Foster City Resident youth voting member seat; and Two (2) In-town Business voting member seats:
oOne (1) business voting member should be from one of the City’s major employers
oOne (1) business voting member should be from one of the City’s small businesses
One (1) In-town Non-Profit voting member seat
WHEREAS, accordingly, the policy statement is also updated to reflect a minor change to the initial member terms, indicating that five members will serve an initial two - year term, instead of four members as originally stated, to reflect than an additional youth member was added to the committee membership; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby amend the Citizens Sustainability Advisory Committee policy statement as outlined in Attachment 1 attached hereto and incorporated herein. 153
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
154
Update 8/10/2022
Policy Statement for Citizens Sustainability Advisory Committee Statement of Purpose
The Citizens Sustainability Advisory Committee (CSAC) serves in an advisory capacity at the pleasure of the City Council. The Citizens Sustainability Advisory Committee shall advise the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability and research, review, and provide comm ents on proposed programs and initiatives.

M
embership
• Five (5) Foster City Resident voting member seats; and • Two (2) Foster City Resident Youth voting member seat; and • Two (2) In-town Business member seats; and
o One (1) business member should be from one of the City’s major employers; and
o One (1) business member should be from one of the City’s small businesses • One (1) In-town Non-Profit member seat.

CSAC members will be recruited with a combination of advertisement and invitation. The five (5) resident members and the two (2 ) youth member s shall be selected through an application and City Council selection process. The three business and non-profit seats will be selected by City Staff with advice and feedback from Sustainability Subcommittee Council liaisons, and final approval of City Council.

E
ach member shall serve a term of three (3) years, beginning on the date of the member's appointment by the City Council. No member may serve more than three (3) consecutive terms. To stagger the terms of the Committee members, the City Council will select five members appointed to the Committee to serve initial two (2)- year terms and the remaining members for three (3)-year terms. All subsequent appointments should be for three (3)- year terms. Members whose terms have expired may continue to serve on the Committee until a successor has been appointed.

Cit
y Council and Staff Liaisons
The City Council shall appoint a City Council liaison to the committee. The City Manager shall appoint a staff liaison to the committee.

Co
mmittee Organization and Procedures
The committee shall select a chair and vice- chair. The duties of the chair and vice- chair shall b e as stated in the City Municipal Code for Advisory Committees. Committee procedures shall be conducted in accordance with Robert's Rules of Order and the City Municipal Code for Advisory Committees.

M
eetings
Meetings shall be held, as needed, at the Council Chambers Conference Room, 610 Foster City Blvd., Foster City, CA, 94404 monthly on the second Wednesday of the month at 6:30 PM.
155

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: ACCEPTING THE WORK BY FIRST SERVE PRODUCTIONS, INC. FOR THE SPORT COURT RESURFACING PROJECT (CIP
301-701) AND DIRECTING THE CITY CLERK TO FILE THE

NOTICE OF COMPLETION

RECOMMENDATION

It is recommended that the City Council approve the attached resolution accepting the work performed by First Serve Productions, Inc. for the construction of Sport Court Resurfacing Project (CIP 301-701) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY

CIP 301-701 consists of the rehabilitation of basketball and tennis courts at Edgewater Park, basketball and pickleball courts at The Vibe, and basketball and tennis courts at Catamaran Park. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

BACKGROUND

City Resolution No. 2022-30, adopted on April 4, 2022 approved the 156
execution of a construction contract with First Serve Productions, Inc. in the amount of $187,030.00 for CIP 301-701 and established a project contingency of $19,000.00. Construction began in May 2022, was substantially completed on July 6, 2022, and the contractor has completed all punch list items of work.

ANALYSIS

The construction work consisted of rehabilitating one basketball court and two tennis courts at Catamaran Park, one basketball court and three tennis courts at Edgewater Park, and one basketball and six pickleball courts at The Vibe.

Contract Change Order (CCO) #1 was authorized to pay for unforeseen conditions that were identified during construction and adjusted the final quantities in the original contract to reflect actual quantities constructed.

Given that First Serve Productions, Inc. has completed its work in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

FISCAL IMPACT

The following is the project expenditure summary to date:

Project Budget
CIP 301-701 – Resolution 2022-30 $ 215,000.00
Total Approved Budget $ 215,000.00

Construction Contract Expenses
Contract Agreement with First Serve Productions, Inc. $ 187,030.00 CCO #1 – Quantities Adjustment Change Order $ (656.00) Total Construction Contract Expense $ 186,374.00

Other Project Related Expenses
Advertising/Miscellaneous Expenses $ 1,434.20
Total Other Project Related Expenses $ 1,434.20

Total Project Expenses to date $ 187,808.20

Project Budget Balance $ 27,191.80
157

The contract work has been completed and the Notice of Completion can now be filed. Tonight’s action will establish the official date of completion of the work performed by First Serve Productions, Inc., formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made, and encumbered funds for construction released back to the project fund.

CITY VISION, MISSION, AND VALUE/PRIORITY AREA

This project aligns with the City Council’s adopted Facilities and Infrastructure Value/Priority area. The key outcome is to continually provide maintenance on the City’s park infrastructure.

Attachments:
 Attachment 1 - Resolution
 Attachment 2 - Notice of Completion
158
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY FIRST SERVE PRODUCTIONS, INC. FOR THE SPORT COURT RESURFACING PROJECT (CIP 301-701) AND DIRECTING THE CITY

CLERK TO FILE THE NOTICE OF COMPLETION

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Sport Court Resurfacing Project (CIP 301-701) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and First Serve Productions, Inc. dated April 4, 2022; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

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

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify First Serve Productions, Inc. that the Construction Performance Bond No. CAC721166 from Merchants Bonding Company may be released one year following the recordation of the Notice of Completion; and

4. The City Clerk to release the Labor and Material Bond No. CAC721166 from Merchants Bonding Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.
159
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK
160
Attachment 2
161

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director Marty Cooper, Chief Building Official

SUBJECT: APPROVING AND AUTHORIZING STAFF TO ISSUE THE

REQUEST FOR PROPOSALS FOR REACH CODE

CONSULTANT SERVICES INCLUSIVE OF DEVELOPING AND

ADOPTING A LOCAL ENERGY REACH CODE AND A

PERFORMING AN ELECTRICAL CAPACITY STUDY OF THE

CITY OF FOSTER CITY

RECOMMENDATION

It is recommended that the City Council adopt the attached Resolution approving and authorizing staff to issue the attached Request for Proposals (RFP) for consultant services for developing and adopting a local energy Reach Code including performing an electrical capacity study of the City of Foster City, energy savings study, cost effectiveness study, and community engagement.

EXECUTIVE SUMMARY

A Reach Code is a local building energy code that goes beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local governments to pave the way for clean air, reduce greenhouse gas emissions (GHGs), address climate change, and renewable energy solutions. Most cities update local building codes including Reach Codes concurrently with state-required adoption of the 2022 162
standards.

Adoption of a local ordinance that mandates Reach Codes to implement specific electrification or energy efficiency measures that exceed the state code requirements would need to be submitted to the California Energy Commission (CEC). The documentation would contain the local standards and supporting analysis on the energy savings along with the cost effectiveness of the local regulations. The applicable state laws can be found at: California Energy Standards §10-106 - Locally Adopted Energy Standards, along with Public Resources Code Sections §25402.1, §21080.4, and §21153 that establish a process which allows local adoption of energy standards that are more stringent than the statewide standards. This process allows local governmental agencies to adopt and enforce energy standards for newly constructed buildings, additions, alterations, and repairs to existing buildings provided the CEC finds that the standards will require buildings to be designed to consume no more energy than permitted by Title 24, Part 6.

The Reach Code consultant would help to develop a local energy Reach Codes Ordinance. The content and scope of the Reach Code Ordinance will be determined based upon: cost-effectiveness/economic analysis, electrical capacity study, energy savings study and stakeholder input from the City of Foster City residents, property owners, businesses, and potential developers.

BACKGROUND

At the August 1, 2022 City Council Regular meeting, the City Council directed staff, by Minute Order, to prepare an RFP for consultant services for developing and adopting a local energy Reach Code including performing an electrical capacity study of the City of Foster City, cost effectiveness study and community engagement. The consultant would help in drafting and adopting a local energy Reach Code Ordinance in order to achieve energy savings, reduce the carbon footprint and advance the City’s Sustainability and Climate Action Plan goals.

The scope of the RFP includes program initiation and project management, research, community engagement and stakeholder outreach, a neighborhood by neighborhood electrical capacity study, development of draft Ordinance, support for local Policy Adoption and implementation, liaison with State Agency for approval, and permit applicant technical support. The permit applicant technical support services are for only the first three months once the Reach Code Ordinance is in effect. The consultant would also develop the 163
cost-effectiveness studies necessary to file with CEC. The consultant would also meet with the Economic Development/Sustainability Subcommittee, hold separate community outreach, conduct engineering studies, prepare a draft Ordinance and present their findings to the City Council. After adoption of the Reach Code Ordinance, the consultant would represent the City of Foster City before the CEC.

CONCLUSION

Reach Codes create opportunities for local governments to pave the way for clean air, reduce greenhouse gas emissions (GHGs), address climate change, encourage renewable energy solutions, and reduce our carbon footprint. The attached Resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates bringing forward the award of contract for Reach Code consultant services for the City Council’s consideration in October 2022.

ENVIRONMENTAL DETERMINATION

This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

FISCAL IMPACT

There is no significant cost to issue the RFP. The cost for the consultant services will be brought to the City Council along with the award of the contract at a future meeting in October including a request for budget appropriation from the General Fund for Reach Code consultant services.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Consideration of this RFP is consistent with the City Council’s “Innovation and Sustainability” Value/Priority Area insofar as it may promote implementation of measures to address greenhouse gas emissions in consideration of climate change.

Attachments:
 Attachment 1 - Resolution
164
 Attachment 2 - Request for Proposals
165
RESOLUTION NO.____________

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

APPROVING AND AUTHORIZING STAFF TO ISSUE THE REQUEST FOR

PROPOSALS FOR CONSULTANT SERVICES FOR DEVELOPING AND ADOPTING A

LOCAL ENERGY REACH CODE INCLUDING PERFORMING AN ELECTRICAL

CAPACITY STUDY OF THE CITY OF FOSTER CITY, COST EFFECTIVENESS STUDY,

ENERGY SAVINGS STUDY AND COMMUNITY ENGAGEMENT

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wishes to seek qualified consultants to provide Reach Code consultant services inclusive for developing and adopting a local energy Reach Code including performing an electrical capacity study of the City of Foster City, cost effectiveness study, energy savings study and community engagement; and WHEREAS, the Request for Proposal (RFP) process is used to identify consulting firms with the relevant background and experience to provide services and ensure the cost for services is competitive; and
WHEREAS, hiring a consultant firm with qualified personnel who are experienced in the services required will provide assistance to staff in specific areas of technical and professional expertise; 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 Request for Proposal for Reach Code consultant services inclusive of developing and adopting a local energy Reach Code including performing an electrical capacity study of the City of Foster City, cost effectiveness study, energy savings study, and community engagement; and

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

3. Authorize the initiation of the consultant selection process. 166
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
167

REQUEST FOR PROPOSALS (RFP)
The City of Foster City (“City”) is requesting proposals from qualified consulting firms for the work entitled:

REQUEST FOR PROPOSALS FOR REACH CODE CONSULTANT SERVICES

INCLUSIVE OF DEVELOPING AND ADOPTING A LOCAL ENERGY REACH CODE AND A PERFORMING AN ELECTRICAL CAPACITY STUDY OF THE CITY OF FOSTER CITY.

D
ate of Issuance: August 15, 2022
Questions Due: September 8, 2022
Due Date: September 19, 2022
Award of Contract: Tentative date October 3, 2022
P
roposals shall be submitted by qualified consultants that have demonstrated verifiable experience in preparing local Reach Code ordinance, executing project management, and conducting public outreach for similar projects as outlined in the scope of work described in this RFP.

T
he proposals shall be addressed to:

Marty Cooper, Chief Building Official
City of Foster City
Community Development Department
610 Foster City Boulevard
Foster City, CA 94404
S
ubject: Response to RFP for Reach Code Consultant Services for the City of Foster City.

P
roposals shall be submitted by email to [email protected] so that it is received not later than 5:00 P.M. on Monday September 19, 2022.

A
ll inquiries regarding the project and this RFP shall be directed to Martin Cooper, Chief Building Official, via telephone at (650) 286- 3227, or, preferably, via email at [email protected].

Attachment 2
168
1 I. PROJECT BACKGROUND

The City of Foster City , through this Request for Proposals (“RFP”) seeks a qualified consultant to provide consultation services for the adoption of a local E nergy Reach Code. If adopted, the Energy Reach Code would align with the 2022 California Energy code and the 2022 California Green Building (CALGreen) Standards. The City is seeking consulting services to assist staff in developing and adopting policies to meet the Energy Reach Code goal. C onsultation services would include advisory, policy development, and other services to assist the city staff. Please see Section 2, below, for a full description of the services required . It is a Proposer’s responsibility to review the entire RFP in order to submit a complete and responsive proposal. The highest ranked Proposer, based on the written response to the RFP, as well as any interviews, if scheduled, will be invited to negotiate a contract with Foster City. The target start date and contract durat ion for the proposed services is subject to negotiation of a final agreement.

This RFP seeks the submission of proposals from interested and qualified Proposers.

The City of Foster City seeks to obtain the listed services in a manner that maximizes the quality of services while also maximizing value to Foster City and, by extension, its residents and businesses. Proposers must be able to show that they are capable of performing the services requested. Such evidence includes, but is not limited to, the respondent's demonstrated competency and experience in delivering services of a similar scope and type and local availability of the Proposer's personnel and equipment resources. Proposals must be submitted by the submittal deadline, as follows:

Submitted by electronic mail to [email protected] so that it is received no later than 5:00 P.M. on Monday September 19, 2022 . Inquiries can be directed to the following address:

City of Foster City
Attn: Martin Cooper
Chief Building Official
610 Foster City Blvd.

Foster City CA 9440
169
2 II. SCOPE OF WORK

a. Background

The City of Foster City is seeking qualified consulting services to provide local green building and Energy Reach Code ordinance development support for the 2022 building code cycle. In the City of Foster City , all electrical services are underground and most electrical service panels are 100 Amp. The cost of underground electrical services was not considered within the 2022 Statewide Cost -Effectiveness Studies. The RFP scope includes providing technical support to develop ordinance language and present to City Council for adoption. The Consultant will collaborate with city staff and stakeholder groups in creation of new green building and energy policies and guidelines and provide other similar services such as the services identified in this RFP. The goal of this scope of work is to provide policy d evelopment and adoption consulting services to support the City to adopt a local Energy Reach Code ordinance in accordance with the requirements of the California Energy Commission (CEC) and reflective of the local building department permit data. The top priority is to ensure that the Reach Code will achieve long-term goals within the City’s Climate Action Plan (CAP) and ultimately result achieving energy efficiency and reducing Greenhouse Gas Emissions (GHGs).

b. Scope Of Work

The Workplan is organized into the following tasks and is based on developing greater energy performance levels for mixed fuel and all-electric buildings; CALGreen Tier 1 and Tier 2 Performance Requirements; efficiency, renewable, or electrification measur es; photovoltaic and solar thermal measures; third party green building certification, including energy audits; sustainable roofs ; recycled water, rainwater, or treated graywater; “EV - Capable” and/or “EV-ready” parking spaces beyond mandatory CALGreen requirements for private and public improvements; Bay Area Water Supply and Conservation Agency (BAWSCA) Model Water Efficient Landscape Ordinance (MWELO) :

Task 1 – Program Initiation and Project Management
Task 2 – Perform and Report Initial Research
Task 3 – Community Outreach & Develop Draft Policy Criteria Task 4 – Local Policy Adoption, State Agency Coordination and Rollout Task 5 – Permit Application Technical Support
Task 6 – Electrical Capacity Study

Task 1: Program Initiation and Project Management

Organize and attend a conference call with the City staff project team to discuss strategy and overall project. Assumes meeting prep with agenda, attend meeting, and deliver meeting minutes and project schedule. Organize and attend a project kick -off with City Staff to discuss the project scope, goals, timeline and deliverables. Assumes meeting prep with agenda and presentations, attend meeting, and deliver meeting minutes. Attend monthly project meetings with City Staff to discuss progress to date on the Workplan and 170
3 address any coordination items and technical requirements.

Task 2 – Perform and Report Initial Research

Collaborate with City Staff to obtain relevant permit data of the past two calendar years.

Perform an analysis of the permit data and suggest permit type(s) that would be most relevant for application of an Energy Reach Code in the City. The report will cover relevant state and local building codes, best practices related to building electrification and energy efficiency of new and existing buildings. The report will contain a range of energy saving building policies feasible for implementation in C limate Zone 3. The Consultant will prepare and provide a memorandum summar izing the permit data analysis and E nergy Reach Code policy suggestions including preparing presentation materials to the City Council Economic Development and Sustainable Subcommittee and the City Council.

The style of content will target a non- technical audience without specialized knowledge in energy codes.

Task 3 – Community Outreach & Develop Draft Policy Criteria

Industry Stakeholder Engagement Meetings Agenda Development, Marketing, and Technical Support. Attend and facilitate at least two (2) 90- minute industry stakeholder engagement meetings with local contractors, architects, and building owners for gathering feedback on the E nergy Reach Code regulation. For each meeting the following will be prepared: a) community meeting agendas, b) visual presentations, c) webpage for signup, d) email blast to stakeholders e) correspondence with community members via email as directed by City staff, f) meeting minutes and g) surveys. Assemble results into a summary table and narrative paragraphs to use in the staff report.

Community Engagement Meetings Agenda Development, Marketing, and Technical Support. Attend and facilitate at least two (2) 90-minute community engagement meetings with local members of the community for gathering feedback on the Energy Reach Code regulations. For each meeting the following will be prepared: a) community meeting agendas, b) visual presentations, c) webpage for signup, d) email blast to stakeholders e) correspondence with community members via email as directed by City staff, f) meeting minutes and g) surveys. Assemble results into a summary table and narrative paragraphs to use in the staff report.

Develop Policy Direction Matrix with M odel Code Regulation in Excel and Update throughout Tasks 2 and 3. Using the list of ideal policy requirements from City Staff, create the outline of the policy language to be used as a baseline. The matrix is a tool to house and think through the details of the possible model code language, the interested community organizations, educational aspects, compliance process, related municipal code sections, etc. The matrix will house the cost-effectiveness results. The intent will be to update and revise the document as the project evolves. Assumes initially one iteration and three (3) rounds of comments and updates.

Policy Development, Cost -Effectiveness & Research Support. Coordinate project 171
4 outcome to align with the results of the cost-effectiveness study. Perform policy research to support the changes to the policy criteria in the local municipal code. Perform State and Federal policy research for amendment to the State code within the municipal code.

Communicate with State and Federal agency staff, as needed, regarding the evolving policy development direction.

Statewide Cost -Effectiveness Study Analysis and Local Electrical Capacity Study.

Perform policy research and analysis on the results and recommendations from the 2022 Statewide Cost -Effectiveness Studies and a localized neighborhood by neighborhood cost-benefit, energy savings and economic impact analysis w ith respect to local stakeholder input. Provide feedback and recommendations on next steps in summary memorandum. Provide data collection support for a local electrical capacity study.

Task 4 – Local Policy Adoption, State Agency and Rollout

Codification Support. Deliver the Final Policy Matrix to the project team. Attend one meeting with City Staff to finalize the regulation requirements in coordination with the cost- effectiveness study. The final version in the Policy Direction Matrix will house the final model code language. It is assumed that the final code will be written and approved by the City Attorney.

Staff Report Writing & City Council Meeting Technical Support for Code Adoption/Public Hearing. Provide technical writing support to assemble Staff Report for model code language. Provide PowerPoint Presentation for Council meeting. Attend two (2) City Council meetings and provide presentation support to City Staff for code adoption.

Assume City Council packet is due six (6) weeks prior to City Council meeting. Assume PowerPoint Presentation is due one (1) week prior to City Council meeting.

Submittal to the CEC. Provide technical writing support to assemble a cover letter to be sent by City Staff to the CEC. Work with staff to obtain a wet signature to the City Council approved ordinance. The Submittal to the CEC shall include the Cover letter, Staff Report, Ordinance with wet signatures, and Energy Savings and Cost -Effectiveness Study.

Remain in regular communication with the Chief Buil ding Official regarding obtaining notice of receipt from CEC. Work with staff to request assignment of a public comment period and preliminary CEC business meeting date. Note: The CEC will only grant a spot on the Business Meeting agenda after the close of the public comment period.

Support Staff During Statewide Public Comment Period. Provide technical support to City Staff during the statewide public comment period administered by the CEC. Address specific questions posed by the CEC and community members during the comment period and before the Business Meeting.

Request CEC Business Meeting Date & Attend CEC Business Meeting by Phone. Attend CEC Business Meeting, via conference call, to witness approval of local code and to be available to CEC staff immediately following the Business Meeting to address questions.

Once approved, work with City Staff to obtain formal letter from CEC for submission to 172
5 the Building Standards Commission. The City may be required to wait up to two (2) months to appear on CEC Business Meeting agenda. Assumes 60 Days to complete this task to include waiting time to get on agenda. In the event that updates are needed to the ordinance.

Support staff to submit to Building Standards Commission. Support staff to obtain official letter from the CEC to submit to the Building Standards Commission to gain permission to enforce the ordinance. Provide example letter for submittal.

Staff Stakeholders List & Coordination Matrix. Work with senior staff to create an internal coordination matrix as a staff management tool to define coordinated efforts for each type of electrical and sustainable related permit. Document operational procedures and all existing forms, worksheets, checklists and identify new documents to create. Assume s initially one iteration and one (1) round of comments and updates.

Task 5 – Permit Application Technical Support

Create a video summarizing the Energy Reach Code & Electrification Topic Areas. Create technical content, audio voiceover, and editing for a 5- minute compliance video summarizing the Energy Reach Code, sustainable, and electrification related permit processes.

Launch Web Page, Video & News Release. Launch program webpage as developed in Task 2. Work with City Staff to incorporate content, upload guideline, video, and contact info. Provide News Release content for email blasting announcing the new regulation.

Energy Reach Code "Green Carpet Service" Technical Support via Phone, Email, and Virtual Counter. Provide initial technical support to building permit applicants and City Staff by phone, email, and virtual counter support services. Assumes an average of 2- 3 hours a week of program support and assumes 2 hours of scheduled "v irtual counter hours" each week for the first three months of the program. Deliver a monthly inquiry log that summarizes program activities.

Task 6 - Electrical Capacity Study

Develop hourly profiles for mixed fuel and all -electric buildings to represent the major building types within Foster City. Both residential and non- residential building types will be evaluated up to five total. Consultant will use standard prototypes developed for other purposes, such as state and local code development. Electric vehicles will be accounted for.

Calculate the increase in load going from the status quo to fully electrified for each building type. Estimate the impact across the existing building stock on a neighborhood basis.

Consultant will work with Foster City staf f to segment the city into neighborhood regions that reflect the existing capacity considerations of Foster City.

173
6 Review the capacity of the existing utility infrastructure and estimate how much additional distribution capacity is required to support a fully electrified city. This will be evaluated at the neighborhood level as determined under item 2 above as well as at the city-level.

Provide a report and/or presentation to city staff summarizing the results of the study.

Provide Background calculations and spreadsheets as requested by the City of Foster City.

III. PROJECT BUDGET

Contract will be on a Not to Exceed time and material basis for labor and travel per diem expenses. All tasks within the enclosed Scope of Work shall be included within the proposal’s fee schedule and itemized according to duration and total hours for each task.

Provide a complete description of the expected expenditure of funds for the proposed work. The cost detail should include a breakdown of expenses by task and key personnel.

The cost proposal should also include options for reducing or adding services. All costs should reflect not to exceed amounts per task.

IV. PROPOSAL REQUIREMENTS

All proposals submitted to the City must contain the following minimum information:

A. A cover letter with contact information.
a. A description and statement of the firm’s qualifications for this project, as well as those of any subconsultants.

B. Project team
a. Organizational chart of the project team.
b. Names, qualifications and resumes of all project team members who will directly participate in the project.

C. A detailed statement regarding each of the following items:
a. A statement of overall problem/task as viewed by the firm. b. An explanation of the general approach to the project, and any suggested modifications to the project tasks.
c. A proposed work plan including a step- by-step breakdown of the tasks to be carried out, with estimates of personnel time allotted for each task. d. A project schedule indicating the proposed timeframe in which specific tasks will be completed, including major milestones.
e. A rate schedule by position, including an explanation of the basis for billing. f. Any proposed program components as perceived necessary by the consultant based upon understanding of the RFP, but not necessarily stated within.
g. Other pertinent information deemed appropriate by the firm. h. A minimum of three (3) references, fro m within the past five (5) years, for which the consultant has provided consulting services (preferably of a project similar to the one that is the subject of this RFP), including address and telephone number of each, identifying a contact person with whom the 174
7 firm has provided similar services, and including a description of projects completed.

V. EVALUATION CRITERIA

All proposals will be evaluated using the following criteria:

A. Quality and completeness of proposal
B. Quality of the proposed services to be provided
C. Ability and experience of team members assigned to work on the project D. Technical experience in performing work of a closely similar nature E. Methodology and work program, including knowledge of local needs and the ability to work closely with City staff, the project team, Planning Commission and City Council
F. Consultant availability, including ability to attend and make presentations at public, committee, and staff-level work meetings
G. Creativity and insight of proposal
H. Timing of work program and ability to perform the work within the time specified I. Project cost
J. Ability to produce high-quality and easy-to-read graphic information

A. EVALUATION PROCEDURE

Evaluation of the proposals will be performed by City staff who will assess the qualifications, experience and ability to perform the work of each consultant based on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the City. At the time of the interview, representatives of the consulting firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal.

The City of Foster City Community Development Department will administer the contract.

The decision to accept any proposal shall be made not later than thirty (30) calendar days after the deadline for proposals to be submitted. Consultants whose proposals have not been accepted shall be so notified.

B. GENERAL INFORMATION FOR PROPOSALS

 The prospective property management firm shall submit one (1) soft (digital) copy by email of its proposal to the City not later than September 19, 2022 at 5:00 P.M.*
 Any questions related to the project and/or this RFP shall be directed to Martin Cooper, Chief Building Official by email to
[email protected]
so that it is received not later than 5:00 P.M. on
Monday September 19, 2022.
 The proposal shall be signed by an authorized official of the firm.  All costs incurred in the preparation of the proposal shall be the sole 175
8 responsibility of the consultant.
 The City reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification.  If awarded a contract, the consultant shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.
 The terms and scope of the contract shall be arranged on the basis of professional negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City may then renegotiate with any other consultant.  The consultant will comply with access of records, conflict of interest, and other provisions as required.

C. TERMS AND CONDITIONS

Issuance of this RFP does not commit the City to award a contract for services or to pay any costs incurred in the preparation of a response to this request. The City retains the right to reject any and all submittals. Once submitted, the proposals become the property of the City.

The consultant selected to perform the scope of services described in this RFP will be required to obtain a Foster City Business License. For more information regarding the Business License process, or to obtain a Business License application packet, please visit the City’s Business License webpage at:
https://www.fostercity.org/finance/page/business-license-application .

Exhibit A: Standard Professional Services Agreement

176

Reach Code Consultant Services Updated 1/18/2022 1

PROFESSIONAL SERVICES AGREEMENT
FOR

REACH CODE CONSULTANT SERVICES

This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter cal led "CITY " and ____________________ hereinafter called "CONSULTANT".

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

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

Reach Code Consultant Services Updated 1/18/2022 2

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 bill ed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

Reach Code Consultant Services Updated 1/18/2022 3

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

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

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

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

Reach Code Consultant Services Updated 1/18/2022 4

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

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

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Reach Code Consultant Services Updated 1/18/2022 5

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, 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.

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.

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 181

Reach Code Consultant Services Updated 1/18/2022 6

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

15. Notice. All notices required by this Agreement shall be given to the 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: Martin Cooper

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

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

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

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

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

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

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

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

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

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[For consideration if applicable:] Any Force Majeure event with a duration in excess of [ TBD by Owner —recommend not less than 30] days enti tles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

CITY OF FOSTER CITY

Dated: _________________________________ Richa Awasthi, Mayor

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
[ENTER PROJECT TITLE]

[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

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 CITY has developed a general scope of work as described below.

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

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

1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

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

2.1 SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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EXHIBIT C

INSURANCE FORMS

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

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 applicab le 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

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liab ility 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 SERVIC E 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

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

2. City as Additional Insured

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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Reach Code Consultant Services Updated 1/18/2022 16 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.

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 Consult ant’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, official s, 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, outsid e, 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.

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

ATTACHED

1. Insurance Coverage Form

EXHIBIT C
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Reach Code Consultant Services Updated 1/18/2022 17 This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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.

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

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ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

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

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.

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 195

Reach Code Consultant Services Updated 1/18/2022 20 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.

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.

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]

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Reach Code Consultant Services Updated 1/18/2022 21 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
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DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Jennifer Phan, Deputy City Manager
Kevin Ortiz, Management Coordinator

SUBJECT: PROPOSED AMENDMENT TO THE ECONOMIC

DEVELOPMENT/SUSTAINABILITY SUBCOMMITTEE MEETING
SCHEDULE TO BIMONTHLY, THE THIRD THURSDAY AT 5:00
P.M., PURSUANT TO THE CITY COUNCIL SUBCOMMITTEES
POLICY

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution amending the Economic Development/Sustainability Subcommittee Meeting Schedule to be held bimonthly, on the third Thursday at 5:00 P.M., pursuant to the City Council Subcommittees Policy.

EXECUTIVE SUMMARY

At the July 19, 2021 City Council meeting, the City Council adopted Resolution No. 2021-112, which established the City of Foster City City Council Subcommittees Policy (Attachment 2) to provide prescriptive guidelines for City Council Subcommittees. Per the established City Council Subcommittees Policy, Standing and Ad Hoc Subcommittees may be created and dissolved at the discretion of the City Council to address ongoing and/or specific policy initiatives of the City, on an as-needed basis, to provide input and recommendations. Subcommittees are to return to the full City Council with recommendations for action.
198

As indicated in the City Council Subcommittee Purpose/Mission Statements and Schedules (Attachment 3), the Economic Development/Sustainability Subcommittee is an established City Council Standing Subcommittee. City Council Standing Subcommittee meetings are public meetings conducted in compliance with the Ralph M. Brown Act. Currently, the Economic Development/Sustainability Subcommittee is scheduled to convene bimonthly on the third Thursday at 9:00 A.M.

To ensure the regular standing meetings are accessible to all meeting attendees, including Subcommittee members, staff liaisons, and the public, it is recommended that the City Council approve the proposed amendment to the Economic Development/Sustainability Subcommittee Meeting Schedule to bimonthly, the third Thursday at 5:00 P.M., pursuant to the City Council Subcommittees Policy.

BACKGROUND/ANALYSIS

At the July 21, 2022 Economic Development/Sustainability Subcommittee Special Meeting, the Subcommittee considered an agenda item that proposed an amendment to the Subcommittee Meeting Schedule, including the meeting date and/or time. Specifically, the item was being considered in light of the recent cancellations of the Subcommittee Regular meetings that occur at 9:00 A.M. (each of the Regular meetings in 2022 have been cancelled and a Special meeting has been called instead, which have typically taken place at a later time in the afternoon). After discussion, the Subcommittee recommended that meetings be conducted bimonthly, on the third Thursday at 5:00 P.M., to ensure accessibility and availability of Subcommittee members, staff liaisons, and the public to attend the meetings.

Per the City Council Subcommittees Policy, a Standing Subcommittee is comprised of no more than two (2) Councilmembers and is supported by the appropriate City Department Head or other staff member(s) designated by the City Manager as the staff liaison(s). The Economic
Development/Sustainability Subcommittee consists of two Councilmembers (Attachment 4) and requires both Councilmembers to be present to establish a quorum and be able to conduct the meeting. If no quorum is established, the meeting must be cancelled. The City Manager Department staff is designated as the staff liaisons to the Economic Development/Sustainability Subcommittee. In addition, the public is invited to attend the meetings, which 199
are conducted in hybrid format, both in-person at the City Council Chambers Conference Room and virtually via Zoom (in accordance with the Ralph M.

Brown Act, as amended by AB 361). The public also has the opportunity to provide public comments in writing prior to the meeting or verbally during the meeting. Public input and participation during Subcommittee meetings is encouraged to assist the Subcommittee with developing program and policy recommendations for full City Council consideration at City Council Meetings.

While the Subcommittee continues to establish a quorum and hold bimonthly meetings, the preparation for the Subcommittee meetings (i.e. appropriate noticing and preparing an agenda in compliance with the Ralph M. Brown Act, preparing staff reports/memos and supplemental informational materials, which may include coordination with internal City departments or external consultants, etc.) is currently operationally inefficient as additional staff time is required and expended to cancel the regular meetings with appropriate noticing and subsequently prepare a meeting agenda to call a special meeting. In addition, while the noticing and agenda are posted in compliance with the Brown Act, the regular meeting cancellation and subsequent calling of a special meeting, which results in the change of meeting date and/or time, may not be the most effective communication to the public in order to provide them with the opportunity to attend and participate in the meetings.

Therefore, the City Council should consider amending the Economic Development/Sustainability Subcommittee Schedule to convene meetings later in the afternoon at 5:00 P.M. This would ensure greater accessibility to Subcommittee members (both Councilmembers must be present to establish a quorum to conduct the meeting) and the public. In addition, staff liaisons would be able to support the Subcommittee more effectively by preparing the required meeting materials, including noticing, for a set meeting date/time.

FISCAL IMPACT

There is no fiscal impact associated with this item.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

As stated in its Mission Statement, the Economic Development/Sustainability Subcommittee is tasked with refining and making recommendations on the City’s long-term economic development strategy and sustainability goals, with 200
the objective of nurturing economic vitality and the health and well-being of the environment.

Therefore, this requested action is in alignment with the City Council’s Vision and Mission to “create a sustainable Foster City through inclusive actions to enhance our quality of place for current and future generations.” Furthermore, this item aligns with key strategic Value/Priority Areas, including “City Council Operations and Improved Community Engagement,” “Innovation and Sustainability,” and “Smart Planning, Development, and the Local Economy,” in that it seeks to improve accessibility to public meetings to encourage the public to engage with the Subcommittee on economic development and sustainability matters that impact the Foster City community.

Attachments:
 Attachment 1 – Resolution
 Attachment 2 – City Council Subcommittees Policy
 Attachment 3 – City Council Subcommittees: Purpose/Mission Statements and Schedules
 Attachment 4 – City Council Liaisons List
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RESOLUTION NO. _____

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

THE ECONOMIC DEVELOPMENT/SUSTAINABILITY SUBCOMMITTEE MEETING SCHEDULE TO BIMONTHLY, THE THIRD THURSDAY AT 5:00 P.M., PURSUANT TO

THE CITY COUNCIL SUBCOMMITTEES POLICY

CITY OF FOSTER CITY
WHEREAS, the Economic Development/Sustainability Subcommittee is an established City Council Standing Subcommittee in accordance with the City Council Subcommittees Policy; and
WHEREAS, Economic Development/Sustainability Subcommittee meetings have been held bimonthly, on the third Thursday at 9:00 A.M.; and WHEREAS, at the July 21, 2022 Economic Development/Sustainability Subcommittee Special Meeting, the Subcommittee recommended that meetings be conducted bimonthly, on the third Thursday at 5:00 P.M., to ensure accessibility for Subcommittee members, staff liaisons, and the public to attend the meetings.

NOW, THEREFORE, BE IT RESOLVED that the Economic
Development/Sustainability Subcommittee Meeting Schedule is hereby amended, effective September 1, 2022, as follows:
"Meetings Frequency/Schedule: Regular meetings of this Subcommittee shall be held bimonthly, on the 3rd Thursday at 5:00pm, in the Conference Room, City Council Chambers, 620 Foster City Boulevard, Foster City, CA.” PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________

RICHA AWASTHI, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK
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Foster City City CouncilAugust 15, 2022

Foster City City Council
August 15, 2022