146
Attachment 2
CAPITAL ASSETS/ AVAILABLE
TOTAL ACTUAL ACTUAL TOTAL NON-SPENDABLE/ (UNRESTRICTED) FUND FY 2022-23 FY 2022-23 FUND RESTRICTED/ FUND
BALANCE REVENUES EXPENDITURES TRANSFERS TRANSFERS BALANCE COMMITTED/ BALANCE AS OF 7/1/2022 3 MONTHS 3 MONTHS IN OUT AS OF 9/30/22 ASSIGNED* AS OF 9/30/22*
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CHANGE IN FUND BALANCES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022
230 LEVEE DEBT SERVICE FUND 7,667,620$ 16,557 $ (5,198,056)$ - $ - $ 2,486,121$ - $ 2,486,121$
CAPITAL PROJECTS FUNDS
301 CIP PROJECTS-CITY 78,363,094 $ 338,206 $ (185,230) $ 4,627,946 $ 83,144,016 $ (66,406,485) $ 16,737,531 $ 326 CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND 8,056,572$ 343,360 $ (7,015,009)$ - $ 1,384,923$ - $ 1,384,923$ 327 LEVEE PROJECT FUND 22,387,921$ 206,663 $ (5,994,736)$ 16,599,848 $ (16,516,536) $ 83,312 $ TOTAL CAPITAL PROJECTS FUNDS 108,807,587 $ 888,229 $ (13,194,975)$ 4,627,946 $ - $ 101,128,787$ (82,923,021) $ 18,205,766 $
ENTERPRISE FUNDS
401 WATER REVENUE 8,866,734 $ 2,988,787 $ (3,334,517) $ - $ (2,500,000)$ 6,021,004 $ (792,237) $ 5,228,767 $ 405 CIP-WATER 26,669,945 $ - $ (71,392)$ 2,500,000$ - $ 29,098,553$ (26,524,868) $ 2,573,685 $ 408 WATER EQUIPMENT REPLACEMENT 3,907,548 $ 127,609 $ (16,630) $ - $ - $ 4,018,527$ (167,481) $ 3,851,046 $ 409 WATER CONNECTION FEES 1,125,686 $ 4,128 $ - $ - $ - $ 1,129,814$ - $ 1,129,814$ 451 WASTEWATER REVENUE 21,852,955 $ 2,792,882 $ (1,240,520) $ 7,439 $ (10,472,250)$ 12,940,506 $ 12,940,506 $ 453 WASTEWATER RATE STABLIZATION 2,000,000 $ - $ - $ 2,084,250$ (2,084,250) $ 2,000,000 $ - $ 2,000,000$ 454 SM-FC PUBLIC FINANCING AUTHORITY LOAN (39,284,316) $ - $ (1,334,250)$ 2,084,250 $ - $ (38,534,316)$ - $ (38,534,316)$ 455 CIP-WASTEWATER 122,118,883 $ - $ (4,233,904)$ 16,319,495 $ (7,439) $ 134,197,035$ (89,302,039) $ 44,894,996 $ 456 WASTEWATER PLANT EXPANSION - $ 2,715$ - $ - $ - $ 2,715$ - $ 2,715$ 458 WASTEWATER EQUIPMENT REPLACEMENT 3,908,836 $ 66,532 $ (10,155) $ - $ - $ 3,965,213$ (1,562,956) $ 2,402,257 $ 459 WASTEWATER NOTES/WIFIA LOAN (31,027,890) $ 718 $ (1,570,920)$ 3,138,000 $ (11,069,495)$ (40,529,587) $ - $ (40,529,587)$ 460 WASTEWATER CONNECTION FEES 329,365 $ 1,208 $ - $ - $ - $ 330,573$ - $ 330,573$ 461 STATE REVOLVING LOAN FUND - $ - $ - $ - $ - $ - $ - $ - $ TOTAL ENTERPRISE FUNDS 120,467,746 $ 5,984,579 $ (11,812,288)$ 26,133,434 $ (26,133,434) $ 114,640,037 $ (118,349,581) $ (3,709,544) $
INTERNAL SERVICE FUNDS
501 VEHICLE RENTAL FUND 6,934,168 $ 459,261 $ (325,256) $ - $ (327,946)$ 6,740,227 $ (1,471,495) $ 5,268,732 $ 502 EQUIPMENT REPLACEMENT FUND 8,623,310 $ 135,195 $ (44,651) $ - $ - $ 8,713,854$ (2,481,261) $ 6,232,593 $ 503 SELF INSURANCE FUND 984,847 $ 299,256 $ (1,059,115)$ - $ - $ 224,988$ - $ 224,988$ 504 INFORMATION TECHNOLOGY 5,110,489 $ 646,539 $ (692,347) $ - $ - $ 5,064,681$ - $ 5,064,681$ 505 BUILDING MAINTENANCE 7,252,688 $ 882,025 $ (542,892) $ - $ (800,000)$ 6,791,821 $ - $ 6,791,821$ 507 LONGEVITY RECOGNITION PLAN 2,544,682 $ 66,682 $ (48,798) $ - $ - $ 2,562,566$ - $ 2,562,566$ 508 PEMHCA FUND 6,077,496 $ 77,480 $ (47,438) $ - $ - $ 6,107,538$ - $ 6,107,538$ 509 COMPENSATED ABSENCES FUND 3,274,994 $ 152,843 $ (158,888) $ - $ - $ 3,268,949$ - $ 3,268,949$ TOTAL INTERNAL SERVICE FUNDS 40,802,674 $ 2,719,281 $ (2,919,385) $ - $ (1,127,946)$ 39,474,624 $ (3,952,756) $ 35,521,868 $
FIDUCIARY FUND
604 SUCCESSOR AGENCY (791,465) $ 496 $ - $ - $ - $ (790,969)$ - $ (790,969)$ 607 TOURISM ASSESSMENT - $ - $ - $ - $ - $ - $ - $ - $ 608 SMC FIRE (1,235)$ 26,204 $ (6,325) $ - $ - $ 18,644$ - $ 18,644$ TOTAL CITY / EMID FUNDS 342,748,354 $ 19,442,083 $ (54,260,309) $ 30,811,380 $ (30,811,380) $ 307,930,128 $ (211,864,125) $ 96,066,003 $ -$
* Available Balance excludes Capital Assets and Non-Spendable, Restricted, Committed, and/or Assigned Funds, including Prepayments, Inventory, Garbage Stabilization Reserve, unrealized investment gains, and unspent funds for previously approved CIP projects.
147
Attachment 3
FY 2022-23 ACTUAL ACTUAL ACTUAL YR OVER YR % OF BUDGET % OF BUDGET ABOVE (BELOW) FY 2022-23 FY 2021-22 FY 2020-21 FAVORABLE % FY 2022-23 FY 2021-22 ADOPTED ANNUAL BUDGET 3 MONTHS 3 MONTHS 3 MONTHS (UNFAVORABLE) INCREASE 3 MONTHS 3 MONTHS Fund BUDGET PROJECTED $ % AS OF 9/30/2022 AS OF 9/30/2021 AS OF 9/30/2020 VARIANCE (DECREASE) AS OF 9/30/2022 AS OF 9/30/2021 GENERAL FUND (FUNDS 001-003)
002 PROPERTY TAXES
SECURED 30,806,100$ 30,806,100 $ - $ - - $ - $ - - - UNSECURED 1,304,000 $ 1,304,000 $ - $ - - $ - $ - - - SUPPLEMENTAL 730,600 $ 730,600 $ - $ - 106,221 $ 13,695 $ 83,076 $ 92,526 $ 675.6% 14.5% 3.0% ERAF 1,526,800$ 1,526,800 $ - $ - - $ 282,805$ - $ - - - 002 PROPERTY TAXES (1) 34,367,500$ 34,367,500 $ - $ - 106,221 $ 13,695 $ 365,881 $ 92,526 $ 675.6% 0.3% 0.0% 001 PROPERTY TAX IN-LIEU OF VEHICLE LICENSE FEE (1) 4,578,800 $ 4,578,800 $ - $ - 2,014,690 $ 2,313 $ - $ 2,012,377$ 87002.9% 44.0% 0.1% 001 OTHER TAXES
SALES AND USE 3,172,000 $ 3,172,000 $ - $ - 246,926 $ 251,295 $ 432,182 $ (4,369) $ (1.7%) 7.8% 8.2% TRANSIENT OCCUPANCY 2,460,100 $ 2,460,100 $ - $ - 489,295 $ 277,112 $ 128,393 $ 212,183 $ 76.6% 19.9% 16.1% FRANCHISE 1,259,700 $ 1,259,700 $ - $ - 54,234 $ 50,059 $ 48,224 $ 4,175 $ 8.3% 4.3% 4.1% REAL PROPERTY TRANSFER 304,900 $ 304,900 $ - $ - 20,820 $ 62,331 $ 20,768 $ (41,511) $ (66.6%) 6.8% 22.3% SUBTOTAL 7,196,700 $ 7,196,700 $ - $ - 811,275 $ 640,797 $ 629,567 $ 170,478 $ 26.6% 11.3% 10.1% 001 LICENSES & PERMITS
BUSINESS LICENSES 1,481,100 $ 1,481,100 $ - $ - 89,626 $ 26,760 $ 45,857 $ 62,866 $ 234.9% 6.1% 1.8% PERMITS 1,881,524$ 1,881,524 $ - $ - 356,948 $ 618,760 $ 414,091 $ (261,812) $ (42.3%) 19.0% 73.2% SUBTOTAL 3,362,624 $ 3,362,624 $ - $ - 446,574 $ 645,520 $ 459,948 $ (198,946) $ (30.8%) 13.3% 28.1% 001 INTERGOVERNMENTAL
GRANTS, REIMBURSEMENTS, ARPA (POST, SB 90, GRANTS) 4,085,520 $ 4,085,520 $ - $ - 4,054,920 $ 4,062,909 $ 204,824 $ (7,989) $ (0.2%) 99.3% 99.5% 002 HOMEOWNERS PROPERTY TAX RELIEF 100,000 $ 100,000 $ - $ - - $ - $ - $ - $ - - - SUBTOTAL 4,185,520 $ 4,185,520 $ - $ - 4,054,920 $ 4,062,909 $ 204,824 $ (7,989) $ (0.2%) 96.9% 97.1%
CHARGES FOR CURRENT SERVICES
001 SERVICE FEES 329,853 $ 329,853 $ - $ - 107,905 $ 209,036 $ 105,847 $ (101,131) $ (48.4%) 32.7% 40.0% 003 RECREATION AND LEISURE 1,236,508 $ 1,236,508 $ - $ - 610,419 $ 386,793 $ 148,531 $ 223,626 $ 57.8% 49.4% 33.5% SUBTOTAL 1,566,361 $ 1,566,361 $ - $ - 718,324 $ 595,829 $ 254,378 $ 122,495 $ 20.6% 45.9% 35.6% 001 FINES & FORFEITURES 14,400$ 14,400 $ - $ - 4,926 $ 2,767 $ 820 $ 2,159 $ 78.0% 34.2% 9.5%
INTEREST AND RENTALS
INTEREST (2) 513,100 $ 1,000,000 $ 486,900 $ 94.9% 147,176 $ 36,658 $ 106,599 $ 110,518 $ 301.5% 28.7% 19.7% RENTS & CONCESSIONS 895,691 $ 895,691 $ - $ - 366,126 $ 349,215 $ 211,246 $ 16,911 $ 4.8% 40.9% 39.5% SUBTOTAL 1,408,791 $ 1,895,691 $ 486,900 $ 34.6% 513,302 $ 385,873 $ 317,845 $ 127,429 $ 33.0% 36.4% 20.4% OTHER REVENUES 356,100$ 356,100 $ - $ - 75,686 $ 84,791 $ 187,284 $ (9,105) $ (10.7%) 21.3% 13.3% TOTAL GENERAL FUND (FUNDS 001-003) 57,036,796 $ 57,523,696 $ 486,900 $ 0.9% 8,745,918 $ 6,434,494 $ 2,420,547 $ 2,311,424 $ 35.9% 15.3% 12.2% 005 GENERAL FUND - COMMUNITY BENEFITS PROGRAM (2) 1,500$ 18,000 $ 16,500 $ 1100.0% 4,565 $ 59,902 $ 3,616 $ (55,337) $ (92.4%) 304.3% 92.7% 006 GENERAL FUND - DARE (2) 10$ 40 $ 30 $ 300.0% 11 $ 2 $ 6 $ 9 $ 450.0% 110.0% 20.0% 007 GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM (2) 200$ 1,080 $ 880 $ 440.0% 269 $ 67 $ 233 $ 202 $ 301.5% 134.5% 33.5% 008 GENERAL FUND - RENTAL ASSISTANCE (2) 200$ 880 $ 680 $ 340.0% 220 $ 47 $ 143 $ 173 $ 368.1% 110.0% 23.5% 009 GENERAL FUND - ASSET SEIZURE 1,100$ 1,100 $ - $ - 83 $ 18 $ 7,488$ 65 $ 361.1% 7.5% 1.6% 010 GENERAL FUND - PENSION STABILIZATION FUND (2) 400$ 1,360 $ 960 $ 240.0% 336 $ 72 $ 8,474$ 264 $ 366.7% 84.0% 28.8% 011 GENERAL FUND - FACILITIES REPLACEMENT (2) 10,500$ 35,280 $ 24,780 $ 236.0% 8,811 $ 1,897 $ 5,733 $ 6,914 $ 364.5% 83.9% 22.1% 012 SUSTAINABLE FOSTER CITY (2) 1,100$ 3,120 $ 2,020 $ 183.6% 777 $ 201 $ 548 $ 576 $ 286.6% 70.6% 25.1% TOTAL ALL GENERAL FUND (FUNDS 001-011) 57,051,806 $ 57,584,556 $ 532,750 $ 0.9% 8,760,990 $ 6,496,700 $ 2,446,788 $ 2,264,290 $ 34.9% 15.4% 12.4%
SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY 60,000 $ 60,000 $ - $ - 3,692 $ 5,868 $ 2,519 $ (2,176) $ (37.1%) 6.2% 9.8% 102 MEASURE "A" 761,400 $ 761,400 $ - $ - 187,700 $ 165,459 $ 125,881 $ 22,241 $ 13.4% 24.7% 23.0% 103 GAS TAX 828,100$ 828,100 $ - $ - 164,318 $ 229,707 $ 206,402 $ (65,389) $ (28.5%) 19.8% 26.9% 104 PARK-IN-LIEU FEES (2) 12,400 $ 41,600 $ 29,200 $ 235.5% 10,335 $ 2,225 $ 6,725 $ 8,110 $ 364.5% 83.3% 26.5% 105 MEASURE "M" 109,500 $ 109,500 $ - $ - - $ - $ - $ - $ - - - 108 SLESF/COPS GRANT 100,000 $ 100,000 $ - $ - - $ - $ - $ - $ - - - 114 CALOPPS 413,600$ 413,600 $ - $ - 349,686 $ 318,873 $ 316,243 $ 30,813 $ 9.7% 84.5% 72.2% 116 FOSTER CITY FOUNDATION 37,681 $ 37,681 $ - $ - 8,000 $ 400 $ 3,454$ 7,600 $ 1900.0% 21.2% 1.2% 119 SB 1 ROAD MAINTENANCE AND REHAB 641,900 $ 641,900 $ - $ - 66,356 $ 56,506 $ 51,419 $ 9,850 $ 17.4% 10.3% 9.0% 122 HOUSING SUCCESSOR-LMIHF 99,300 $ 99,300 $ - $ - 25,417 $ 95,888 $ 18,904 $ (70,471) $ (73.5%) 25.6% 43.6% 124 FC AFFORDABLE HOUSING FUND 29,000 $ 29,000 $ - $ - 1,893 $ 26,911 $ 2,211 $ (25,018) $ (93.0%) 6.5% 4.0% 125 SUSTAINABLE FOSTER CITY FUND (MOVED TO FUND 012) - $ - $ - $ - - $ - $ - $ - $ - - - 127 BAERS (PROGRAM WAS CLOSED OUT IN FY 2020-21) - $ - $ - $ - - $ - $ - $ - $ - - - 128 GENERAL PLAN MAINTENANCE 310,000 $ 310,000 $ - $ - 145,804 $ 50,531 $ 37,960 $ 95,273 $ 188.5% 47.0% 25.6%
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL REVENUES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022
148
Attachment 3
FY 2022-23 ACTUAL ACTUAL ACTUAL YR OVER YR % OF BUDGET % OF BUDGET ABOVE (BELOW) FY 2022-23 FY 2021-22 FY 2020-21 FAVORABLE % FY 2022-23 FY 2021-22 ADOPTED ANNUAL BUDGET 3 MONTHS 3 MONTHS 3 MONTHS (UNFAVORABLE) INCREASE 3 MONTHS 3 MONTHS Fund BUDGET PROJECTED $ % AS OF 9/30/2022 AS OF 9/30/2021 AS OF 9/30/2020 VARIANCE (DECREASE) AS OF 9/30/2022 AS OF 9/30/2021
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL REVENUES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022
129 CONSTRUCTION AND DEMO RECYCLING 54,200 $ 54,200 $ - $ - 4,986 $ 9,781 $ 19,111 $ (4,795) $ (49.0%) 9.2% 18.4% 130 TECHNOLOGY MAINTENANCE 203,065 $ 203,065 $ - $ - 17,275 $ 20,629 $ 12,686 $ (3,354) $ (16.3%) 8.5% 19.0% 131 SB 1186 4,150$ 4,150 $ - $ - 119 $ 615 $ 582 $ (496) $ (80.7%) 2.9% 15.0% 132 SMIP FEE 1,130$ 1,130 $ - $ - 19 $ 206 $ 9 $ (187) $ (90.8%) 1.7% 18.6% 133 CRV GRANT FUND 8,560 $ 8,560 $ - $ - 33 $ 10 $ 26 $ 23 $ 230.0% 0.4% 0.1% 134 CURBSIDE RECLYCLING 20,500 $ 20,500 $ - $ - 799 $ 160 $ 485 $ 639 $ 399.4% 3.9% 0.8% 135 GREEN BUILDING FEE 730 $ 730 $ - $ - 30 $ 157 $ 109 $ (127) $ (80.9%) 4.1% 21.8% 136 MEASURE W 354,500$ 354,500 $ - $ - 34,375 $ 27,621 $ 32,649 $ 6,754 $ 24.5% 9.7% 8.7% 137 COMMERCIAL LINKAGE FEE 816,869 $ 816,869 $ - $ - 2,096 $ 451 $ - $ 1,645$ 364.7% 0.3% 30.1% 138 TENANT RELOCATION ASSISTANCE 51,790 $ 51,790 $ - $ - 834 $ 76 $ - $ 758 $ 997.4% 1.6% 0.1% 139 WORKFORCE HOUSING 677,458 $ 677,458 $ - $ - 16,293 $ - $ - $ 16,293$ - 2.4% - 140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING 22,000 $ 22,000 $ - $ - 5,513 $ - $ - $ 5,513$ - 25.1% - 141 SB1383 IMPLEMENTATION - $ 700$ 700 $ - 174 $ - $ - $ 174 $ - - - TOTAL SPECIAL REVENUE FUNDS 5,617,833 $ 5,647,733 $ 29,900 $ 0.5% 1,045,747 $ 1,012,074 $ 837,375 $ 33,673 $ 3.3% 18.6% 21.0% 230 LEVEE DEBT SERVICE FUND 3,932,650$ 3,932,650 $ - $ - 16,557 $ 5,114 $ 6,633,156$ 11,443 $ 223.8% 0.4% 0.1%
CAPITAL PROJECTS FUNDS
301 CIP PROJECTS-CITY (2) 151,250 $ 1,335,250 $ 1,184,000 $ 782.8% 338,206 $ 28,121 $ 270,201 $ 310,085 $ 1102.7% 223.6% 9.9% 326 CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND 1,116,000$ 1,116,000 $ - $ - 343,360 $ 312,433 $ 379,877 $ 30,927 $ 9.9% 30.8% 24.6% 327 LEVEE PROJECT FUND 20,000$ 415,000 $ 395,000 $ 1975.0% 206,663 $ 31,741 $ 84,916,198$ 174,922 $ 551.1% 1033.3% 35.3% TOTAL CAPITAL PROJECTS FUNDS 1,287,250 $ 2,866,250 $ 1,579,000 $ 122.7% 888,229 $ 372,295 $ 85,566,276$ 515,934 $ 138.6% 69.0% 22.7%
ENTERPRISE FUNDS
401 WATER REVENUE (3) 18,080,000 $ 16,349,000 $ (1,731,000) $ (9.6%) 2,988,787 $ 3,093,617 $ 3,034,681 $ (104,830) $ (3.4%) 16.5% 17.4% 405 WATER CIP -$ - $ - $ - - $ 300$ - $ (300)$ (100.0%) - - 408 WATER EQUIPMENT REPLACEMENT 510,436 $ 510,436 $ - $ - 127,609 $ 158,383 $ 110,992 $ (30,774) $ (19.4%) 25.0% 25.0% 409 WATER CONNECTION FEES 497,855 $ 497,855 $ - $ - 4,128 $ - $ - $ 4,128$ - 0.8% - 451 WASTEWATER REVENUE 20,007,000 $ 20,007,000 $ - $ - 2,792,882 $ 2,348,161 $ 1,961,712 $ 444,721 $ 18.9% 14.0% 13.3% 453 WASTEWATER RATE STABILIZATION - $ - $ - $ - - $ - $ - $ - $ - - - 454 SM-FC PUBLIC FINANCING AUTHORITY LOAN - $ - $ - $ - - $ 44$ 278 $ (44) $ (100.0%) - 44.0% 455 WASTEWATER CIP -$ - $ - $ - - $ - $ 11,027$ - $ - - - 456 WASTEWATER PLANT EXPANSION 636 $ 2,800 $ 2,164 $ 340.3% 2,715 $ 1,083 $ 948 $ 1,632 $ 150.7% 426.9% 20.1% 458 WASTEWATER EQUIPMENT REPLACEMENT 266,126 $ 266,126 $ - $ - 66,532 $ 63,671 $ 67,336 $ 2,861 $ 4.5% 25.0% 25.0% 459 WASTEWATER NOTES/WIFIA LOAN/SRF LOAN - $ - $ - $ - 718 $ 2,380$ - $ (1,662)$ (69.8%) - 0.0% 460 WASTEWATER CONNECTION FEES 1,200,496 $ 1,200,496 $ - $ - 1,208 $ - $ - $ 1,208$ - 0.1% - 461 STATE REVOLVING LOAN FUND - $ - $ - $ - - $ - $ - $ - $ - - - TOTAL ENTERPRISE FUNDS 40,562,549 $ 38,833,713 $ (1,728,836) $ (4.3%) 5,984,579 $ 5,667,639 $ 5,186,974 $ 316,940 $ 5.6% 14.8% 4.1%
INTERNAL SERVICE FUNDS
501 VEHICLE RENTAL FUND 1,772,634 $ 1,772,634 $ - $ - 459,261 $ 444,478 $ 424,825 $ 14,783 $ 3.3% 25.9% 24.7% 502 EQUIPMENT REPLACEMENT FUND 471,688 $ 471,688 $ - $ - 135,195 $ 173,311 $ 144,197 $ (38,116) $ (22.0%) 28.7% 24.9% 503 SELF INSURANCE FUND 1,237,329 $ 1,237,329 $ - $ - 299,256 $ 123,338 $ 135,067 $ 175,918 $ 142.6% 24.2% 21.1% 504 INFORMATION TECHNOLOGY 2,539,669 $ 2,539,669 $ - $ - 646,539 $ 616,172 $ 546,238 $ 30,367 $ 4.9% 25.5% 25.8% 505 BUILDING MAINTENANCE 3,439,966 $ 3,439,966 $ - $ - 882,025 $ 851,939 $ 842,878 $ 30,086 $ 3.5% 25.6% 25.0% 507 LONGEVITY RECOGNITION PLAN 254,250 $ 254,250 $ - $ - 66,682 $ 59,311 $ 61,934 $ 7,371 $ 12.4% 26.2% 24.8% 508 PEMHCA FUND 281,126 $ 281,126 $ - $ - 77,480 $ 56,113 $ 63,037 $ 21,367 $ 38.1% 27.6% 24.5% 509 COMPENSATED ABSENCES FUND 594,137 $ 594,137 $ - $ - 152,843 $ 126,083 $ 113,925 $ 26,760 $ 21.2% 25.7% 24.9% TOTAL INTERNAL SERVICE FUNDS 10,590,799 $ 10,590,799 $ - $ - 2,719,281 $ 2,450,745 $ 2,332,101 $ 268,536 $ 11.0% 25.7% 24.9%
FIDUCIARY FUNDS
604 SUCESSOR ANGENCY 281,600 $ 281,600 $ - $ - 496 $ 226 $ 917 $ 270 $ 119.5% 0.2% 0.1% 607 TOURISM ASSESSMENT - $ - $ - $ - - $ 15,314$ - $ (15,314)$ (100.0%) - 17.8% 608 SMC FIRE 220,860$ 220,860 $ - $ - 26,204 $ 34,466 $ - $ (8,262)$ (24.0%) 11.9% 25.0% TOTAL CITY / EMID FUNDS 119,545,347 $ 119,958,161 $ 412,814 $ 0.3% 19,442,083 $ 16,054,573 $ 103,003,587 $ 3,387,510 $ 21.1% 16.3% 7.6% 1 The majority of property tax revenues are distributed by San Mateo County in December and April of each fiscal year. Notwithst anding, the City received $2.01 million in August 2022 from the State to backfill the FY 20/21 Property Tax in lieu of VLF shortfall. 2 With the steep discount rate increase by the Federal Reserve from 0.25% to 4.00% through November 2022, interest income is ant icipate to exceed budgeted estimates 3 Since FYE 22's total water enterprise revenues were 10.6% lower than expected due to reduced consumption as a result of water conservation, anticipated FYE 23 revenues have been recalibrated.
Notes and Explanation of Variances:
149
Attachment 4
ACTUAL ACTUAL ACTUAL INCREASE / % OF BUDGET % OF BUDGET FY 2022-23 FY 2021-22 FY 2020-21 DECREASE / % FY 2022-23 FY 2021-22 AMENDED 3 MONTHS 3 MONTHS 3 MONTHS FROM INCREASE 3 MONTHS 3 MONTHS Fund BUDGET PROJECTED $ % AS OF 9/30/2022 AS OF 9/30/2021 AS OF 9/30/2020 PRIO R YEAR (DECREASE) AS OF 9/30/2022 AS OF 9/30/2021 GENERAL FUND (FUNDS 001-003)
DEPARTMENTS:
COUNCIL/BOARD (1) 517,520$ 517,520 $ - $ 0.0% 290,039 $ 180,891 $ 197,973 $ 109,148 $ 60.3% 56.0% 52.9% CITY MANAGER (1) 2,061,863$ 2,061,863 $ - $ 0.0% 753,321 $ 498,477 $ 316,613 $ 254,844 $ 51.1% 36.5% 44.3% COMMUNICATIONS/CITY CLERK (1) 1,042,891$ 1,042,891 $ - $ 0.0% 383,023 $ 250,804 $ 267,708 $ 132,219 $ 52.7% 36.7% 30.5% CITY ATTORNEY 607,490$ 607,490 $ - $ 0.0% 69,772 $ 93,229 $ 129,846 $ (23,457) $ (25.2%) 11.5% 15.8% HUMAN RESOURCES (1) 742,684$ 742,684 $ - $ 0.0% 224,721 $ 278,376 $ 172,650 $ (53,655) $ (19.3%) 30.3% 36.1% FINANCIAL SERVICES (1) 1,321,478$ 1,321,478 $ - $ 0.0% 373,246 $ 257,399 $ 273,778 $ 115,847 $ 45.0% 28.2% 25.8% PARKS & RECREATION (1) 8,397,573$ 8,397,573 $ - $ 0.0% 3,239,956 $ 3,257,697 $ 2,949,770 $ (17,741) $ (0.5%) 38.6% 39.6% POLICE (1) 16,700,323$ 16,700,323 $ - $ 0.0% 6,824,006 $ 5,936,602 $ 5,320,867 $ 887,404 $ 14.9% 40.9% 38.1% FIRE (2) 11,424,131$ 11,424,131 $ - $ 0.0% 4,955,145 $ 2,650,219 $ 5,715,388 $ 2,304,926 $ 87.0% 43.4% 23.6% COMMUNITY DEVELOPMENT (1) 3,838,638$ 3,838,638 $ - $ 0.0% 1,262,249 $ 1,176,490 $ 1,024,721 $ 85,759 $ 7.3% 32.9% 36.4% PUBLIC WORKS 4,170,821$ 4,170,821 $ - $ 0.0% 998,342 $ 799,269 $ 652,924 $ 199,073 $ 24.9% 23.9% 26.1% LIBRARY 503,744$ 503,744 $ - $ 0.0% 125,936 $ 136,905 $ 125,243 $ (10,969) $ (8.0%) 25.0% 25.0% 001 SUBTOTAL 51,329,156$ 51,329,156 $ - $ - 19,499,756 $ 15,516,358 $ 17,147,481 $ 3,983,398 $ 25.7% 38.0% 33.3% 002 PROPERTY TAX ADMINISTRATION 339,000$ 339,000 $ - $ 0.0% - $ - $ - $ - $ - - - 003 SPECIAL RECREATION 2,144,940$ 2,144,940 $ - $ - 594,216 $ 365,483 $ 373,258 $ 228,733 $ 62.6% 27.7% 20.1% 53,813,096$ 53,813,096 $ - $ - 20,093,972 $ 15,881,841 $ 17,520,739 $ 4,212,131 $ 26.5% 37.3% 32.6% 005 GENERAL FUND - COMMUNITY BENEFITS PROGRAM 520,000$ 520,000 $ - $ 0.0% 29,091 $ 145,209 $ 8,355 $ (116,118) $ (80.0%) 5.6% 16.4% 006 GENERAL FUND - DARE 600$ 600 $ - $ 0.0% - $ - $ - $ - $ - - - 007 GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM 25,000$ 25,000 $ - $ 0.0% 5,000 $ 5,000 $ 1,000 $ - $ 0.0% 20.0% 20.0% 008 GENERAL FUND - RENTAL ASSISTANCE 58,000$ 58,000 $ - $ 0.0% - $ - $ - $ - $ - - - 009 GENERAL FUND - ASSET SEIZURE 22,175$ 22,175 $ - $ 0.0% - $ - $ - $ - $ - - - 010 GENERAL FUND - PENSION STABILIZATION FUND -$ - $ - $ - - $ - $ - $ - $ - - - 011 GENERAL FUND - FACILITIES REPLACEMENT -$ - $ - $ - - $ - $ - $ - $ - - - 012 SUSTAINABLE FOSTER CITY 132,602$ 132,602 $ - $ 0.0% 3,500 $ 34,693 $ 3,644 $ (31,193) $ (89.9%) 2.6% 15.7% TOTAL ALL GENERAL FUND (FUNDS 001-011) 54,571,473$ 54,571,473 $ - $ - 20,131,563$ 16,066,743 $ 17,533,738 $ 4,064,820 $ 25.3% 36.9% 32.2%
SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY 60,000$ 60,000 $ - $ 0.0% 15,000 $ 15,000 $ 20,750 $ - $ 0.0% 25.0% 25.0% 102 MEASURE "A" 1,500,000$ 1,500,000 $ - $ 0.0% - $ - $ 3,748$ - $ - - - 103 GAS TAX 1,407,278$ 1,407,278 $ - $ 0.0% 398,952 $ 138,625 $ 143,975 $ 260,327 $ 187.8% 28.3% 16.4% 104 PARK-IN-LIEU FUND 745,435$ 745,435 $ - $ 0.0% - $ - $ - $ - $ - - - 105 MEASURE "M" 219,300$ 219,300 $ - $ 0.0% - $ - $ - $ - $ - - - 108 SLESF/COPS GRANT 100,000$ 100,000 $ - $ 0.0% - $ - $ - $ - $ - - - 114 CALOPPS 564,135$ 564,135 $ - $ 0.0% 108,068 $ 110,101 $ 116,857 $ (2,033) $ (1.8%) 19.2% 21.1% 116 FOSTER CITY FOUNDATION 33,372$ 33,372 $ - $ 0.0% 1,690 $ 13,785 $ 411 $ (12,095)$ (87.7%) 5.1% 71.1% 119 SB 1 ROAD MAINTENANCE AND REHAB 1,348,850$ 1,348,850 $ - $ 0.0% 359,120 $ 1,631 $ 50 $ 357,489$ 21918.4% 26.6% 0.1% 122 HOUSING SUCCESSOR-LMIHF 136,320$ 136,320 $ - $ 0.0% 17,521 $ 15,142 $ 25,536 $ 2,379 $ 15.7% 12.9% 11.2% 124 FC AFFORDABLE HOUSING FUND 1,043,636$ 1,043,636 $ - $ 0.0% 33,898 $ 12,007 $ - $ 21,891$ 182.3% 3.2% 3.0% 125 -$ - $ - $ - - $ - $ - $ - $ - - - 127 BAERS (PROGRAM CLOSED OUT IN FY 20/21) (2) -$ - $ - $ - - $ - $ 45,883$ - $ - - - 128 GENERAL PLAN MAINTENANCE 842,679$ 842,679 $ - $ 0.0% 26,817 $ 50,814 $ 11,437 $ (23,997) $ (47.2%) 3.2% 9.5% 129 CONSTRUCTION AND DEMO RECYCLING 317,000$ 317,000 $ - $ 0.0% 16,270 $ 8,838 $ 247 $ 7,432 $ 84.1% 5.1% 2.7% 130 TECHNOLOGY MAINTENANCE 105,485$ 105,485 $ - $ 0.0% 10,404 $ 15,137 $ 12,938 $ (4,733) $ (31.3%) 9.9% 12.2% 131 SB 1186 1,300$ 1,300 $ - $ 0.0% - $ - $ - $ - $ - - - 132 SMIP FEE 500$ 500 $ - $ 0.0% - $ - $ - $ - $ - - - 133 CRV GRANT FUND 14,000$ 14,000 $ - $ 0.0% - $ - $ 3,229$ - $ - - - 134 CURBSIDE RECLYCLING 25,000$ 25,000 $ - $ 0.0% - $ - $ - $ - $ - - - 135 GREEN BUILDING FEE 500$ 500 $ - $ 0.0% - $ - $ - $ - $ - - - 136 MEASURE W 475,000 $ 475,000 $ - $ 0.0% - $ - $ - $ - $ - - - 137 COMMERCIAL LINKAGE GEE - $ - $ - $ - - $ - $ - $ - $ - - - 138 TENANT RELOCATION ASSISTANCE 51,640 $ 51,640 $ - $ 0.0% - $ - $ - $ - $ - - - 139 WORKFORCE HOUSING 329,136 $ 329,136 $ - $ 0.0% 9,977 $ - $ - $ 9,977$ - 3.0% - 140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING - $ - $ - $ - - $ - $ - $ - $ - - - 141 SB 1383 IMPLEMENTATION 47,314 $ 47,314 $ - $ 0.0% - $ - $ - $ - $ - - - TOTAL SPECIAL REVENUE FUNDS 9,320,566$ 9,320,566 $ - $ - 997,717 $ 381,080 $ 385,061 $ 616,637 $ 161.8% 10.7% 6.4%
SAVINGS (EXCESS) FROM
AMENDED BUDGET
TOTAL GENERAL FUND (FUNDS 001-003)
SUSTAINABLE FOSTER CITY (MOVED TO FUND 012)
FY 2022-23
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL EXPENDITURES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022
150
Attachment 4
ACTUAL ACTUAL ACTUAL INCREASE / % OF BUDGET % OF BUDGET FY 2022-23 FY 2021-22 FY 2020-21 DECREASE / % FY 2022-23 FY 2021-22 AMENDED 3 MONTHS 3 MONTHS 3 MONTHS FROM INCREASE 3 MONTHS 3 MONTHS Fund BUDGET PROJECTED $ % AS OF 9/30/2022 AS OF 9/30/2021 AS OF 9/30/2020 PRIO R YEAR (DECREASE) AS OF 9/30/2022 AS OF 9/30/2021
SAVINGS (EXCESS) FROM
AMENDED BUDGET
FY 2022-23
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL EXPENDITURES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022
230 DEBT SERVICE FUND (3) 6,378,988$ 6,378,988 $ - $ 0.0% 5,198,056 $ 5,230,656 $ - $ (32,600)$ (0.6%) 81.5% 80.6%
CAPITAL PROJECTS FUNDS
301 CIP PROJECTS-CITY 4,887,946$ 4,887,946 $ - $ 0.0% 185,230 $ 5,630 $ 356,068$ 179,600 $ 3190.1% 3.8% 0.6% 326
CAPITAL ASSET ACQUISITION AND REPLACEMENT
FUND (4) 7,050,000$ 7,050,000 $ - $ 0.0% 7,015,009 $ - $ - $ 7,015,009$ - 99.5% - 327 LEVEE PROJECT FUND 22,511,272$ 22,511,272 $ - $ 0.0% 5,994,736 $ 6,697,117 $ 65,483 $ (702,381) $ (10.5%) 26.6% 314.1% TOTAL CAPITAL PROJECTS FUNDS 34,449,218$ 34,449,218 $ - $ - 13,194,975 $ 6,702,747 $ 421,551 $ 6,492,228 $ 96.9% 38.3% 66.5%
ENTERPRISE FUNDS
401 WATER REVENUE (5) 17,188,908$ 15,556,000 $ 1,632,908 $ 9.5% 3,334,517 $ 3,029,966 $ 3,135,971 $ 304,551 $ 10.1% 19.4% 19.2% 405 CIP-WATER 3,225,000$ 3,225,000 $ - $ 0.0% 71,392 $ 292,819 $ 106,475 $ (221,427) $ (75.6%) 2.2% 22.3% 408 WATER EQUIPMENT REPLACEMENT 342,875$ 342,875 $ - $ 0.0% 16,630 $ 15,291 $ 18,286 $ 1,339 $ 8.8% 4.9% 7.4% 409 WATER CONNECTION FEES -$ - $ - $ - - $ - $ - $ - $ - - - 451 WASTEWATER REVENUE 9,205,027$ 9,205,027 $ - $ 0.0% 1,240,520 $ 1,076,688 $ 1,056,136 $ 163,832 $ 15.2% 13.5% 13.0% 453 WASTEWATER RATE STABILIZATION - $ - $ - $ - - $ - $ - $ - $ - - - 454 SM-FC PUBLIC FINANCING AUTHORITY LOAN (3) 1,862,966$ 1,862,966 $ - $ 0.0% 1,334,250 $ 1,322,875 $ 1,305,750 $ 11,375 $ 0.9% 71.6% 70.8% 455 CIP-WASTEWATER 6,555,051$ 6,555,051 $ - $ 0.0% 4,233,904 $ 31,769 $ 144,538 $ 4,202,135 $ 13227.2% 64.6% 0.1% 456 WASTEWATER PLANT EXPANSION - $ - $ - $ - - $ - $ - $ - $ - - - 458 WASTEWATER EQUIPMENT REPLACEMENT 359,894$ 359,894 $ - $ 0.0% 10,155 $ - $ - $ 10,155$ - 2.8% - 459 WASTEWATER NOTES/WIFIA LOAN/SRF LOAN (3) 10,184,179$ 10,184,179 $ - $ 0.0% 1,570,920 $ 216,656 $ - $ 1,354,264$ 625.1% 15.4% 3610.9% 460 WASTEWATER CONNECTION FEES -$ - $ - $ - - $ - $ - $ - $ - - - 461 STATE REVOLVING LOAN FUND 29,989,399$ 29,989,399 $ - $ 0.0% - $ - $ - $ - $ - - - TOTAL ENTERPRISE FUNDS 78,913,299 $ 77,280,391 $ 1,632,908 $ 2.1% 11,812,288 $ 5,986,064 $ 5,767,156 $ 5,826,224 $ 97.3% 15.0% 7.1%
INTERNAL SERVICE FUNDS
501 VEHICLE RENTAL FUND 2,150,911$ 2,150,911 $ - $ 0.0% 325,256 $ 374,822 $ 245,976 $ (49,566) $ (13.2%) 15.1% 19.1% 502 EQUIPMENT REPLACEMENT FUND 373,100$ 373,100 $ - $ 0.0% 44,651 $ 11,293 $ - $ 33,358$ 295.4% 12.0% 3.0% 503 SELF INSURANCE FUND (1) 1,343,529$ 1,343,529 $ - $ 0.0% 1,059,115 $ 737,373 $ 499,209 $ 321,742 $ 43.6% 78.8% 95.4% 504 INFORMATION TECHNOLOGY 2,623,392$ 2,623,392 $ - $ 0.0% 692,347 $ 444,667 $ 421,071 $ 247,680 $ 55.7% 26.4% 17.9% 505 BUILDING MAINTENANCE 4,530,870$ 4,530,870 $ - $ 0.0% 542,892 $ 471,438 $ 518,479 $ 71,454 $ 15.2% 12.0% 14.4% 507 LONGEVITY RECOGNITION PLAN 238,320$ 238,320 $ - $ 0.0% 48,798 $ 52,135 $ 47,602 $ (3,337) $ (6.4%) 20.5% 21.9% 508 PEMHCA FUND 229,704$ 229,704 $ - $ 0.0% 47,438 $ 47,081 $ 42,562 $ 357 $ 0.8% 20.7% 22.0% 509 COMPENSATED ABSENCES FUND 561,036$ 561,036 $ - $ 0.0% 158,888 $ 108,810 $ 2,014 $ 50,078 $ 46.0% 28.3% 22.9% TOTAL INTERNAL SERVICE FUNDS 12,050,862 $ 12,050,862 $ - $ - 2,919,385 $ 2,247,619 $ 1,776,913 $ 671,766 $ 29.9% 24.2% 23.0%
FIDUCIARY FUND
604 SUCESSOR ANGENCY 335,997 $ 335,997 $ - $ 0.0% - $ - $ 2,263$ - $ - - - 607 TOURISM ASSESSMENT - $ - $ - $ - - $ 7,304$ (7,304) $ (100.0%) - 8.5% 608 SMC FIRE FEES 220,860 $ 220,860 $ - $ 0.0% 6,325 $ 19,879 $ (13,554) $ (68.2%) 2.9% 14.4% TOTAL CITY / EMID FUNDS 196,241,263 $ 194,608,355 $ 1,632,908 $ 0.8% 54,260,309 $ 36,642,092 $ 25,886,682 $ 17,618,217 $ 48.1% 27.6% 22.0% 1 2 In September 2020, the City discontinued hosting the Bay Area Employee Relations Services (BAERS) program and transferred the remaining Fund Balance to the General Fund 3 The City and District's debt service payments are made in August and February of FYE 23 4 The City acquired 22 units of workforce housing in August 2022 5 Since FYE 22's total water consumption was reduced due to water conservation, anticipated FYE 23 expenditures have been recalibrated.
Notes and Explanation of Variances:
Expenditures for various departments exceeded 25% of the annual budget as various payments were made that covered costs for the full year, including annual insurance premiums and required employer unfunded accrued liability pension payments (e.g. the City elected to prepay the entire year's monthly unfunded liability obligations to CalPERS in July). These July payments totaled $7.51M, $6.79M, and $6.21M for FY 22/23, FY 21/22, and FY 20/21 respectively. The citywide cash savings from the early payments were $258,000, 233,000, and $214,000 respectively. The City paid its 1st and 2nd quarter contributions of $2.18M each to SMC Fire Dept. JPA during the 1st quarter of FYE 23.
151
DATE: November 21, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Louis Sun, Public Works Director
Andra Lorenz, Principal Management Analyst
SUBJECT: PUBLIC HEARING TO CONSIDER PROPOSED COLLECTION
RATES FOR SOLID WASTE, RECYCLABLES, AND ORGANIC
MATERIALS FOR CALENDAR YEAR 2023
RECOMMENDATION
It is recommended that the City Council hold a Public Hearing to consider the proposed collection rates for solid waste, recyclables, and organic materials and adopt the attached resolution approving the following:
1. Increasing the 2023 base collection rates by 5.0% over 2022 rates; and
2. Increasing the 2023 rates for unscheduled services by 4.184% over 2022 rates.
EXECUTIVE SUMMARY
On October 3, 2022, the City Council held a Public Hearing to review collection rates for solid waste, recyclables, and organic materials for Rate Year 2023. Per Minute Order 1882 (Attachment 4), the City Council directed staff to proceed with public notification procedures in accordance with Proposition 218 to increase 2023 base rates by no more than 5.0% over 2022 rates and to increase 2023 rates for unscheduled services (optional services requested by customers) by 4.184% over 2022 rates, effective January 1, 2023.
152
BACKGROUND
The City of Foster City entered into a franchise agreement with Recology San Mateo County for collection of solid waste, recyclables, and organic materials effective January 1, 2011, and an Amended and Restated Franchise agreement that went into effect on January 1, 2021. The cost for the collection and disposal of solid waste, recyclables, and organic materials in a manner that complies with State law is paid by the customers receiving the services through the rates. The City Council annually establishes rates to be charged for solid waste, recycling, and compost collection sufficient to cover the costs of the program.
Foster City base rate adjustments adopted over the last five years are as follows:
Year: Base Rate Adjustment
Rate Year 2018: +3.5%
Rate Year 2019: +3.8%
Rate Year 2020: +4.0%
Rate Year 2021: +2.0%
Rate Year 2022: +4.5%
Average Adjustment 2018-2022: +3.6%
ANALYSIS
The total annual revenue requirement for the solid waste and recycling program is calculated based upon the following components:
Collection Costs (Recology Compensation)
Disposal and Processing Costs (South Bay Recycling compensation and contract costs for landfills and organics processors, offset by revenues from recycling commodity sales)
Shortfall/Surplus Balances
The difference between the anticipated revenue requirement and the estimated revenue collection at current rates is the minimum rate adjustment required. Without the use of reserve funds, Staff estimates that a 2.5% increase in base rates would be required to generate the revenue needed to run the solid waste program in 2023. The City Council has proactively set 153
rates in previous year to build reserves sufficient to meet the revenue requirements for Rate Year 2023 if reserves are fully depleted in one year.
However, the South Bayside Waste Management Authority (SBWMA) is currently involved in parallel track negotiations for a contractor to operate the Shoreway Environmental Center after the current contract expires in 2024.
Although the outcome is not yet known, SBMWA has alerted members that it is very likely that the final contract cost will add several percentage points to the solid waste rates for all member agencies. Based on SBWMA’s rate projections, staff is recommending an additional 2.5% be added to the 2023 rate in order to build reserves to address this cost increase and help prevent significant future rate increases. Based on this analysis, in October, Staff recommended, and the City Council approved, noticing a base rate increase of 5.0% for Rate Year 2023.
Per City Council direction, a 5.0% rate increase was included in the Proposition 218 notice for tonight’s Public Hearing (Attachment 5). The City Council may adopt base rate increases of any amount up to this noticed
5.0%. A 5.0% increase equals $1.31 per month for a 32-gallon cart, which is the most highly subscribed service among residential customers. A complete listing of proposed rates is included in Attachment 2.
In accordance with the requirements of Proposition 218, if a majority of affected parcels (3,639 or more) file written protests, the proposed rate changes will not be imposed. As of October 31, 2022, no protests had been received. If fewer than 3,639 are received by the end of the public hearing, the City can proceed with adopting the new base rates and rates for unscheduled services.
Adoption of the attached resolution will result in a 5.0% increase to the current 2022 recyclables, organics, and refuse collection rates and an increase to the rates for unscheduled services of 4.184% effective January 1, 2023.
Attachment 7 is a comparison of Foster City’s current/proposed rates to the current rates for each of the SBWMA jurisdictions. If approved, Foster City’s rate for a 32-gallon container would be the lowest within the SBWMA service area.
CEQA
154
The City Council’s action is not a project pursuant to CEQA Guidelines section 15378(b) (4) because the City is authorizing maximum rates to be charged to fund on-going solid waste collection and processing services and as such, the action involves a funding mechanism or fiscal activity within the meaning of the CEQA Guidelines.
FISCAL IMPACT
Solid waste collection service costs in Foster City are covered by the solid waste rates paid by the residents and businesses. The costs of these services do not impact the City budget or the General Fund.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action aligns with the City Council’s value of innovation and sustainability by supporting the community’s proper and efficient disposal of solid waste materials in order to sustain long-term environmental health. It aligns with the City Council’s value of Community Engagement by providing a forum for public input on the setting of rates. It aligns with the City Council’s Mission to make decisions and measure progress based on economic factors among other considerations.
Attachments:
Attachment 1 – Resolution
Attachment 2 – Proposed Base Rates for 2023
Attachment 3 – Proposed Rates for Unscheduled Services for 2023 Attachment 4 – Minute Order No. 1882
Attachment 5 – Notice of Intent to Increase Collection Rates for The Rate Year 2023 For Solid Waste, Recyclables, And Organic Materials Collection in The City of Foster City (Proposition 218 Notice) Attachment 6 – Mailing Confirmation
Attachment 7 – Comparison of Current Rates of SBWMA Agencies 155
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING AN INCREASE TO SOLID WASTE, RECYCLABLES, AND ORGANIC MATERIALS COLLECTION RATES FOR CALENDAR YEAR 2023 BY 5.0% AND THE RATES FOR UNSCHEDULED SERVICES BY 4.184% EFFECTIVE JANUARY 1, 2023
CITY OF FOSTER CITY
WHEREAS, pursuant to an agreement with the South Bayside Waste Management Authority (SBWMA), a rate analysis has been conducted regarding solid waste collection rates in the City of Foster City; and
WHEREAS, upon the recommendation of said SBWMA, of which this City is a member agency, revisions to the rates of charge for said purposes have been proposed; and
WHEREAS, on October 3, 2022, the City Council considered information related to the solid waste, recyclable, and organic materials collection and processing program relative to rates for 2023; and
WHEREAS, per Minute Order 1882, the City Council directed staff to proceed with the public notification procedures required by Article XIII D, Section 6 of the California Constitution (Proposition 218) to increase the 2022 base collection rates by up to 5.0% for 2023 and increase the rates for Unscheduled Services (optional services) by 4.184%; and
WHEREAS, the collection rate increases are necessary to meet current and projected future costs for solid waste, recyclable, and organic materials collection services; and
WHEREAS, the City Council’s action is not a project pursuant to CEQA Guidelines section 15378(b) (4) because the City is authorizing maximum rates to be charged to fund on-going solid waste services, and as such, the action involves a funding mechanism or fiscal activity within the meaning of the CEQA Guidelines; and WHEREAS, on October 7, 2022, notices were sent to 7,276 residential and commercial customers in Foster City, pursuant to Government Code section 53755; and WHEREAS, a public hearing was held in accordance with the requirements of Proposition 218, the City did not receive protests from a majority of the parcels receiving solid waste, recyclable, and organic materials collection services, and per Proposition 218, may proceed with the proposed rate adjustment; and 156
WHEREAS, the City Council has chosen as a matter of policy to follow the procedures set forth in Article XIII D of the California Constitution, nothing in this Resolution shall be interpreted as an admission by the City that the provisions of Article XIII D apply to the actions taken herein; and
WHEREAS, to the extent that this rate authorization results in the imposition of any fees, rates, or charges for services or facilities in connection with the City’s solid waste system, those charges are adopted pursuant to California Health and Safety Code section 5471.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the following, effective January 1, 2023:
1. Increase the 2022 solid waste, recyclable, and organic materials collection rates by 5.0% for 2023; and
2. Increase the 2022 rates for “Unscheduled Services” by 4.184% for 2023.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
157
Quantity Size Rate
1 20 gal 17.18 $
1 32 gal 27.52 $
1 64 gal 55.02 $
1 96 gal 82.55 $
EXHIBIT A
City of Foster City
Residential Rates including Refuse,
Organics, and Recycling
Rate Year 2023 (5.0% increase over 2022 rates)
158
Total
Gal. Qty Size Volume Frequency
per week Rate
20 1 20 gallon 1 17.18 $
32 1 32 gallon 1 27.52 $
64 1 32 gallon 2 57.99 $
96 1 32 gallon 3 91.55 $
64 2 32 gallon 1 56.65 $
96 3 32 gallon 1 87.53 $
288 3 32 gallon 3 274.61 $
128 4 32 gallon 1 116.73 $
160 5 32 gallon 1 145.89 $
192 6 32 gallon 1 175.08 $
11,136 174 32 gallon 2 10,386.37 $
7,488 234 32 gallon 1 6,828.64 $
8,832 276 32 gallon 1 8,052.96 $
8,864 277 32 gallon 1 8,082.14 $
8,896 278 32 gallon 1 8,111.79 $
8,928 279 32 gallon 1 8,140.98 $
8,960 280 32 gallon 1 8,170.16 $
17,920 560 32 gallon 1 16,340.30 $
City of Foster City
20 gallon
32 gallon
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Cart Rates
159
City of Foster City
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Cart Rates
64 1 64 gallon 1 56.65 $
128 1 64 gallon 2 119.36 $
192 1 64 gallon 3 183.06 $
256 1 64 gallon 4 249.41 $
320 1 64 gallon 5 318.43 $
128 2 64 gallon 1 116.73 $
256 2 64 gallon 2 238.74 $
384 2 64 gallon 3 366.12 $
512 2 64 gallon 4 498.83 $
640 2 64 gallon 5 636.93 $
768 2 64 gallon 6 780.31 $
896 2 64 gallon 7 929.02 $
192 3 64 gallon 1 175.09 $
448 7 64 gallon 1 408.47 $
896 7 64 gallon 2 835.67 $
1,344 7 64 gallon 3 1,281.53 $
1,792 7 64 gallon 4 1,746.02 $
2,240 7 64 gallon 5 2,229.22 $
2,688 7 64 gallon 6 2,731.08 $
3,136 7 64 gallon 7 3,251.60 $
64 gallon
160
City of Foster City
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Cart Rates
96 1 96 gallon 1 87.53 $
192 1 96 gallon 2 179.06 $
288 1 96 gallon 3 274.61 $
480 1 96 gallon 5 477.68 $
192 2 96 gallon 1 175.08 $
384 2 96 gallon 2 358.11 $
576 2 96 gallon 3 549.18 $
768 2 96 gallon 4 748.30 $
960 2 96 gallon 5 955.36 $
1,152 2 96 gallon 6 1,170.46 $
1,344 2 96 gallon 7 1,393.54 $
288 3 96 gallon 1 262.58 $
480 5 96 gallon 1 437.64 $
576 6 96 gallon 1 525.20 $
1,152 6 96 gallon 2 1,074.44 $
1,728 6 96 gallon 3 1,647.67 $
2,304 6 96 gallon 4 2,244.92 $
2,880 6 96 gallon 5 2,866.16 $
3,456 6 96 gallon 6 3,511.40 $
4,032 6 96 gallon 7 4,180.64 $
2,016 7 96 gallon 3 1,922.29 $
2,304 8 96 gallon 3 2,196.93 $
5,184 18 96 gallon 3 4,943.05 $
5,472 19 96 gallon 3 5,217.68 $
96 gallon
161
Total
Yards Qty Size Volume Frequency
per week Rate
1 1 1 yard 1 131.95 $
2 1 1 yard 2 265.98 $
3 1 1 yard 3 402.16 $
4 1 1 yard 4 540.34 $
5 1 1 yard 5 680.61 $
6 1 1 yard 6 823.05 $
7 1 1 yard 7 967.49 $
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
1 - YARD
162
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
Total
Yards Qty Size Volume Frequency
per week Rate
2 1 2 yard 1 263.92 $
4 1 2 yard 2 531.99 $
6 1 2 yard 3 804.29 $
8 1 2 yard 4 1,080.69 $
10 1 2 yard 5 1,361.23 $
12 1 2 yard 6 1,693.60 $
14 1 2 yard 7 1,990.39 $
4 2 2 yard 1 527.85 $
8 2 2 yard 2 1,063.99 $
12 2 2 yard 3 1,656.09 $
16 2 2 yard 4 2,224.71 $
20 2 2 yard 5 2,801.65 $
24 2 2 yard 6 3,485.08 $
28 2 2 yard 7 4,094.92 $
6 3 2 yard 1 791.75 $
12 3 2 yard 2 1,643.48 $
18 3 2 yard 3 2,484.14 $
24 3 2 yard 4 3,434.95 $
30 3 2 yard 5 4,324.77 $
36 3 2 yard 6 5,227.60 $
42 3 2 yard 7 6,142.40 $
8 4 2 yard 1 1,055.70 $
16 4 2 yard 2 2,191.29 $
24 4 2 yard 3 3,410.07 $
32 4 2 yard 4 4,579.92 $
40 4 2 yard 5 5,766.36 $
48 4 2 yard 6 6,970.13 $
56 4 2 yard 7 8,189.86 $
2 - YARD
163
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
10 5 2 yard 1 1,319.60 $
20 5 2 yard 2 2,739.14 $
30 5 2 yard 3 4,262.60 $
40 5 2 yard 4 5,724.90 $
50 5 2 yard 5 7,207.94 $
60 5 2 yard 6 8,712.67 $
70 5 2 yard 7 10,237.31 $
164
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
Total
Yards Qty Size Volume Frequency
per week Rate
3 1 3 yard 1 395.88 $
6 1 3 yard 2 797.98 $
9 1 3 yard 3 1,206.44 $
12 1 3 yard 4 1,668.54 $
15 1 3 yard 5 2,101.22 $
18 1 3 yard 6 2,540.40 $
21 1 3 yard 7 3,071.18 $
6 2 3 yard 1 791.75 $
12 2 3 yard 2 1,643.48 $
18 2 3 yard 3 2,484.14 $
24 2 3 yard 4 3,434.95 $
30 2 3 yard 5 4,324.77 $
36 2 3 yard 6 5,227.60 $
42 2 3 yard 7 6,142.40 $
9 3 3 yard 1 1,187.63 $
18 3 3 yard 2 2,465.21 $
27 3 3 yard 3 3,836.32 $
36 3 3 yard 4 5,152.39 $
45 3 3 yard 5 6,487.15 $
54 3 3 yard 6 7,841.40 $
63 3 3 yard 7 9,213.58 $
12 4 3 yard 1 1,631.04$
24 4 3 yard 2 3,384.82 $
36 4 3 yard 3 5,115.10 $
48 4 3 yard 4 6,869.89 $
60 4 3 yard 5 8,649.53 $
72 4 3 yard 6 10,455.20 $
84 4 3 yard 7 12,284.79$
3 - YARD
165
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
15 5 3 yard 1 2,038.77 $
30 5 3 yard 2 4,231.01 $
45 5 3 yard 3 6,393.62 $
60 5 3 yard 4 8,587.38 $
105 5 3 yard 7 15,355.98 $
18 6 3 yard 1 2,446.56 $
36 6 3 yard 2 5,077.21 $
54 6 3 yard 3 7,672.63 $
72 6 3 yard 4 10,304.83 $
90 6 3 yard 5 12,974.31 $
108 6 3 yard 6 15,682.79 $
126 6 3 yard 7 18,427.19 $
21 7 3 yard 1 2,939.96 $
42 7 3 yard 2 5,923.41 $
63 7 3 yard 3 8,951.40 $
84 7 3 yard 4 12,022.27 $
105 7 3 yard 5 15,136.70 $
126 7 3 yard 6 18,296.59 $
147 7 3 yard 7 21,498.39 $
24 8 3 yard 1 3,359.96 $
48 8 3 yard 2 6,769.63 $
72 8 3 yard 3 10,230.20 $
96 8 3 yard 4 13,739.76 $
120 8 3 yard 5 17,299.08 $
144 8 3 yard 6 20,910.39 $
168 8 3 yard 7 24,569.58 $
27 9 3 yard 1 3,779.94 $
54 9 3 yard 2 7,615.83 $
81 9 3 yard 3 11,508.98 $
166
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
30 10 3 yard 1 4,199.92 $
60 10 3 yard 2 8,462.04 $
90 10 3 yard 3 12,787.75 $
120 10 3 yard 4 17,174.71 $
150 10 3 yard 5 21,623.86 $
180 10 3 yard 6 26,137.98 $
210 10 3 yard 7 30,712.00 $
66 11 3 yard 2 9,308.25 $
36 12 3 yard 1 5,039.88 $
72 12 3 yard 2 10,154.46 $
108 12 3 yard 3 15,345.30 $
144 12 3 yard 4 20,609.63 $
180 12 3 yard 5 25,948.60 $
216 12 3 yard 6 31,365.59 $
252 12 3 yard 7 36,854.39 $
45 15 3 yard 1 6,299.90 $
90 15 3 yard 2 12,693.04 $
135 15 3 yard 3 19,181.61 $
138 23 3 yard 2 19,462.70 $
150 25 3 yard 2 21,155.07 $
167
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
Total
Yards Qty Size Volume Frequency
per week Rate
4 1 4 yard 1 527.85 $
8 1 4 yard 2 1,063.99 $
12 1 4 yard 3 1,656.09 $
16 1 4 yard 4 2,224.71 $
20 1 4 yard 5 2,801.65 $
24 1 4 yard 6 3,485.08 $
8 2 4 yard 1 1,055.69 $
16 2 4 yard 2 2,190.84 $
24 2 4 yard 3 3,409.94 $
40 2 4 yard 5 5,766.36 $
12 3 4 yard 1 1,631.04 $
24 3 4 yard 2 3,384.82 $
36 3 4 yard 3 5,115.10 $
48 3 4 yard 4 6,869.87 $
60 3 4 yard 5 8,649.53 $
72 3 4 yard 6 10,455.20 $
84 3 4 yard 7 12,284.79 $
16 4 4 yard 1 2,174.70 $
32 4 4 yard 2 4,513.09 $
48 4 4 yard 3 6,820.15 $
64 4 4 yard 4 9,159.84 $
80 4 4 yard 5 11,532.74 $
96 4 4 yard 6 13,940.24 $
112 4 4 yard 7 16,379.74 $
48 6 4 yard 2 6,769.63 $
4 - YARD
168
Rate Year 2023 (5.0% increase over 2022 rates)
Commercial Bin Rates
City of Foster City
6 1 6 yard 1 791.75 $
12 1 6 yard 2 1,643.48 $
18 1 6 yard 3 2,484.14 $
24 1 6 yard 4 3,434.95 $
30 1 6 yard 5 4,324.77 $
36 1 6 yard 6 5,227.60 $
42 1 6 yard 7 6,142.40 $
24 2 6 yard 2 3,384.92 $
36 2 6 yard 3 5,115.10 $
48 2 6 yard 4 6,869.89 $
60 2 6 yard 5 8,649.53 $
72 2 6 yard 6 10,455.20 $
84 2 6 yard 7 12,284.79 $
54 3 6 yard 3 7,672.63 $
72 3 6 yard 4 10,304.83 $
90 3 6 yard 5 12,974.33 $
108 3 6 yard 6 15,682.79 $
126 3 6 yard 7 18,427.17 $
8 1 8 yard 1 1,119.98 $
16 1 8 yard 2 2,256.64 $
24 1 8 yard 3 3,409.94 $
32 1 8 yard 4 4,579.92 $
40 1 8 yard 5 5,766.57 $
16 2 8 yard 1 2,239.95 $
32 2 8 yard 2 4,513.26 $
8 - YARD
6 - YARD
169
City of Foster City
All Compactor Rates
Rate Year 2023 (5.0% increase over 2022 rates)
Cost Per Yard, Per PULL - Organics = $84.62
Cost Per Yard, Per PULL - Trash = $112.83
COMPACTOR RATE
Organics Program, COMPACTOR RATE (25% Discount)
170
Attachment 3
Attachment Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services
Service Reference Agency-Approved
Charge
Description
1 Single-Family Dwelling
Backyard Collection
Service
Section
5.02.A
See Charges in the
table at the end of
this Attachment
See Charges in the table at
the end of this Attachment
2 Long Distance Service for
MFD, Mixed Use, and
Commercial Accounts
(Note: only applicable to
Containers with wheels)
Sections
5.02.B,
5.02.C; and
8.02.B
A – 10% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
B – 25% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or
from the edge of the roadway
nearest the closest edge of the
Container, if there is no curb.
3 Container Relocation
Service
Sections
5.02B and
8.02B
A – 12% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
B – 27% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or
from the edge of the roadway
nearest the closest edge of the
Container, if there is no curb.
4 On-Call Pick-up for SFD,
MFD, Mixed Use, and
Commercial Customers
Sections
5.02.A,
5.02.B, and
5.02.C
25% of the base
monthly Rate for the
size of Container
Collected once per
week
Per Collection event per
Container for Collection
requested by Customer
5 Return Trip (SFD, MFD,
Mixed Use, or
Commercial)
Sections
5.02.A, B, C;
5.03.A, B, C;
5.04.A, B, C
$19.10 for SFD
$19.10 for
Commercial, Mixed
Use, and MFD
Per Collection event (i.e.,
request to return and provide
Collection service after the
Customer failed to properly set
out their Container(s) for
regularly scheduled Collection)
171
Attachment 3
Attachment Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services
Service Reference Agency-Approved
Charge
Description
6 Additional Targeted
Recyclable Materials or
Organic Materials Cart
Service for SFD
Sections
5.03.A and
5.04.A
$3.82 per Recycling
Cart
$3.82 per Organic
Materials Cart
Per Cart per month (any Cart
size). Six month minimum
charge required. Includes one-
time Cart delivery upon start of
service and removal of Cart
when service is discontinued
by Customer.
7 Additional On-Call Bulky
Item Collection
Sections
5.05, 5.06
$103.80 Per Bulky Item Collection
event (in addition to the events
provided at no charge to
Customer pursuant to Section
5.12)
8 Collect Contaminated
Targeted Recyclable
Materials or Organic
Materials Container
Section
6.03.A and
8.02.F
25% of the base
monthly Solid Waste
Rate for the size of
Container Collected
once per week
plus
Return Trip Fee if
applicable
Per Collection event for
Container with Contamination
Level greater than the
maximum level pursuant to
Table 1 in Section 6.02.B
9 Lock Service (Key Service) Section
8.02.B A – $10.82 per usage
B – $12.09 per usage
Monthly cost:
A – Residential Customers
B – Commercial Customers
10 Lock Purchase Section
8.02.B
$21.63 per lock Per lock
11 Overage Service Section
8.02.G
100% of the base
monthly Solid Waste
Collection Rate
Per Collection event (after the
first two events)
12 Overage Bags Cost Section
8.02.G
50% of the base
monthly Solid Waste
Collection Rate or
$10.17 minimum
Per bag
13 Container Cleaning
Service
Section
8.05.D
A – $63.64
B – $108.18
A – per Cart
B – per Bin or Drop-Box
Charge only applies to
cleaning or Container
exchange in addition to the
service to be provided at no
charge to the Customer
pursuant to Section 8.05.D
14 Dirty Cart Replacement
(Exchange) Service
Section
8.05.D
A – $82.72
B – $95.45
C – $108.18
A – per 32 gallon Cart
B – per 64 gallon Cart
C – per 96 gallon Cart
Charge only applies to
cleaning or Container
exchange in addition to the
service to be provided at no
charge to the Customer
pursuant to Section 8.05.D
172
Attachment 3
Attachment Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services
Backyard Collection Service Charge
for Single-Family Dwellings*
(Section 5.02.A)
Distance from Curb**
Backyard
Charge for
Customers
with One (1)
Solid Waste
Cart
Backyard
Charge for
Customers with
Two (2) Solid
Waste Carts
Backyard
Charge for
Customers with
Three (3) Solid
Waste Carts
Backyard
Charge for
Customers with
Four (4) Solid
Waste Carts
Distance <= 50 feet $22.91 $36.55 $73.11 $109.66
50 < Distance <= 100 feet $26.72 $40.37 $76.92 $113.48
100 < Distance <= 150 feet $30.54 $44.20 $80.75 $117.30 150 < Distance <= 200 feet $34.36 $48.01 $84.57 $121.11 200 < Distance <= 250 feet $38.18 $51.83 $88.37 $124.93 250 < Distance <= 300 feet $42.00 $55.64 $92.20 $128.74 300 < Distance <= 350 feet $45.82 $59.46 $96.01 $132.57 Each additional 50 foot
increment over 350 feet
Amount equals the difference
between the Charge for 250 to 300 feet and 300 to 350 feet * Backyard Collection Service Charges are charges added to the base monthly Rate for Single-Family Collection service and cover the provision of Backyard Collection Service for all of Customer’s Solid Waste, Recyclable Materials, and Organic Materials Carts.
** Distance shall be measured from the face of the curb, or from the edge of the roadway nearest the closest edge of the Cart, if there is no curb. 173
MINUTE ORDER
No. 1882
OFFICE OF THE CITY CLERK
FOSTER CITY, CALIFORNIA
Date: October 4, 2022
Attention: City Council/EMID Board
Stefan Chatwin, City/District Manager
Louis Sun, Public Works Director
‘Andra Lorenz, Senior Management Analyst
City Council/EMID Board of Directors Meeting Date: October 3, 2022
Subject: Solid Waste Collection Rates for Year 2023
Motion by Councilmember Gehani seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5 -0-0, IT WAS ORDERED to proceed with mailing the Proposition 218 notice for a public hearing to be held on November 21, 2022 to increase the 2022 collection rates by no more than 5.0% for 2023, increase the 202 2 “Rates for Additional Services” (optional services requested by customers above the base service level) by no more than 4.184% for 2023.
CITY CLERK/DISTRICT SECRETARY
BY: YELENA CAPPELLO, ACTING CITY
CLERK/DISTRICT SECRETARY
DocuSign Envelope ID: FA02801D-FADD-47B1-A737-70AC8DF6BC83 174
PROPOSED GARBAGE, RECYCLABLES AND ORGANICS COLLECTION RATES EFFECTIVE JANUARY 1, 2023
A summary of proposed base rates is listed below. A complete listing is available at www.fostercity.org.
RESIDENTIAL CURBSIDE COLLECTION RATES
Quantity
Container
Size
Frequency
of Pick‐Up
Current
Monthly Rate
Proposed
Monthly Rate
1 20 gallon cart 1 x per week $16.36 17.18
1 32 gallon cart 1 x per week $26.21 27.51
1 64 gallon cart 1 x per week $52.40 55.02
1 96 gallon cart 1 x per week $78.62 82.55
Residential customers are billed based on the size of their bla ck Garbage Cart. The monthly rate includes one 64‐gallon blue Recycling Cart and one 96‐gallon green Organics Cart. Add itional carts or placement of carts further than within 5 feet of the road right of way are subject to Unscheduled Service Fees.
COMMERCIAL COLLECTION RATES*
Quantity
Container
Size
Frequency
of Pick‐Up
Current
Monthly Rate
Proposed
Monthly Rate
1 20 gallon cart 1 x per week $16.36 17.18
1 32 gallon cart 1 x per week $26.21 27.51
1 64 gallon cart 1 x per week $53.95 56.65
1 96 gallon cart 1 x per week $83.36 87.53
1 1 yard bin 1 x per week $125.67 131.95
1 2 yard bin 1 x per week $251.35 263.92
1 3 yard bin 1 x per week $377.03 395.88
1 4 yard bin 1 x per week $502.71 527.85
1 6 yard bin 1 x per week $754.05 791.75
1 8 yard bin 1 x per week $1,066.65 1,119.98
* Organics collection service is discounted 25% for commercial rate customers who also subscribe to garbage service.
For additional rate information, visit www.fostercity.org
NOTICE OF PROPOSED
INCREASE IN GARBAGE
AND RECYCLABLES AND
ORGANICS COLLECTION
SERVICE RATES
Effective January 1, 2023
This notice is to advise property owners that
the Foster City City Council will be holding a
public hearing to consider approving updated
rates for garbage, recyclables and organics
collection services, and this notice is therefore
given in accordance with Proposition 218 and
Article XIIID of the California Constitution
City of Foster City
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
610 Foster City Boulevard, Foster City, CA 94404-2222
PRSRT STD
US POSTAGE
PAID
HAYWARD, CA
PERMIT #3335
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PUT TRASH IN ITS PLACE
Not everything belongs in the solid waste stream.
Keep rates low and help ensure the availability of landfill space, reduce greenhouse gas emissions and
reduce the toxicity of the environment by handling wastes properly.
• Make an appointment to take Hazardous
Wastes, like paints and pesticides, to the
County’s Hazardous Waste program.
• Keep batteries out of all carts. Place household
batteries and cell phones in zipper bags on top of
your black cart (singl e family) or ask your
property manager to place a battery bucket in a
common area for all residents. (multi‐family).
• Use a kitchen pail to collect food waste and place
it in your green cart where it can be composted
into useful products.
• Place used automobile oil in sealed one‐gallon
containers and oil filters in plastic zipper bags at
your curb.
• Drop off unwanted medications at Foster City
CVS or other Health Department Safe Medication
Disposal locations.
• Make an appointment for Recology to pick up
your bulky items.
• T a k e o t h e r i t e m s t o th e S h o r e w a y Pu b l i c Recycling Center for proper disposal or recycling.
• When in doubt, call Recology San Mateo County
to ask if an item belongs in the cart.
ABOUT SOLID WASTE COLLECTION
SERVICES IN FOSTER CITY
Garbage, recyclables and organics collection is
provided under a franchise agreement between
Recology San Mateo County and the City of Foster City. Foster City is a member of the South Bayside Waste Management Authority (SBWMA), also known
as RethinkWaste, a colle ction of agencies that
coordinate waste management staff services (such as
contract negotiation and le gislative advocacy) and manage the Shoreway Environmental Center in San
Carlos. Make an appointment for a virtual public tour
of the Shoreway facility at rethinkwaste.org.
WHAT DO PROPOSED BASE RATES PAY
FOR?
Residential:
• Weekly curbside collection of garbage, recycling
and organics
• Curbside collection of used motor oil, oil filters,
cell phone and household batteries
• T w o a n n u a l “ O n C a l l ” b u l k y i t e m pi c k ‐ u p s ( b y appointment)
• Holiday tree recycling
• No cost public recycling at Shoreway
Environmental Center, including mattresses,
electronics, and small appliances
• One annual confidential document shredding
event, electronic waste collection event and
compost give‐away event (additional events in
Foster City are funded by other sources)
Commercial
• Subscribed level of collection for garbage and
recycling; 25% reduction in cost for organics
• Customized waste management assistance by
Waste Zero Specialists
All Customers
• Energy‐efficient, cleaner emissions garbage and
recycling collection trucks
• Operation of the Shoreway Environmental
Center for waste and recycling
PROPOSED RATE INCREASE
Foster City’s Solid Waste rates are calculated to collect the rev enue req uired to ru n the Solid Waste program. Approximately 60% of the revenue
requirement is based on the cost of collection by the
City’s waste hauler, Recology San Mateo County. The
remaining revenue requirement is composed of city‐
specific service levels, disp osal and processing costs, a n d ag e n c y f e e s . R e v e n u e f r o m co m m o d i t y s a l e s o f recovered recyclables is used to reduce rates. Based
on this analysis, base rates for 2023 are proposed to
be increased by 5.0%.
Residential Rates. The costs for all three residential services: garbage, recycling, and organics collection;
a r e de t e r m i n e d b y th e si z e o f t h e g a r b a g e c a r t . A
5.0% increase would equate to approximately $1.31
per month for residential customers with 32‐gallon carts (32‐gallons is the most commonly subscribed residential garbage cart size.)
Rate Smoothing. In order to reduce rate volatility for
all rate categories, the City has taken a conservative
approach to rate setting by increasing rates over time, r a t h e r t h a n re l y i n g on l a r g e p e r i o d i c ra t e adjustments. The proposed increase takes into
account the revenue requirement for 2023 as well as
known future increases associated with anticipated compliance with new requirements associated with
stormwater regulations and California State Senate Bill 1383. Rates are offset by revenue generated through the sale of recovered recyclables and surplus
rate balances.
Rates for Unscheduled Services. The franchise
agreement allows for a Consumer Price Index (CPI) i n c r e a s e t o Un s c h e d u l e d S e r v i c e F e e s , w h i c h a r e generally those optional services that are specifically requested and paid directly by the requesting
ratepayer. Unscheduled services are proposed to
increase 4.184% for Rate Year 2023.
PUBLIC HEARING
The City Council has scheduled a Public Hearing to consider adopting garbage, r ecyclables a nd orga nics collection service rates for Foster City for Calendar Year 2023.
Monday, November 21, 2022 at 6:30 PM
Unless prohibited by public health orders, the public
hearing will be held in the Foster City Council Chambers, 620 Foster City Boulevard, Foster City, CA.
The public may participate by providing live verbal public comment in person, by joining the meeting via
video or teleconference, or by submitting comments
to [email protected]. Instructions on
how to join the meeting will be included in the agenda
that will be posted at least 72 hours prior to the meeting at www.fostercity.org/agendasandminutes.
The Public Hearing is open to the public, and anyone
may appear and be heard or submit a written
statement on this matter. At the conclusion of the Public Hearing, the City Council will consider adopting a resolution to set garbage, recyclables and organics
collection rates for Foster City for Rate Year 2023.
Any property owner in Foster City may file a written
protest against the proposed rate increases. The City
Council will consider all input, but State law provides that only written protests from property owners may
be counted to determine whether a majority protest
to the proposed increases exists. The City Clerk must
receive a written protest not later than the closing of the Public Hearing to be counted. If a majority protest e x i s t s , th e n t h e C i t y Co u n c i l ca n n o t i m p o s e th e increased rates. If, at the conclusion of the Public Hearing, a majority protest of property owners does
not exist, the City Council will consider adoption of the proposed rates.
Written protests must include the property owner’s
name, property service address, tax assessor’s parcel
number and the property owner’s original signature.
Written protests may be hand delivered or mailed to
the City Clerk, 610 Foster City Boulevard, Foster City, CA 94404. No more than one protest per parcel may
be submitted.
RECOLOGY SAN MATEO COUNTY
Garbage, Recycling and Organics Collection
www.Recology.com/Recology‐san‐mateo‐county
(650) 595‐3900
RETHINKWASTE
Governing Board, Shoreway Tours,
Waste Reduction Information
www.RethinkWaste.org
(650) 802‐3500
SAN MATEO COUNTY HEALTH DEPT.
Hazardous Waste Disposal
www.smchealth.org/safe‐waste‐disposal
Medical Waste Disposal
www.smchealth.org/rxdisposal
SOUTH BAY RECYCLING
Shoreway Environmental Center Management
www.sbrecycling.net/public‐recycling‐center
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177
ATTACHMENT 7
COMPARISON OF 2022 RATES OF SBWMA AGENCIES
Member Agency
RATES1
20-gallon 32-gallon2 64-gallon 96-gallon
Foster City (2021 rate) $16.36 $26.21 $52.40 $78.62
Foster City (proposed 2022 rate) $17.18 $27.51 $55.02 $82.55 San Mateo $19.19 $28.29 $55.52 $84.89
Burlingame $16.13 $29.83 $59.66 $88.54
Redwood City $18.87 $34.86 $64.20 $95.31
North Fair Oaks $36.07 $36.07 $36.07 $84.14
Belmont $34.94 $41.68 $82.06 $123.08
San Mateo County $35.33 $41.99 $61.95 $88.00
Menlo Park $33.81 $42.14 $65.23 $91.46
San Carlos $29.07 $43.43 $66.14 $85.46
East Palo Alto $52.90 $52.90 $52.90 $52.90
West Bay Sanitary District $48.75 $55.25 $72.00 $105.00 Hillsborough $48.55 $56.90 $77.86 $102.15
NOTE 1: The rates shown for member agencies are for current year and do not reflect possible changes in the next rate period.
NOTE 2: Rates are sorted based on the current 32 gallon rate from lowest to highest.
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DATE: November 21, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Louis Sun, Public Works Director
SUBJECT: REVIEW AND ACCEPT THE INDEPENDENT CITIZENS’ BOND OVERSIGHT COMMITTEE’S ANNUAL REPORT FOR FY 2021-
2022 TO THE CITY COUNCIL REGARDING THE
EXPENDITURES OF BOND PROCEEDS ASSOCIATED WITH
THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS
PROJECT (CIP 327-657)
RECOMMENDATION
It is recommended that the City Council review and accept by minute order the Independent Citizens’ Bond Oversight Committee’s (Committee) Annual Report for FY 2021-2022 to the City Council regarding the expenditures of bond proceeds associated with the Levee Protection Planning and Improvements Project (CIP 327-657) from July 1, 2021 through September 30, 2022.
EXECUTIVE SUMMARY
The Committee met on October 27, 2022 and determined the following:
1. For fixed contracts, the City has expended bond proceeds only for the purposes set forth in the ballot measure; and
2. For time and materials contracts, the Committee cannot determine whether or not the Tanner Pacific, Inc. or Schaaf & Wheeler contracts are in compliance with the requirements of Measure P.
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BACKGROUND
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. The Measure P Election was conducted under California Government Code Section 53411.The bond measure ballot language promised voters that the expenditure of bond funds would be subject to “citizens’ oversight,” as more fully articulated in City Resolution No. 2018-15 (Attachment 1), which declared the public interest in and necessity of the levee improvements.
Beginning on October 28, 2020, the Committee has met quarterly to review and discuss information pertaining to the Levee project expenditures. At the November 15, 2021 Council Meeting, the Committee presented the 2020- 2021 Fiscal Year Annual Report expenditures from September 2015 through June 30, 2021.
ANALYSIS
On October 27, 2022, the Committee held its quarterly meeting to review the City’s expenditure of bond proceeds and to consider approval of the Annual Report to the City Council, which is one of the duties of the Committee described in section 3.3(a) of the Committee’s Bylaws. As the second Annual Report of the Committee, this report addresses expenditures from July 1, 2021 through September 30, 2022. The Annual Report was reviewed and approved unanimously by the members of the Committee. As indicated in the Annual Report, the Committee determined that the City expended bond proceeds only for the purposes set forth in Measure P for fixed contracts. For time and materials contracts, at this time the Committee cannot determine whether or not the Tanner Pacific or Schaaf & Wheeler contracts are in compliance with the requirements of Measure P. The approved Annual Report is attached as Attachment 2 and will be placed on the City’s website.
FISCAL IMPACT
There is no fiscal impact associated with the attached report.
CITY COUNCIL VALUE/PRIORITY AREA
The Levee Improvements Project (funded by Measure P) is in alignment with 180
the City Council's adopted Vision and Mission statements in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide. The Committee ensures the project is in compliance with the requirements of Measure P.
Attachments:
Attachment 1 – Resolution 2018-15
Attachment 2 - Independent Citizens’ Bond Oversight Committee’s Annual Report for FY 2021-2022
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Attachment 1
182
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INDEPENDENT CITIZEN’S BOND OVERSIGHT COMMITTEE
2021-2022 FISCAL YEAR ANNUAL REPORT
RELATED TO MEASURE P
I. INTRODUCTION
T
he City of Foster City voters passed Measure P on the June 5, 2018 ballot, which authorizes the City to issue $90,000,000 aggregate principal amount of general obligation bonds to fund improvements to the City’s Levee system. To date, the City has issued $85,000,000 in bonds. The Levee improvements will allow Foster City to maintain FEMA accreditation and will also protect essential city services during storms or earthquake damage. The Measure P Election was conducted under California Government Code Section 53411. Pursuant to Section 2 of the City Resolution No. 2018- 15 of the City Council of the City of Foster City, the City is obligated to establish a citizens’ oversight committee to review all expenditures of the bond proceeds. Section 2, Fiscal Accountability, reads as follows:
T
he expenditure of bond proceeds to construct the levee system improvements will be subject to strict financial accountability requirements, including review of all expenditures of bond proceeds by a citizens’ oversight committee, and annual reports pursuant to Government Code Section 53411. The citizens’ oversight committee, composed of citizens appointed by the City Council, will ensure the bond proceeds are spent for their authorized purposes, and meet at least two times per calendar year and will submit at minimum two times a year a written report to the City Council and the public on the bond expenditures.
At the December 16, 2019 City Council meeting, the City Council of the City of Foster City established the Independent Citizens’ Bond Oversight Committee and Bylaws were adopted. The Bylaws specify the Committee’s purview within Section 3. Duties and Section 4. Authorized Activities, respectively as follows:
Attachment 2
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3.1 Inform the Public . The Committee shall inform the public concerning the City’s expenditure of bond proceeds. In fulfilling this duty, all official communications to either the City Council or the public shall come from the Chair acting on behalf of the Committee. The Chair shall only release information that reflects the majority view of the Committee.
3.2 Review Expenditures. The Committee shall review expenditure reports produced by the City to ensure that bond proceeds were expended only for the purposes set forth in Measure P.
3.3 Bi-Annual Reports. The Committee may, from time to time and on an as -needed basis, submit written reports to the City Council, which the Council shall review in public session. Additionally, the Committee shall present to the City Council, in public session, at least two written reports annually, which shall include the following:
a) A statement indicating whether the City is in compliance with the requirements of Measure P; and
b) A summary of the Committee’s proceedings and activities since its last report to the Council.
4.1 In order to perform the duties set forth in Section 3, the Committee may engage in the following authorized activities:
a) Receive copies of the City’s annual independent performance audit and annual independent financial audit (“Audits”) at the same time Audits are submitted to the City and review the Audits.
b) Inspect City facilities and property where bond proceeds have been or will be expended, in accordance with any access procedure established by the City’s Public Works Director or designee.
c) Review efforts by the City to maximize bond proceeds by implementing various cost-saving measures, as applicable.
II. CURRENT MEMBERSHIP OF THE INDEPENDENT CITIZEN’S OVERSIGHT
COMMITTEE
Bob Fitzgerald, Chairperson
Al DeGroot, Vice-Chairperson
Qing Liu, Member
Sanford Heisler, Member
III. SUMMARY OF PROCEEDINGS AND ACTIVITIES
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The Independent Citizens’ Bond Oversight Committee has met quarterly to review and discuss information pertaining to the Levee Project expenditures. Below is a summary of the Committee’s proceedings and activities for the 2021-2022 fiscal year.
Meeting Date Summary
October 28, 2021 Review and discussion of the First Quarter expenditures for FY21/22 (July 1, 2021 through September 30, 2021).
Reviewed Draft Annual Report for FY2020-2021
January 27, 2022 Committee selected Chair and Vice Chair position.
Review and discussion of the Second Quarter expenditures for FY21/22 (October 1, 2021 through December 31, 2021).
Discussion of Audit Procedures
April 28, 2022 Review and discussion of the Third Quarter expenditures for FY21/22 (January 1, 2022 through March 31, 2022) .
July 28, 2022 Review and discussion of the Fourth Quarterly Expenditures for FY 2021/2022 (April 1, 2022 through June 30, 2022).
Discuss preparation of Annual Report No. 2 for FY 2021-2022 October 27, 2022 Review and discussion of the First Quarter Expenditures for FY 2022/2023.
Approved the Annual Report for FY 2021-2022 to City Council.
Each meeting has been conducted in compliance with the Brown Act. The meetings have been open to the public and formally scheduled with agendas duly posted and noticed.
Meeting minutes have been taken, approved and posted on the City’s webpage. In addition, individual committee members have taken the opportunity to visit the project site to view progress.
IV. STATEMENT OF COMPLIANCE
The members of the Bond Oversight Committee have reviewed the expenditure reports produced by the City for the four quarters of FY2021-2022 and the first quarter of 2023.
Fixed Contracts
Since the project inception, the City has issued fixed contracts in the total amount of $72,615,527.97. The total billed to date on these contracts is $56,492,236.38 Active fixed contracts are billed as monthly progress payments based on the completion of work.
These monthly progress payments are reviewed by the Committee on a quarterly basis.
The Committee has found the progress payments to be consistent with the completion of work. The members of the Bond Oversight Committee have reviewed the expenditure 186
reports produced by the City for Fixed Contracts since September 2015 through September 30, 2022.
The Bond Oversight Committee finds that the expenditures for fixed contracts are in compliance with the requirements of Measure P. The Bond Oversight Committee further finds that bond proceeds from Measure P in regards to fixed contracts have been expended only for the purposes set forth in Measure P.
Time and Material Contracts
There is a time and material contract with Tanner Pacific, Inc. for construction management services in the amount of $7,490,377 of which $5,455,124.51 has been paid to date. In addition, there have been three different time & material contracts with Schaaf & Wheeler to provide Pre-Design (Phase I), Final Design (Phase II) and Bidding, Construction Support and Project Closeout Services (Phase III). Schaaf & Wheeler issued separate contracts to Consultants which were required to assist Schaaf & Wheeler to complete their work. These separate contracts, as well as the work done directly by Schaaf & Wheeler, are provided on a cost plus basis with total cost not to exceed the contract amounts. Each sub-consultant provides separate progress payment requests to Schaaf & Wheeler, which are then included as reimbursables in the Schaaf & Wheeler progress payment request to the City. The total amount of these contracts is $7,500,459.59, of which $6,536,103.15 has been paid to date.
It should be noted that, up to this date, no detailed review of any individual progress payments submitted by either Tanner Pacific, Inc. or Schaaf & Wheeler, or its consultants, for accuracy as regards to labor hours, rates, reimbursables, markups or other charges to ascertain their compliance with terms of the time and material contracts has been done. It should be considered at what point in the project this review will be done, however it is noted that the Committee met previously to discuss the time and materials random audit and did not support moving forward with the audit work. It should also be noted that the original request for Contract Amendment No. 1 to the Phase II contract was $990,000, for expenses already incurred by Schaaf & Wheeler and its consultants above and beyond the original contract amount of $2,324,286. Schaaf & Wheeler subsequently agreed to accept $529,150 as full payment for these expenses, a reduction of $460,850.
A reduction of this amount, for expenses which had already occurred is unusual and warrants further review and explanation.
Due to the lack of information noted above, the Bond Oversight Committee cannot determine at this time whether or not the Tanner Pacific, Inc. or Schaaf & Wheeler contracts are in compliance with the requirements of Measure P.
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DATE: November 21, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services
SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - OCTOBER 2022 - GENERAL UPDATE
RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.
EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.
Highlights of Project progress and pictures, since the last City Council update on October 17, 2022, are included in the attached Construction Managers Report and listed below:
The Contractor has commenced work at Access Point 2 in Baywinds Park. This work has been coordinated with the Recreational Water Users (RWU), who use Baywinds Park to access the Bay, to 188
minimize impacts and construct the improvements during RWU low season use of Bay. Favorable low tides in November have provided the Contractor the window of opportunity to complete work as quickly as possible.
Preliminary landscaping and irrigation work, including investigation of irrigation lines owned by adjacent property owners and HOA’s have been completed. The Contractor has begun the installation of landscaping in Phases I and II. Much of the Contractors’ operations continue to be focused within Phase 1 of the Project in order to complete work prior to regulatory agency annual required stop work date of February 1, 2023.
The Contractor continues to work along Beach Park Boulevard.
Completed and upcoming work along Beach Park Boulevard as part of Phase II includes, but not limited to, trail slope fine grading, erosion control fabric, placement of mulch, ice plant planting, construction of bay side paths and access points, earthen levee near and adjacent to Shorebird Park, streetlight foundations, irrigation and landscaping. The Contractor has nearly completed the installation of the streetlights but will still need to complete all the streetlight and electrical conductor wiring installations prior to energizing the lights. The Contractor is working at various access points within Phases I adjacent to Homeowner Associations and II along Beach Park Boulevard. The work located at the access points is slow and deliberate (but necessary) to meet accessible slope grades and walkway widths required by the Americans with Disabilities Act (ADA) and local Certified Access Specialists (CASp) standards. Fine grading of trail subgrade and providing and compacting base material in anticipation of upcoming paving operations and decomposed granite placement on Phases I and II of the Bay trail. The Contractor has completed approximately 3.9 miles of the 4.2 miles (92% completion) of the revised concrete cap for the top of installed sheet piles (CCO #9; $110K and #10; $932K). The concrete cap along Beach Park Boulevard as part of Phase II of the Project and within Phase 1 has been completed. The concrete cap remaining to be constructed is in Phase III between Baywinds Park and San Mateo Bridge.
Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project. Staff is coordinating with school officials about any proposed changes for the 2022-23 school year.
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Current Schedule Timeline
Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Closure - Opening: October 2020 - April 2023* Phase 2 Bay Trail Closure - Opening: January 2021 – April 2023* Phase 3 Bay Trail Closure - Opening: April 2021 – April 2023* Project Substantial Completion: August 2023
Project Completion: January 2024
*Staff is anticipating a schedule update from the Contractor, which will provide more insight to the estimated substantial and final completion dates. For scheduling purposes ad to update existing early estimates of trail opening dates until Contractor has provided actual trail opening updates, trail openings are to be shown for April 2023 to satisfy BCDC permit requirements.
Updates to trail opening dates are not a reflection of a Project delay.
PROJECT BUDGET AND COST/EXPENSES
The Project continues to be on time and within budget and expenses continue to trend as anticipated.
Summary of known costs to date:
Total Budget/ Bond Measure: Forecast Expenditure = $87M; Bond Measure = $90M; Bonds Released = $85M; Additional City reserves for Project if necessary = $10M
Bid: Shimmick: $60.2M; and $9M contingency for change orders. Payments as of 10/31/2022: Shimmick:$54.4M; Others:$14.4M; Total:$68.8M
Change Orders Approved as of 11/7/2022: CCO Nos. 1-28 = $8.5M Change Orders Anticipated: To Be Determined
FISCAL IMPACT
Fiscal impacts to the Project are presented to City Council as a separate agenda item with a recommended action to take from City staff. Staff has requested an amendment to Schaaf & Wheeler Phase III contract to be authorized by City Council as a separate City Council Agenda Item for the November 21, 2022, meeting.
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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.
Attachments:
Attachment 1 - Monthly Construction Manager's Report October 2022
Attachment 2 - Expenditure Report as of October 31, 2022 Attachment 3 - Memorandum and Communications Metrics - October 2022 Dashboard Report
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MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: October 1-31, 2022 CM: Tanner Pacific, Inc.
Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):
Days Elapsed: 764 % Elapsed: 63.7%
Substantial Final
Completion Completion
Date: Date:
Original Contract Approved Revised
Contract
Value: CCOs: Value:
Contingency: $9,000,000.00 Remaining
Contingency: $ 536,447.50 % Contingency
Used: 94%
Costs Billed to Date: $51,655,038.89 % of Contract
Billed to Date: 75%
$60,218,000.00 $ 8,463,552.50 $68,681,552.50
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 436
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1
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MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
Receipt and processing of initial handrail submittals for southern portion of the project (Bird Nesting Restricted area)
Continued import and placement of rock slope protection (rip rap) along Beach Park Blvd Continued rebar and concrete placement for Access Point stairs along Beach Park Blvd Closure of Access Point 02 for ramp construction near Baywinds Park Placement of the wood decking on the Access Point 09 Pedestrian Bridge near Bayside Towers Additional streetlight foundation work along Beach Park Blvd Initial landscape soil preparation work around Shorebird Park Initial soil preparation for landscape work around Sea Cloud Park Permanent irrigation installation from ~Sta. 343+00 - ~Sta. 276+00 (Southern Project Limit to Baffin St.)
Irrigation installation for mitigation planting around O’Neill Slough Slough-side grading along O’Neill Slough
Construction of Egress Bridge (AP 42) parapet walls
Continued fine-grading in the southern portion of the project (Bird Nesting Restricted area) Upcoming:
Continued submittals for signage, striping, and site furnishings Continued import of materials to staging areas
Continued construction of Retaining Wall 02 (northwest of the SM Bridge) Access Point 02 ramp construction (near Baywinds Park) Continued construction of bay-side paths along Floodwall 12 (Beach Park Blvd) Continued access point flatwork (concrete ramps and stairs) along Beach Park Blvd Completion of street light foundations along Beach Park Blvd Completion of streetlight installation along Beach Park Blvd Wiring and energizing of streetlights along Beach Park Blvd Access Point 16 retaining wall construction completion along Beach Park Blvd Access Point 24 Retaining Wall construction completion near Sta. 185+00 (north of Shorebird Park)
Landscaping work along the southern project section (Shorebird Park to Southern Project Limit)
Access Point flatwork (concrete ramps and stairs) south of Shorebird Park Sheet pile concrete cap construction on Floodwall 22 (Egress Bridge to Southern Project Limit) Installation of Floodbreak barrier at AP 42 (Egress Bridge) Placement of Floodwall 20 and 21 concrete at AP 42 (Egress Bridge) Completion of fine-grading in preparation for paving work from Shorebird Park to Southern Project Limit)
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MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Wood decking installed at AP 9 pedestrian bridge
near Bayside Towers
Fine grading operations south of Sea Cloud Park
Rebar placement at Floodwall 20 and 21 near AP 42
(Egress Bridge)
Irrigation installation along the trail edge south of
Gateshead Park
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Levee Project Approved Budget: 85,000,000.00$ 3,608,745.00$ Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
10/31/22
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $54,373,804.11 $8,463,552.50 $536,447.50 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $5,717,697.09 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 608,745.00$ 3,208,745.00$ 3,100,000.00$ $2,135,643.56 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $439,006.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 561,600.00$ -$ -$ 561,600.00$ 561,600.00$ $215,802.00 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ 127,056.00$ $98,928.44 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 133,408.80$ 133,408.80$ 133,408.80$ $22,272.40 Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $24,156.50 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $45,928.25 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 40,000.00$ 40,000.00$ $65,793.45 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $24,401.02 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $175,548.55 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $392,275.12 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $3,513,029.01 $3,513,029.01 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed 74,759,448.21$ 9,389,061.00$ 87,665,987.56$ $68,754,400.29 *Includes former City Attorney fees
**Assumes 3 years ($187,200 each year) Total Contract Authority Cost: 87,186,068.21$ Levee Project - Budget Cost: 87,665,987.56$ Assuming using all contingencies
CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information
Attachment 2
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City of Foster City
MEMORANDUM
DATE: November 8, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Nentwig, Principal, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of October 2022.
As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.
I would like to highlight a few items of note:
• The City gained approximately 186 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E-Newsletter) in October 2022.
• The number of Levee Project inquiries totaled 11 in October 2022. The total number of inquiries has continued to decrease since August 2022. • Overall post reach is the highest since June 2022. This is largely due to an increase in Tweets. Because of Twitter’s character limit, some posts had to be published in a series of Tweets, known as a thread. With more calls to action to the community to report trespassing and damaged project fencing, more posts had to be published using threads.
• There have been no new levee petition signatures since August 2021.
Attachment 3
196
• The project team helped facilitate communications b etween the project team and BCDC regarding work in the Recreational Water User area.
Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.
During October 2022, the number of project inquiries continued to decrease. Though there has been an increase in weekend work, the decrease in inquiries shows that the project team’s communications regarding upcoming work and construction activities remains effective. Additionally, the project team remains committed to updating the regular channels, including the project website, with any project updates and milestones.
As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report one -on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs.
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1 Levee Project CommunicationsPrepared by: Danielle RodriguezMonthly Dashboard ReportOctober 2022 FOLLOWERS / SUBSCRIBERSCity FacebookCity TwitterCity Instagram [1]City Nextdoor [2]Levee E-Newsletter Total Audience2020 - November1,8041,385- - 8022020 - December1,8291,392- - 8022021 - January1,8791,4121,35013,5061,0072021 - February1,9191,4251,38513,7011,0952021 - March2,0591,4311,47913,8311,1082021 - April2,1091,4541,51013,9571,1612021 - May2,1221,4571,51414,1281,1822021 - June2,1351,4581,53114,1861,1922021 - July2,1681,4731,54714,2931,1952021 - August2,1741,4841,56514,3811,2002021 - September2,4001,4931,58714,4931,2022021 - October2,4131,5121,61714,5951,2002021 - November2,4361,5251,63414,6911,2032021 - December2,4451,5311,65314,7291,2072022 - January2,4591,5351,67014,7661,2172022 - February2,4671,5431,68414,8311,2212022 - March2,4781,5521,70414,8951,2292022 - April2,5001,5761,71514,9811,2332022 - May2,5251,5851,73815,0791,2392022 - June2,5721,5971,78015,1831,2452022 - July2,6151,6221,81615,3331,2442022 - August2,6621,6441,86515,4541,2422022 - September2,6801,6491,88715,5581,2482022 - October [3]2,6971,6331,93515,6741,253 LEVEE COMMUNITY FORUMSCOMMUNITY UPDATE WEBINARS# Webinars# Participants# Questions Answered via Webinar PROJECT TOURS/ SPEAKING EVENTS [4]# of EventsDescription2020 - November- - - 2022 - January2 1 Project Tour with the City of Corte Madera, 1 Presentation to APWA Silicon Valley [5]2020 - December- - - 2022 - February5 4 Project Tours with the City of Foster City City Council, 1 Presentation to Hillsdale United Methodist Church [6]2021 - January1 148 20 2022 - March2 1 Presentation to County Engineers Association, 1 Presentation at 2022 Silicon Valley Women in Engineering Conference [7]2021 - February1 97 45 2022 - April2 1 Presentation at the Ciy's Parks & Recreation Meeting, 1 Presentation at Infraday [8]2021 - March1 48 20 2022 - May1 1 Presentation to Foster City Rotary Club [9]2021 - April1 28 20 2022 - June1 1 Project Tour with Marin County Public Works [10]2021 - June0 0 0 2022 - July0 - [11]2021 - July0 0 0 2022 - August1 City Manager Tour [12]2021 - August1 20 20 2022 - September2 1 Panel at the San Mateo County Council of Cities Event, 1 Presentation to Project Management Institute (PMI) [13]2021 - September0 0 0 2022 - October0 - [14]2021 - October0 0 02021 - November0 0 02021 - December0 0 02022 - January0 0 02022 - February0 0 02022 - March0 0 02022 - April0 0 02022 - May0 0 02022 - June0 0 02022 - July0 0 02022 - August0 0 02022 - September0 0 02022 - October0 0 0 NUMBER OF LEVEE EMAILS/CALLSProject Email/Hotline ContactsAvg. Email/Hotline Contacts/Day2020 - November15 0.52020 - December25 0.82021 - January69 2.22021 - February53 1.92021 - March46 1.52021 - April21 0.72021 - May22 0.72021 - June16 0.52021 - July48 1.52021 - August16 0.52021 - September16 0.52021 - October8 0.22021 - November14 0.42021 - December8 0.22022 - January4 0.12022 - February8 0.22022 - March12 0.32022 - April7 0.22022 - May15 0.42022 - June7 0.22022 - July6 0.12022 - August15 0.42022 - September13 0.42022 - October11 [15]0.3 NUMBER OF LEVEE PROJECT POSTS [16]City FacebookCity Twitter [17]City Instagram*City Nextdoor2020 - November1 1 0 02020 - December4 4 0 12021 - January8 7 5 22021 - February7 12 7 12021 - March12 21 9 22021 - April7 20 4 162021 - May5 8 1 72021 - June8 13 2 32021 - July9 17 2 22021 - August9 18 1 12021 - September10 16 0 02021 - October7 9 0 02021 - November10 10 0 12021 - December9 9 0 02022 - January7 9 0 02022 - February8 9 0 12022 - March11 11 1 12022 - April8 9 0 02022 - May9 10 0 02022 - June8 9 0 12022 - July10 10 0 12022 - August9 9 0 02022 - September9 12 0 02022 - October9 18 [18]0 0*During the months October - December 2020 the City did not post levee related items on the City's Instagram page. In January 2021, Tripepi Smith made the first levee related post. 198
2 LEVEE POST IMPRESSIONS/REACHCity Facebook - Post ReachCity Twitter - ImpressionsCity Instagram - Impressions [19]City NextdoorTOTAL2020 - November259 399 0 0 6582020 - December1,3001,3910 2447*2,6912021 - January61,00615,9492161192281,0382021 - February17,492**3,7112,192924 6,8272021 - March60,1558,7533,5552,28274,7452021 - April11,8385,5431,49610,78929,6662021 - May1,4352,786346 5,1469,7132021 - June2,0083,377545 2,6488,5782021 - July8,8354,643599 1,71515,7922021 - August3,3494,318340 967 8,9742021 - September1,8082,5680 0 4,3762021 - October3,7961,2570 0 5,0532021 - November3,7221,8090 1,5547,0852021 - December4,4411,3970 0 5,8382022 - January869 1,2650 0 2,1342022 - February2,7011,0780 1,0624,8412022 - March1,4751,293355 797 3,9202022 - April6,4401,2140 0 7,6542022 - May3,0471,5290 0 4,5762022 - June1,6531,3050 943 3,9012022 - July996 1,2640 674 2,9342022 - August1,0731,1910 0 2,2642022 - September1,9891,4870 0 3,4762022 - October1,622 [20]2,006 [21]0 0 3,628 [22] LEVEE POST ENGAGEMENT [23]City Facebook - Post EngagementsCity Twitter - EngagementsCity InstagramCity Nextdoor - Thanks & RepliesTOTAL2020 - November13 7 0 0 202020 - December63 90 0 17 1702021 - January3,776604 2,10113 6,4942021 - February1,278142 2,0193 3,4422021 - March2,801183 3,2911 6,2762021 - April1,192100 1,33311 2,6362021 - May65 67 309 2 4432021 - June87 60 94 13 2542021 - July875 161 13 4 1,0532021 - August90 122 13 1 2262021 - September46 37 0 0 832021 - October128 52 0 0 1802021 - November284 66 0 4 3542021 - December108 21 0 0 1292022 - January85 61 0 0 1462022 - February159 27 0 2 1882022 - March90 26 6 0 1222022 - April411 34 0 0 4452022 - May395 52 0 0 4472022 - June125 54 0 3 1822022 - July16 35 0 1 522022 - August7 37 0 0 442022 - September48 37 0 0 852022 - October27 36 0 0 63 [24] LEVEE WEBSITE ANALYTICS2020 - November # of Vistors2020 - December # of Vistors2021 - January # of Vistors2021 - February # of Vistors2021 - March # of Vistors2021 - April # of Vistors2021 - May # of Vistors2021 - June # of Vistors2021 - July # of Vistors2021 - August # of Vistors2021 - September # of Vistors2021 - October # of Vistors2021 - November # of Vistors2021 - December # of Vistors2022 - January # of Vistors2022 - February # of Vistors2022 - March # of Vistors2022 - April # of Vistors2022 - May # of Vistors2022 - June # of Vistors2022 - July # of Vistors2022 - August # of Vistors2022 - September # of Vistors2022 - October # of VistorsAverage Visits Per DayAverage Visit Length (Minutes)fostercity.org [25]294034234601- - - - - - - - - - - - - - - - - - - - - - -fostercitylevee.org [26]- - - 4,3299,1454,5014,163 4,9424,9263,7672,790 2,6372,7522,1103,0133,0172,6283,5684,8274,9424,1633,3503,2753,07099 1:43 LEVEE PETITIONPetition Signatures2021 - February2,7192021 - March2,7192021 - April2,7202021 - May2,7222021 - June2,7222021 - July2,7232021 - August2,7222021 - September2,7222021 - October2,7222021 - November2,7222021 - December2,7222022 - January2,7212022 - February2,7212022 - March2,7212022 - April2,7212022 - May2,7212022 - June2,7212022 - July2,7212022 - August2,7212022 - September2,7212022 - October [27]2,721
TOP LEVEE PROJECT SOCIAL MEDIA POSTS
City FacebookThe top Levee Improvements Project Facebook post was a recap post highlighting the project team's participation in the San Mateo County Council of Cities event hosted City TwitterThe top project related Tweet in October 2022 promoted the project website and its resources. Other popular Tweets from the month highlight the Beach Park Boulevard safety video by Foster City. Other top posts on the Safety Tip of the Week included call to actions to the community to report trespassing and damaged fencing at the project site.as part of the Safety Tip of the Week while another top Tweet called attention to a new animated video highlighting the project's history and progress so far.
City InstagramThe Levee Improvements Project did not post on Instagram in October 2022. 199
3 Zencity Insights
Most Popular Topics: Conversation items classified by topic, arranged from highest number of interactions to lowest.Popular Words: The words that appear most frequently across your channels.
NOTABLE LEVEE PROJECT MEDIA MENTIONSPlatformGroupPost URLFacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1074784156556475/?__cft__[0]=AZUccUu_MZTXZJSQanN3IVrRdHHY82FHrsKuqE9CdDqIUhBf5Ii6VSPxlm-wPw419Zddkbdu81x8KIyBFZGKA0b_ewEyhfN-RGP0gBV7oKSKA2_fiPYOMWuQ7Rfm1n6K4JA5FIUzQb-Kv-ErE4x8evdc&__tn__=%2CO%2CP-R FacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1080869749281249/?__cft__[0]=AZXp43qHDYvjEDsEd4aebX9eTbKmukpJm8JmnUj4GiZnaEEvwR9ru-06dYhbFXwPAXFcBUswvnqT9wvsjeq-tG76U54TPQpwzoIaTWonUvfQKhV1fVzVWxE5A9Nmi4nDbijNrgTVExQ-jwu3AeFf2uoU&__tn__=%2CO%2CP-R FacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1085100368858187/?__cft__[0]=AZWDlPz7SsIWXhPF7NbIX3B0ioS81koESNeZqYhlAZ55jrKGGERXi8mZmeXdbhZVve8coUY22NpJRX8pHqGx54P_zfZYhI52r8uoq8Tlqy-MLX0KY_GakDR_LOgDGN3gU-o5FiNqhEL5ptwIUQc-v-8m&__tn__=%2CO%2CP-R FacebookFoster City Together https://www.facebook.com/groups/fostercitytogether/posts/1091438708224353/?__cft__[0]=AZUd8rafyeVkpO-ZDPmPaynn3RidHaBw8wHcv_qtjA5tTlCdWFt6Hak3vrtCsRWwOgVnhy4ExnQYTvSRIF_whnJDXeziyN9T46lGsiKZF6GJ3urRz3TYTOgPEh-C-EN6jNsxkx8VbB3oXunP01jpkT0vgqQv60Qh2oEE2dIYGzawvA&__tn__=%2CO%2CP-R FacebookBay Area Kiteboarding https://www.facebook.com/groups/BayAreaKiteBoarding/posts/8312711758770945/?__cft__[0]=AZUk1SQCkgJhoOwcBS4e82m9QxewzjlZU9haSLZPjJWTdZRFPYYSf_owIaXN2twjLI6WOrpHjgnw25zCDViF9NF8q6A-ziiClddk-CjjepRGtn-0_G8WHg6ejgmtmS8SdxUX45852DQlNStxygS0KwtFClHyYCAY0tEDJ9SbwDRdRg&__tn__=%2CO%2CP-R OTHER NOTABLE LEVEE PROJECT SUPPORTSocial media monitoring Since January 2021, Tripepi Smith began monitoring the City's social media sites daily to ensure items relating to the Levee Project are intact and to ensure there is no misinformation being shared. Tripepi Smith has been able to comment back to several followers regarding questions or clarification. RWU communication supportTripepi Smith Smith Director Jennifer Nentwig and Business Analyst Danielle Rodriguez helped facilitate discussion and talking points between the project team and BCDC. Tripepi Smith then updated the project website, newsletter and other materials with new information updates from the discussions. 200
4 [1] Due to the recent connectivity with Sprout Social, the metrics generator, we were unable to retrieve the followers metrics for previous months. [2] Nextdoor metrics does not archive the previous months members metric. It must be calculated at the first of the month. [3] Followers/subscribers increased across most platforms in October 2022. [4] This is a new section as of January 2022.
[5] The Levee Improvements Project team took the City of Corte Madera's Public Works Director, Planning Manager and Senior Civil Engineer on a tour of the project site. [6] The Levee Improvements Project team took the Foster City City Council on four separate project tours in February 2022, which is also where Mayor Awasthi filmed an episode of "The Mayoral Minute." Additionally Public Works Director Louis Sun and Senior Civil Engineer Francine Magno gave a presentation to Hillsdale United Methodist Church. [7] The Levee Improvements Project team participated at the 2022 CEAC Spring Conference. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference in March 2022. [8] Senior Civil Engineer Francine Magno provided a levee update at the City's Parks & Recreation meeting and Public Works Director Louis Sun gave a presentation at the Infraday Conference in Los Angeles. [9] Public Works Director Louis Sun and Senior Civil Engineer Francine Magno provided a levee update to the Foster City Rotary Club. [10] Senior Civil Engineer Francine Magno and Tanner Pacific, Inc. coordinated a project tour with representatives from Marin County Public Works. [11] The project team did not conduct tours or presentations in July 2022, though future events are being planned to take place in the coming months. [12] The project team conducted a tour with City Manager Stefan Chatwin in August 2022. [13] Members of the project team participated in a panel event for the San Mateo County Council of Cities, hosted by the City of Foster City. Panelists included Mayor Richa Awasthi, Public Works Director Louis Sun and Senior Civil Engineer Francine Magno.
Public Works Director Louis Sun and TPI Construction Manager Jonathan Tristao gave a virtual presentation for the Project Management Institute, where 75 participants learned about the project. [14] Though Congresswoman Speier was scheduled to tour the project site in October 2022, the visit will be rescheduled to a later date. [15] The total number of inquiries has continued to decrease since August 2022. Overall, total number of inquiries remains relatively low. [16] Number of posts is only relating to the Levee Improvements Project. [17] Due to the character limit on Twitter, some Tweets had to be posted in a thread (series of Tweets about one topic). [18] Due to Twitter's character limit, some posts were published in a series of Tweets, also known as a thread. [19] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [20] September 2022 Facebook post reach is the highest since May 2022. This months posts featured newer graphics and included major project updates, like upcoming work in the Recreational Water User area. [21] Twitter impressions in October 2022 are the highest since September 2021. This is largely due to the increase in number of Tweets. Because of Twitter's character limit, some posts were published in a series of Tweets, also known as a thread.
[22] Total number of post reach/impressions are the highest since June 2022. This is largely due to well performing Facebook posts and an increase in Tweets, driving the number of overall impressions.
[23] Facebook Engagement: Calculated based on the number of likes, comments, shares, and clicks your posts are generating Instagram Engagement: Anytime a user likes, shares or comments on one of your posts.
Twitter Engagement: Total number of times users interacted with a Tweet (clicks anywhere on the Tweet including Retweets, replies, follows, likes, links, cards, hashtags, embedded media, username, profile photo, or Tweet expansion). [24] Though overall post engagement decreased from the month prior, the total number of engagement remains comparable with prior months. [25] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates 201
5 [25] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates [26] The new Foster City Levee Project webpage was created in Feb. 2020. There was no data from Oct. - January. However, data will only populate under this new website from Feb. on. [27] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 202
DATE: November 21, 2022
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
FROM: Stefan Chatwin, City Manager
Louis Sun, Public Works Director
SUBJECT: WASTEWATER TREATMENT PLANT MASTER PLAN
IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER
PROGRAM - UPDATE FOR QUARTER 3 – JULY THROUGH
SEPTEMBER 2022
RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) by minute order, receive and accept this progress update on the Clean Water Program (CWP). No further action is required by the Board of Directors.
EXECUTIVE SUMMARY
This report summarizes the progress-to-date of the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455-652) - Clean Water Program for the San Mateo Wastewater Treatment Plant (WWTP) for the months of July 2022 through September 2022. The report includes summary information about construction and other project activities over the third quarter of the calendar year.
BACKGROUND
203
The CWP is a comprehensive capital improvement program to rehabilitate the sanitary sewer collection system in the City of San Mateo and the treatment systems at the San Mateo WWTP. EMID has 24.12% ownership of the WWTP. In October 2014, the City of San Mateo retained Jacobs to serve as the Program Manager responsible for overseeing the management of the approximately $1 billion-dollar combined program, including the coordination of the design, construction, and start-up activities of this multi-year project.
To remain apprised of the progress of the portion of the CWP for which EMID is responsible (i.e., WWTP Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project (WWTP Expansion Project)), the EMID Board of Directors requested that staff provide updates on a regular basis. The WWTP Expansion Project is being performed using a Construction Manager at Risk (CMAR) delivery method, whereby the contractor is involved in the project early in the design process and the City/District benefits from the contractor providing constructability input and insight to inform the design development.
The Program Manager and Construction Manager is Jacobs. The WWTP Expansion Project Design Engineer is HDR. The team for the disinfection improvements portion of the WWTP Expansion Project is Trussell Technologies. HDR is also providing Engineering Services During Construction (ESDC). The CMAR is Sundt (https://www.sundt.com)
ANALYSIS
Construction is progressing well overall. In construction Package 1 – Site Preparation (Original Agreement with Sundt Construction Inc.), the work was completed within the final completion date of July 1, 2022. Some minor paving work remaining will be incorporated into Package 3. The Package 1 contract is currently in the closeout phase.
The construction Package 2 – The contract for the Foundation Piles package (Amendment No. 1 to the Agreement with Sundt) is currently in the closeout phase.
In construction Package 3 – WWTP Facilities (Amendment No. 2 to the Agreement with Sundt), work has progressed significantly. Some of the major ongoing work includes forming, installing rebar, placing concrete for slabs, walls, columns, and decks, yard piping, process mechanical, plumbing, and electrical work throughout the treatment structure. Approximately 28,000 204
cubic yards (CY) of concrete have been placed to date (88% of the 32,000 CY total). Construction of the Administration Building is progressing well, including installation of site utilities, interior utilities, and framing of interior walls. The Administration building is anticipated to be complete in spring 2023. Construction of the warehouse building has started with installation of the foundation piles and slab. Other ongoing general sitewide work includes potholing, and earthwork (excavation, rough and fine grading, and backfilling). Additionally, meetings are being held to discuss the training plan for the start-up and commissioning activities of the plant, including roles and responsibilities. The work under Package 3 is anticipated to be complete within the current contract completion date.
QUARTERLY CONSTRUCTION REPORT
Attachment 1 consists of selected portions of the Quarterly Progress Report for July through September 2022 published by the Program Management Team on October 19, 2022, summarizing the budget, schedule, and project activities that have occurred during the third quarter of 2022 and activities that are anticipated to occur in the fourth quarter of 2022 for the following projects:
WWTP Expansion Project (comprised of three separate bid packages: GMP-1, GMP-2, and GMP-3),
Immediate Action Projects (IAPs), and
Annual Major Component Projects (AMCs).
Attachment 2 consists of a site plan showing the locations of the various process units being constructed as part of the projects.
Attachment 3 includes photographs of construction activities at the site over the past 3 months.
More detailed information, including additional photographs and architectural renderings of the completed WWTP Expansion Project as well as two additional real time video cameras showing the active construction, are available on the Clean Water Program Project site:
https://cleanwaterprogramsanmateo.org/wwtp/.
FINANCING
The Program through the San Mateo-Foster City Public Financing Authority 205
(“PFA”) is obtaining additional financing through the two programs as described below:
Water Infrastructure Finance and Innovation Act (WIFIA) - The PFA approved the close of the WIFIA loan in November 2020 in the total amount of $277.2 million (San Mateo share is $210.4 million and EMID share is $67.8 million).
The WIFIA loan has excellent rates (1.32% for San Mateo and 1.14% for EMID). We have until 8/1/25 to start drawing on the WIFIA loan.
2021 Wastewater Revenue Notes, Series A (Estero Municipal Improvement District) - On July 1, 2021, the San Mateo-Foster City Public Financing Authority issued $62.76 million of 2021 Wastewater Revenue Notes, Series A (Estero Municipal Improvement District) to attain a cost savings (from lower interest rates than the WIFIA loan) of approximately $1.1 million for the financing of EMID’s share of WWTP project costs. These notes have a maturity date of 8/1/25 when the City will draw on the WIFIA Loan to take out the notes.
State Revolving Fund (SRF) –The SRF loan package was approved by the State. These funds are now available as part of the financial strategy for the project.
FISCAL IMPACT
There is no fiscal impact associated with this update.
CITY COUNCIL VALUE/PRIORITY AREA
This item is in alignment with the “Facilities and Infrastructure Initiative” value priority area. The key outcome is to continue to make progress towards delivery of a successful WWTP project on time and budget while meeting regulatory requirements, address aging infrastructure needs, and progressing sustainability goals through production of reusable water.
Attachments:
Attachment 1 – Selected Portions of Quarterly Progress Report – 3rd Quarter Report, July 1, 2022 to September 30, 2022
Attachment 2 – Wastewater Treatment Plant Site Plan
Attachment 3 – Construction Photographs
206
GMP1 – Contract
Contractor Sundt
Award Date 5/6/2019
Construction NTP 6/4/2019
Duration (calendar days) 1124
Contracted Completion Date 7/1/2022
Total Original Contract Amount $33,098,178.00
Contingency Amount $1,725,000.00
Forecast Completion Date 11/1/2022
Current Contracted Amount $34525,194.00
Actual Expended $31,008,684.00
GMP2 – Contract
Contractor Sundt
Award Date 5/4/2020
Construction NTP 5/5/2020
Duration (calendar days) 619
Contracted Completion Date 01/14/2022
Total Original Contract Amount $17,716,049.00
Contingency Amount $1,645,000.00
Forecast Completion Date 11/1/2022
Current Contracted Amount $17,963,767.00
Actual Expended $17,206,534.00
Active Wastewater Treatment Plant Projects
46T003 WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade
Project Description:
The WWTP Upgrade and Expansion Project will replace aging infrastructure, provide capacity for wet weather flows, comply with regulatory requirements, enhance reliability, and produce a higher quality effluent that meets current and future permit requirements and Title 22 recycled water quality. Producing a higher quality effluent will enable the City to develop a water reuse Program.
GMP3 – Contract
Contractor Sundt
Award Date 9/21/2020
Construction NTP 9/22/2020
Duration (calendar days) 1563
Contracted Completion Date 1/2/2025
Total Original Contract Amount $379,880,747.00
Revised Contract Amount $384,089,586.00
Original Contingency Amount $13,900,000.00
Revised Contingency Amount $15,297,282.00
Forecast Completion Date 1/2/2025
Current Contracted Amount $392,261,848.00
Actual Expended $193,923,940.00
Current Period Activities
Project/Construction Management
• Procuring the Air Gap for the domestic waster system. • PG&E and AT&T finished the Utilities Relocation in September,2022. Anticipated to remove old service and c
onnect to new service in October 2022
• Developed a high-level summary project schedule for GMP-3 three-year look-ahead focused on training, and st
art-up and commissioning activities for City’s planning purposes; participated in Sundt's monthly start-up and c
ommissioning planning meeting.
July t hrough September 2022 P A G E 10
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction
Attachment 1
207
• Monthly WWTP update meeting with Foster City management team.
Engineering Design/ Services During Construction
• Interpretive Signage: RHAA working on the final design phase. • ESDC: HDR continued review of submittals and RFIs on all three GMPs; development of design change notices; onsite and remote support by Resident Engineer. .HDR has started the preparation of electronic Operations and Maintenance Manuals
Permitting
• SWPPP: Updates to both the Construction and Industrial SWPPPs were incorporated into the existing WWTP site into Sundt’s CGP.
Public Outreach
• PM/CM and the CWP Public Outreach Lead coordinated on regular project updates to the website, newsletter, social media, etc.
Construction
GMP-1
• All work completed except for some minor paving which will be incorporated into GMP3.Project close out has begun
GMP-2
• Remaining work transferred to GMP3. Project close out is almost completed.
GMP-3
• Electrical, concrete, and minor mechanical work was performed for the new facilities in all areas. • Commissioning meetings were held to continue discussing start-up activities, including roles and responsibilities.
• Yard piping work in the West Corridor continued to the headworks. • Continued potholing in the East Corridor to support upcoming yard piping activities in the area. • Continued pricing for several change events.
• Construction of the Administration Building continued with installation of site utilities , interior utilities and framing of interior walls.
• Construction of warehouse started with installation of foundation piles and slab.
July through September 2022 P A G E 11
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
208
Next Period Activities
Project/Construction Management
• PG&E and AT&T to abandon their old utilities from Detroit Drive. • Complete construction of Detroit Drive water main loop, membrane permeate piping and standpipe material change, and Title 22 recycled water.
• HDR’s to provide additional ESDC services including development of process O&M manuals, process training, expanded discipline-specific Resident Engineer services, and related known scope reflected in the contingency budget.
Engineering Design/Services During Construction
• Interpretive Signage: RHAA to progress to final design. • ESDC: HDR to continue to provide onsite resident engineering services.
Permitting
• Record the WWTP Final Parcel Map with the County upon completion of relocating PG&E and AT&T’s utilities from Detroit Drive (November 2022).
Public Outreach
• Provide project updates to the CWP Public Outreach Lead for monthly newsletter, website, and social media updates.
• Continue as-needed support in response to resident queries via the communication hotline.
Construction
GMP-1
• Close out project
GMP-2
• Close out project.
GMP-3
• Concrete in Areas 51(Headworks), 52 (Primary Clarifiers), 53 (Bio- ACTi Flo), 55 (BNR), 56(MBR), 64 (Odor Control), and 80. (Administration Building)
• Underground electrical in Areas 51, 56, and 64.
• Process mechanical in Areas 52, 53, 55, and 56.
• Continue interior improvements in the Administration building • Continue construction of the Warehouse
• Yard piping – Continue to Install the Membrane Permeate ,Secondary Effluent and utilities to serve the Administration Building.
• Earthwork – excavation, grading, and backfilling.
July through September 2022 P A G E 12
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
209
Risks and Opportunities
• Cal Water’s New Potable Water Main Extension: Cal Water construction of the 3rd Avenue water line extension was completed in February 2022.
• PG&E’s New Primary Service: PG&E’s construction energized the SEMS on February 4, 2022. • Relocation of PG&E’s Utilities from Detroit Drive: PG&E began construction on June 20, 2022, and construction should be completed by the end of October 2022.
July through September 2022 P A G E 13
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
210
Financial Status
Overall EAC continue to trend closer to budget. PM and CM team are managing to reduce this gap.
Millions
Budget $532.71
Actual Cost to date $327.16
Estimate at Completion $539.93
Schedule Status
Part of re-baseline efforts. Current forecast shows to be completed on time in January 2025.
July through September 2022 PA G E 14
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
211
46T009 IAP Package II
Project Description:
Replace and repair aging infrastructure at the WWTP by adding screening, flexibility, and redundancy for WWTP solids processes. The project includes: (1) Mechanical bar screen and repair of concrete wall at the IJB; (2) Effluent PS #1 pumping and piping improvements; (3) replace two of the oldest pumps in PS #1; (4) Cake pumping system: add second cake pumping system; and (5) Second cake hopper system: add a second cake hopper, slide gate, access walkway, and platform.
Current Period Activities
Project/Construction Management
• Coordinated City negotiations with Contractor for time extension / delays.
Work with Contractor to modify the New Hopper
C oordinate Centrifuge Performance Tests
Engineering Design/ Services During Construction
(Various)
• Stantec ESDC ongoing through remainder of construction period.
Permitting
No activities this period.
Public Outreach
No activities this period.
Construction
Immediate Action Projects, Package II (IAP II)
Conduct performance tests for of new centrifuge.
Contractor to remove welded piping and install new piping . Installation of Hopper Modifications
Next Period Activities
Project/Construction Management
Continued change management support.
Engineering Design and Engineering Services During Construction Stantec ESDC ongoing through remainder of construction period. Continue review of submittals and RFI.
Permitting
No activities this period.
July through September 2022 P A G E 23
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
Project Inside
Project Manager Tyler Kirkendall
Project Type Wastewater System
Phase Construction
Design Firm Stantec, HDR
IAP II – Contract
Contractor Myers & Sons
Award Date 2/11/2019
Construction NTP 2/19/2019
Duration (calendar days) 848
Contracted Completion Date 6/14/2021
Contract Amount $6,340,000.00
Contingency Amount $934,000.00
Forecast Completion Date 3/1/2023
Current Contracted Amount $7,098,307
Actual Expended $6,993,195
212
Public Outreach
No activities this period.
Construction
Immediate Action Projects, Package II (IAP II)
Complete acceptance test of new centrifuge.
Complete fix to the piping system
Complete modifications to the sludge hopper
Risks and Opportunities
Sludge Cake Hopper No. 1 has not successfully completed start-up testing. Contractor working to identify issue affecting Cake Pump No. 1 and requested both design engineer and Vendor assistance in their troubleshooting of Cake Pump No. 1. Design Engineer provided new sludge cake measurement technology selection in DC 8, which was issued to the Contractor in September. City contracted with a third party to provide recommendations for fixing the Cake pump. Third party has recommended removal of welded pipe and installation of new piping. Contactor has been instructed to do so. The sludge cake hopper was installed at an elevation that does not match the existing sludge cake hopper and results in conflicts with the City’s existing sludge disposal strategies. The design engineer proposed solutions in an alternatives analysis memorandum, which will be implemented by the Contractor. The Contractor has been awarded a change order to modify hopper. Contractor working on completing the modifications to the Sludge Cake Hopper
Delays to the project by both the sludge cake hopper and sludge cake pumping system will result in significant delays to the project.
Financial Status
Current update shows a slightly overrun of current budget.
Millions
Budget $12.95
Actual Cost to date $12.20
Estimate at Completion $14.96
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipat es construction to be completed by Feb 28, 2023
July through September 2022 P A G E 24
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
213
46T010 IAP Package III
Project Description:
Upgrade aging infrastructure and increase reliability for the effluent PS at the WWTP. Improvements include perform hydraulic analysis on the effluent PS and flow meters; replace MCCs P1, P2, P3, and P4 in the Main Structure Building; add variable-frequency drives (VFDs) and check valves on stormwater pumps; replace check valves (3) for dry weather pumps; replace MCCs/VFDs (4) and control panels (4) for dry weather pumps; and replace doors (3) and windows (10), repair roof, and add HVAC for the PS.
Current Period Activities
Project/Construction Management (City/Jacobs)
Currently working with the low Bidder on Value engineering the project.
Engineering Design/ Services During Construction (HDR)
None reported.
Next Period Activities
Project/Construction Management (City/Jacobs)
Negotiate a Value Engineered Contract with Lower Bidder an if not successful rescope and advertise.
Engineering Design/ Services During Construction
HDR to begin EDSC.
Risks and Opportunities
Value Engineering or Rescoping the project will push out the completion date of the project.
Financial Status
With final design estimate, project shows an overrun of $12.5 million. The PM is working to generate a CRF to move budget funds after the value engineering and or rescoping of the project is completed.
Budget
$2.47
million
Actual Cost to date
$1.18
million
Estimate at Completion $14.99 million
Schedule Status
Current forecast shows final completion on time in October 2023.
July through September 2022 P A G E 25
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering
214
46T090 Annual Major Component WWTP
Project Description:
Maintain reliable plant operations to meet regulatory permit requirement and repair and replace critical WWTP infrastructure.
Operations and maintenance team maintain an active list of potential projects that are implemented as funds are available.
Current Period Activities
Project/Construction Management (City/ Jacobs)
Ongoing construction management of AMC 6 + 23 (Natural Gas Line Replacement and Improvements) Additional AMC project
Update WWTP Biosolids and Energy Management Plan
Digester 1 Improvements
Centrifuge and Centrifuge Feed Pump Replacement
Solids Handling Systems I&C Improvements
Digester Transfer Pump Project
3 Water Pumping Improvements
DAFT Corrosion Improvements
Permitting (Various)
None
Construction
EPS (Exp ress Plumbing Services) Inc. is working on AMC 6 + 23.
Next Period Activities
Project/Construction Management (City/ Jacobs)
Ongoing construction management of AMC 6 + 23
Engineering Design/ Services During Construction
Design Consultants working on the AMC projects
Permitting
none
Construction
Continued construction of AMC 6 + 23.
Risks and Opportunities
AMC 36 Centrifuge Conveyor Replacement is on hold.
July through September 2022 P A G E 26
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering
215
Financial Status
Project shows EAC over budget.by 1.48 million
Millions
Budget $7.34
Actual Cost to date $1.07
Estimate at Completion $1.80 $8.81
Schedule Status
AMC 6 +23 is in construction with an anticipated completion of November 2022. All other AMC Projects are in the predesign phase.
July through September 2022 P A G E 27
216
Completed Projects
Wastewater Treatment Plant Projects
Updated to latest values from EDEN (January 2020)
Name
Start Date
Finish
Date
Actual Cost
469948: SCADA Immediate Projects: Phase 2 (IAP) 1/2/2015 11/25/2015 $1,524,717 469962: Short-Term MCC Replacement Project (IAP) 1/2/2015 11/25/2015 $49,628 469973: Secondary System: Immediate Projects: SCs 1-4 and return- activated sludge Pump Values (IAP)
1/2/2015 11/25/2015 $426,918
469975: Solids: Immediate Projects: GT 1&2 (IAP) 1/2/2015 11/25/2015 $372,358 469976: Immediate Projects: Boiler Replacement 1/2/2015 4/29/2016 $475,296 469978: Solids Building: Immediate. Projects: Centrifuge Hoist Project (IAP) 1/2/2015 11/25/2015 $2,410 46T002 IAP Package I 8/1/2018 8/28/19 $18,621,868
TOTAL $21,472,951
July through September 2022 P A G E 28
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2022
217
WASTEWATER TREATMENT PLANT SITE PLAN
Attachment 2
218
View of Areas 52, 53, 55, and 56 - Ongoing Work
Ju
ly 1, 2022
S
eptember 30, 2022
July through September 2022 P A G E 15
Attachment 3
219
July 1, 2022
September 30, 2022
July through September 2022 P A G E 16
View of Areas 56 - Ongoing Work
220
View of Area 80 – Ongoing Work
July 1, 2022
September 30, 2022
July through September 2022 P A G E 17
221
View of Areas 51 and 64 Ongoing Work
July 1, 2022
September 30, 2022
July through September 2022 P A G E 18
222
View Inside the Electrical Room for Area 56
July through September 2022 Page 19
223
View inside the Membrane Permeate Pump Room Area 56
July through September 2022 Page 20
224
View Inside the Return Activated Sludge Pump Room Area 56
July through September 2022 Page 21
225
View of the Warehouse
July through September 2022 Page 22
226
DATE: November 21, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Louis Sun, Public Works Director
SUBJECT: AWARD OF AN AGREEMENT FOR PROFESSIONAL DESIGN,
BIDDING, AND CONSTRUCTION SUPPORT SERVICES WITH
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC
AND ACCEPTANCE OF COMMUNITY PARTICIPATION PLAN
FOR THE RECREATION CENTER REPLACEMENT PROJECT
(CIP 301-678)
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:
1. The Mayor to execute the attached agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4) in the amount not- to-exceed $5,483,957, to provide professional design, bidding, and construction support services for the Recreation Center Replacement Project (CIP 301-678); and
2. A project contingency in the amount of $650,000 with authority given to the City Manager to execute contract amendments up to the contingency amount.
It is also recommended that the City Council, by minute order, accept the attached Project Participation Plan.
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EXECUTIVE SUMMARY
The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301- 678 involves the replacement of the City’s Recreation Center using a build-to- budget approach.
Execution of the consultant agreement with Group 4 will allow the design process for the new Recreation Center to proceed. The consultant agreement will include project management, community outreach, conceptual design refinement, design development documents, use permit and construction documents, furniture and equipment selection, signage design, bidding and construction support, and record documents. Group 4 was selected from seven firms that submitted proposals. The fees in the amount of $5,483,957 have been negotiated and determined reasonable based on the scope of services. Funding in the amount of $6,138,000 is available in the approved project budget for design services. With the execution of the agreement and the acceptance of the Project Participation Plan, Group 4 will begin work to perform design services.
BACKGROUND
The William E. Walker Recreation Center opened to the public in 1974. Due to its location as a central amenity in Foster City’s Leo Ryan Park, the center is a hub of activity in the community.
The current Recreation Center consists of the original building that was built in 1974 and two expansion wings that were constructed in the 1990s. The current structure contains approximately 18,500 square feet of meeting room/user space in the 36,000 square foot building, with the remaining space allocated to lobbies, storage, mechanical rooms, and long hallways to access the phased additions. Because the building was originally three separate structures that were all combined into one building with one roof in 1997, multiple roof penetrations were added to install HVAC equipment and aesthetic screens on the flat deck of the roof. Due to the construction history and the piecemeal way in which it was constructed, several structural issues are known or anticipated related to water intrusion. The age of the building and its emergency shelter readiness are all factors that should be considered when addressing its infrastructure needs.
228
As such, in 2016, the City Council began exploring a rebuild of the Recreation Center. Significant outreach was conducted in 2016 to 2017 to assess community needs regarding the Recreation Center. In 2018, the City entered into an agreement with Burks Toma Architects to develop a conceptual design plan for a new center. In 2019, the City Council agreed on a design concept, but ultimately opted for a build-to-budget option with a cost not to exceed $40 million. However, the project was essentially placed on hold in August of 2019. Then, in 2021 the City Council requested staff to revisit the Recreation Center Replacement Project, and in June 2021 the City Council received an update on the status of the project.
At the regular City Council meeting on August 2, 2021, staff provided a report on the engagement process for the Recreation Center Replacement Project, including a draft Recreation Center and Parks System Survey. Following that meeting, staff worked with Zencity to finalize a community survey to validate programming and use options, and how those may have changed as a result of the COVID-19 pandemic. The Recreation Center and Parks System Survey was launched on November 23, 2021 and was open through December 17, 2021.
At the January 31, 2022, City Council Special Meeting, staff provided an update on the Recreation Center Replacement Project including the results of the Recreation Center and Parks System Survey, funding options, and additional information regarding the build process and design options. The City Council accepted the Recreation Center and Parks System Survey results and proposed to move forward with the “build-to-budget” option with a not-to-exceed budget of $55 million with $36 million from Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund reserves.
At its August 1, 2022, City Council meeting, the City Council adopted Resolution No. 2022-95 authorizing staff to issue the Request for Proposal (RFP) to provide professional design, bidding, and construction support services for the CIP 301-678.
ANALYSIS
Consultant Agreement Approval
The RFP was posted on the Foster City website and distributed to consulting 229
firms. The City received seven (7) proposals by the end of the advertisement period. Staff reviewed the submitted proposals based on a qualification-based selection process and narrowed it down to the following three (3) firms for an in-person presentation and interview:
ELS Architecture and Urban Design
Group 4 Architecture, Research + Planning, Inc.
Noll and Tam Architects
An evaluation committee that included representation from the Public Works Department, Parks and Recreation Department, Parks and Recreation Committee, and the City Council Facilities and Infrastructure Subcommittee attended the interview. Following the interview process, the evaluation committee, together with City staff, deliberated and determined Group 4 to be the best firm for the project. Group 4 has put together an exceptional team of consultants encompassing all the necessary fields to complete the project.
They are a well-established company with significant experience performing similar work on like projects throughout the peninsula. Other agencies had very positive comments about their performance and work product.
The proposal from Group 4 was reviewed and the fee negotiated in the amount of $5,483,957. Since the initial proposal submittal, staff coordinated with the design team to modify the scope of services as necessary to include the essential services required to complete the building design. Various services that were deemed unnecessary were removed from the base scope and included as optional services to be added if requested by the City at a later point. The fees were determined reasonable and fall within the customary range for design services of this magnitude and terms of the discounts were determined reasonable.
The scope of services for this project includes project management, conceptual design refinement, design development documents, use permit and construction documents, furniture, equipment and signage, community outreach, California Environmental Quality Act (CEQA) and United States Green Building Council (USGBC) documentation, bidding and construction support, record documents, etc.
Project Participation Plan
To date, extensive community engagement has taken place for the new 230
Recreation Center project including a community needs assessment and engagement that began in 2016 and continued with the Burks Toma Architects in 2018-2019 which resulted in a conceptual design plan being developed for a new facility. The City worked with Zencity in 2021 to conduct a community survey to confirm and validate the desired recreation programming and facility use options to see if they may have changed as a result of the COVID-19 pandemic. At the regular Council meeting on January 31, 2022, the Council accepted the survey results and directed staff to move forward with the project.
Building on this work, Group 4 Architecture in coordination with City staff have developed a robust and strategic project participation plan which will help advance and inform the project through key milestones in the Conceptual and Schematic Design phases. Core to the multilayered project participation plan is the formation of the Recreation Center Replacement Project Task Force made up of volunteers from a cross section of community and facility user groups and advisory committees, such as the Planning Commission, Parks and Recreation Committee and City staff. Members serving on advisory committees will select their representative(s) to serve on the task force, while others will be asked to complete an application and interest form and selected by the project team. The proposed task force composition was informed by the previous community engagement work that occurred as mentioned earlier.
The composition of the task force will include:
Parks and Recreation Director (1)
Recreation Manager (1)
Public Works Engineer (1)
Parks and Recreation Committee (3)
Planning Commission (1)
YAC (1)
Lions Club Member (1)
Rotary Club Member (1)
Foster City Village (1)
55+ Seniors Club (1)
Historical Society (1)
Cultural Group (1)
School District / School Board Trustee (1)
Foster City Parents Club (1)
231
Resident at Large (1)
The Project Participation Plan includes various opportunities for public participation including offering two Community Open Houses and Workshops for residents and facility users to attend, hosting various intercept events and pop-up kiosks, and conducting an online survey to reach the community where they are at. In addition, a project website will be created and maintained throughout the project allowing the community to stay informed of the project development and progress, as well as through various social media platforms.
As part of the public participation process, three (3) joint meetings of the Parks and Recreation Committee and Planning Commission are planned, as well as a fourth Planning Commission for the public hearing and CEQA document. The City Council will also receive monthly updates by staff, as well as presentations at key milestones of the project, all of which the public will have an opportunity to provide input.
The Project Participation Plan as proposed by Group 4 is included as Attachment 3.
FISCAL IMPACT
The proposed fees in the amount of $5,483,957 have been negotiated and determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $650,000 or approximately 12% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. The design contract includes a geotechnical sub-consultant whose scope of work includes design work and observation and testing required for construction. The observation and testing services for the construction portion is a time and materials contract with a not to exceed amount of $90,000. Funding from the construction inspection/testing services budget is accounted for in the design budget to cover these costs as part of this contract and is included in the $6,138,000 available in the project budget for design.
The City Council’s approval of the attached resolution will allow staff to proceed with the design portion of the project. Staff anticipates that the design phase will be completed by Spring 2024, followed by the bidding and construction phases of the project.
232
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item directly aligns with the City Council’s “Facilities and Infrastructure” Value/Priority Area which prioritizes maintaining, “a standard of excellence with regards to infrastructure, including… City facilities to preserve and enhance quality of life for future generations.”
Attachments:
Attachment 1 - Resolution
Attachment 2 - Professional Services Agreement
Attachment 3 - Project Participation Plan
233
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING AN AGREEMENT IN THE AMOUNT OF $5,483,957 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC FOR PROFESSIONAL DESIGN,
BIDDING, ENVIRONMENTAL REVIEW AND CONSTRUCTION SUPPORT SERVICES FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678)
CITY OF FOSTER CITY
WHEREAS, City Council adopted Resolution No. 2022-95 on August 1, 2022, approving the Request for Proposals for CIP 301-678; and WHEREAS, the Request for Proposal was advertised and seven (7) consulting firms submitted proposals; and
WHEREAS, as a result of a Qualification Based Selection process, Group 4 was selected by reason of their in-depth project understanding, experience and specialized skills to provide the services desired by the City; and WHEREAS, the terms and fees of the consultant agreement have been negotiated and determined reasonable based on the scope of services to be provided; and WHEREAS, funding in the amount of $6,138,000 is currently available for the design phase in the approved project budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:
1. The Mayor to execute the agreement with Group 4 Architecture, Research + Planning, Inc in the amount not-to-exceed $5,483,957 to provide professional design, bidding, environmental review and construction support services for the Recreation Center Replacement Project (CIP 301-678);
2. A project contingency in the amount of $650,000 with authority given to the City Manager to execute contract amendments up to the contingency amount. 234
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of November, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
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PROFESSIONAL SERVICES AGREEMENT
FOR
RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678)
This Agreement is made and entered into as of th e 21st day of November, 2022 by and between the City of Foster City hereinafter cal led "CITY " and Group 4 Archit ecture, Research + Planning, 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. The service s 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 i n 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 a nd 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 ex pire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determin e in its sole discretion. ( c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the 236
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date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach an d 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 en titled t o 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 co urse of any disput e, 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 performe d by CONSULTANT hereunder in an amount based upon C ONSULTANT’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 five million four hundred eighty-three thousand and nine hundred fifty seven dollars ($5,483,957.00). Invoices for amounts in excess of five million four hundred eighty-three thousand and nine hundred fifty seven dollars ($5,483,957.00) shall not be paid unless the performance of servi ces and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of perfor ming 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.
Compensation and reimbursement of costs and expenses hereun der 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.
CITY shall not incur any charges und er this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the 237
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Project, until CITY receives all deliverables required under Exhibit A and C, SCOPE OF SERVICES and SCHEDULE OF SERVICES respectively , for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverable s 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 eve nt CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall b e 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 there for, the time of performance ther eof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by wr itten 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 incu rred 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 CI TY shall rely on such sk ills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the stand ards generally prevailing for the performance of 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 238
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Compensation Sc hedule established in Exhibit B and within the times specified for each individual Project.
CONSULTANT represents that it possesses all necessary tr aining, licenses and permits to perform the Services and that its performance of the Services will conform to th e standards of practice of a professional having experience and that degree of skil l and care ordinarily used in performing professional services of like nature and complexity of t he Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representa tive of CITY or any other governm ental 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 lim ited 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.
In providing services under this Agreement, Consultant shall perform, consistent with but limited to, that degree of s kill and care ordinarily used by other reputabl e members of Consultants profession, practicing in the same or similar locality and under similar circumstances. Not hing in this Agreement shall be interpreted to require Consultant to meet any higher standard of care, and this paragraph shall control over any s uch contrary provision.
8. Documents. All documents, plans , drawings, renderings, an d other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement , shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City ’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health ben efits or insurance benefits. Ter ms 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 prov ision of Services under this Agr eement.
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.
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10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhib it C; provided, that CITY shall grant reasonable extensions of time for the performance of such services occas ioned by governmental revi ews of CONSULTANT’s work product or other unavoidable delays; provided, further, that su ch unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. 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, s uits, actions liability, loss, da mage, expense, injury (including, without limitation, economic harm, injury to or dea th of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitatio n, costs and fees of litig ation) of every nature, kind or description, at law or equity, which may be brought agai nst, o r suffered or sustained by , City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunt eers or agents that arise out of , pertain to, or relate to any negligence, recklessnes s, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they contr ol. In the event one or more defendants is unable to pay it s share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provide d, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal I mprovement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the terminatio n or completion of this Agreement for the full period of time allowed by law.
The defe nse 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.
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12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set for th in EXHIBIT D, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all requi red insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not oblig ated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.
In the event CONSULTANT fails to obtain or maintain complet ed 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.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or ind emnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or wil lful misconduct of the City.
13. WORKERS' COMPENSATION. CONSUL TANT 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 worker s' 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 empl oyees 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, recr uitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including a pprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal American s With Disabilities Act (Public La w 101 -336) which prohibits discrimination on the basis of disability by public entities. The 241
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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 wr iting, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Derek Schweigart
CONSULTANT: Group 4 Architecture, Research + Plann ing, Inc.
211 Linden Ave, So. San Francisco CA 94080
(650) 871-0709
Dawn Merkes
[email protected]
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 invalidit y in whole or in part of any provision of thi s Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deeme d 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 St ate 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 writ ten amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuc cessful party will pay the reasonable attorney’s fees and expenses of l itigation 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 o f a mutually accepta ble 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 242
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mediator, if any, shall be paid equally by t he parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of th e settlement and each party shal l 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 reportin g responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other pers on or entity (including but not li mited to potential s uppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
22. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit D, Insurance, C ITY's obligations under this Agreement shall be limited to the payment of the compensati on provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreeme nt, 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 th ough such equipment be furnished, rented or l oaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CO NSULTANT accepts full responsibility for and shall exonerate, indemni fy, defend and save harmless CITY from and agai nst any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equi pment, 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 243
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may have under this Agreement or any applicable law. All rights and remedies of CI TY 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.
24. Force Majeure. Except for defaults of subconsult ants 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 negl igence of CONSULTANT, including without limit ation failure to reasonably mitigate any adverse impac ts (Force Majeure) .
Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, f reight embargos, interrupt ions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
Any Force Majeure event with a dura tion in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
25. Entire Agreement. This Agreement, incl uding Exhibits A, B, C, D and E comprises the entire Agreement.
IN WITNESS WHEREO F, the parties hereto have caused this Agreement to be executed on the date first above written by their respective offi cers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Richa Awasthi, Mayor
ATTEST:
Dated: ________________________________ 244
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Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Dawn Merkes, Project Manager
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EXHIBIT A
SCOPE OF SERVICES
FOR PROFESSIONAL DESIGN, BIDDING, AND CONSTRUCTION
SUPPORT SERVICES
FOR
THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678)
I. GENERAL
The Project
The Project consists of professional architectural and engineering services for design, bidding, and construction su pport services for the Recreation Center Replacement Project (CIP 301- 678) located at 650 Shell Boulevard. The project includes a new approximately 36,000 square ft. recreation center building that will be in approximately the same location as the existing center, improvements to the adjacent parking lots, and park improvements as associated with the project. The site area that is associated with the project is approximately 6 acres, see Exhibit A-1 for graphic limit of work boundary.
The existing Foster City Recreation Center contains meeting and event s pace for use by the City and private rental by the general public and contains specialized spaces, kitchens, an art studio, fitness room, and staff offices. The existing building is a designated emergen cy shelter and essential facility . The scope of servic es is for professional Consultant services necessary for CIP 301- 678. The Consultant shall be responsible for providing the design, documentation, and support necessary for the permitting, bidding, and construction of a new Recreation Center and associated site.
The new building will be designed for LEED Silver certification and as an essential facility. The construction budget for the project including site improvements is approximately $42M.
The project will be run through the Foster City Parks and Rec reation Department with assistance from other City departments. The Consultant shall provide leadership for the entire consultant team and will work closely with City staff, Parks and Recreation Committee, Planning Commission, and the broader community to identify project needs and potential solutions. The Consultant shall attend coordination meetings and other special purpose meetings as delineated.
Project Background and Description
Burks Toma Archit ects previously prepared conceptual design options for the Recreation Center, during the conceptual design refinement task the Consultant shall revisit and reconsider the previous conceptual design options based upon new input , current conditions, and budget constraints.
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The Consultant shall be responsible for facilitating community outreach in coordination with the City and will build off of the significant outreach that was conducted for the project in 2016- 2017, and provide additional public outreach an d opportunities for feedback through the design task s. Community outreach will take place during the conceptual design refinement and schematic design phases.
LEED Silver certification is r equired for this project, and the Consultant is responsible for submitting all necessary documentation to the USGBC, as well as for coordinating the construction phase submittals by the general contractor. During the design process, the City may choose to not pursue LEED Silver certification based on est imated construction costs.
The City and Consultant mutually acknow ledge that a Project goal is to achieve LEED Silver certification . The City acknowledges that the attempt to achieve LEED Silver certification may require the use of new, untested, and/or higher cost mate rials, systems, and/or construction practices. The C onsultant shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar cir cumstances at the same time and in the same or similar locality. The City understands that achieving LEED Silver certification will require input and effort from the City, as well as from other consultants, contractors, and other parties associated with the Project that are not parties to this Agreement and that achieving LEED Silver certification include efforts and circumstances beyond Consultant’s control. The Consultant makes no warranty or assurance that LEED Silver Certification will be achieved, and the City relea ses the Consultant from any claims or liabilities aris ing out of or relating to any failure of the Project to achieve LEED Silver that are beyond the Consultant’s control.
The Recreation Center is to be designed as an emergency shelter and will be classifi ed as an essential facility and c onstructed in conformance with the California Health and Safety Code sections 16000 through 16022 and the California Building Standards.
Zero Net Energy performance may be pursued for the new Recreation Center, the Consultant shall incorporate energy efficient upgr ades/improvements in the Project where possible. Consultant may also be directed to incorporate energy generation (solar) and battery storage capacity as Optional Additional Services.
The consultant team includes the following disciplines necessary to design a complete and usable facility. The following is a list of consultant services included in the scope.
Other additional optional consultant services may be added if mutually agreed to by the City and Consultant.
Consultant Team Basic and Supplemental Services:
• Architecture
• Civil Engineering
• Landscape Architecture
• Structural Engineering
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• Mechanical/Plumbing/Fire Protection Engineering
• Electrical Engineering (including Lighting Design)
• Code Required Signage Design
• Acoustical Engineer: Room acoustics, sound isolat ion, and mechanical equipment noise/vibration
• Telecom/Data Designer
• Audio Visual Design: Built in audio-visual systems
• Electronic Security System des ign: Access control, CCTV cameras, intrusion detection
• Cost Consultant
• Emergency Generator design
• Graphic Design
• Interior Design
• Public Outreach
• Environmental/CEQA Consultant (Supplemental Service)
• Furniture, Fixtures and Equipment (Supplemental Service) • Geotechnical Engineering (Supplemental Service)
• Hazardous Material Survey (Supplemental Service)
• Site Surveying (Supplemental Service)
• Wayfinding Signage (non-code signage) (Supplemental Service) • Geotechnical Construction Observation and Testing Services ( Supplemental Service)
Consultant Team Optional Services
• Distributed Antennae System- DAS (Optional Service)
• Master Planning Services for ~1,000 LF Boardwalk (Optional Service) • Photovoltaic System Design (Optional Service)
Project Requirements
The design shall comply with all federal and local codes and re quirements, including those for accessibility and ener gy compliance. All required code compliance documentation must be included in the construction document package.
Furniture procurement (Supplemental Service) may be completed by utilizing existing contracts available to public agencies.
During each phase of the project, direction will be given to the Consultant in Project Management Team (PMT) meetings. Attending these meetings will be the Consultant, City representatives, the City’s Project Manager, a nd others as determined by the City.
Agreements and action items will be documented in meeting minutes.
Except where otherwise specified in this Agreement, summaries of decisions, design direction, and establishment of project requirements may be communi cated and documented through written meeting minutes and e-mails.
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The City shall provide the following for the Project as needed:
• A City representative who can render decisions on behalf of the Project in a timely manner.
• Scheduling and invitations for public meetings.
• Information about:
o Title Report
o City Standards
o City Requirements
• Services of other specialized consultants if needed for the Project. • Any other information not included in Consultant’s Basic Services or Supplemental Services that is reasonably needed for the Project. • The Bid Documents and the General Conditions for the Project.
The scope of services is arranged into six (6) tasks.
Task 1A: Project Initiation, Website Design and Content, Conceptual Design Refinement
Task 1B: Schematic Design
Task 2: Design Development Documents
Task 3: Use Permit and Construction Documents
Task 4: Furniture, Fixtures, & Equipment and Signage
Task 5: Bidding and Construction Support
Task 6: Record Documents
The Consultant’s assumption is that the project will be constructed through a conventional public design-bid-build delivery method. Basic and Supplemental Services assume the construction work will be developed as a single bid package to be constructed in a single phase.
Construction Costs:
Evaluations of the City’s Project budget, preliminary estimates of probable construction cost and detailed estimates of Construction Cost prepared by Consultant, represent the Consultant’s best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Consultant nor the City has control over the cost of labor materials or equipment, over the Contractor’s methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from City’s Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Consultant
II. SCOPE OF WORK BY TASK
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The anticipated scope of services is divided into six (6) Basic and S upplemental Services tasks. The City will authorize, in writing, Consultant to start work on each task.
The City may issue written authorization to proceed with a task prior to the compl etion of a preceding task.
Upon receipt of a written authorization t o proceed, C onsultant shall begin work on the designated task and diligently prosecute the work to completion.
Consultant and its sub -consultants, if any, shall separately track and report costs for each project and task.
The City may reject incomplete s ubmittals or submittals which, in its sole judgement, were not subjected to an adequate quality control review.
BASIC AND SUPPLEMENTAL SERVICES TASKS
1. TASK 1A: PROJECT INITIATION, WEBSITE CONTENT SUPPORT, AND
CONCEPTUAL DESIGN REFINEMENT
A. Project Initiation
1) Within fifteen (15) calendar days after receipt of the Notice to Proceed, the Consultant shall submit to the City a final work plan that shall include:
a) Description of the Consultant’s approach to performing the scope of services, including any constr aints, specific strategies, or special considerations that apply.
b) The roles and responsibilities of the project team members including sub-consultants.
c) Procedures for maintaining quality control and, p articularly, adherence to budget and schedule.
d) A schedule that details activities of each sub- consultant’s service in an appropriate time frame consistent with the duration of this Agreement. e) A control budget that is supported by monthly cost and resource forecasts for each task.
The Consultant shall prepare a project work plan for each task. The project work plan shall be prepared in the degree and detail appropriate to each phase of the project and shall be updated as the projec t progresses. The project work plan shall be approved by the City project manager and shall provide the basis for determining timeliness and cost effectiveness of the Consultant's execution of the Scope of Services.
2) Other project initiation tasks that the Consultant shall provide include:
a) Reviewing work completed to date including goals, scoping, site assessment, conceptual design options, and energy efficiency goals. 250
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b) Reviewing the previous conceptual design plans reviewed and accepted by the City Council/Planning Commission.
c) Completing a preliminary land use and building code review with the City to confirm requirements for entitlements, land use, site, utilities and building construction permits (including fire, life, and safety issues). d) Preparing a community participation schedule for the City’s review. Set the dates for the necessary rounds of community engagement during the design phases.
e) Preparing a project directory.
B. Project Website
1) The Consultant shall develop and maintain a dedicated project website to be the primary source of a ll Recreation Center Replacement Project information throughout the duration of the project.
2) The Consultant shall supply graphic materials representing building and site plans, material examples, project layout , information from the latest Council meetings, and project schedule and status updates.
C. Conceptual Design Refinement
The Consultant shall develop conceptual design options for the Recreation Center starting with revisit ing, validating, and reconsidering design options from the previous work and refining them based on new input , current conditions, and budget constraints. Staff’s preferred option from the previous work is C oncept 3, which will need to be scaled down to be within the current budget and the Consultant shall consider additive or deductive alternates to provide the flexibility to the City when they award the contract.
Conceptual Design Refinement tasks to be completed by the Consultant shall include:
1) Reviewing work completed to date including plans , documents, goals, scoping, and site assessment.
2) Based on the previous preferred Conceptual Plan and current budget constraints, develop, and present a refined conceptual design package to City staff that includes:
a) Up to two (2) conceptual floor plan options.
b) Design values and sustainabili ty goals with the City and community input.
c) Building massing studies for each floor plan option. d) Preliminary cost models for each alternative.
e) Floor plan evaluation criteria with City and community input. f) Floor plan and massing options with City and select preferred plan. g) Exterior materials palette.
h) On-site parking requirement to reflect selected site option. 3) Refining selected conceptual design option and prepare final conceptual design exhibits:
a) Site plans, floor plans and elevations
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b) Narrative specifications and system descriptions
c) 3D digital model of massing
d) Vignettes of exterior and/or interior
e) Preliminary cost model of initial options
f) Refined cost model for preferred option
g) Phasing plan showing the major project phases
h) Estimated project schedule for future phases
4) Coordinating with the City staff to refine the building program and prepare a program summary document that summarizes the sizes and functions of each of the rooms. The programming document will provide the basis for the interior design finishes, system, and hardware for the Construction Document phase of the work.
5) The Consultant shall prepare for and facilitate the following meetings during this phase of the project:
a) Consultant shall lead up to six technical meetings (6) with the City’s Parks and Recreation Department, Community Development (Building + Planning), Police, Fire, and Public Works department staff. b) The Consultant shall conduct one (one) integrated design Workshop (IDW).
c) The Consultant shall conduct one round of Community Outreach to collect input on the Conceptual Design options. The outreach shall include:
- Community Open House/Meeting (1)
- Intercept Kiosks (2)
- On-line Survey (1)
d) The Consultant shall lead and facilitate up to three (3) Recreation Center Task Force meetings.
e) The Consultant shall lead and facilitate up to two (2) joint Parks and recreation Committee and Planning Commission joint workshops. f) The Consultant shall attend and present to the City Council at one (1) meeting.
6) Based on input received and direction from the PMT the Consultant shall refine the conceptual design drawings.
7) Conceptual Design shall be approved by the City before proceeding to development of schematic design documents.
D. Site Survey (Supplemental Service)
The Consultant shall provide land surveying services, consisting of the following:
1) Obtain block maps for water systems, storm drains, sanitary sewer and streetlights.
2) Review existing infrastructure to be mapped onto topographic survey. 3) Site visits to verify field conditions.
4) Topographic Survey
5) Base sheet Production
6) Record Boundary
7) Underground service alert
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E. Geotechnical Report (Supplemental Service)
The Consultant shall provide geotechnical services, consisting of evaluation of subsurface soil conditions in the vicinity of the proposed improvements and provide geotechnical recommendations relating to the found ation and earthwork components of the project. The initial services shall include:
1) County drilling notification form
2) Underground service alert
3) Subsurface exploration
4) Laboratory testing
5) Office Studies
The Consultant shall review the field and laboratory data and perform engineering analyses to evaluate the planned recreation center improvements, from a geotechnical perspective, including building foundations, basement retaining walls, slabs-on-grade, pavements, tie earthwork, and surface drainage.
The Consultant shall prepare a report that summarizes the investigation and conclusions and presents geotechnical recommendations for design of the proposed improvements. The Engineer will provide site class and spectral accelerations for seismic design based on t he current California Building Code.
To graphically illustrate the site conditions, several figures will be presented in the report, including a vicinity plan, site plan, local geologic map, boring logs , and laboratory test results.
F. Hazardous Material Survey and Testing (Supplemental Services) The Consultant shall perform the following:
1) Asbestos Testing
a) Identify, document, and assess suspect asbestos -containing materials (ACM).
b) Collect representative samples
c) Submit necessary samples to a certified laboratory for analysis. d) Assess the friability and abatement classification of identified ACM. 2) Lead Survey
a) Test coatings (paint) on representative surfaces to screen for the presence of lead- based paint on maj or building components. Testing will be performed using a calibrated an X-ray fluorescence analyzer (XRF). b) If indicated, collect representative (confirmational) paint chip samples to assess lead levels on surfaces that y ield low reading by XRF. Submit paint chip samples to a certified laboratory for analysi s. Only representative paint chip samples will be collected. Contractors may need to obtain additional paint chips depending on their individual scope of work.
3) PCB Building Assessment
a) Conduct a PCB Bui lding assessment in accordance with the protocol mandated by the Bay Area Stormwater Management Agencies 253
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Association (BASMAA). As of July 1, 2019, the BASMAA protocol requires pre-demolition PCB surveys of structures built between 1950 and 1980 (excluding wood framed structures & single-family residences). b) Collect representative samples of “Top Prioritized Materials” as follows:
- Caulking (windows, doors, expansion joints)
- Thermal Insulation (heating & co oling systems, walls, and crawl spaces)
- Mastic (below carpet and resilient flooring, roofing material) c) Submit necessary samples to a certified laboratory for PCB analysis. d) Prepare and deliver a final written report presenting an evaluation and assessment of the data for the ACM, Lead Paint and PCB.
G. Environmental Review Documents (Supplemental Service) The Consultant shall assist the City with State and City mandated environmental review (for example CEQA clearance) process once an envelope of development is established. The Consultant shall be responsible for providing all the drawings and text required to support the IS/MND documents, and to participate in meetings associated with the planning process. The Consultant shall:
1) Complete a Historic Resource Evaluation through the California Department of Parks and recreation 523 Forms.
2) Conduct Technical evaluations for:
a) Air quality, energy, greenhouse gas emissions, noise, and transportation 3) Prepare three (3) drafts of the Initial Study
a) Administrative Draft
b) Screencheck Draft
c) Public Review Draft
H. Meetings:
1) Project Kick-off meeting
2) Consultant shall lead bi-monthly Project Management Meetings. 3) Consultant shall lead up to six technical meetings ( 6) with the City’s Parks and Recreation Department , Community Development (Building + Planning), Police, Fire, and Public Works department staff.
4) The Consultant shall conduct one (one) integrated design Workshop (IDW). 5) The Consultant s hall conduct one round of Community Outreach to collect input on the Conceptual Design options. The outreach shall include:
a) Community Open House/Meeting (1)
b) Intercept Kiosks (2)
c) On-line Survey (1)
6) The Consultant shall lead and facilitate up to three (3) Recreation Center Task Force meetings.
7) The Consultant shall lead and facilitate up to two (2) joint Parks and recreation Committee and Planning Commission joint workshops. 8) The Consultant shall attend and present to the City Council at one (1) meeting.
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9) The Consultant shall produce necessary agenda’s, exhibits, materials, presentations, and meeting summaries for these discussions for posting on the Project website and supporting the City’s project updates.
I. Deliverables:
1) Project Directory, Workplan and Participation Plan, Project Schedule 2) Website, website domain, language, documents, graphics, and any other relevant information for posting on the City’s Project Website throughout the project duration.
3) Site Topographic Survey and Record Boundary (Supplemental Service) 4) Geotechnical Report (Supplemental Service)
5) Refined Programming Document
6) Conceptual design package including:
a) Site options diagrams
b) Building massing study
c) Floor plan options
d) Site plans, floor plans and elevations
e) Narrative specifications and system descriptions
f) 3D digital model of massing
g) Vignettes of exterior and/or interior
h) Updated estimate of on-site parking needs
i) Preliminary cost models for each option
j) Refined Conceptual Design Package
k) Agendas / Summaries for team meetings.
l) Participation and/or supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limit ed to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.
m) Environmental Review Documents : initial study and mitigated negative declaration documents
n) Hazardous Material Testing and Analysis Report
2. Task 1B: Schematic Design
Upon approval of the preferred Conceptual Design option by the City Council, written Notice to Proceed by the City, and receipt of the City’s comments on the Conceptual Design documents, the Consultant shall advance the design of the Community Center during the schematic design phase.
A. Schematic Design tasks shall include:
1) The Consultant shall develop the schematic design package for Architectural, Landscape, Civil, Structural, Mechanical, Electrical, Plumbing, Kitchen, Audio Visual, and Security and Access Control for the Recreation Center building consisting of:
a) Civil Site Plan, including parking layout, preliminary grading, drainage, hydrology, utility routing
b) Landscape preliminary site plan showing hardscape and landscape 255
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areas
c) Floor and roof plans
d) Reflected ceiling plans
e) Exterior elevations
f) Building sections
g) Structural design sketches and narrative and preliminary sizes of key structural members
h) Preliminary lighting plan- building and site
i) Renderings (two interior and two exterior)
j) Outline spec ifications and/or narratives of each of the major buil ding systems
k) Building program spreadsheet
l) LEED checklist (for reference)
2) The Consultant shall prepare for and facilitate the following meetings during this task:
a) Consultant shall lead up to six technical meetings (6) with the City’s Parks and Recreation Department, Community Development (Building + Planning), Police, Fire, and Public Works department staff. b) The Consultant shall conduct one (one) integrated design Workshop (IDW).
c) The Consultant shall conduct one round of Community Outreach to collect input on the Conceptual Design options. The outreach shall include:
- Community Open House/Meeting (1)
- Intercept Kiosks (2)
- On-line Survey (1)
d) The Consultant shall lead and facilitate up to three (3) Recreation Center Task Force meetings.
e) The Consultant shall lead and facilitate up to two (2) joint Parks and recreation Committee and Planning Commission joint workshops. f) The Consultant shall attend and present to the City Council at one (1) meeting.
3) The Consultant shall s ubmit to the City the Schematic Design Package at the 100% schematic design stage. Only outl ine specifications and/or narratives are required at the 100%.
4) The Consultant shall prepare a preliminary estimate of probable project costs, including construction costs, soft costs, miscellaneous costs, and other owner’s costs, shall be prepared, and submitted.
5) The Consultant shall c oordinate with utility companies to help develop Schematic Design plans.
6) The Consultant shall provide Life Cycle Cost Ana lysis for HVAC Building Systems and Building Envelope.
7) The Consultant shall develop a preliminary material template, building elevations, and site and building sections to illustrate the overall site character.
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B. Meetings and Outreach:
1) Consultant shall lead bi-monthly Project Management Meetings. 2) Consultant shall lead up to six technical meetings (6) with the City’s Parks and Recreation Department, Community Development (Building + Planning), Police, Fire, and Public Works department staff.
3) The Consultant shall conduct one (one) integrated design Workshop (IDW). 4) The Consultant shall conduct one round of Community Outreach to collect input on the Conceptual Design options. The outreach shall include:
a) Community Open House/Meeting (1)
b) Intercept Kiosks (2)
c) On-line Survey (1)
5) The Consultant shall lead and facilitate up to three (3) Recreation Center Task Force meetings.
6) The Consultant shall lead and facilitate up to two (1) joint Parks and recreation Committee and Planning Commission joint workshop.
7) The Consultant shall attend and present to the City Council at one (1) meeting. 8) The Consultant shall produce necessary agenda’s, exhibits, materials, presentations, and meeting summaries for these discussions for posting on the Project website and supporting the City’s project updates.
C. Deliverables:
1) 100% Schematic Design Package submittal
2) 100% Schematic design level estimate of probable costs for the entire project budget including construction costs, soft costs, miscellaneous costs, and other owner’s costs.
3) Preliminary material template.
4) Possible refinement of drawings based on reviews from public meetings. 5) Life Cycle Cost Analysis
6) CEQA Review Documents
7) An updated project schedule.
8) Agendas / Summaries for team meetings.
9) Participation and supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limited to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.
3. TASK 2 – DESIGN DEVELOPMENT DOCUMENTS
Upon receipt of written Notice to Proceed by the City and City ’s comments on the Schematic Design package, the C onsultant shall develop the Design Development Documents that will include plans, elevations, building sections , renderings, and other documents that wi ll describe the character and scale of the project components.
A. Design Development tasks shall include:
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1) The Consultant shall update and refine design, budget, sustainable design strategies.
2) The Consultant shall prepare design development level building systems design and coordination for landscape and civil disciplines, structural, mechanical, plumbing, and electrical disciplines, fire alarm/fire protection and telecommunications/data disciplines.
3) The Consultant shall update the estimate of probable construction cost to reflect the decisions made in this phase.
4) The Consultant shall submit draft specifications.
5) The Consultant shall submit to the City at the 100% design development stage the 100% Design Development Drawings.
6) The Consultant shall prepare an updated estimate of probable project costs shall be prepared and submitted with the 100% design development submittal. Consultant will promptly advise the City of the impact that special design details, materials, and equipment items may have on construction costs.
7) The Consultant shall work with City and utility companies to produce and coordinate the Design Development drawings and plans.
8) Perform cost effectiveness adjustments to design to align with City’s established project budget.
9) The Consultant shall prepare for and facilitate the following meetings:
a) Consultant shall lead up to six technical meetings (6) with the City’s Parks and Recreation Department, Community Development (Building + Planning), Police, Fire, and Public Works department staff. b) The Consultant shall conduct one (1) integrated design Workshop (IDW).
B. Meetings and Outreach:
1) Consultant shall lead monthly Project Management Meetings. 2) Consultant shall lead up to six technical meetings (6) with the City’s Parks and Recreation Department, Community Development (Building + Planning), Police, Fire, and Public Works department staff.
3) The Consultant shall conduct one (1) integrated design Workshop (IDW). 4) The Consultant shall produce necessary agenda’s, exhibits, materials, presentations, and meeting summaries for these discussions for posting on the Project website and supporting the City’s project Anticipate up to four (4) technical/coordination meetings with the City.
C. Deliverables:
1) 100% Design Development Drawings and Draft Specifications submittals including plans, interior elevations, building drawings, and computer imaging further clarifying the size, range of amenities, functional arrangements such as parking, access, circulation, general building arrangements, and sections for Architectural, Landscape, Civil, Structural, Mechanical, Electrical, Plumbing, Fire Alarm/Fire Protection, Telecommunications/Data) 258
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2) 100% Design Development level estimate of probable costs for the entire Project Budget including construction costs, soft costs, miscellaneous costs, and other owner’s costs.
3) A value engineering report identifying line-item costs and the pros and cons of possible revisions to proposed materials or design necessary to meet the project budget.
4) Necessary approvals from regulatory agencies for entitlements and permits. 5) An updated project schedule.
6) Agendas / Summaries for team meetings.
7) Participation and supporting documents for outreach processes, posting on the City’s project website, and any special purpose meeting including, but not limited to, graphic materials, project layout, presentations, 3D renderings, models, and fly-throughs.
4. TASK 3 – USE PERMIT AND CONSTRUCTION DOCUMENTS
Upon receipt of written Notice to Proceed by the City and City’s comments on the Schematic Design package, the Cons ultant shall develop the Design Development Documents that will include plans, elevations, building sections, renderings, and other documents that will describe the character and scale of the project components.
A. Use Permit Submittal
The Consultant shall pr epare and submit Use Permit documents to the City fo r review and coordination. Consultant shall make the appropriate revisions and provide written responses to the review comments and resubmit to the City for verification of comprehensive and accurate responses.
The Consultant shall submit for review the following drawings, with the same compass orientation:
1) Interdepartmental Evaluation Committee (IDEC) — The following items shall be submitted in electronic format:
a) Site Plan including:
- Lot size
- North arrow
- Graphic scale
- Significant dimensions (setbacks, lot lines, etc.)
- Property lines of subject and adjacent properties and identification of surrounding uses
- Easements (public and private)
- Utility companies' equipment, with dimensions (PG&E, AT&T, CATV) - Internal circulation — streets, sidewalks, driveways, and parking and loading areas (public and private)
- Lagoon or bay/slough waterlines (MHHW and MLLW) on adjacent property
- Building outlines, stating number of stories, of project buildings and those 259
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on adjacent property.
- Fences, walls, and windbreaks, indicating heights
- Decks, patios, planter boxes, docks, stairs, ramps, pools and tubs, and equipment enclosures
- Landscape plan
- All other structures exceeding six feet in height (patio covers, carports, trellises, arbors, gazebos, storage sheds, cabanas, flagpoles, etc.) - Site data table including the percentage and square footage of landscape coverage, paving coverage, building coverage, etc. (see sample Table 1) - Vicinity map
- Recreation areas and equipment
- Pedestrian and vehicular circulation patterns (on and off-site) b) Engineering site grading plans, including proposed finished grades, all public improvements, and site drainage.
c) Floor plans (1/8" or 1/4" scale) — Proposed
Complete floor plans showing door and window openings, room designations an d dimensions, utility equipment locations and trash enclosures, specifying materials and colors.
d) Elevations (1/8" or 1/4" scale) - Proposed
Full building elevations of all building sides with details of all wall penetrations such as windows, doors, vents , etc.; exposed equipment such as air conditioners, meters, piping, etc.; all decorative elements such as trim, equipment screens, molding, appliqués, etc.; and all appurtenant and accessory structures on the site plans specifying all building materials and colors.
e) An illustration of the basic "concept" of the site.
This can be accomplished by submitting a concept diagram (8- 1/2" x 11"), "bubble" diagram, or other graphic representation that shows key design elements and their relationships with one another. For example, circulation, key nodes, open areas, screened areas, areas with views, windy areas, accent points, entrances, etc., can all be shown on a concept diagram. This diagram should also contai n a short paragraph explaining the basic design concept, how the concept relates to the site, and how the concept relates to the context of Foster City.
B. Planning Commission Study Session and/or Public Hearing The Consultant shall prepare and submit (8) eight copies of the following items should be submitted at least four weeks prior to the public meeting:
1) Site plans, as above, with any revisions; a reduced reproducible print or an electronic file in pdf format (8 1/2" x 11" in size) of the site plan shall also be submitted
2) Floor plans, as above, with any revisions
3) Floor area tabulations, specified by uses
4) Elevations, as above, with any revisions
5) Engineering plans, as above, with any revisions
6) Typical building sections
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7) Colored perspective rendering at an angle from lagoon view 8) Roof plan, showing all vents, equipment, skylights, etc. 9) Colors and Materials: A list of colors and materials with product names and descriptions is required with samples mounted on a board if possible.
Performance specifications may be required. Color and materials samples boards will remain the property of the City.
10) Table of land and building area (see sample below): Schedule of lot sizes, building sizes and mix, lot coverage and project density, area of lands held in common and area of open space
Square Feet Percent
Building Area
Parking/Hardscape Area
Landscape Area
Total Lot Area
C. Construction Documents
Upon receipt of written Notice to Proceed by the City , approval of the Use Permit documents, and City’s co mments on the Design Development package, the Consultant shall develop the Construction Documents for the building systems and design concepts that will include construction details and calculations. All building systems, including structural, mechanical , electrical, plumbing, lighting design, telecom and s ecurity, interior design concepts, and finished will be documented and refined.
1) The Consultant shall develop the Construction Documents and perform the following tasks:
a) Meet with the City and Stakeholders to review and evaluate options for finishes and other interior design elements
b) Perform Title 24 Calculations for applicable interior areas and prepare Compliance Documents.
c) Develop code required signage in conjunction with the design concepts for non-wayfinding community center signage and branding as out lined in Task 4 - FURNITURE, FIXTURES AND EQUIPMENT AND SIGNAGE TASK.
d) The Construction Documents sh all c omply with applicable laws and regulations including, but not limited to, ADA requirements, Buil ding Code requirements, City codes and standards, appl icable Federal rules and regulations, and occupation safety and health regulations enforced at the time the Construction Documents are issued.
e) Specific submittals to the City shall be made at the 50 %, 75% and final design stages.
f) Detailed estimated constr uction cost estimates shall be prepared and submitted with each submittal ( 50%, 75% and final). Consultant will promptly advise the City of the impact that special design details, materials, and equipment items may have on construction costs. 261
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g) Consultant shall submit 75% documents to the City and other agencies for the specific purpose of obtaining the building permit and coordination review. Consultant shall make the appropriate revisions and provide written responses to the review comments and resubmit to the City and other agencies for verification of comprehensive and accurate responses. Project documents shall clearly identify document requirements for review and approval by the Fire Marshal and Buildin g Official.
h) Assist the City in the selection of Spec ial Inspectors required by the project.
i) Assist the City in coordination with any utility companies. j) The Consultant shall prepare and facilitate the following meetings:
- Recreation Department, Community D evelopment (Building + Planning), Police, Fire, and Public Works department staff. - The Consultant shall conduct two (2) integrated design Workshop (IDW).
- The Consultant shall attend one (1) Planning Commission/Public Hearing Meeting.
2) CIVIL
The Consultant shall prepare the Civil Construction Documents and shall include the following information:
a) Existing topographic drawings shall be included and may not be combined with the demolition plan, provided that information is clear and not obscured. Both contours and spot elevations shall be used to delineate the topography. Existing utilities, including size and material to the extent that the information has been made available shall be shown on the plans. Benchmarks and horizontal control monuments shall be clearly shown and identified.
b) Demolition Plan – Show all ex isting buildings on the property clearly indicating which structures will be demolished and location of all building and site utilities (gas, electrical, sewer, water, stormwater). Provide the existing building size (square footage) and year built, type of construction, and if sprinklered. Identify all existing trees and irrigation proposed to be removed and which will remain. Include the hauling plan and hauling, as applicable. Provide a copy of the ero sion and sediment control plan and dust control plan. Provide a waste management plan. c) Site Plan – Location all new work by dimensions from prominent existing features or survey base lines. Use same scale and orientation as the existing topography plan. Lo cate Contractor’s storage area on this or an equivalent plan.
d) Grading Plan – Show finished contours at intervals not greater than one foot and have them clearly distinguishable from existing contours.
Clearly show where all surface water will drain. Use sp ot elevations to clarify grading requirements, drainage flow patterns, curb elevations, gutter elevations, pavement corner elevations, ground and pavement 262
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surface elevations at building corners, top of catch basins, etc. Show finished floor elevations an d pad elevations. Use same scale and orientation as the existing topography plan.
e) Utility Plan – Locate by dimensions all new water, fire protection, sanitary sewer and storm drain lines and appurtenances. Indicate sizes of pipes, top and invert elevations of manholes and catch basins and points of connection. (Separate Permit) Fire Service Underground Plans shall be provided by the Contractor.
f) Details – City standard details shall be used where applicable. Other details shall be added as necessary to clearl y show the work to be performed.
3) ARCHITECTURAL
The Consultant shall prepare the A rchitectural Construction Documents and include pertinent City ordinance details and the following plans:
a) Cover Sheet/Title Plan – including project info, vicinity, and location maps, drawing index
b) Plans for Code Compliance – accessibility plan, exiting plan, fire control room, pertinent City ordinance details
c) Floor Plan (1/8” scale minimum)
d) Exterior Elevations
e) Building Sections
f) Roof Plan and Roof Details
g) Reflected Ceiling Plans
h) Typical Wall Sections
i) Room Finish Schedule
j) Door, Hardware, and Window Schedules
k) Door and Window Details
l) Large Scale Plans (1/4” scale minimum for toilet rooms, control rooms and other special activity rooms)
m) Interior Elevations
n) Acoustical Treatments, if any
o) Signage details required for code compliance
p) Fire Control Room
4) STRUCTURAL
The Consultant shall prepare the s tructural plans and shall include all special inspection, requirements and necessary structural elements that require approvals (epoxy, grout, etc.) and the following plans:
a) Foundation Plans
b) Framing Plans
c) Details and Sections
d) Schedules
5) MECHANICAL AND PLUMBING
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The Consultant shall prepare Mechanical and Plumbing plans that shall include a complete and functional mechanical system and include t he following plans:
a) Site Plan - Required for all outsi de mechanical systems and shall show all new systems and structures served, if applicable.
b) Piping and Duct Work Plans - Heating, ventilating an d air conditioning system work shall not be shown on the s ame drawing with the plumbing system work. Piping and ductwork plans shall be coordinated with the architectural, civil, structural, mechanical, and electrical plans to avoid conflicts. Adequate space shall be provided to meet manufacturer's required maint enance clearances and access needs. Clearly define where all work begins and ends. Design cfm's shall be shown at the supply and return registers and at the units.
c) Fire Sprinkler System – Plans and specifications shall establish and define design criteria for Design-Build (separate permit) fire sprinkler and standpipe system including fire pump, auxiliary water supply, controls, water flow (vane type), valve supervisory (tamper) switches to result in fully operational system, to follow the current issue of th e California Fire Code (CFC) and Title 19 of the California Code of Regulations. d) Elevations and/or Sections - Mechanical elevations and/or sections shall be shown where necessary. Sufficient elevations and sections shall be provided to facilitate accurate take-offs.
e) Details - Plans shall include such detai ls as necessary to enable the contractor to properly fabricate, assemble and/or install equipment or systems as shown. Details shall be to a scale large enough to be clear as to intent. Congested areas and racked piping shall be dimensioned to provide adequate clearance for clamps, hanger, insulation, flanges, valves, fittings, etc.
f) Piping Diagrams - Incorporate isometric and/or schematic diagrams showing the piping configurations as required to clarify the fluid flow paths.
g) Control Dia grams - Control dia grams shall be included as required to clarify function of various control systems involved in mechanical installations. Controls for mechanical equipment shall be coordinated with the electrical design so that all equipment supplied by electrical work and mechanical work is clearly defined.
h) Sequence of Operation - Step-by-step sequences of operation shall be included in the specifications (and whenever practical, in the drawings) for each control system where similar vendors or manufact ures may have differing levels of use.
i) Equipment Schedule - Mechanical and plumbing plans shall include equipment schedules indicating capacity and description of each item of equipment. Provide voltage, phase, horsepower, or amperage of all equipment requiring electrical power.
j) Seismic Anchorage - Plans shall include sufficient details for the attachment and anchorage of all mechanical equipment, piping systems, 264
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hangers, supports, sway braces, etc. to be in compliance w ith the current issues of the Calif ornia Building Code (CBC) and California Mechanical Code (CMC).
6) ELECTRICAL
The Consultant shall prepare electrical plans that shall include:
a) Electrical plans shall provide adequate information so that the electrical b) installation is complete and there is a clear indication as to where the work begins and ends. Tables shall identify circuits, protective devices, ratings, loads, phasing, controls, instrumentation, and other pertinent information concerning the installation. Plans shall include:
c) Plot Plan - Required for overhead and underground power, street lighting, telephone conduit, fire alarm and distribution systems. d) Wiring Design - Service shall include power, fire alarm source available and any other special connec tions to outside systems, show locations of entering conduits and service racks. Service disconnect shall be rated to suit the conditions of the case. Metering shall be required unless directed otherwise. Panel boards shall include breakers for feeders and branches of suitable rating. Conditions shall be anal yzed to ensure that the wiring method used is acceptable and economical for the intended use of the facilities. Select branch wiring voltage and system to produce a satisfactory power and lighting installation. Show conductors by si ze, number, voltage, and type of insulation.
e) Riser Diagram - A riser diagram with notations shall indicate the use, rating and location of panel and equipment.
f) Single-Line Diagram - Provide single- line diagram to simplify understanding of power and light ing systems. Use single lines and symbols to indicate the course and component devices or parts of the electrical circuits.
g) Lighting Plan - Lighting fixtures shall be clearly indicated with dimensioned sketched and description, including the method of hanging.
Lumination plan for exterior lighting shall be provided to the City for review and approval.
h) Seismic Anchorage - Plans shall include sufficient details for the attachment and anchorage of all electrical equipment and fi xtures to be in compliance wit h the current issues of California Building Code (CBC) and California Electrical Code (CEC).
i) Fire Alarm System – Plans and specifications shall establish and define design criteria fo r Design -Build (separate permit) Fire Alar m system include controls, stations, speakers, heat detectors, smoke detectors, flow switches, door releases, and any other devices that are electrically a part of the system, to be in compliance with the current issues of the California Fire Code (CFC) and California Electrical Code (CEC)
7) CATHODIC PROTECTION
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Plans and Drawings shall incorporate Public Works Department Cathodic Protection Plan requirements for all facilities subject to corrosion.
8) HAZARDOUS MATERIAL (Supplemental Service)
Hazardous Material abatement specifications shall be prepared:
a) Project Specifications and Construction Documents
b) Develop and prepare written project documents that forth the guidelines for removal, handling, and treatment of regulated materials. c) Documents will outline the performance parameters for remediation work including contamination control, health and safety, contractor qualifications, regulatory compliance, clearance, and release criteria. d) The following documents will be prepared:
- Asbestos abatement specification
- Lead-based paint specification
- Polychlorinated biphenyl (PCB) Containing
D. Meetings and Outreach:
1) Consultant shall lead monthly Project Management Meetings. 2) Consultant shall lead up to ten (10) technical meetings with the City’s Parks and Recreation De partment, Community Development (Building + Planning), Police, Fire, and Public Works department staff. 3) The Consultant shall conduct two (2) integrated design Workshop (IDW). 4) The Consultant shall attend one (1) Planning Commission/Public Hearing Meeting.
5) The Consultant shall produce necessary agenda’s , exhibi ts, materials, presentations, and meeting summaries for these discussions for posting on the Project website and supporting the City’s project Anticipate up to four (4) technical/coordination meetings with the City.
E. Deliverables:
In addition to the materials, drawings, and documents described above, provide the following:
1) Use Permit submittal.
2) A final technical memo clearly presenting a life- cycle cost analysis of anticipated building systems and materials.
3) Construction Document Submittals at the 50%, 75% and final design stages.
4) Submittals and detailed estimated probable costs for the entire Project Budget including construc tion costs, soft costs, miscellaneous costs, and other owner’s costs with each submittal (50%, 75% and final). 5) Response to comments following each submittal
6) Prepare Final (100%) plans and specifications suitable for the purpose of bidding and construction.
7) An updated project schedule.
8) A final value engineering report identifying line- item costs and the pros and cons of possible revisions to proposed materials or design necessary to 266
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meet the project budget.
9) Specific criteria that the City has for completion specific portions of the work include the following:
5. TASK 4 – FURNITURE, FIXTURE S & EQUIPMENT (FF&E) AND WAYFINDING
SIGNAGE (SUPPLEMENTAL SERVICE)
Concurrent with Tasks 1- 6, the Consultant will develop the furniture and signage procurement packages.
A. Furniture:
1) Consultant shall work with the project team to set the furniture budget, and work with the City/Parks and Recreation Committee to develop furniture concepts and select furniture and finishes that enhance the architectural design concepts and meet the program goals. The furniture package will be developed to facilitate procurement of the FFE through established pre- negotiated contracts available to the City.
2) Based on direction given by the City, the Consultant shall provide the following procurement services for furniture:
a) The Consultant shall prepare furniture plans and specifications to identify selected furniture, finishes and quantities.
b) The Consultant shall assist the City in preparing purchase details. The City will be responsible for preparing and processing purchase orders.
B. Wayfinding Signage (Supplemental Service):
1) Consultant shall work with the project team to develop design concepts for recreation center signage and branding. Signage will include graphic “wayfinding” signage that enhances usability and customer experience and integrates with building, room, donor, and code-required signage. 2) The Consultant shall prepare signage concepts for review with the City and integrate that code-required signage into the Construction Documents. 3) Based on direction given by the City, the Consultant shall prepare Design Intent documents consisting of illustrative diagrams, worksheets and/or specifications that will be incorporated into the Construction Documents.
C. Meetings and Installations:
1) The Consultant will attend one (1) signage pre-installation walk through with the signage contractor.
2) The Consultant will provide up to two (2) consecutive days to observe furniture installation.
3) The Consultant shall prepare a punch list of outstanding furniture or signage installation issues.
4) The Consultant shall anticipate up to three (3) coordination meetings with the City.
5) The Consultant shall anticipate up to two (2) meetings for review by the Parks & Recreation Committee.
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D. Deliverables:
1) FF&E Options and Procurement Package
2) Signage Options and Procurement/bid package
3) Installation Review
6. TASK 5 – BIDDING AND CONSTRUCTION SUPPORT
A. BIDDING
The Consultant shall:
1) Assist with the evaluation and response to contractor questions. 2) Attend a pre-bid conference and give a brief presentation of the project. 3) Prepare addenda as required to clarify the bid documents. 4) Consultant shall assist the City with providing an analysis of bids received compared to the Consultant’s final estimated construction cost.
B. CONSTRUCTION SUPPORT
The Consultant shall:
1) Attend one pre- construction meeting. Provide documents, graphi c, etc. for City and Construction Manager as necessary for the meeting. 2) Attend weekly construction meetings (anticipate 100 meetings, which is based on an estimated two (2) year construction period). Meeting minutes will be prepared by the City’s construction manager.
3) Conduct an observation of construction work at appropriate intervals.
Prepare a written documents describing the general nature of work observes and identify any areas observed that are not in general conformance with the construction contract documents.
4) Review and recommend appropriate profes sional action on sub mittals that are required by the construction contract documents. Submittals may take the form of tests, reports, certificate of guarantee, shop drawings, samples, data sheets, or ot her physical or written items. Consultant shall review and mark up each su bmittal with appropriate comments, professional stamp, sign and date each submittal with appropriate action as defined in the construction contract documents and return each submittal to the City within the time period specified. Consul tant shall review op erations manual submittals for appropriateness to the equipment being specified. Anticipate approximately 60 submittals/resubmittals.
5) Provide consultation to the City to clarify the intent and interpretation of the construction contrac t documents as necessary, prepare supplementary information and/or sketches to clarify or supplement the construction contract documents.
6) Respond in writing, including necessary design clarifications, t o Requests for Information (RFI’s) after such requests have been revi ewed by the construction manager for appropriateness.
7) Review and make recommendations regarding “or equal” substitutions and well-documented value engineering alternatives.
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8) Review requests for change orders as to content and appropriateness of the work proposed.
9) Be present during the initial start-up of systems.
10) At a point where the contractor and the City deem the project, or major portions of the project, to be substantially complete, t he Consultant shall conduct a thorough walk through and identify any visible elements of the work that the Consultant judges not to be complete or acceptable. These findings shall be documented in the written form of a “punchlist”. 11) When the items on the “p unchlist” have been resolved, the Consultant shall conduct a final walk through to verify resolution and issue a Notice of Completion to the City.
C. Geotechnical Construction Observation and Testing Services (Supplemental Service)
The Consultant shall provi de geotechnical construction observation services during earthwork and foundation construction that shall include the following:
1) Observation and tests during earthwork and foundation construction, which is expected to include: deep foundation indication program and lateral load test, deep foundation install ation and construction, foundation excavation for miscellaneous site features, building pad preparation, basement retaining wall drainage and backfilling, shoring installation for basement construction, flatwork subgrade and aggrega te base rock preparation, utility trench backfilling and compaction.
2) Daily field reports documenting the results of each site visit. 3) Provide engineering during construction and is expected to include:
occasional supplemental engineering and consultation with the contractor and the project design team; attendance of onsite meetings by the project engineer occasionally, response to contractor submittals and RFIs requiring geotechnical input.
4) Provide intermittent engineering revi ew and technical support to field technicians, and document quality control.
D. Deliverables:
1) Addenda, as required.
2) Analysis of bids.
3) Supporting documents as needed for the pre-construction meeting. 4) Documents describing observation of work at appropriate intervals 5) Submittal, RFI, and Change Order responses , including any plan revisions as necessary
7. TASK 6 – RECORD DOCUMENTS
The Consultant shall provide Record Documents and project closeout services, which includes reviewing the Contractor’s final punch list, noting additional required corrections, non-conforming work, and work remaining to be completed and reviewing Close-out documents and submittals.
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A. Project Close-Out:
1) The Consultant shall review the Contractor’s letter of Substantial Completion and Punchl ist, and if in agreement that Contractor is ready for Punchlist, provide one (1) site visit for Punchlist review and up to two (2) site visits for back check (these would be separate from previously listed site visits for construction) to review for compli ance and general conformance with the design intent of the Contract Documents. The Consultant shall review for general conformance Close -Out documents, including but not limited to submittals, “As Built” drawings, O&M Manuals, written guarantees, instruction books, diagrams and charts, etc., within eighteen ( 18) calendar days of receipt.
B. Record Documents:
1) The Consultant shall prepare Record Documents by modifying the conformed Contr act Documents with all changes and clarifications recommended by the Consultant and accepted by the City during construction. Such changes may be the result of information that was approved in RFIs, Change Orders, or field memoranda written by the Consultant. These will be delivered as PDF files for the City’s use. The Consultant is not required to record as -built conditions which are the responsibility of the Contractor and is not required to produce CAD drawings for the marked-up Contractor As-Built drawings.
C. Meetings:
The Consultant shall:
1) One (1) site visit for Punchlist
2) Up to two (2) site visits for back check
D. Deliverables:
1) Punchlist and Backcheck
2) Record Documents in .pdf format
III. PROJECT MANAGEMENT AND CONTROLS
In performing the Scope of Basic and Supplemental Services, the Consultant shall, at a minimum, execute the management and project controls described below:
A. Management:
1) The Consultant shall designate a Project Manager acceptable to the City. The Project Manager will be responsible for the work including developing the work plan; implementing the project management pr ocedures and controls; and maintaining effective communications among the sub -consultants, City, and other involved agencies and organizations for the duration of the project.
If Consultant wishes to propose a substitute at any time during the duration of the project, the City shall approve Consultant’s Project Manager. 2) To support each invoice, the Consultant shall furnish a project update that shall include the following:
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a) A narrative progress report of specific accomplishments during the reporting period, problems encountered, or anticipated accomplishments scheduled for the next reporting period, and results of quality control programs, technical evaluations, inspections, etc.
b) A cost report for each specific Consultant’s service that shows:
- The current period and cumulative expenditures to date. - The estimated cost to complete each task.
- The estimated date to complete each task.
- The approved budget.
- A comparison of the estimated cost with the approved budget to show any variance.
c) A schedule report that compares actual to planned performance in terms of time and percent complete for each designated service. The control report may include, when appropriate, special submittals based upon productivity analyses or detailed performance projections as request ed by the City project manager.
3) Project control reports are to be submitted monthly, together with invoice submittal, unless directed otherwise by the City project manager. The invoice shall be accompanied by a cost breakdown by discipline, in approved f ormat.
Failure of the Consultant to submit and update plans or furnish required reports as directed shall constitute cause for suspension of payment of invoices.
4) The Consultant shall be available for consultation with the City project manager at all reasonable times a nd shall immediately advise the project manager of requests, technical decisions, or problems that may materially affect a project’s scope, quality, schedule, or cost.
5) Other project management tasks include:
a) Organize and document weekly team meetings.
b) Review work completed to date including goals, scoping, site assessment, conceptual design options, and energy efficiency goals. c) Updating project schedule and other project documents on a monthly
B. Deliverables:
1) Agendas / Summaries for team meetings
2) Project schedule and other project control documents 3) Monthly Invoice Submittals including project control reports and supporting document
4) Staff reports and presentations for public meetings (Planning Commission, Parks and Recreation Committee and City Council)
IV. DEFERRED SUBMITTALS + DELEGATED DESIGN ITEMS (SEPARATE PERMIT) The Contract Documents, in accordance with Public Contract Code, endeavor to list multiple equivalent alternates for a given required product or provide a basis of design with alternative manufacturers. Several products or systems anticipated to be used in the project will require proprietary engineering due to nuances in their engineering specifications. The Con sultant shall provide Basic Services , unless otherwise noted 271
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below, to defin e criteria for the following items that require propri etary engineering during construction by the Contractor based on the specific products that the Contractor proposes to use. During Construction, the Contractor will be providing the proprietary engineering for these items and submitting them to the Building Department or Authority Having Jurisdiction (AHJ).
A. Separate Permits:
1) Fire Sprinkler System
2) Fire Alarm System & Fire Monitoring System and Panel 3) Fire Service Underground Plans
4) Kitchen Exhaust Hood and Fire Suppression System
5) Elevators, Elevator Machinery & Connections to Structure 6) Distributed Antennae System (DAS)- (Optional Service) 7) Photovoltaic Panel System (Optional Service)
B. Deferred Delegated Design:
1) Cold Formed Metal Framing
2) Aluminum Framed Storefront and Curtain wall, Sunshades 3) Exterior Wall Cladding
4) Exterior Soffits
5) Ceiling equipment weighing more than 20lbs or more
6) Guardrails, Handrails & Connection to structure
7) Glass Railings & Canopies
8) Kitchen Hood Support
9) Fall Arrest System
10) Telecommunications: support and seismic restraint of communication cabinets, frames, equipment anchorage, wall mounted racks and enclosures, cable runway and cable tray
11) HVAC Equipment Support, duct support and attachment to structure 12) Elec. Equipment anchorage to structure
13) Fault Current Calculation
V. OPTIONAL SERVICES
The foll owing services are not included in the Consultant ’s Scope of Basic and Supplemental Services and shall be provided if requested by the City. The Consultant shall be compensated for Op tional Services in addition to compensation for Basic and Supplemental Services, and Reimbursable Expenses.
A. Distributed Antennae System (DAS) Design
The Consultant shall provide plans and specifications that establish and define design criteria for Design- Build (Separate Permit) of a Distributed Antennae System (DAS) that shall include:
5) The design for a turnkey Emergency Responder Radio Sys tem (ERRS) to provide coverage for emergency responder 2- way radio signals within the entire building, compliant with all adopted codes including, but not be limited to CBC/IBC -916, IFC -510 and NFPA -72. Note, this system may also be referenced as Emergency / First Responder DAS or Public Safety DAS. 272
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B. Master Planning Services for Waterfront
In addition to the design services for the Recreat ion Center, the Consultant shall also provide master planning for the Park’s adjacent 1000 linear feet of waterfront as shown on Exhibit A 1. The master planning for the waterfront will occur concurrent with Recreation Center Conceptual Design Refinement Task 1A and the Schematic Design Task 1B. The Consul tant shall provide the following services:
1) Conceptual Design: the purpose of this task is to develop an overall design concept for the waterfront and to document in written and graphic form the layout and character of the project. The Consultant shall:
a) Develop up to two alternative approaches will be developed for the City’s review and direction.
b) Develop overall illustrative plan.
c) Develop site sections (up to two).
d) Provide reference images.
e) Develop concept narrative.
f) Incorporate the Waterfront design into the Community engagement. 2) Schematic Design: Based on the approved the Consultant shall prepare schematic design drawings to further define the overall character and treatment of landscape architectural d esign the purpose of this task is to develop the preferred conceptual design in to a schematic design package.
The Consultant shall provide the following:
a) Preparation of conceptual grading indicating the grading design through use of contours and/or spot elevations.
b) Coordination with the Client’s civil engineer to maintain the aesthetic and surface function on the engineered grading and water quality plans.
c) Finish grading and surface drainage of pedestrian pavements and planting areas addressing:
d) Drainage.
e) Aesthetics.
f) Accessibility.
g) Stormwater management and water quality
h) Pedestrian, micromobility and decorative vehicular pavements. i) Landscape concept diagram.
j) Illustrative schematic landscape plan.
k) Conceptual grading plan.
l) Lighting concept diagram.
m) Preliminary plant list, materials and precedents.
n) Illustrative site sections (up to three).
o) Preliminary water demand estimate.
C. Photovoltaic System Design
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The Consultant shall provide plans and specifications which shall establish and define the design intent and cr iteria for Design- Build (separate permit) of a photovoltaic system:
1) Providing the following PV design drawings:
a) Rooftop Solar Panel layout & criteria assuming low-profile standing seam mounting system racking on metal roofs and/or pre-engineered tilt- rack solution on non-metal roofs.
b) Panel stringing diagram.
c) Wiring Schedule & Voltage drop calculations.
d) Single line interconnection information.
e) System sizing information and minimum production requirements. f) Site plans
VI. ADDITIONAL SERVICES
The following serv ices are not included in the Consultant’s Scope of Bas ic and Supplemental Services and shall be provided if requested by the City. The Consultant shall be compensated for Additional Services in addition to compensation for Basic , Supplemental Services and Reimbursable Expenses.
1) Any other service not included in Basic Services or Supplemental Services. 2) Detailed analysis or engineering analysis of existing facilities 3) Services of Subconsultants to the Consultant other than those included in Basic Services or, Supplemental Services.
4) Providing services to verify th e accuracy of drawings or other information furnished by the City.
5) Providing financial feasibility or other special studies. 6) Providing cost estimates beyond what i s included in Basic and Supplemental Services.
7) Preparation of communication, marketing, and fundraising materials including PowerPoint, flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content other than t hose included in Basic and Supplemental Services.
8) Providing services for preparing measure d drawings of existing building conditions with the exception of the site survey and site plan. 9) Additional architectural images of new recreation center other than t hose included in Basic and Supplemental Services.
10) Making revisions in drawings, or documents when such revisions are:
p) Inconsistent with directions or instructions previously given by the City.
q) Required by the enactment or revision of codes, laws or regulat ions subsequent to the preparation of such documents.
r) Due to changes required as a result o f the City’s failure to render decisions in a timely manner.
11) Providing services required due to significant Project scope changes, including but not limited to, size, quality, complexity, the approved P roject schedule, or the method of bidding or negotiati ng and contracting for construction
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12) Work required to correct non-conforming work of Contractor. 13) Site Surveys, including on site features, sub surface features, topography, boundary, survey, etc. other than those included in Basic and Supplemental Services.
14) Testing and/or evaluation of any off-site utilities 15) Preparation, attendance and follow -up for meetings or presentations that are in addition to those that are spec ified and budgeted in basic services or optional services.
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EXHIBIT A-1
LIMITS OF WORK
Limits of Work:
Recreations Center Scope: ~ 6 acres as indicated in orange on diagram below.
Waterfront Master Planning Services: ~ 1,000 linear feet of waterfront frontage, as indicated in blue on the diagram below.
END OF EXHIBIT A
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EXHIBIT B
COMPENSATION/FEE SCHEDULE
1. COMPENSATION FOR BASIC AND SUPPLEMENTAL SERVICES
1.A Compensation to the Consultant for Basic Services and Supplemental Services described in Exhibit A, shall be a stipulated sum of Five Million Four Hundred Eighty-Three Thousand, Nine Hundred and Fifty Seven Dollars ($5,483,957.00).
1.B Compensation for Basic Services per project phase shall not exceed the following compensation unless approved by the City.
Task 1A Conceptual Design Refinement Services $ 275,005.00 Task 1B Schematic Design $ 511,663.00
Task 2 Design Development Documents $1,233,837.00
Task 3 Use Permit and Construction Documents $1,669,829.00 Task 5A & 5B Bidding and Construction $1,112,061.00 Task 6 Record Documents $ 83,148.00
Subtotal Basic Compensation (Task 1A, 1B, 2, 3, 5A, 5B & 6) $4,885,543.00
1.C Compensation for Supplemental Services shall not exceed the following compensation unless approved by the City.
Task 1C CEQA MND $ 73,500.00
Task 4 Furniture, Fixtures and Equipment $ 110,365.00 Geotechnical Report and Documentation Review $ 60,000.00 Hazardous Material Testing, and Analysis $ 26,549.00 Site Survey $ 55,000.00
Wayfinding Signage $ 33,000.00
Task 5C Geotechnical Construction Observation $ 90,000.00 And Testing Services
(Time and Material not to exceed amount.)
Subtotal Supplemental Compensation $ 448,414.00
Total Basic and Supplemental Compensation $5,333,957.00
Reimbursable Expenses Allowance, Paragraph 4.0 below: $150,000.00
Total Maximum Compensation for Basic and Supplemental
Services including the Reimbursable Expenses Allowance $5,483,957.00
2. COMPENSATION FOR OPTIONAL SERVICES
2.A Compensation to the Consultant for Optional Services described in Exhibit A are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City.
2.B The Consultant shall be compensated for Optional Services in addition to compensation for Basic and Supplemental Services if Authorized by the City.
V.1 Distributed Antennae System (DAS) Design (Stipulated Sum) $ 13,200.00 V.2 Master Planning Services for ~1,000LF Boardwalk
(Stipulated Sum) $ 74,250.00
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V.3 Photovoltaic System Design (Stipulated Sum) $ 19,800.00
3. COMPENSATION FOR ADDITIONAL SERVICES
3.A Compensation to the Consultant for Additional Services described in Exhibit A is in addition to compensation for Basic Services and shall be either at the following hourly rates or made as a negotiated stipulated sum. The rates below will be in effect through December 31st, 2023, and are subject to annual revisions at the start of each calendar year.
Principal in Charge $260.00
Principal $250.00
Associate $230.00
Project Manager $195.00
Architect III $190.00
Architect II $180.00
Architect I $175.00
Architectural Staff III $165.00
Architectural Staff II $155.00
Architectural Staff I $145.00
Interior Designer II / Planner II $155.00
Interior Designer I / Planner I $145.00
Project Support $120.00 -$240.00
Consulting Principal $320.00
3.B Compensation for meetings in addition to those described in Exhibit A Basic and Supplemental Services shall be on a per meeting basis at the rates below.
Community Open House, Online Survey, and Pop-up Kiosk $5,500 per event Citizen’s Advisory Committee (CAC) Meetings $1,750 per meeting Commission Meetings: $1,750 per meeting
City Council Presentation $2,500 per meeting
Community Meetings $2,500 per meeting
4. COMPENSATION FOR REIMBURSABLE EXPENSES
4.A Reimbursable expenses related to the Project, whether for consultant, subconsultant, or City use, and are billable at 1.10 times direct cost Reimbursable expenses are in addition to compensation for Basic and Supplemental Services in Exhibit A and shall not exceed One Hundred, and Fifty Thousand Dollars ($150,000) without approval by the City.
Reimbursable expenses include expenses incurred by the Architect and subconsultants in the interest of the Project. Such costs include, but are not necessarily limited to:
CAD plotting of check sets and presentation drawings larger than 11”x17”. Outside service printing/copying of drawings and documents of any size. In-house black and white printing/copying of drawings larger than 11"x 17". In-house black and white printing/copying for draft and final reports and specifications. In-house color printing and photocopying up to 11”x17” for in-house, consultant or client use.
Software purchase and licensure on behalf of the client with prior client approval. Postage, delivery and messenger service.
Photographic and digital imaging, including color and grayscale copies of any size. Overtime expenses with prior client approval.
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Architectural renderings, physical and digital scale models and animations other than those specified under Basic Services.
Travel expenses such as mileage, bridge tolls, and meals. Subconsultant costs.
Presentation boards.
Facilitation tools.
Workshop accessories and facilitation materials.
Videos, web services, opinion surveys.
Additional consultant services.
The following expenses are included in the hourly billing rates and are not billed separately:
General in-house black and white printing/copying of 11"x 17" or smaller, except as noted above.
Telephone and fax usage, unless stipulated otherwise by Agreement.
4.B Rates for Reimbursable Expenses are subject to annual revision each January 1st.
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EXHIBIT C
SCHEDULE OF SERVICES
SCHEDULE OF PERFORMANCE
1. Consultant shall complete all Basic Services Tasks 1A through 6, as described in Exhibit A, by end of September 2025.
1.A The preliminary schedule for Tasks 1A through 6 of Basic Services is as follows.
Tasks Completed by end of:
Task 1A Conceptual Design Refinement 3 Months after NTP Task 1B Schematic Design 3 Months after NTP
Task 1C
Task 2
CEQA – MND
Design Development
Concurrent with
Tasks 1A, 1B &Task 2
3 Months after NTP
Task 3 Use Permit & Construction Documents 5 Months after NTP Task 4 Furniture, Fixtures & Equipment
(FF&E)
Concurrent with Tasks 2,
3 & Task 5
Task 5 Bidding & Construction Support Up to 24 Months after NTP
Task 6 Record Documents 2 Months after NTP
1.B The schedule for the project overall or any phase(s) may be adjusted upon mutual agreement of the City and the Consultant to meet changing project needs. 280
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EXHIBIT D
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 o f Agreement, by and between Consultant Name, herei nafter 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, official s, a gents, officers, and em ployees agai nst all claims and liability for death , injury, loss and damage as a result of Consulta nt's acts, errors, or omissions in connection with the performance of Cons ultant's obligations, as required in this Agreement, shall s ecure and maintain insurance as des cribed below. Consultant shall not per form any work under this Agreement until Consultant has obtained all insurance required under this section and the require d cert ificates of insurance and all required endorsement s have been filed with the City 's authorized insurance representative, insura nce Tracking Services Inc. (ITS). Receipt of evi dence of insurance that does not comply with all applicable insurance requiremen ts shall not const itute a waiver of the insurance requirements set forth here in. The req uired documents must be signed by th e authorized representative of the insurance company s hown on the certificate. Upon request, Consultant shall supply proof t hat such person is an au thorized 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 necessa ry 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 expi ration date of any policy and bear a notation evidenci ng payment of the premi um thereof i f 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 Gene ral Liability Insurance including, but not limited t o, Contractual Liability Insurance for non- professional services claims (specifically concerning the indemni ty provisions of this Ag reement with the City ), Products-Completed Operations Hazard, liabilit y for slander, and false arrest arising out of profes sional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consul tant's performance of non- professional services under th is Agreement. The Commercial Genera l Liability insur ance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant s hall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law follo wing termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, w hich shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, lis ting t he “ City of Foster City, its Council members, officials, agents, officers, and employees”.
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[FOR THE FOLLOWING INSURANCE REQ UIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUI REMENT THAT IS NOT APPLICABLE. P LEASE 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 P roperty Damage covering any vehicle and/or all owned, if any, leased, hired and non-owned vehicles used i n 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 shal l submit written proof that Consul tant 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 t his 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 lia bility 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 fi ve (5) years following the termination of this Agreement with coverage extending back to the eff ective 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, with the named insured included as an additional insured.
3. Insurance terms and conditions:
3.1 Cancellation of Insurance
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The above s tated 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 is sued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do busine ss in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A -; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self- insured or a member of a self -insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.
The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.
3.4 For any claims related to the Agr eement, the Consultant’s insurance cov erage shall be primary insurance coverage at least as broa d 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 vo lunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase suc h required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanc ed 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 thi s 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 th e required insurance (other than error s and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP" ), in which case Consultant and its subconsultants shall communicate this fact to their insuranc e 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 t hat 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 projec t 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 D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointe d 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) ac tivities 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 ow nership, 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 n eeded) (Check all that apply)
Insurer Policy
No.
Workers Compensation : work p erformed 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 s eeking 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 sh all 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 S UBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY , its elected or appointed officers, officials, agents, volunteer s and employees for losses paid unde r 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) 285
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ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
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 287
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the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
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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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PROJECT PARTICIPATION PLAN
FOSTER CITY RECREATION CENTER
21 November 2022
290
Conduct kick-off meeting
Project directory/project contact
Community participation plan
Work plan & schedule (updated at the
beginning of each task)
Update project website (ongoing for
duration of project) Site survey and
record boundary
Geotechnical report
Refined building program
Prepare conceptual design options:
– Design values and sustainability
goals
– (2) Floor plan options with
massing
– Site options
– Exterior materials palette
– Cost models
Prepare refined conceptual design
package for preferred option:
– Site plans, floor plans, elevations
– Narrative specs and system
descriptions
– 3d model and vignettes
– Refined cost model
– Phasing plan
Prepare schematic design:
– Site plan
Architectural drawings
– Life cycle analysis
– Building systems narrative
– Outline specifications
– Renderings
– Updated building program
– LEED checklist (for reference)
– Exterior materials palette
Prepare updated construction
estimate
Project budget
Project schedule
Incorporate schematic design
comments
Prepare design development
packages
Prepare updated construction
estimate
Project budget
Project schedule
Review City-selected furniture to be re-used
Develop wayfinding and signage strategy
Develop preliminary furniture plan
Prepare an initial study
Analysis impacts
Historic resource evaluation
Technical evaluations for air quality, energy,
greenhouse gas emissions, noise, and transportation
Prepare three (3) drafts of Initial Study, including: administrative draft, screen check draft, public review draft
Final Initial Study/mitigation negative declaration (IS/MND) Mitigation Monitoring and Reporting Program (MMRP)
Meetings (3) project team meetings via teleconference and (1) public hearing Develop preliminary
furniture/signage budget
Meetings: Integrated with
Tasks 1-7
Prepare updated furniture and signage plans
Prepare updated furniture/signage budget
Prepare updated furniture and
signage plans
Prepare updated furniture/
signage budget
Furniture selection
Furniture specifications and bid documents
Order and procure through state contracts
Furniture Install
Use permit package
– Prepare use permit package for review by the
Interdepartmental Evaluation Committee (IDEC) and
Planning Commission
Construction documents
– Incorporate design development and use permit
package comments
– Prepare 50%, 75% (plan check), and final (bid set)
construction documents packages
– Prepare updated construction estimate
Assist in pre-proposal meeting
Review RFIs
Issue addenda
Review bids
Prepare conform set
Review submittals, shop drawings, and schedules
Review and respond to contractor’s requests for
information (RFIs)
Attend Owner Architect Contractor (OAC) meetings
Prepare supplemental instructions (ASIs)
Review contractor’s COR + CO Prepare record
drawings
JAN – MAR APR – JUN JUL – SEPT OCT – DEC JAN – MAR APR – MAY 18-24 MONTHSJUN – SEPT OPTIONAL SERVICE: Prepare
updated operational revenue
analysis report based on
conceptual design options
ADDITIVE ALTERNATE SCOPE:
Environmental review documents
as necessary for City-led CEQA
process
2023 2024
PMTS
TECHNICAL MEETINGS (City/Recreation Staff, Planning, Building, Public Works, Public Safety, Fire) INTEGRATED DESIGN WORKSHOPS (IDWs)
PLANNING COMMISSION + PARKS AND RECREATION COMMITTEE
RECREATION CENTER PROJECT TASK FORCE
CITY COUNCIL
COMMUNITY
Round 1 Round 2
Public Hearing
(Planning Commission only)
JointJoint Joint
GROUP 4FOSTER CITY RECREATION CENTER
DRAFT WORK PLAN 2022-11-01
TASK 4 – FF&E
PROJECT PARTICIPATION
TASK 1 – CONCEPTUAL DESIGN REFINEMENT AND
SCHEMATIC DESIGN
1A – CONCEPTUAL DESIGN
REFINEMENT
1C – CEQA
1B – SCHEMATIC DESIGN
USE PERMIT
PACKAGE
(25% CD)
CONSTRUCTION DOCUMENTS
TASK 2 – DESIGN
DEVELOPMENT
DOCUMENTS TASK 3 – USE PERMIT AND CONSTRUCTION
DOCUMENTS
TASK 5 – BIDDING AND CONSTRUCTION SUPPORT
TASK 6 –
RECORD
DOCUMENTS
BID AND AWARD
PROJECT
CONSTRUCTION DESIGN SUPPORT
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POSITIONING PROJECTS FOR SUCCESS
Group 4 has developed a participatory design process and hundreds of successful community projects. We have been instrumental in assisting our clients with community engagement and public information campaigns. What sets our process apart is our proven record of building a shared vision, consensus, and momentum for public projects that reflect community priorities and values. Our proposed process for the Foster City Recreation Center Replacement Project builds on the strong foundation of community engagement that City began in 2016-2017. We look forward to refining the proposed engagement plan with the City to ensure the most effective use of City resources.
Excellent local examples of the success of our proven process include the recently completed Burlingame Community Center, and the San Bruno Recreation and Aquatic Center that is currently under construction. Both projects started at similar points that you are now – needing to leverage work from previous studies, build a strong foundation of support for a shared vision, and deliver a clear path forward to implementation and realization of the vision. 292
WORKING WITH THE COMMUNITY,
RECREATION CENTER PROJECT TASK
FORCE, COMMUNITY LEADERS, AND STAFF
We will develop project goals and objectives early in the process with the community, Recreation Center Project Task Force (RCPTF), Parks and Recreation Committee, Planning Commission, and staff. The interactive planning process will create a shared vision for the new Recreation Center and continue to define the planning and design values that will not only shape the project, but also act as criteria for evaluating the success of various development strategies and design solutions.
The approach to working with staff begins with the establishment of a Project Management Team (PMT) that meets at regular intervals to make decisions and have in depth discussions on design and technical issues. At project inception, we work with City staff to develop project goals and objectives that are referenced throughout the project at key milestones and decision points that ensure alignment of expectations, budget, schedule, and scope to deliver the shared vision. We will meet regularly with the team of client representatives to review project progress and provide overall direction, from developing the initial work plan, schedule, and participation plan to confirming project findings and approving work products. We reference our project schedule at each team meeting to ensure that the project is on track – we also use the schedule to communicate and coordinate work among our consultant team members. The PMT will also monitor the project participation plan closely, and review content and exhibits before presentations to stakeholders, the community, and City Council. We anticipate that the PMT will include the City’s project manager, key City and Parks and Recreation staff, Group 4’s project manager, and key consultants; the City may also wish to include other key City staff in the PMT or certain meetings, depending on agenda topics.
The proposed multi-layered community engagement plan is described below.
RECREATION CENTER PROJECT TASK FORCE
We recommend the development of the Recreation Center
Project Task Force (RCPTF) with representatives from a wide cross section of community groups and advisory committees, such as the Planning Commission, Parks and Recreation Committee, City staff, and representatives from key stakeholder groups. A strong project RCPTF will act as an effective sounding board to vet options and strategies based on their inherent community knowledge; the RCPTF will also be project ambassadors who will provide updates to their constituents and promote participation in community engagement events. The RCPTF will work closely with the project team during the Conceptual and Schematic Design phases at monthly meetings.
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PARKS AND RECREATION COMMITTEE AND PLANNING COMMISSION
Three joint Parks and Recreation Committee and Planning Commission meetings are planned. Working together to provide input on the site strategies, concept options and the recommended schematic design will allow the insights and knowledge of the members to be shared and integrated into the final design, creating a strong foundation for the project. The fourth meeting with the Planning Commission will be the public hearing for the CEQA document.
COMMUNITY
A project website will be created and maintained throughout the project allowing the community to stay abreast of all project developments and progress. The design team will maintain the site and update it monthly will all public presentations and reports.
Additionally, we will engage the community with open houses, intercept events, pop up kiosk and online surveys at both the Conceptual and Schematic Design phases. The open house, online survey, pop up kiosk will contain the same content, in three formats so we can collect the community’s input on their preference for design values and plan options.
CITY COUNCIL
The City Council will have monthly updates by staff on the progress of the project and formal presentations by the design team at key milestones in the Conceptual and Schematic Design phases and prior to going out to bid.
WORKING WITH STAFF
Technical Meetings – We will conduct technical meetings with City staff at every phase of the project that will include: Parks and Recreation staff to confirm the programmatic, functional, and operational requirements of the new recreation facility; Building division to confirm our code analysis and requirements for emergency access, security, and fire protection; Planning division to confirm zoning, Setback, site, and parking requirements and Use Permit Application and review; and the Police and Fire Departments to review for safety, access, and equipment requirements.
Integrated Design Workshop – We have included Integrated Design Workshops (IDWs) in the project work plan during the design phases of the project. The purpose of IDWs is to have City departments, recreation staff, maintenance team, designers, and cost estimator have a clear understanding of the building and its systems and to keep the project budget and scope aligned. This proactive approach to budget/scope/expectations alignment is one of the attributing factors to our excellent record in cost forecasting and budget management, and we have found this approach to be significantly more effective than reactive value engineering. We will use the LEED matrix as a tool to facilitate the discussion on every aspect of the project from site utilities to door hardware. We will discuss the balance between the program requirements, sustainability targets, and the project budget. We will discuss and identify strategies and systems for achieving sustainability, performance, and maintenance goals. 294
Prepared Date 10/31/2022 City of Foster City, CA
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