Agenda packet — Foster City City Council, December 5, 2022 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/87979689501 To dialin via phone:
1669444 9171 or
14086380968
And enter Webinar ID: 879 7968 9501
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/
EMID BOARD OF DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

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

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

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

5.2.1. A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Proposal for Construction Management and Support Services for the Recreation Center Replacement Project (CIP 301678)
a) Staff Report
b) Adopt Resolution

5.2.2. a) A Resolution of the City Council of the City of Foster Accepting the Annual Capacity Fees and Development Impact Fee Report for FY 20212022; Establishing Three New Funds for Park Facilities Impact Fee, Transportation Impact Fee, and Public Safety Impact Fee; Budgeting for FY20222023 Revenues for Three New Impact Fees; and Appropriating Corresponding Capital Improvement Project Expenditures for These Fees; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Annual Capacity Fees and Development Impact Fee Report for FY 20212022
c) Staff Report
d) Adopt Resolutions

5.2.3. a) A Resolution of the City Council of the City of Foster City Confirming the Flexible Benefits Allowance for Members Serving on the City Council Effective January 1, 2023; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Confirming the Flexible Benefits Allowance for Members Serving on the City Council Effective January 1, 2023 c) Staff Report
d) Adopt Resolutions

5.2.4. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions

5.2.5. a) A Resolution of the City Council of the City of Foster City Approving Task Order Bar202204 With Bartos Architecture Inc. In the Amount of $158,500 for the Preliminary Condition Assessment, Design, Bid and Construction Support Services for the Roof Replacements at City Buildings Project (CIP 301693), and Study of the Sea Cloud Park Maintenance Substation; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order Bar202204 With Bartos Architecture Inc. In the Amount of $158,500 for the Preliminary Condition Assessment, Design, Bid and Construction Support Services for the Roof Replacements at City Buildings Project (CIP 301693), and Study of the Sea Cloud Park Maintenance Substation c) Staff Report
d) Adopt Resolutions

6. PUBLIC HEARINGS

6.1. A Public Hearing To Hear and Consider Public Comments Regarding a Recommendation to the City Council Regarding an Amendment to the General Plan Definition for Town Center Land Use Category to Allow Residential, Mixed Use, Commercial Retail, and Research and Development Uses (GP20210003)and an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the Land Known as Parkside Towers to Allow R&D Uses (Rz20210005)
Located at 1001 and 1051 E. Hillsdale Boulevard – Harvest Properties – Neighborhood TC – APN: 094524220
a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Adopting a Text Amendment to the General Plan, Land Use and Circulation Element, “Town Center Commercial” Land Use Category to Allow Residential, Mixed Use, Office, Commercial Retail, Service and Research and Development Uses for the “Town Center Commercial” Land Use Category and Finding the Project is Exempt From the California Environmental Quality Act (CEQA) – City of Foster City – GP20210003
f) Action – An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.99 acre Parcel Known as Parkside Towers at 1001 and 1051 East Hillsdale Boulevard at the Northern Corner of Foster City Boulevard and East Hillsdale Boulevard in The C2/PD (General Business/planned Development Combining) District With an Amended General Development Plan to Allow Research and Development (R&D) Use and Finding the Project is Exempt From the California Environmental Quality Act (CEQA) – APN 094524220 RZ20210005

7. RESOLUTIONS FOR ADOPTION

7.1. A Resolution of the City Council of the City of Foster City Authorizing Amendment No. 2 With Regional Government Services Authority (RGS) Extending Management Consulting Services for a One Year Term From January 1, 2023 Through December 31, 2023 for the Levee Protection Planning and Improvements Project (CIP 327657)
a) Staff Report
b) Action – Adopt Resolution

7.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Four (4) in the Amount of $760,000 with Schaaf & Wheeler Consulting Civil Engineers for Phase III Services for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution

7.3. Consideration of Adoption of an Amended Pay Plan for Fiscal Year 2022 2023 a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20222023 c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20222023

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

9. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

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

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

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

Page 1 ends

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercity‐ org.zoom.us/j/87979689501
To dialin via phone:
16694449171 or
14086380968
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercity‐ org.zoom.us/j/87979689501
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 879 7968 9501
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercity‐org.zoom.us/j/87979689501 PUBLIC COMMENTS
WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, December 05, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Minutes

5.1.1. City Council/Planning Commision Joint Special Meeting of November 15, 2022

5.1.2. City/EMID Regular Meeting of November 21, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022133 and EMID Resolution Number to be used tonight is 3693)

6. PUBLIC HEARINGS

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 15, 2022.
a) Information Item Only
b) No Action Required

10. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

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

FOSTER CITY PLANNING COMMISSION
SPECIAL MEETING OF NOVEMBER 15, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL AND FOSTER CITY PLANNING COMMISSION The duly called and noticed special meeting of the City Council and Planning Commission of the City of Foster City (City), sitting as said Council and Planning Commission of November 15, 2022 was called to order at 6:30 p.m. by Mayor Awasthi.

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

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

PRESENT: Councilmembers Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan and Mayor Richa Awasthi.

Planning Commissioners, Charlie Bronitsky, Nicolas Haddad, Phoebe Venkat, and Chair Evan Adams.

ABSENT: Planning Commissioner Ravi Jagtiani
STAFF PRESENT: Stefan Chatwin, City Manager, Denise Bazzano, Assistant Attorney; Marlene Subhashini, Community Development Director; Tracy Avelar; Leslie Carmichael, Planning Consultant; Rob Lasky; IT Manager; Shuli Chen, Video Technician; and Yelena Cappello, Acting Communications Director/City Clerk.

PUBLIC
The following people addressed the City Council via email:

1. Mark Watson, representing the owners of the Foster City Marina Property;

2. Connie Vial;

3. Richard Harris, representing San Francisco Golf Alliance.

STUDY SESSION
Mayor Awasthi recessed the meeting into study session for Joint City Council & Planning Commission study session for:

5.1.1. Minutes
8 1. Review Comments from the California Department of Housing and Community Development on the 2023-2031 Draft Housing Element Update and Discuss Revisions to Address Comments for Resubmittal – GP2020-000; and

2. Overview of Zoning and General Plan Amendments and Modification of the Tenant Preferences for the Existing Unit Purchase Program Related to Implementation of the Housing Element Update – RZ2022-0003; RZ2022-0002 and GP2022-0001 Community Development Director Subhashini and Consulting Planner Carmichael presented the staff report and facilitated the discussion.

Jeremy Levine, representing Housing Leadership Council, addressed the City Council and Planning Commission via teleconference.

The following people addressed the City Council and Planning Commission in person:

1. Gary Dababo; and

2. Shankar Kenkre
Discussion ensued.

RECESS. The meeting recessed at 8:40 p.m. and reconvened at 8:45 p.m.

Meeting recessed into study session at 6:33 p.m. and reconvened at 9:21 p.m.

ADJOURNMENT
Hearing no objection from the City Council and Planning Commission, Mayor Awasthi adjourned the meeting. Meeting adjourned at 9:21 p.m.
9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 21, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 21, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

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

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Ben Stock, City Attorney/District Legal Counsel; Edmund Suen, Finance Director, Marlene Subhashini, Community Development Director; Derek Schweigart, Parks and Recreation Director; Tracy Avelar, Police Chief; Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Marty Cooper, Chief Building Inspector; Julie Paping, Principal Management Analyst; Shuli Chen, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.

Councilmember Hindi made a land acknowledgement that Foster City is on unceded ancestral homeland of the Ramaytush Ohlone who are the original inhabitants of the San Francisco Peninsula.

SPECIAL PRESENTATIONS

A PROCLAMATION RECOGNIZING SUPRIYA SINGH FOR HER WORK WITH THE FOSTER CITY VILLAGE.

5.1.2. Minutes
10 Mayor Awasthi presented the proclamation recognizing Supriya Singh for her work with the Foster City Village to Supriya Singh.

A PROCLAMATION RECOGNIZING NOVEMBER 2022 AS NATIVE AMERICAN HERITAGE MONTH.

Councilmember Gehani presented the proclamation recognizing November 2022 as Native American Heritage Month to Gloria Gutierrez, Co-Chair NIPI/ Native Indigenous Peoples Initiative.

PRESENTATION BY FOSTER CITY LIBRARY MANAGER JULIE
FINKLANG REGARDING THE SAN MATEO COUNTY LIBRARY 2021-2022 ANNUAL REPORT.

Foster City Library Branch Manager Julie Finklang and Senior Librarian Gina Feil conducted a presentation regarding the San Mateo county library 2021-2022 annual report.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of November 7, 2022;

2. EMID Resolution No. 2022-3690, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Sensus Large Water Meters From Thirkettle Corporation, (Dba Aqua-metric Sales Company) in an Amount Not to Exceed $150,000.00;”

3. City Resolution No. 2022-128, “A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Sole Source Professional Services Agreement with Verde Design, Inc. for Professional Engineering Services, Bidding Support and Construction Support for Sea Cloud Park S4 Synthetic Resurfacing Project (CIP 301-709) in the Amount of $56,800 with a Contingency of $8,000;”

4. City Resolution No. 2022-129, “A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;”

5. EMID Resolution No. 3691, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and 11 Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;” and

6. Minute Order No. 1887, “By Minute Order, Receive and Accept Report on 1st Quarter Fiscal Year 2022-23 Financial Update.”
Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried, 4- 0-0, approving the following items on the City/District Consent Calendar:

Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.

1. City Ordinance No. 656, “An Ordinance of the City of Foster City Amending Title 8, “Health and Safety,” of the Foster City Municipal Code to Add a New Chapter

8.12, “Tobacco Retailer Permit” and Section 8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Relating to Enforcement (First Reading November 7, 2022) and finding Ordinance exempt from the California Environmental Quality Act

REMOVED FROM CONSENT
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan.

ADOPTING AN UPDATED INVESTMENT POLICY DATED NOVEMBER 21, 2022 AND

AUTHORIZING THE CITY MANAGER OR CITY TREASURER TO EXECUTE

DOCUMENTS FOR THE CITY TO JOIN WITH OTHER PUBLIC AGENCIES AS

SHAREHOLDERS OF THE CALIFORNIA ASSET MANAGEMENT TRUST, A JOINT

POWERS AUTHORITY (JPA), TO INVEST IN SHARES OF THE TRUST AND TO JOIN AS AN INVESTOR. CITY RESOLUTION NO. 2022-130. EMID RESOLUTION NO. 3692.

Finance Director Suen presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Sullivan and carried 5-0-0, adopting City Resolution No. 2022-130, “A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor” and EMID Resolution No. 3692, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as 12 Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor.”

PUBLIC HEARINGS
PROPOSED SOLID WASTE COLLECTION RATES FOR CALENDAR YEAR 2023. CITY RESOLUTION NO. 2022-131.

Mayor Awasthi opened a public hearing to hear and consider comments regarding proposed Solid Waste Collection Rates for Calendar Year 2023.

Principal Management Analyst Lorenz presented the staff report.

No public testimony was received.

Without objection from the City Council, Mayor Awasthi closed the public hearing.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-131, “An Ordinance of the City of Foster City Amending Section 1.01.010, “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.”

REPORTS

INDEPENDENT CITIZENS' BOND OVERSIGHT COMMITTEE'S (LEVEE BOND

OVERSIGHT COMMITTEE) ANNUAL REPORT TO THE CITY COUNCIL REGARDING

THE EXPENDITURES OF BOND PROCEEDS ASSOCIATED WITH THE LEVEE IMPROVEMENTS PROJECT (CIP 327-657). MINUTE ORDER NO. 1888.

Public Works Director Sun presented the staff report.

Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1888, receiving and accepting the report.

LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - MONTHLY GENERAL UPDATE.

MINUTE ORDER NO. 1889.

Public Works Director Sun presented the staff report.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1889, receiving and accepting the report. 13 REPORT ON WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR JULY THROUGH SEPTEMBER 2022. MINUTE ORDER NO. 1890.

Public Works Director Sun presented the staff report.

Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1890, receiving and accepting the report.

RESOLUTIONS FOR ADOPTION
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) AND A PROJECT PARTICIPATION PLAN. CITY RESOLUTION NO. 2022-131. MINUTE ORDER NO. 1891.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-132, “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).”
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1891, receiving and accepting the Project Participation Plan.

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

City/District Warrants of Demands were Processed and Issued October 31, 2022, and ACH were processed on November 4, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
City/District Manager Chatwin announced that the next City Council meeting will take place on December 5, the City Council Reorganization will take place December 12, and 14 a Special Meeting is scheduled for January 9. The December 19 and January 3 City Council meetings have been cancelled.

Councilmember/Director Sullivan thanked Councilmember Hindi for making a land acknowledgement regarding the Ramaytush Ohlone. He attended the November 15 City Council and Planning Commission joint special meeting to discuss the Housing Element.

On November 17, he attended the Peninsula Clean Energy meeting. On November 18, he attended the Council of Cities meeting in Belmont and viewed a presentation on the housing overlay. On November 19, he attended the Chinese Business Owner’s Association Art Contest.

Councilmember/Director Gehani stated that he attended the Council of Cities dinner with Councilmember Sullivan and Councilmember Froomin. On November 14, he attended the Library Joint Power Authority Board meeting, and acknowledged the dedication of long serving members who are leaving the Board, including Regina Wallace-Jones (East Palo Alto), Reuben Holober (Millbrae), Charles Stone (Belmont), Mike O’Neill (Pacifica), Carole Groom (County Supervisor), Maryann Derwin (Portola Valley). On November 17, he attended the Commute.org meeting and they discussed an update on Assembly Bill 2449, which relates to the Brown Act and teleconferencing at meetings. He requested to agendize a review of AB 2449, which was supported by the majority of the City Council.

Also at the Commute.org meeting, they discussed a project related to equity, and a Countywide Transportation Demand Management (TDM) policy.

Councilmember/Director Hindi congratulated Art Kiesel and Stacy Jimenez on their election to the City Council. He thanked Councilmember Sullivan for attending the Peninsula Clean Energy meeting on his behalf on November 17, while he attended the Bay Are Water Supply & Conservation Agency (BAWSCA) meeting. At the BAWSCA meeting, they discussed at report from the San Francisco Public Utilities Commission (SFPUC) regarding water supply, the Tuolumne River, and thanked the community for reduced water usage and urged everyone to continue water conservation efforts.

Vice Mayor/Vice President Froomin stated that he attended South Bayside Waste Management (SBWMA) Board meeting on November 17 and they selected a new operator, South Bayside Industries, to operate the Shoreway Environmental Center.

November 18, he attended the Council of Cities meeting. On November 19, he attended the Chinese Business Owner’s Association Art Contest. He stated that there was a structure fire in Foster City that was resolved with quick action from the San Mateo Consolidated Fire Department. He invited the community to attend Walking in a Winter Wonderland event on December 3, invited seniors in the community to join the free senior movies events on the first and third Thursdays of each month, and wished everyone a Happy Thanksgiving.

Mayor/President Awasthi thanked the Communications Division for their work on the State of the City video and Community Annual Report, and wished everyone a Happy Thanksgiving.
15 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 8:07 p.m.
16 DATE: December 5, 2022
TO: Mayor and Members of the City Council of the City of Foster City VIA: Stefan Chatwin, City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Louis Sun, Public Works Director / City Engineer
SUBJECT: REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES – RECREATION CENTER REPLACEMENT
PROJECT (CIP 301-678)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving and authorizing staff to issue the attached Request for Proposal (RFP) for construction management and support services for the Recreation Center Replacement Project (CIP 301-678) and finding adoption of the Resolution approving the issuance of the RFP exempt from the California Environmental Quality Act.

EXECUTIVE SUMMARY
The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301-678 consists of the replacement of the City’s Recreation Center using a build-to-budget approach. Staff is recommending issuing an RFP for construction management and support services to hire a consultant team to assist staff in pre-construction, plan check, bidding, construction, project closeout, and post construction and warranty inspections.

Adequate funding is available in the project budget for construction management and support services. The attached resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates the award of an agreement for construction management and support services will be considered by the City Council in March 2023.

5.2.1. Staff Report
17 BACKGROUND
Due to age of the building and construction history as a result of the piecemeal way in which it was constructed, the Recreation Center is in need of a rebuild.

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

At the City Council special meeting on January 31, 2022, staff provided an update on the Recreation Center Replacement Project including the results of the Recreation Center and Parks System Survey completed in August 2021, funding options, and provided additional information regarding the build process and design options. The City Council accepted the Recreation Center and Parks System Survey results and proposed to move forward with the “build-to-budget” option with a not-to-exceed budget of $55 million by using $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund 001 Reserves.

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

At the City Council regular meeting on November 21, 2022, the City Council awarded an agreement with Group 4 Architecture, Research + Planning, Inc. for professional design, bidding, and construction support services. The design phase is anticipated to kick-off in January 2023 with the award of a construction management contract to follow. The construction management firm’s early involvement to assist with constructability review of the design plans will help provide a seamless design to construction process.

ANALYSIS
It is a standard practice for the City to use consultants for professional engineering services and other specialty professional services for CIP projects and private development projects to support the operations of the City. Consultants assist staff with specific areas of technical and professional expertise necessary to complete the project.

Consultants are solicited through an open and competitive RFP process in accordance with the City’s Purchasing Policy. The RFP process is used to identify consulting firms 18 with the necessary background and experience to provide services as well as to make certain the cost for services is competitive. Staff coordinated outreach with various local agencies regarding their experience with soliciting services for similar projects, which included recommendations on the process/scope and example documents from which language was incorporated.

The City will request proposals from qualified firms to provide construction management and support services required for the Recreation Center Replacement Project. These services include pre-construction work such as constructability review and value engineering if needed; plan check and bidding support; construction administering support during construction; project closeout support; and post construction and warranty inspections. The selected firms will be required to have completed similar projects and possess experience in the services mentioned above. Staff members will review the submitted proposals per a qualification-based selection process and rank the top three firms for interview. The top scoring firms will present their proposals to staff for consideration. The evaluation committee will deliberate and select the final firm. City staff will negotiate with the selected firm on the final scope and fee amount to recommend to City Council for approval.

The attached resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates the award of the agreement for construction management and support services will be considered by the City Council in March 2023 for the consultant to come on board during the schematic design phase.

FISCAL IMPACT
There is no significant cost to issue the RFP. Following selection of the consultant as part of the RFP process, the cost for the consultant contract will be brought to the City Council along with the contract approval action. Funding in the amount of $2,100,000 is available in the project budget for construction management services.

CEQA
The adoption of the Resolution approving the issuance of the RFP is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

For the Recreation Center Replacement Project, LSA Associates, as part of the scope of services for the design contract, will prepare the environmental review documentation.

The review will be conducted pursuant to the California Environmental Quality Act 19 (CEQA). The environmental review will occur as part of Task 1 of the design team’s scope in early 2023.

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

Attachment 1 – Resolution
Attachment 2 – Request for Proposal
20 5
2 RESOLUTION NO.____________

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

APPROVING AND AUTHORIZING STAFF TO ISSUE THE REQUEST FOR PROPOSAL

FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678) AND FINDING

ADOPTION OF THE RESOLUTION APPROVING THE ISSUANCE OF THE RFP

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wishes to seek qualified consultants to provide construction management and support services for the Recreation Center Replacement Project (CIP 301-678) in conformance with the City’s Purchasing Policy; and WHEREAS, the Request for Proposal (RFP) process is used to identify consulting firms with the necessary background and experience to provide services and ensure the cost for services is competitive; and
WHEREAS, funding in the amount of $2,100,000 is available in the project budget for construction management services; and
WHEREAS, an appropriation of additional budget of $55 million to CIP 301-678 was authorized in FY 2021/2022; and
WHEREAS, hiring a consultant firm with qualified personnel experienced in the services required will provide assistance to staff in specific areas of technical and professional expertise; and
WHEREAS, there is adequate funding available in the approved budget for CIP 301-678 to fund the construction management and support services; and WHEREAS, with City Council approval, staff will issue the RFP and initiate the consultant selection process.

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

1. Find approving the issuance of the RFP is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3))

5.2.1. Attachment 1 - Resolution
21 5
2 because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. The Recreation Center Replacement Project, LSA Associates, as part of the scope of services for the design contract, will prepare the environmental review documentation. The review will be conducted pursuant to the California Environmental Quality Act (CEQA). The environmental review will occur as part of Task 1 of the design team’s scope in early 2023.

2. The City Council hereby approves the Request for Proposal for construction management and support services for the Recreation Center Replacement Project (CIP 301-678), attached hereto; and

1. Authorizes the issuance of the Request for Proposal; and

2. Authorizes the initiation of the consultant selection process.

PASSSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 5th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
22 CITY OF FOSTER CITY
RE

QUEST FOR PROPOSAL
F

OR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES
FO
R
T

HE RECREATION CENTER REPLACEMENT PROJECT
(CIP 301-678)
PR
OPOSAL SUBMITTAL DEADLINE: FRIDAY, JANUARY 27, 2023, at 2:00PM RE
TURN PROPOSAL TO:

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

Foster City, CA 94404

5.2.1. Attachment 2 - RFP
23 INDEX

SECTION
I. I

NTRODUCTION
II. GE

NERAL INFORMATION
III. M

ANDATORY, PRE-PROPOSAL MEETING
IV. P

ROPOSAL REQUIREMENTS
V. PR

OPOSAL SUBMITTAL REQUIREMENTS
VI. CO

NSULTANT SELECTION PROCESS
VII. R

IGHT TO PROTEST
VIII. CO

NFIDENTIALITY
IX. SC

OPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND

MANAGEMENT AND PROJECT CONTROLS
X. S

TANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE

REQUIREMENTS

ATTACHMENTS
A. D

RAFT SCOPE OF SERVICES
B. S

TANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE

INSURANCE REQUIREMENTS
C. DE
SIGN PHASE DRAFT WORK PLAN BY GROUP 4 ARCHITECT URE,
RESEARCH + PLANNING, INC.
24 Recreation Center Project – Construction Management
CIP 301-678
Request for Proposal

Page 1 of 11 ends

REQUEST FOR PROPOSAL
F

OR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES
FOR

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

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

C
onsultants are required to attend a mandatory, pre- proposal meeting on Thursday, January 12, 2023. The deadline for submitting questions about the proposal is Friday January 20, 2023 at 5:00 pm. The City will consider proposals received on or before the proposal submittal deadline of Friday January 27, 2023 at 2:00 pm. The City may extend the proposal submittal deadline if the City receives an inadequate amount of applicant response. Interested consultants will be notified via an addendum.

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

T
he Recreation Center will be starting the design process in January 2023.

T
he construction of the Recreation Center Project is anticipated to start June 2024 and may take 18- 24 months to complete . The City is seeking a team to provide a 25 Recreation Center Project – Construction Management
CIP 301-678
Request for Proposal

Page 2 of 11 ends

constructability review, construction inspection and administer the construction contract, which is estimated to be approximately $42 million, and work with the designer to provide assistance with public outreach.

T
he team leader should be an experienced Resident Engineer or Construction Manager.

As such, a professional engineer’s license is not required for the team leader. The Resident Engineer / Construction Manager will be responsible for all aspects of administering the construction contract, including assigning tasks to team members.

T
he following information describes the team, as currently envisioned by the City. The team should include an office engineer, part-time scheduler, and part-time estimator. The office engineer will assist the Resident Engineer / Construction Manager with change management, submittal coordination, processing monthly progress payments, and other duties as required. The estimator will develop independent cost estimates of change order work. The scheduler will assist with reviewing the baseline schedule, baseline schedule updates, and time impact analyses associated with contract change orders.

A
dministering the construction contract will require construction inspectors. Typical construction hours will be from 8 am to 5 pm, Monday through Friday, unless otherwise approved by the City.

T
he specifications require the Contractor to perform material testing; therefore; the team will include a person who is experienced in reviewing testing methods, procedures, and test results to ensure the material placed conforms to the contract requirements. Even though the Contractor is required to perform material testing, the team will include a geotechnical and/or material testing firm to intermittently verify the Contractor’s test results.

T
he specifications require the Contractor to create a storm water pollution prevent plan and inspect its implementation. The team will include member(s) who are experienced in reviewing storm water pollution prevention plans and inspecting the implementation of storm water pollution prevention best management practices.

T
he City places a particular importance on communicating potential construction impacts to local residents, the City’s recreation programs and businesses owners. The team will include staff who will perform public outreach and supplement the City’s communications staff, as required. Public outreach staff is required to collaborate and coordinate with City staff and the Resident Engineer/Construction Manager.

T
his description of the team envisioned by the City in this Section is intended to provide information about the Project. The description is not meant to dictate how Consultant staffs the Project. Final staffing will be determined as part of negotiating the professional services contract. Please note that in “Section B. Executive Summary” of the proposal, the City provides each Consultant the opportunity to explain how and why its staffing proposal is set up to ensure the team’s success.
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Consultants shall bear all costs and assume all liability associated with developing and/or submitting proposals. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.

SECTION III: MANDATORY, PRE-PROPOSAL MEETING
F
or a prime consultant ’s proposal to be considered, a prime consultant representative shall attend the mandatory, pre-proposal meeting. The prime consultant’s representative shall sign in at the meeting. The pre-proposal meeting will be held at City Hall located at 610 Foster City Boulevard, Foster City, CA 94404, on Thursday January 12, 2023 at 9:00 AM.

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

One tap mobile: US: +16699006833,,89184929900# or +16694449171,,89184929900# Meeting URL: https://fostercity-
org.zoom.us/j/89184929900?pwd=cGloM3oyY0JTS0hOYlkvV0JJM nVuUT09
Meeting ID: 891 8492 9900
Passcode: 6 297883
Join by Telephone
For higher quality, dial a number based on your current location.

Dial:

US: +1 669 900 6833 or +1 669 444 9171
Meeting ID: 891 8492 9900
C
onsultants shall bear all costs associated with attending the pre-proposal meeting. The City shall bear no costs and/or assume no liability for consultants attending the pre- proposal meeting.

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

D
irect questions about the proposal to the Senior Civil Engineer, Ms. Francine Magno at [email protected] on or before Friday January 20, 2023, at 5:00 pm. 27 Recreation Center Project – Construction Management
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T
he proposal shall be comprised of two (2) parts:
• Part 1 is comprised of five (5) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below. Consultant shall also provide a flash drive with electronic copies for Part 1 only.
• Part 2 is one (1) copy of section I submitted in a sealed envelope.

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

P
ART 1
A. Table of Contents
C
onsultant shall provide a table of contents for all material contained in the proposal.

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

C. Executive Summary
C
onsultant shall provide an executive summary. The executive summary shall include a statement that consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those consultant qualifications and experience, contained in the proposal, which best highlight its ability to successfully deliver the work. 28 Recreation Center Project – Construction Management
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D. Project Approach
A
summary presentation of the proposed approach for performing the services, describing how the project team would be organized to:
1) C
learly specify the scope of work and schedule for the work that will be included in the contract for professional engineering services. 2) Monitor and control the scope of work, communicate potential scope of work changes prior to performing that work, and manage the change in scope of work.
3) Monitor and control costs of professional design services to ensure the services are performed within the negotiated not-to-exceed amount. 4) Monitor the schedule and ensure that deliverables are completed on or before schedule milestones.
5) Monitor the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables. 6) Monitor the quality of consultant’s deliverables to reduce the amount of City resources required to review the submittal.
7) Ensure responsiveness to City Staff.
8) Facilitate communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.

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

C
onsultant shall prepare a schedule showing the staff required to perform the work described in Attachment A, Draft Scope of Services . Group staffing activities by task.

T
he schedule should include a milestone for each Authorization to Proceed for each task identified in Attachment A, Draft Scope of Service. The schedule should reflect “staffing up” at the beginning of the project and “staffing down” near the end of the project. If applicable, show other staff adjustments including seasonal adjustments or construction staging adjustments.

T
he City may request additional detail as part of contract negotiations.

C
onsultant shall use the following dates for the proposal schedule and labor projections, based on the Draft Work Plan by Group 4 that has been attached.

A
pril 24, 2023 Notice to Proceed Issued for Task 1
April 26, 2023 Kick Off Meeting
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April 2023 – February 2024 Constructability Review
March - May 2024 Bidding Phase
June 2024 Construction Begins
June 2026 Construction Ends
October 2026 Project Closeout Completed
F. Labor Projections
C
onsultant shall provide a spreadsheet showing an estimate of the number of hours by staff role to complete the work described in Attachment A - Draft Scope of Service. Group labor projects by task. The labor projections shall be consistent with the schedule created as part of section C above. Provide a list of assumptions made in developing the labor hours.

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

H. Consultant Experience and References
C
onsultant shall provide details of its experience working on similar projects over the last five (5) years . Con sultant shall provide details of not more than five (5) similar projects. All projects shall have one or more proposed team members involved in the project. Provide projects from different owners, if possible.

P
rovide the following details:
1) P
roject name.
2) Project Owner and contact information.
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3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime consultant or sub-consultant to Prime consultant’s Name).
5) Description of professional design service provided. 6) Cost Control for professional design services: Describe the original and final contract amount and reasons for differences, if any. 7) Schedule Control for professional design services Contract: Original start date, actual start date, original end date, actual end date, description of reasons for differences. For dates, provide month and year. 8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any.

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

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

T
he City will contact Project Owners to discuss the consultant’s current and/or past performance. For Project Owner’s contact information, provide P roject Owner’s name and address, the name of a contact with knowledge of consultant’s performance, as well as contact’s phone number and email address.

I. Project Team Experience and References
T
he construction management and support services team is key to delivering a successful project.

C
onsultant shall provide the following information regarding the proposed construction management and support team.
1) P
rovide a description of the team.
2) Provide a table detailing the following information for each team member:
name, role, employer, certifications, years of experience, anticipated number of hours to be worked on the project, anticipated start date, anticipated end date, and anticipated percentage of time worked on-site. 3) Provide resumes for up to twelve (12) team members. The team members shall include proposed personnel with experience performing the following roles:

Principal-In-Charge, Resident Engineer / Construction Manager, Office Engineer, Estimator, Scheduler, Lead Inspector, Storm Water Pollution Prevention Plan Reviewer, Inspector responsible for ensuring Contractor’s adherence to Storm Water Pollution Prevention Plan, Reviewer of Contractor’s Material Tests, and Lead Public Outreach Consultant. The roles listed above are most likely not the appropriate title for the proposed personnel (some roles may be performed by the same member). Please use appropriate title for the proposed personnel.
4) Provide references for the Resident Engineer / Construction Manager. 31 Recreation Center Project – Construction Management
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T
he City may contact owner representatives who are familiar with the Resident Engineer / Construction Manager’s work to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.

P
ART 2
J. Consultant Fee Schedule and Reimbursable Expenses
I
n a sealed envelope, provide two (2) copies of Consultant Fee Schedule(s) and list(s) of other reimbursable costs, such as supplies, materials, equipment, other services, and/or other expenses.

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

C
onsultants shall bear all costs and assume all liability associated with developing and/or submitting proposals. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.

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

A. T
he City will only consider proposals received by City at or before the proposal submittal deadline of Friday January 27, 2023 at 2 pm. The City may extend the proposal submittal deadline if the City receives an inadequate response submitted.

Interested consultants will be notified via an addendum.

B. T
he City will only consider proposals from Prime Consultants who had a representative attend and sign in at the pre-proposal meeting.

C. C
onsultant shall submit proposals to the following address:

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

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

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

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

SECTION VI. CONSULTANT SELECTION PROCESS
T
he City will review proposals and may check references to rank which consultants best satisfy the evaluation criteria. The City may conduct consultant interviews to evaluate consultants. If interviews are conducted as part of the selection process, interviews are tentatively scheduled for the week of February 13, 2023.

P
rinciple criteria used to evaluate Consultants will include the following:

A. Qu
ality, clarity and relevance of information contained in the proposal that exhibits Consultant’s understanding of the work.

B. Consultant’s and sub-consultants’ experience successfully providing construction management and support services on similar projects in the last five (5) years.

C. Resident Engineer / Construction Manager ’s experience successfully providing construction management and support services in th e same or a similar role on similar projects.

D. Other Team Members’ experience providing construction management and support services and/or other related work on similar projects.

T
he City may waive irregularities in any proposal, accept or reject all or a ny part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of the City.

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

C
onsultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. T he City shall bear no costs and/or assume no liability for 33 Recreation Center Project – Construction Management
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developing and/or submitting proposals.

SECTION VII. RIGHT TO PROTEST
R
espondents that the City otherwise determines are responsive and responsible have the right to protest; protests from any other Respondent will not be considered. Any protest must be delivered to City Hall located at 610 Foster City Boulevard, Foster Ci ty, CA, by 4:00 pm of the 7th calendar day following City staff’s identification of the Selected Respondent to be recommended to the City Council, and satisfy the following requirements:
a. T
he initial protest must contain a complete statement of the basis for the protest. b. T
he protest must refer to the specific portion of the document that forms the basis for the protest.
c. T
he protest must include the name, address, and telephone number of the person representing the protesting party.
d. T
he party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest.

Such parti es shall include all other Respondents who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e. T
he procedure and time limits set forth in this paragraph are mandatory and are a Respondent’s sole and exclusive remedy in the event of a Proposal protest.

Respondent’s failure to comply with these procedures shall constitute a waiver of any right to further purse the Proposal protest, including filing a Government Code Claim or legal proceedings. A Respondent may not rely on a protest submitted by another Respondent, but must timely pursue its own protest.

SECTION VIII. CONFIDENTIALITY
C
ity has made a determination in accordance with Government Code Section 6255 that all Proposals submitted in response to this RFP shall not be made public by City until after City has executed a Professional Services Agreement with the Selected Respondent. In the event a Respondent wishes to claim portions of its Proposal exempt from disclosure under the Public Records Act, it is incumbent upon Respondent to clearly identify those portions with the word “confidential” printed on the lower right-hand corner of the page, along with a written justification as to why such information should be exempt from disclosure. However, City will make a decision based upon applicable laws.

C
ity shall notify Respondent of any materials or information that City does not believe are entitled to exemption from the Public Records Act, and Respondent shall have five (5) 34 Recreation Center Project – Construction Management
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business days from such notice to:
a. w
ithdraw its Proposal;
b. withdraw such information from its Proposal; or
c. withdraw such information and replace it with substituted information for which Respondent does not claim an exemption.

P
roprietary or confidential data must be readily separable from the Proposal in order to facilitate eventual public inspection of the non -confidential portion of the Proposal.

Confidential data is normally restricted to confidential financial information. The cost of Services shall not be designated as proprietary or confidential information.

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

A
general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is a basis for completing the proposal and a starting point for negotiations.

I
n addition, consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.

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

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

SECTION X. STANDARD PROFESSIONAL SERVICES AGREEMENT AND

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

T
he insurance requirements are described in Section 12 Insurance of the City’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. The selected consultant shall agree to provide the City with a copy of said policies, certificates, and/or endorsements.
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ATTACHMENT A

DRAFT SCOPE OF SERVICES
F

OR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES
FOR
THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678) I. GENERAL SCOPE OF SERVICES
T
he scope of services describes the construction management and support services necessary to support the construction of the Project. The Scope of Services is divided into the following five (5) tasks.
1) P
re-Construction Phase
2) Plan Check and Bidding Phase
3) Construction Phase
4) Project Closeout and Post Construction Services; and 5) Warranty Inspections
II. TASK ORDER AGREEMENT
T
he scope of services is comprised of five (5) tasks. The City will issue a Notice to Proceed, in writing, to authorize work for each task. The City may issue written authorization to proceed for a task prior to the completion of a preceding task. Upon receipt of a written authorization to proceed for a task, Consultant shall begin work on the designated task and diligently execute the work to completion.

CO
NSULTANT and its sub-consultants, if any, shall track and report costs for each task.

TASK 1 – PRE-CONSTRUCTION PHASE
Up
on receiving written Authorization to Proceed, Consultant shall perform all work required for the pre-construction phase including:

1. Construction Management Coordination/Value Engineering Review Perform a constructability review of the Design Consultant’s contract document submissions, provide input relative to means and methods of construction, duration of construction, and constructability ; provide written comments on adherence to the City’s pro gram requirements, schedule, budget, value engineering recommendations, life cycle cost analyses, and the coordination of the various disciplines, including civil, grading, demolition, structural, architectural, mechanical, electrical, HVAC, plumbing, interior finishes, FF&E, and landscape.

Continuous reviews shall be as determined by the City, the Design Consultant and the Construction Manager (CM). Formal submittals shall be reviewed according to the following schedule.
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 100% Schematic Design
 100% Design Development
 Use Permit Submittal
 50% Construction Documents
 75% Construction Documents
 Final Construction Documents (includes Addenda)

2. Project Budgeting
Review and refine the current budget. CM shall work with the City and design team on updating the budget as work progresses.

3. Project Schedule
Develop, manage and maintain a detailed project schedule for the construction phase activities of the project utilizing a software program that is based on the critical path method of scheduling. The schedule shall reflect the project design and construction milestones. The CM shall identify the software they propose to utilize for the construction schedule in their proposal. The CM shall coordinate with the contractor to maintain a project schedule.

4. Monthly Report
Provide a detailed cash flow tracking system for the Project to be approved and accepted by the City. Update the cash flow spread sheet monthly or as otherwise required.

5. Professional Consultants
Assist the City, if required, in selecting and retaining the professional services of surveyors, special consultants and testing laboratories, roofing/waterproofing and other consultants as deemed necessary, and coordinate their services.

6. Temporary Facilities
Assist the City, if required, in researching and selecting temporary facilities for the continuation of programming and staff offices.

7. Storm Water Pollution Plan
Review the storm water pollution prevention plan, coordinate the required work , and monitor that the work is implemented in the field.

TASK 2 – PLAN CHECK AND BIDDING PHASE
U
pon receiving written Authorization to Proceed, Consultant shall perform all work required for the plan check and bidding phase including:

1. Public Relations Activities
Assist the City in public relations including, but not limited to, preparation of Project information and attending internal and public meetings as required, including site meetings. CM shall provide their assumed level of effort (LOE) associated with 37 Recreation Center Project
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this task.

2. Addenda Review
Administer the addenda process and provide a review of each addendum during the bid phase for time, cost, and constructability impact, and make appropriate comments and recommendations.

3. Bid Review, Evaluation and Recommendations
In cooperation with the design team, the CM shall assist the City in pre- qualification process, the bid openings, and evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices (as applicable). Make a formal report to the City regarding the potential award of the Contracts, receive the bids, review the bids and prepare a bid evaluation and recommendations for the selection of bidders. Assemble and organize the Contracts as required to perform the work by the plans and specifications for the Project. All construction work for the Project shall be competitively bid when required by law and awarded in no more than 90 days in accordance with normal requirements for general contractors. If the Project is funded with any State or Federal funds, CM shall comply with all applicable requirements.

4. Rebidding
In the event the bids for a trade or item of work exceed the Project Budget for that trade and the City authorizes re‐bidding of that trade, cooperate in revising the scope and the quality of work as required to reduce the construction costs for the Project.

TASK 3 – CONSTRUCTION PHASE
U
pon receiving written Authorization to Proceed, CONSULTANT shall perform all work required to administer the construction contract and implement the Project, including the following:

1. Pre-Construction Setup
• Set up project office, as needed, including coordinating computer equipment with the City’s IT Department. May require consultant to lease a space. Provide number of office spaces required and/or office space square footage required.
• Understand the City’s Electronic Filing System for project documents. • Recommend Construction Management System software for project. • Set up both electronic and hard copy filing as agreed to with the City, and maintain project document files.
• Ensure CM personnel are trained to safely access the site and perform their duties.
• Perform field inspections and investigation as necessary to document the condition of the site prior to construction, including taking photographs, 38 Recreation Center Project
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measurements, videos, etc.

2. Pre‐Construction Conference(s)
Conduct, in conjunction with the City and Design Team, pre ‐construction orientation conference(s) for the benefit of the successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction.

3. Contract Administration
In cooperation with the Design Team, administer the construction Contracts.

Coordinate the preparation of construction staging areas on‐site for the Project and coordinate the preparation of the site for construction, including, but not limited to, coordinating fencing, barricades or other items reasonably necessary for efficient construction. Coordinate the mobili zation of all contractors and coordinate construction sequencing. In addition, provide management and related services as required to coordinate work of the contractors with each other and the activities and responsibilities of the Design Team and City to complete the Project in accordance with the contract documents.

4. Meetings
• Coordinate and conduct construction and week ly job‐site progress meetings with the Contractors, design team and City.
• Record, transcribe and distribute meeting minutes to all attendees, the City, and all other appropriate parties.
• Assist in the resolution of any technical construction issues.

5. Submittal Procedures
Establish and implement procedures with the City and Consultant Team to coordinate and review shop drawing submittals, requests for information, samples, product data, change orders, payment requests, material delivery dates and other procedures. Create and maintain logs, files and other necessary documentation. Establish a procedure for and collect certified payroll from the Contractors for the Project.

6. Submittal Coordination
• Review submittals for compliance with contract documents (i .e., cover sheet, log, complete package).
• Facilitate submittal reviews by forwarding/coordinating with Design Team to perform detailed review (supplemental details and clarifications), resolution, and response.
• Request For Information (RFI) Coordination
o Review RFI’s for compliance (i.e., cover sheet, log, complete package), and coordinate/forward to Design Team for detailed review (suppl emental details and clarifications), resolution, and response.
o Log all RFIs and associated responses.
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7. Quality Assurance/Quality Control (QA/QC)
Establish and implement a QA/QC management plan for the Project construction which includes steps to ob serve, verify and document the specified level o f construction quality.

8. Third Party Construction Coordination
• Maintain log of third- party work, e.g., PG&E, AT&T, etc., after notice to proceed issuance for Task Order No. 1.
• Request third parties to perform construction work, as required.

9. Material Submittal Review and Material Verification Testing Coordinate all testing required by the Contract Documents, Design Team or other third parties including:
• Review and comment on Contractor’s material test submittals for conformance with contract requirements.
• Perform intermittent verification testing (spot check) of materials to verify materials meet contract requirements.
• If requested, assist the City in selecting any special consultants or testing laboratories.

10. Construction Observation/Inspection of Work Product • Inspect Contractor’s work daily for compliance with contract requirements. • Observe that the materials and equipment being incorporated into the work are handled, stored and installed properly and adequately and are in compliance with the contract documents for the Project. • Guard against defects and deficiencies and advise the City of any deviations, defects or deficiencies observed in the work. • Track extra work performed at force account.
• Produce daily inspection reports, including photos, descriptions of daily activities, any corrective actions to be taken by Contractor, persons and equipment on site, and work to be completed the following day(s). • Monitor record documents monthly to ensure property maintenance and completion by Contractor.
• Review contractor’s compliance with health and safety standards and regulations and report non-compliance.

11. Non-Conforming Work
Review contractor's recommendations for corrective action on observed non- conforming work. Make recommendations to the City and Design Team in instances where the CM observes work that is defective or not in conformance with the contract documents. Observe the contractor's work to verify that all authorized changes are properly incorporated in the Project.

12. Exercise of Contract Prerogatives
Advise the City and make recommen dations for exercising the City’s Co ntract 40 Recreation Center Project
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prerogatives, such as giving the contractor notice to accelerate the progress when the schedule goals are in jeopardy due to contractor failings, withholding payment for cause and other prerogatives when required in an effort to achieve Contract compliance.

13. Endorsements of Insurance; Performance and Payment Bonds Prior to contractors commencing any work on the project, the CM shall obtain from the contractors and review for compliance with the contract documents the required insurance policy endorsements, including additional insured endorsements, certificates of liability insurance and faithful performance and payment bonds and after review and correction of any deficiencies in these documents forward them to the City and the design team. Further, the CM shall insure that contractors maintain in effect the required insurance and bonds during their work on the project and shall review any subsequent renewals or changes in insurance or bonds.

14. Progress Review
• Keep a daily log containing a record of weather, the contractors working on the site, number of workers, work accomplished, problems encountered, and other relevant data or such additional data as the City may require. • Activities shall be assigned percentage- complete values. The report shall reflect actual progress as compared to sc heduled progress and note any variances.
• The CM shall identify problems encountered in accomplishing the work and recommend appropriate action to the City to resolve these problems with a minimum effect on the timely completion of the Project. If requested by the City, the CM shall assist the contractor(s) in preparing a recovery schedule.

The recovery schedule shall reflect the corrective action costs (if any) and efforts to be undertaken by the contractor(s) to recapture lost time. This recovery schedule shall be distributed to the contractor(s), the City, design team and other appropriate parties. The report shall be delivered to the City upon completion of the Project.
• Produce Weekly Statement of Working (or Calendar) Days. • Produce Resident Engineer / Construction Manager Monthly Report.

15. Maintain On-Site Records
Develop and implement a compre hensive document management program.

Ensure that records are m aintained by the Contractor at the Project site, on a current basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to r ecord all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; and applicable handbooks and are ready for review by design team ; Titles 21 and 24 of t he California Code of Regulations; the California Building Code; maintenance and operating manuals and instructions; other relate d documents and revisions which arise out of the Contracts. Maintain records in duplicate of principal building layout lines, 41 Recreation Center Project
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elevations for the bottom of footings, floor levels and key site elevations. At the completion of the Project, deliver all such records to the design team so the design team may review the record as‐built drawings, after which the as‐built drawings shall be delivered to the City.

16. Schedule of Values and Processing of Payments
• Review Contractor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the design team, comment on, and approve Contractor’s Request for Payments. • Process Contractor’s Approved Requests for Payments.
• Notify City immediately of stop notices.

17. Change Management
Evaluate cont ractors' costs for proposed change orders and make a recommendation to the City re garding the acceptance of any proposals for a change order. The City and the design team will assist the CM in negotiating any change order costs and time extensions.
• Maintain Log of Potential Change Orders.
• Maintain Log of Change Orders.
• Coordinate, review, and evaluat e potential change orders and cost estimates/quotations.
• Inspect and evaluate site conditions that are perceived to be different than shown in the contract documents.
• Resolve and/or facilitate resolution of conflicts with plans and existing field conditions, as well as conflicts with contract documents, if any. • If a contract change order is required, produce contract change order, change order memorandum, independent cost estimate, time impact analysis (if applicable) for the City’s approval.
• Review, gather, and evaluate information for resolution of potential claims or disputes.
• Schedule Management.
• Review, comment on, and approve contractor’s baseline schedule and updates, if any.
• Evaluate contractor’s schedule for actual versus planned progress, and document all scheduling discrepancies and deviations.
• Review, comment on, and approve contractor’s monthly schedule submittal. • Review, comment on, and approve contractor’s Time Impact Analyses (TIA) for change orders.
• Ensure that all chan ges to any of the Contracts between the City and a contractor shall be by change order executed by the City. Prepare and distribute change order reports on a monthly basis. Identify their effect on the Contract price and Master Project Schedule.

18. Contractor Claims
Review with City and design team all notices of claims and claims submitted by 42 Recreation Center Project
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contractors against the City for any alleged cause. Perform an evaluation of the contents of such claims and make recommendations to the City before the time period established by law for City response to such claims has lapsed. If requested by the City, prepare estimates and alternate estimates based on varying scenarios of the claim cause. These estimates shall be transferred to the City and shall be used in claim rulings and negotiations. If requested by the City, negotiate cl aims with the contractor(s) on behalf of the City.

19. Monthly Progress Reports
Prepare and distribute monthly a Project St atus Report for public consumption, along with the month payment invoice. The report shall include:
• An update of all key items required to adequately manage the Project • Overview of work accomplished, including representative photos • Work to be completed the following month
• Updated narrative of schedule of work
• Explanation of any upcoming risks/problem areas and corrective action to be taken

20. Equipment, Facility, Electronics and Furniture Instruction Manuals, Warranties and Releases
Obtain all written mater ials such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and delivered to appropriate City personnel.

21. Completion of Contracts and Project
Notify and assist design team in preparing a list of incomplete or unsatisfactory items ("Punch‐list") and prepare a schedule for their completion. Assist the design team in determining when the Project or a designated portion thereof is complete.

Prepare a summary of the status of the work of each contractor, listing changes in the previously issued Punch‐ list and recommending the times within which contractors shall complete the uncompleted items on the Punch‐list.

22. As-Built Documents
Coordinate and expedite functions in connection with the contractor's obligation to pr ovide "as‐built" documents and make recommen dations for a dequate withholding of retention in the event that a contractor fails to provide acceptable "as‐built" documents.

23. Training Sessions
Coordinate and schedule training sessions, if necessary, for the City’s personnel and require that the contractor's obligation in providing this training is fulfilled.

24. Accounting Records
Establish and administer an ap propriate Project accounting system in conjunction 43 Recreation Center Project
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with the City and maintain cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.

25. Cash Flow Projections
• Develop cash flow projections for all project spending, including spending by design consultants, construction management consultants, contractor, and other third parties, to determine optimum timing for drawdowns, and contingency management.
• Develop master schedule for project.
• Develop a funding model that considers project schedule changes to match available funding.
• Use refined estimates of costs to develop a cost -loaded critical path schedule that will allow for analysis of project timing and resultant cash flow needs.
• Monitor project -specific spending, provide an understanding of when funding will be required, and document expenditures.

26. Permits
Assist the City in obtaining all necessary permits for the Project, including without limitation, building, grading, and occupancy permits.

27. Initial Start-up and Testing
With t he design team and the City’s maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial start‐up and testing for the Project. Coordinate and assist City in the move‐in for the Project.

28. Community Outreach
• Create and mail construction advisory notices to residents and businesses near the construction site as appropriate.
• Create and hand out flyers to Recreation Center and park users. • Create and install post-mounted outdoor brochure holders. • Stock outdoor brochure holders with construction advisory notices. • Create content about project for City’s website and project website. • Work with City Communications Team to create press releases and post periodic updates or specific information about the project on the City’s social media sites.

29. Storm Water Pollution Plan
• Review storm water pollution prevention plan.
• Perform quality assurance inspections of best management practices implemented as part of an approved Storm Water Pollution Prevention Plan. • Audit Contractor’s storm water pollution prevention records. • Review contractor’s compliance with all permits, sto rmwater regulations 44 Recreation Center Project
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and permits (SWPPP), environmental documents, and mitigation measures.
• Achieve satisfactory performance from the Contractor(s) responsible for the installation and maintenance of storm water requirement s. Recommend a course of action to the City when requirements of a contractor are not being fulfilled or promptly corrected.

30. Construction Site Access
Coordinate access to the site for inspections and site visits by the City staff and consultants.

TASK 4 – PROJECT CLOSEOUT AND POST CONSTRUCTION SERVICES U
pon receiving written authorization to proceed, Consultant shall perform all work required to close out the project, including the following:

1. Relocation
Assist the City to coordinate the arrival and installation of City furnished materials and fixtures, furnishings and equipment ("FF&E"). Coordinate schedules for City user relocations and occupancy.

2. User Training
The CM shall schedule and document all City training sessions and arrange for supplementary information where needed, and arrange for manufacturers to provide training for maintenance and operations personnel.

3. Punch Lists
• Perform site inspection(s) to determine that facilities are complete and in compliance with contract documents.
• In conjunction with design team and City, develop, schedule and verify completion of any outstanding punch list of incomplete or non- conforming work.

4. Project As‐Builts, Close Out, and Warranties
• Review contractual requirements for as-builts, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City.
• Review Contractor’s as -built drawings for accuracy and completeness.

Provide comments as necessary and verify that Contractor incorporated comments into as-built drawings. Coordinate final submittal of organized and complete record drawings in accordance with contract documents. • Assist with preparing project closeout forms, including Closeout Memorandum, Capital Asset Infrastructure form, and Capital Asset Infrastructure Disposal form.
• Organize and verify completeness of project records.
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5. Final Cl aims Releases
O btain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.

6. Final Project Report and Payment
Verify contractor has made all payments and that all required releases including lien release and release of claims have been submitted by contractor. Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
a. A financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project.
b. A construction summary with final schedule review and update. c. A final acceptance summary with signed receipts from City staff of all close out document
submittals.
d. A
final acceptance of receipt of all FF&E.

7. User Complaints
Assist with response to initial post-occupancy complaints about missing or malfunctioning building components and equipment, and contractor/vendor warranty items.

TASK 5 – PERFORM WARRANTY INSPECTION
U
pon receiving written authorizati on to proceed, Consultant shall perform all work required to perform the warranty inspection and oversee correction of the warranty items, including the following:
• P
erform one-year warranty inspection prior to the anniversary date of Notice of Completion/expiration of the warranty period.
• Prepare a punch list identifying corrective action required under warranty at no additional cost to the City and ensure completion of noted items. • Coordinate necessary repair work.
• Inspect repair work and document that repair work was completed. • Recommend retention release to contractor.

III. MANAGEMENT AND PROJECT CONTROLS
I
n performing the Scope of Services, the Consultant shall, at a minimum, execute the management and project controls described below:

1. C
onsultant shall designate a Resident Engineer / Construction Manager acceptable to the City. The Resident Engineer / Construction Manager will be responsible for the work including developing work plans; implementing the project management procedures and controls; and maintaining effective communications 46 Recreation Center Project
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among the sub-consultants, the City , and other involved agencies and organizations for the duration of the project.

If C
onsultant wishes to propose a substitute at any time during the duration of the project, the City shall approve Consultant’s Resident Engineer / Construction Manager.

2. T
he working interface between the Consultant and the City shall be defined as follows:

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

C
onsultant shall prepare a project work plan for each task in the degree and detail appropriate to each task. The project work plan shall be updated as the project progresses. The project work plan shall be approved by the City’s Project Manager and shall provide the basis for determining timeliness and cost effectiveness of the Consultant’s execution of the Scope of Services.

2. 2. To support each invoice, the Consultant shall furnish project updates that shall include the following:
a) A
narrative progress report (Outreach bulletin per Task 2) 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 engineer's service that shows:
b.1. The current period and cumulative expenditures to date. b.2. The estimated cost to complete each task.
b.3. The estimated date to complete each task.
b.4. The approved budget.
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b.5. A comparison of the estimated cost with the approved budget to show any variance.

Payment shall be made upon the completion of each specific consultant service as delineated in the project schedule section of the work plan. c) A schedule report that compares actual to planned performance in terms of time and percent complete for each designated service. The control report may include, when appropriate, special submittals based upon productivity analyses or detailed performance projections as requested by the City’s Project Manager.

2. 3. Project control reports are to be submitted monthly, together with invoice submittal, unless directed otherwise by the City’s Project Manager. The invoice shall be accompanied by a cost breakdown by discipline, in approved format. Failure of the Consultant to submit and update plans or furnish required reports as directed shall constitute cause for suspension of payment of invoices.

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

OFESSIONAL SERVICES AGREEMENT

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

RE CITALS
T
his Agreement is entered into with reference to the following facts and circumstances:

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in 49 Recreation Center Project
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whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

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

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

C
ITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the 50 Recreation Center Project
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Project, until CITY rece ives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. E
mployee Wages; Records; Apprentices: Consultant shall pay prevail ing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Consultant shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code.

Consultant and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements.

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

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

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

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

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

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

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

10. Relationship of Parties. CONSULTANT is an independent Contractor and 52 Recreation Center Project
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does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefi ts. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

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

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

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

12. Indemnity . To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agent s that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

T
he 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 53 Recreation Center Project
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California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Sections 2782 and 2782.8 of the California Civil Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

21. Mediation . Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid 55 Recreation Center Project
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equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

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

23. Liability of CITY.

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

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

N
othing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and r emedies of CITY or CONSULTANT, whether under this Agreement or other 56 Recreation Center Project
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applicable law, shall be cumulative.

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

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

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

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

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

ITY OF FOSTER CITY
Dated: _________________________________
Richa Awasthi, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
A
TTEST:
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Dated: ________________________________
Priscilla Schaus, City Clerk
APPR

OVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
CO

NSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign
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EXHIBIT A
SER

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

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

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

1. D
escription of the Project:

1.1 DESCRIPTION: Description of Project

2. B
asic Services:

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

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3
P

AYMENTS

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

Max imum Payment Amount

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

Li st Methods of Payment

3. T
IMES OF PAYMENTS.

Li st Times of Payments
P

ROJECTS AND SCHEDULE
List Project Schedule
DE

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

1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

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

2.1 SERVICES: List of Services
EN

D OF EXHIBIT A
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EXHIBIT B
CO
NSULTANT’S FEE SCHEDULE
[
Specify Consultant’s hourly rates for which services hereunder shall be performed] 61 Recreation Center Project
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EXHIBIT C
I

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

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

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

1.1 Insurance Requirements
Commercial General Liability Insurance
C
ommercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least 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, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
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[

FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT.

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

Consultant shall require any Subconsultants to provide workers' compensation for all of th e
S
ubconsultants' employees , unless the Subconsultants' employees are covered by t he i
nsurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or diseas e. ☒ Professional Liability Insurance
P
rofessional Liability (Errors and Omissions) Insurance, for liability arising out of, or i n c
onnection 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 c
overage 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
A
ny 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
I
f any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

2. City as Additional Insured
O
n 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 63 Recreation Center Project
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01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

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

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

1. 1 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3. 2 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. 3 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. 4 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. 5 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.

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

3. 6 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that 64 Recreation Center Project
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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. 7 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project -specific insurance, wrap- up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

AT
TACHED

1. I
nsurance Coverage Form
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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

N
amed Insured: Effective Work Date(s):

D
escription of Work/Locations/Vehicles:

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

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

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

S
IGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) O
RGANIZATION: TITLE:

ADDRE
SS:
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ttachment B – Professional Services Agreement

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T
ELEPHONE: ( ) DATE ISSUED:
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ttachment B – Professional Services Agreement

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

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

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. A
n “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. C
OVID-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.
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ttachment B – Professional Services Agreement

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

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

5. C
ity 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 . Sa fe 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. C
onflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[S
ignatures on Next Page]
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I
N WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CO
NSULTANT: CITY:
___
_____________________ ____________________________
Signature Signature
___
_____________________ ______________________________
Print Name & Title Print Name & Title
70 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 MONTHS DECJUN – 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
Attachment C: Draft Work Plan
71 DATE: December 5, 2022
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City Manager
FROM: Edmund Suen, Finance Director
Kay Khin, Accountant II
DEPARTMENT: Finance
SUBJECT: CAPACITY FEES AND DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2021-2022 AND ESTABLISHMENT OF

THREE NEW FUNDS AND CORRESPONDING BUDGETS FOR

THE PARK FACILITIES IMPACT FEE, TRANSPORTATION

IMPACT FEE, AND PUBLIC SAFETY IMPACT FEE

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolution approving:
• Capacity Fees and Development Impact Fee Annual report for Fiscal Year 2021- 2022;
• Establishment of new funds – Fund 142 for Park Facilities Impact Fee, Fund 143 for Public Safety Impact Fee, and Fund 144 for Transportation Impact Fee; • Budget $467,000 for Park Facilities Impact Fee Revenue (Account No. 142- 0000-340-1540); $72,000 for Public Safety Impact Fee Revenue (Account No. 143-0000-340-1541); $230,000 for Transportation Impact Fee Revenue (Account No. 144-0000-340-1542) for the Fiscal Year 2022-2023; and • Budget a corresponding appropriation of $467,000 from Park Facilities Impact Fee Fund 142, $72,0000 from Public Safety Impact Fee Fund 143, and $230,000

5.2.2. Staff Report
72 from Transportation Impact Fee Fund 144 for funding capital improvement projects expenditures.

EXECUTIVE SUMMARY
California Government Code 66000-66013 requires public agencies who assess development impact fees to provide an annual report at a public meeting. City staff has prepared such a report for Fiscal Year 2021-2022.

In addition, staff is also recommending the City Council/District Board approve the establishment of separate Funds and corresponding budgets for the newly approved park facilities, transportation, and public safety impact fees approved earlier this year.

Since no revenues were collected for the new fees in Fiscal Year 2021-2022, they are not included in the development impact fee annual report. However, they will be included next year.

BACKGROUND/ANALYSIS
Local agencies often charge a fee as a condition of approval for development projects to fund public improvements to compensate for the demands that the developments have on public resources. This fee is known as a development impact fee. In 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as the Mitigation Fee Act (MFA). The MFA applies to fees imposed on development projects to fund public facilities.

Last year, the City/District assessed two enterprise capacity fees – Water Connection Fee and Sewer Connection Fee. The purpose of the connection fees is to ensure that development pays its fair share of the costs associated with providing system capacity.

The fees are charged at the time the building permit is issued. The fees collected will enable the City/District to pay for the existing and future public facilities that are needed to provide capacity for future connections.

The City/District also assessed one development impact fee – Affordable Housing Commercial Linkage Fee. This fee is paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the city.

Pursuant to Government Code Section 66006(b)(1), AB 1600 requires local agencies to report the impact fees collected and their use annually. The MFA requires that the annual report of the impact fee revenues must be made available to the public within 180 days after the last day of the fiscal year. The report must contain:

1. A brief description of the type of fee.

2. The amount of the fee.

3. The fee beginning and ending balances for the fiscal year. 73 4. The amount of fee collected, and interest earned.

5. An identification of each expenditure from the account, including a brief description of the expenditure and the percentage of the total cost of the expenditure funded by the fee.

6. An approximate date when construction will begin if the agency determines it has sufficient funds to complete a public improvement.

7. A description of any interfund transfer or loan made from the account.

8. The amount of any refunds made from the account.

The attached report contains details to satisfy the requirements of Government Code section 66006 and is available to the public on the Financial Services page of the City’s website.

In addition, since the City Council/EMID Board approved 3 new impact fees this year, staff is recommending that they also approve 3 new Funds and corresponding budgets for the park facilities impact fee, transportation impact fee, and public safety impact fee.

CEQA
Not Applicable

FISCAL IMPACT
Adoption of the two resolutions authorizes the following:
• Budget amounts of $467,000 for Park Facilities Impact Fee Revenues in Account No. 142-0000-340-1540; $72,000 for Public Safety Impact Fee Revenues in Account No. 143-0000-340-1541; $230,000 for Transportation Impact Fee Revenues in Account No. 144-0000-340-1542 and
• Appropriation of $467,000 for Fund 142, $72,000 for Fund 143, and $230,000 for Fund 144 for capital improvement project expenditures.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operation and Improved Community Engagement ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Capacity Fees and Development Impact Fee Report for Fiscal Year 2021-2022
74 RESOLUTION NO. _____________

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

THE ANNUAL CAPACITY FEES AND DEVELOPMENT IMPACT FEE REPORT FOR FY 2021-2022; ESTABLISHING THREE NEW FUNDS FOR PARK FACILITIES

IMPACT FEE, TRANSPORTATION IMPACT FEE, AND PUBLIC SAFETY IMPACT FEE; BUDGETING FOR FY2022-2023 REVENUES FOR THREE NEW IMPACT FEES;

AND APPROPRIATING CORRESPONDING CAPITAL IMPROVEMENT PROJECT

EXPENDITURES FOR THESE FEES

CITY OF FOSTER CITY
WHEREAS, local agencies often charge fees as a condition of approval for development projects to fund improvements to compensate for the demands that the developments have on public resources; and
WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, in Fiscal Year 2021-2022, the City/District assessed two capacity fees pursuant to Government Code section 66013 – Water and Wastewater Connection Fees; and
WHEREAS, in Fiscal Year 2021-2022, the City assessed one development impact fee - Affordable Housing Commercial Linkage Fee; and WHEREAS, pursuant to Government Code Sections 66006 (b)(1) and 66013, AB 1600 requires local agencies to report the Impact fees and capacity fees collected and their use annually; and
WHEREAS, staff has completed the annual capacity fees and development impact fee report for FY 2021-2022; and
WHEREAS, staff recommends establishing three new Funds for the Park Facilities Impact Fee, Transportation Impact Fee and Public Safety Impact Fee, to track the impact fees’ receipts separately and facilitate Annual Impact Fee Report preparation.

5.2.2. Attachment 1 - City Resolution
75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby:
1) Accept the Capacity Fees and Development Impact Fee report for the Fiscal Year 2021-2022; and
2) Establish a budget of $467,000 for Pak Facilities Impact Fee revenue in Account No. 142-0000-340-1540; $72,000 for Public Safety Impact Fee Revenue (Account No. 143-0000-340-1541); $230,000 for Transportation Impact Fee Revenue (Account No. 144-0000-340-1542); and 3) Appropriate $467,000 in Fund 142, $72,000 in Fund 143, and $230,000 in Fund 144 for capital improvement project expenditures.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

RICHA AWASTHI, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK
76 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ACCEPTING THE ANNUAL CAPACITY FEES AND DEVELOPMENT IMPACT FEE REPORT FOR FY 2021-2022

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, local agencies often charge fees as a condition of approval for development projects to fund public infrastructure necessary to provide capacity for new development, known as capacity or connection fees; and
WHEREAS, in 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code known as Mitigation Impact Fee; and
WHEREAS, City/District assesses two capacity fees – Water and Wastewater Connection Fees and one impact fee – the Affordable Housing Commercial Linkage Fee; and
WHEREAS, pursuant to Government Code Sections 66006 (b)(1) and 66013, AB 1600 requires local agencies to report the Impact and Capacity fees collected and their use annually; and
WHEREAS, staff has completed the annual capacity fees and development impact fee report for FY 2021-2022; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District does hereby:
1) Accept the Capacity Fees and Development Impact Fee report for the Fiscal Year 2021-2022; and

5.2.2. Attachment 2 - EMID Resolution
77 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 5th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
________________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
78 1 Published, 11/07/2022
City of Foster City/Estero Municipal Improvement District Capacity Fees and Development Impact Fee – Annual Report Fiscal Year Ended June 30, 2022
This report serves as the City of Foster City and the Estero Municipal Improvement District’s (City/District) annual report on development impact fees and housing impact fee revenues and expenditures as required by the Government Code Section 66001-66013. The City/District currently assesses two enterprise capacity fees – Water Connection Fee and Sewer Connection Fee, and a development impact fee – Affordable Housing Commercial Linkage Fee.

Water Connection Fee
Water Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to ensure that development pays its fair share of the costs associated with providing system capacity. Connection fee is charged at the time of the building permit is issued, and it is based on the size of the service connection, which is a direct measure of the cost of the facilities and the capacity provided by those facilities. The fees collected will be used to pay for existing and future public facilities that provide water capacity, supply, and infrastructure to serve new connections.

In Fiscal Year 2021- 2022, the water connection fees were charged as shown in the table below:

Water Connection Fee Schedule
Fiscal Year 2021-2022
Meter Size Fees
¾ “ $11,611
1 “ $19,390
1 ½” $46,443
2 “ $61,885
3 “ $135,499
4 “ $243,827
6 “ $541,875
8 “ $928,864
The following table shows the revenues and expenditures activities of water connection fees and the capital projects funded by the fee.

5.2.2. Attachment 3 - Capacity Fees and Development Impact Fee Report 79 2 Published, 11/07/2022
Water Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
Projects Funded by Water Connection Fee as of June 30, 2022 Fiscal Year Ended June 30, 2018 2019 2020 2021 2022
BEGINNING BALANCE $ - $ - $ 180,659 $ - $ 678,698
REVENUES:

Water Connection Fees 123,365 211,420 - 977,278 443,541 Interest Income 519 2,249 3,221 2,779 3,447
Total revenues 123,884 213,669 3,221 980,057 446,988 EXPENDITURES:

Capital Projects:

Two Natural Gas Powered Engines & Pumps
Replacement (CIP#651) 7,630
Water Distribution System Master Plan Study
(CIP#668) 116,254
Water System Improvements & Valve
Replacements (CIP#636) 33,010 183,880 159,287
Water Tank Improvements Project (CIP#660) 142,072
Total expenditures 123,884 33,010 183,880 301,359 - REVENUES OVER(UNDER) EXPENDITURES - 180,659 (180,659) 678,698 446,988 ENDING BALANCE $ - $ 180,659 $ - $ 678,698 $ 1,125,686 Project No. Project Name
Total Year-To-Date
Expenditure
(All Funding Sources)
Total Impact Fees
Used
% of Expenditures
Funded with Capacity
Fee
405-651 Two Natural Gas Powered Engines & Pumps
Replacement
932,253$ 7,630$ 1%
405-668 Water Distribution System Master Plan
Study
163,485$ 116,254$ 71%
405-636 Water System Improvements & Valve
Replacements
1,398,126$ 376,177$ 27%
405-660
Water Tank Improvements Project
370,400$ 142,072$ 38%
80 3 Published, 11/07/2022
As of June 30, 2022, there are no interfund transfers or loans made from the fund, and the unexpended fund balance of the water connection is $1,125,686. The fund balance and continued collection of water connection fees will be utilized to fund projects related to the water system improvements and ongoing maintenance of existing facilities. The City does not anticipate undertaking any projects funded by water connection fees in the next fiscal year.

Sewer Connection Fee
Sewer Connection Fee is a type of capacity fee that public agencies may impose as a condition of development under the authority of California Government Code Section 66000 et seq, the Mitigation Fee Act. The purpose of the fee is to recover an equitable share of costs for capacity in facilities needed to provide sewer services. New development connecting to the City of Foster City’s sewer system is charged at the time of the building permit is issued. The connection fee is based on the reasonable cost of capacity per service connection. The reasonable cost is derived based on the value of facilities that provide capacity for growth. The sewer connection fees are charged based on per Equivalent Dwelling Unit (EDU). Single family and multi family connections are charged per EDU based on the number of dwelling units. Commercial customers are charged per EDU based on their estimated indoor water use and a strength factor for low, medium, and high strength sewer discharge. The fees collected will be used by the City/District to pay for existing and future facilities that provide capacity to serve future connections.

In Fiscal Year 2021-2022, the sewer connection fees were charged as shown in the table below:

The following table shows the revenues and expenditures activities of sewer connection fees and the capital projects funded by the fee.

Customer Class Fees Unit
Single Family $8,120 Per Dwelling Unit
Multi Family $5,073 Per Dwelling Unit
Commercial $8,120 Per Equivalent Dwelling Unit
Sewer/Wastewater Connection Fee Schedule
Fiscal Year 2021-2022
81 4 Published, 11/07/2022
Sewer Connection Fee
Revenues and Expenditures Schedule
For the Fiscal Years Ended June 30
Projects Funded by Sewer Connection Fee as of June 30, 2022 As of June 30, 2022, there are no interfund transfers or loans made from the fund, and the unexpended fund balance of the sewer connection is $329,365. The fund balance and continued collection of sewer connection fees will be utilized to fund the projects related to the sewer system improvements and ongoing maintenance and operations of existing facilities. The City does not anticipate undertaking any projects funded by sewer connection fees in the next fiscal year.

Fiscal Year Ended June 30, 2018 2019 2020 2021 2022
BEGINNING BALANCE $ - $ - $ - $ - $ 147,971
REVENUES:

Sewer Connection Fees 273,900 92,420 - 482,551 180,449 Interest Income 3,043 841 - 1,234 945
Total revenues 276,943 93,261 - 483,785 181,394
EXPENDITURES:

Capital Projects:

Sewer System Rehab-Force Main, Gravity
Mains & Manholes 2011/2012 (CIP#611) - - - 146,590
Sanitary Sewer Lift Station Improvement
Project Phase 5 (CIP#626) 276,943 93,261 - 83,089
Lift Station 59 Effluent Line Improvements
(CIP#695) - - - 49,773
Sanitary Sewer System Improvements
(CIP#696) - - - 56,362
Total expenditures 276,943 93,261 - 335,814 -
REVENUES OVER(UNDER) EXPENDITURES - - - 147,971 181,394 ENDING BALANCE $ - $ - $ - $ 147,971 $ 329,365
Project No. Project Name
Total Year-To-Date
Expenditure
(All Funding Sources)
Total Impact Fees
Used
% of Expenditures
Funded with Capacity
Fee
455-611 Sewer System Rehab-Force Main, Gravity
Mains & Manholes 2011/2012 (CIP#611) 1,199,170$ 146,590$ 12% 455-626 Sanitary Sewer Lift Station Improvement
Project Phase 5 (CIP#626) 7,673,868$ 453,293$ 6%
455-695 Lift Station 59 Effluent Line Improvements
(CIP#695) 75,805$ 49,773$ 66%
455-696 Sanitary Sewer System Improvements
(CIP#696) 56,362$ 56,362$ 100%
82 5 Published, 11/07/2022
Affordable Housing Commercial Linkage Fee
Affordable Housing Commercial Linkage Fee is the fee paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the City.

In Fiscal Year 2021-2022, the City/District charged affordable housing commercial linkage fees for nonresidential development projects as follows:

The following table shows the revenues and expenditures activities of commercial linkage fees.

Commercial Linkage Fee
Revenues and Expenditures Schedule
For the Fiscal Year Ended June 30, 2022
Category Fee per Square Foot of Net New Gross Floor Area Hotel $12.50
Retail, Restaurant, and Services $6.25
Office, Medical Office, and Research and
Development Uses $27.50
Affordable Housing Commercial Linkage Fee (Nonresidential Development Projects) Schedule Fiscal Year 2021-2022
Fiscal Year Ended June 30, 2021 2022
BEGINNING BALANCE $ - $ 568,915
REVENUES:

Commercial Linkage Fees 567,683 -
Interest Income 1,232 2,591
Total revenues 568,915 2,591
EXPENDITURES:

Housing Projects Expenditures - -
Total expenditures - -
REVENUES OVER(UNDER) EXPENDITURES 568,915 2,591
ENDING BALANCE $ 568,915 $ 571,506
83 6 Published, 11/07/2022
As of June 30, 2022, the unexpended fund balance of the commercial linkage was $571,506. The fund balance and continued collection of commercial linkage fees will be used to provide housing affordable to very low income, lower income, and moderate income households in the City, consistent with the goals and policies contained in the City’s housing element and the purposes for which the fees were collected, and for administration and compliance monitoring of the affordable housing program.
84 DATE: December 5, 2022
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
FROM: Stefan Chatwin, City Manager
DEPARTMENT: Human Resources
SUBJECT: CONFIRMING CITY COUNCIL/BOARD OF DIRECTORS

FLEXIBLE BENEFITS PLAN ALLOWANCE EFFECTIVE
JANUARY 1, 2023

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (hereinafter referred to as "City Council") approve the attached resolutions confirming the flexible benefits allowance effective January 1, 2023, for the Councilmembers/Board of Directors.

BACKGROUND/ANALYSIS
The City of Foster City/Estero Municipal Improvement District provides health, dental, vision, and dependent/childcare benefits through a flexible benefits plan for all City/District full-time employees. Councilmembers/Board of Directors may also participate in the flexible benefits plan.

The City Council currently participates in the flexible benefits plan and establishes the monthly contribution to the plan by resolution. The City Council established the monthly contribution to the plan by resolution most recently on September 19, 2022, equal to the same amount as management employees. The management employees flexible benefit contributions are scheduled to increase effective January 1, 2023. Staff is recommending approving the attached agreements to bring members of the City Council up to the same level of contributions as the management employees.

5.2.3. Staff Report
85 CEQA
Not Applicable

FISCAL IMPACT
The monthly contributions to the flexible benefits plan for CY 2023 for members serving on the City Council are as follows: City Councilmembers/Board of Directors and Family Members enrolled in Medical Plan Choice:

Monthly Amount Effective 1/1/2023
No Plan $1245
Employee Only $1515
Employee + One $1963
Employee + Two or More $2448

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

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
86 RESOLUTION NO. _____________

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

CONFIRMING THE FLEXIBLE BENEFITS ALLOWANCE FOR MEMBERS SERVING ON THE CITY COUNCIL EFFECTIVE JANUARY 1, 2023

CITY OF FOSTER CITY
WHEREAS, the City of Foster City provides health, dental, vision, and dependent/childcare benefits through a flexible benefits plan for all City employees; and WHEREAS, City Councilmembers may also participate in the flexible benefits plan; and
WHEREAS, the City Council currently participates in the flexible benefits plan and usually establishes the monthly contribution to the plan by resolution; and WHEREAS, the City Council previously established the monthly contribution to the plan by resolution on September 19, 2022; and
WHEREAS, the City Council wishes to establish the monthly contributions to the plan for the upcoming calendar year 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the monthly contribution to the flexible benefits plan for members serving on the City Council be as follows:

City Councilmember and
Family Members enrolled in
Medical Plan Choice:

Monthly Amount
Effective 1/1/2023
No Plan $1245
Employee Only $1515
Employee + One $1963
Employee + Two or More $2448

5.2.3. Attachment 1 - City Resolution
87 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

RICHA AWASTHI, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK
88 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT CONFIRMING THE FLEXIBLE BENEFITS ALLOWANCE

FOR DIRECTORS SERVING ON THE BOARD OF DIRECTORS EFFECTIVE JANUARY 1, 2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the City of Foster City/Estero Municipal Improvement District provides health, dental, vision, and dependent/childcare benefits through a flexible benefits plan for all District employees; and
WHEREAS, the Board of Directors may also participate in the flexible benefits plan; and
WHEREAS, the Board of Directors currently participates in the flexible benefits plan and usually establishes the monthly contribution to the plan by resolution; and WHEREAS, the Board of Directors previously established the monthly contribution to the plan by resolution on September 19, 2022; and
WHEREAS, the Board of Directors wishes to establish the monthly contributions to the plan for the upcoming calendar year 2023.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the monthly contribution to the flexible benefits plan for Directors serving on the Board of Directors be as follows:

Board of Directors and
Family Members enrolled in
Medical Plan Choice:

Monthly Amount
Effective 1/1/2023
No Plan $1245
Employee Only $1515
Employee + One $1963
Employee + Two or More $2448

5.2.3. Attachment 2 - EMID Resolution
89 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 5 th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:
______

PRISCILLA SCHAUS, DISTRICT SECRETARY
90 DATE: December 5, 2022
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City Manager
FROM: Julie Paping, Principal Management Analyst
DEPARTMENT: City Manager
SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

ACCESSIBILITY, AND A GENERAL UPDATE ON THE NOVEL
CORONAVIRUS (COVID-19)

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions extending the proclamation of the existence of a local emergency caused by the threat of the novel Coronavirus (COVID-19), and proclaiming the continuing need for City Council/EMID Board of Directors, Planning Commission, and Committees to meet by teleconference and allow for increased meeting accessibility via in person and teleconference meeting participation (Attachments 1 and 2). The general update is informational only and no further action is required.
.

BACKGROUND
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID- 19). On March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID- 19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health

5.2.4. Staff Report
91 Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

The City Manager, acting as the City’s Director of Emergency Services, was authorized to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. As a result, on March 16, 2020, the City Manager acting as Director of Emergency Services proclaimed the existence of a local emergency due to conditions and threatened conditions of peril due to the expansion of the COVID-19 virus. Pursuant to California Government Code Section 8630, the City Council ratified the proclamation made by the Director of Emergency services on March 18, 2020 per Resolution No. 2020-23, within the required seven (7) days of the proclamation.

Local Emergency
Since the proclamation of the existence of a local emergency back in March, the City Council has continued to receive updates at its meetings on the operational impacts and actions taken by the City related to COVID-19. The City Council had also received an overview of the City's recovery plan at its Vision & Policy Summit on June 4, 2020 and a presentation from the County of San Mateo on its Recovery Initiative on October 5, 2020. On October 6, 2020, the County Board of Supervisors accepted the final report on the SMC Recovery Initiative, which outlines a path toward a more equitable, healthy and connected community in the recovery from COVID-19.

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, and November 21, 2022. Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local emergency every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No. N-29-20 (as revised by Executive Order No. N-08-21), which modifies the requirements for conducting meetings via teleconference during the COVID-19 pandemic, expired on September 30, 92 2021. While the intent of Executive Order No. N-29-20 and AB 361 are both to facilitate public access to meetings via teleconferencing options, there are differences between the two. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021 expiration of the current Brown Act exemptions as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

On October 18, 2021, the City Council/Board of Directors approved resolutions to implement and utilize teleconference accessibility to conduct public meetings, pursuant to AB 361. Findings must be made every thirty (30) days to continue to the practice of such. By approving the resolutions attached, the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable. Approving the resolutions under AB 361 would also allow the continued flexibility that was provided by Executive Order No. N-29-20 to allow Councilmembers/EMID Board Members or Planning Commissioners and other Committee Members to attend the meeting via teleconference without following the normal teleconference requirements under the Brown Act, which include listing the teleconference location on the published agenda and posting the agenda at the site of the teleconference. If circumstances change and it is determined that safety concerns prohibit in-person meeting participation entirely, members may pivot to teleconferencing only without the preparation that is otherwise required under the Brown Act, while maintaining accessible public meetings.

Timeline
A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every thirty (30) days when the proclamation of the existence of a local emergency is brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly e- Newsletter.

Latest Updates
93 San Mateo County remains in the Green/Low COVID-19 Community Level category.

Health officials continue to recommend that residents keep up to date with vaccinations and boosters, get tested if you have symptoms, and wear high-quality masks (N95/KN95) in settings where ventilation is poor or if you are at high risk for severe disease or illness. Wearing high-quality masks indoors is especially important now with COVID-19, RSV, and flu circulating in San Mateo County.

COVID-19 vaccines are available for those 6 months and older and boosters are available for those 5 years and older. San Mateo County Health urges residents age 5 years and older who have completed the primary vaccine series or received their most recent booster at least two months ago to get the updated COVID-19 bivalent booster.

People cannot receive the bivalent booster until after completing at least a primary COVID-19 vaccination series.

Updated, bivalent boosters are being offered by San Mateo County Health at its community clinics. To find a vaccination clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar. Appointments can be made at https://myturn.ca.gov or by calling the CA COVID-19 Hotline at 1-833-422-4255.

Appointments are encouraged, but not required. Bivalent boosters are also available from primary health care providers and at some pharmacies.

ANALYSIS
With the disruption in normal operations due to COVID-19 and the Public Health Order to “Shelter in Place”, City operations were implemented based on essential functions identified in the City's Continuity of Operations (COOP) and Continuity of Government (COG) Plan.

In the City's response to COVID-19, the main objective is to keep the community safe, reduce the risk of transmission, and help slow the spread of the novel Coronavirus (COVID-19). Outlined in the COVID-19 Response Plan Summary are six broad priority areas in which the City has focused its efforts to-date (Attachment 4).

CEQA
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with adoption of the resolutions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement; Public Safety and Social Equity
94 ATTACHMENTS:

Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing) Attachment 3 - COVID-19 Timeline (as of November 28, 2022) Attachment 4 - COVID-19 Response Plan Summary (as of November 28, 2022) 95 RESOLUTION NO.____________

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

EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE THREAT OF THE NOVEL COVID-19 VIRUS, AND PROCLAIMING

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and

5.2.4. Attachment 1 - City Resolution
96 extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, and November 21, 2022, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020- 113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, 2021-185, 2022-5, 2022-15, 2022-28, 2022-39, 2022-52, 2022-71, 2022-88, 2022-104, 2022-110, 2022-122, and 2022-129, respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and 97 related hospitalizations; and
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

1. The proclamation of a local emergency is hereby extended for at least an additional 60 days, or until the proclamation is next extended by resolution. Per Government Code Section 8630, the City Council shall review and renew this declaration every 60 days until the emergency is terminated.

2. The City Council of the City of Foster City hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

3. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic and have began conducting hybrid meetings in accordance with Government Code section 54953(e).
98 5. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

6. The City Council hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 5th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
99 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, and November 21, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, 3666, 3675, 3680, 3685 and 3691, respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.

5.2.4. Attachment 2 - EMID Resolution
100
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

1. The Estero Municipal Improvement District Board of Directors (EMID Board) hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the EMID Board.

2. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

3. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have began conducting hybrid meetings in accordance with Government Code section 54953(e).

4. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

5. The EMID Board of Directors hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 101
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 5 th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
102
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Monday, November 28 , 2022

DATE ACTIVITY/DESCRIPTION
March 4, 2020 Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19).

March 5, 2020 County of San Mateo declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County.

March 31, 2020 County of San Mateo Public Health Officer issued a new order extending the "shelter in place" period through May 3, 2020, which was a complement to the indefinite statewide stay -at- home order issued by Governor Gavin Newsom earlier in March.

April 29, 2020 County of San Mateo Public Health Officer issued a new order (alongside the other Bay Area Health Officers) extending the shelter in place orders through May 31, 2020.

May 15, 2020 A revised order was issued, superseding the last order, bringing County of San Mateo into alignment with early Phase 2 of Governor Gavin Newsom’s Resilience Roadmap. The order maintained that all individuals continue to shelter in place and continues to restrict most activity, travel, and governmental and business functions t o essential needs, outdoor activities, and outdoor businesses but adds additional businesses and activities to the list of permitted functions.

May 28, 2020 A revised order was issued with a few modifications to the previous order to allow places of worship to hold services and retail stores to allow customers inside. It also provided guidelines for additional activities such as car parades and protests.

June 4, 2020 A revised order was issued to allow outdoor dining and charter boat operations, as well as amending the guidelines for funerals.

June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 50 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and requir ed businesses to implement a social distancing protocol and written health and safety plans.

July 29, 2020 County of San Mateo was added to the state's monitoring list due to an increase in the rate of COVID-19 cases in the County and as a result, specific indoor businesses were required to cease operations starting August 2, unless they could be modified to operate outside or by pick-up.

August 28, 2020 County of San Mateo was placed in the purple tier rank or "widespread" county risk level under the State's new color-coded reopening system.

September 22, 2020 County of San Mateo moved to the red tier rank or "substantial" county risk level.

October 27, 2020 County of San Mateo moved to the orange tier rank or "moderate" county risk level.

November 17, 2020 As COVID-19 cases and hospitalizations surged and ICU capacity levels declined, County of San Mateo rolled back to the red tier rank or "substantial" county risk level.

November 29, 2020 County of San Mateo then rolled back to the purple tier rank or "widespread" county risk level.

November 30, 2020 A Limited Stay at Home order went into effect.

December 17, 2020 A Regional Stay at Home order then went into effect.

January 25, 2021 The Regional Stay at Home order ended and the County of San Mateo returned to the purple tier rank or “widespread” county risk level.

February 24, 2021 County of San Mateo moved into the red tier rank or "substantial" county risk level.

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level.

5.2.4. Attachment 3 - City of Foster City - COVID-19 Timeline as of 2022.11.28 103
April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.

April 6, 2021 Governor Gavin Newsom outlines the State’s next step in the COVID-19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met.

April 15, 2021 The California Department of Public Health adjusted its Orange Tier 3 guidance for gatherings, private events and indoor seated live events and performances. O utdoor gathering size increases to 50 people. For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people. Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.

May 3, 2021 The California Department of Public Health provides updated guidance on use of face coverings, which essentially provides exceptions for those fully vaccinated in outdoor settings.

May 12, 2021 County of San Mateo moved into the yellow tier rank or "minimal" county risk level.

May 19, 2021 Bay Area Health Officers release statement in support of the California Department of Public Health’s strategy to continue with current masking guidance until June 15, when the State will align with the CDC’s updated masking guidance.

June 3, 2021 Bay Area Health Officers release statement in support the opening of California schools for full time in-person instruction for all grades in the fall of 2021.

June 15, 2021 State of California officially reopens and moves “Beyond the Blueprint” which ends the color- coded reopening tier systems and lifts most restrictions on businesses. Most County of San Mateo offices reopen in-person as well.

July 16, 2021 County of San Mateo Joins Bay Area Counties in recommending masking indoors as precaution against COVID-19, particularly the increased circulation of the Delta variant.

July 19, 2021 City of Foster City began hybrid in-person and virtual City Council meetings.

July 26, 2021 County of San Mateo announces face coverings are required solely at County -operated facilities.

July 26, 2021 City of Foster City reopened City Hall to the general public for walk-ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday.

July 29, 2021 City of Foster City announces face coverings are required at all times indoors when visiting City facilities.

August 3, 2021 County of San Mateo issues a health order requiring all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions.

August 9, 2021 City of Foster City reopened Recreation Center and began offering indoor programs again.

August 26, 2021 Bay Area Health Officers release statement reaffirming support for full in-person school, given safety measures and flexibility for different approaches to meet the needs and capacities of a of schools and districts.

September 16, 2021 Governor Gavin Newsom signs Assembly Bill 361, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08-21), which modifies the requirements for conducting meetings via teleconference during the COVID -19 pandemic, expire s on S
eptember 30, 2021 . AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

September 30, 2021 San Mateo County Health announces it will be launching Booster Clinics at the Event Center October 7, 2021 Bay Area Health Officers issue criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently.

October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 104
interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

December 1, 2021 The California Department of Public Health has published a fact sheet about the Omicron variant. County Health is working with the state to understand potential local impacts.

December 15, 2021 The California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces. The order i s in effect December 15, 2021 to January 15, 2022.

January 5, 2022 The California Department of Public Health announces the extension of its mask mandate. The order is in effect December 15, 2021 to February 15, 2022.

January 5, 2022 City of Foster City/EMID announces that City Council, Planning Commission, citizen advisory committees, and other public meetings will be held virtually for the months of January and February starting January 13, 2022.

February 16, 2022 Indoor masking is no longer required by the State or County, except for unvaccinated individuals. Everyone, regardless of vaccination status, must continue to mask indoors in high- risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.

March 7, 2022 The City Council returned to in-person hybrid public meetings.

March 14, 2022 Indoor masking is no longer required, though strongly encouraged, at City facilities.

April 6, 2022 California Department of Public Health updated is guidance so that masking in schools is no longer required, though strongly encouraged.

April 18, 2022 Federal judge issues ruling that masks are no longer required on public transportation conveyances and at transportation hubs.

June 18, 2022 The CDC approved COVID-19 vaccinations for children at least 6 months of age.

June 30, 2022 San Mateo County was moved from the Medium/Yellow to the High/Red CDC COVID -19 Community Level category.

August 18, 2022 San Mateo County was moved from High/Red to Low/Green CDC COVID-19 Community Level category.

September 13, 2022 Updated, bivalent boosters, which are effective against t he primary and Omicron strains of COVID-19, became available through San Mateo County Health.

October 17, 2022 Governor Newsom announced the declared COVID -19 State of Emergency would end on February 28, 2023.
105

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Foster City City CouncilDecember 5, 2022

Foster City City Council
December 5, 2022