Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Reso 213-2021 (21-878)
City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 213-2021 File Number: 21-878 Enactment Number: RES 213-2021 RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH WILSEY HAM, INCREASING THE CONTRACT BY $500,000 TO AN AMOUNT NOT TO EXCEED $961,655 FOR DESIGN SERVICES FOR THE HARBOR MASTER SPIT PROJECT (PROJECT NO. PF2002). WHEREAS, at the City Council meeting on November 9, 2020, the City Council adopted a resolution approving the award of a Consulting Services Agreement with Wilsey Ham of San Mateo, California in an amount not to exceed $461,655 for the Planning, Environmental Permitting and Engineering Services for the design of the Harbor Master Spit Project; and WHEREAS, the scope of services in the Agreement is to develop Sea Level Rise design alternatives, cost estimates, and preliminary environmental review to address tidal inundation of the Harbor Master Spit during extreme high tides; and WHEREAS, at a special City Council meeting on May 25, 2021, staff presented an update on the efforts to address sea level rise and to expand commuter ferry service on the Spit at Oyster Point and heard feedback from the City Council; and WHEREAS, staff presented the City Council with three options to address the long-term sea -level rise adaptation of the Spit. The cost was estimated to be within a cost range of $15 million to $34 million; and WHEREAS, staff proposes a maintenance project to preserve the existing harbor master building and restore the grades of the site to the elevations established with the 1979 Landfill Closure Project; and WHEREAS, the restored grades of the Spit will be higher than the current King Tides and 100 -year design storm water surface elevation; and WHEREAS, the Project will ensure continued compliance with the Regional Water Quality Control Board Order; and WHEREAS, the Project also includes ADA improvements to the Guest Dock and constructs a small shelter to protect ferry patrons from the elements; and WHEREAS, Wilsey Ham submitted a detailed proposal in the amount of $710,790 to perform the necessary scope of work needed to bid the Phase 1 project for construction; and City of South San Francisco Page 1 File Number: 21-878 Enactment Number., RES 213-2021 WHEREAS an approval by the City Council of a First Amendment to the Consulting Services Agreement with Wilsey Ham meets the intent of the original RFP and the City's purchasing ordinance; and WHEREAS, approximately $211,655 remains in the current Consulting Services Agreement; and WHEREAS an additional $500,000 is required to amend the contract to an amount not to exceed $961,655. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves a First Amendment to the Consulting Services Agreement with Wilsey Ham of San Mateo, California, increasing the contract by $500,000 to an amount not to exceed $961,655, for design services of the Harbor Master Spit Project (Project No. pf2002); and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the First Amendment to the Consulting Services Agreement contract in substantially the same form as Exhibit C and any other related documents on behalf of the City upon timely submission by Wilsey Ham, Inc. of the signed contract amendment and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the associated staff report and this resolution. At a meeting of the City Council on 12/8/2021, a motion was made by Councilmember Flores, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Councilmember Addiego, Mayor Nagales, Vice Mayor Nicolas, Councilmember Coleman, and Councilmember Flores Attest by W �L sa Govea Acosta, City Clerk City of South San Francisco Page 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND WISEY HAM, INC. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of December 8, 2021, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and WILSEY HAM, INC (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On November 9, 2020, the City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide Planning, Environmental Permitting, and Engineering Services for the Harbor Master Spit project . A true and correct copy of the Agreement and its exhibits is attached as Exhibit B. B. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1 “ Services”. The Scope of Services is hereby amended to include the additional Planning, Environmental Permitting, Landscape Architectural, and Engineering Services as described in the Contractor’s Proposal dated November 18, 2021 attached hereto as Exhibit C to this Amendment. 3. Section 2 “Compensation” is hereby amended to include the following: City hereby agrees to pay Contractor a sum not to exceed ($710,790.00) for the Scope of Services defined in Exhibit B of this Amendment. Payment shall be based on time and materials per the rate schedule included with Exhibit C. The total compensation paid to the Contractor under this Agreement shall be increased by $500,000 to an amount not to exceed Nine Hundred and Sixty-One Thousand Six Hundred and Fifty-Five Dollars ($961,655). All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this First Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this First Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Exhibit A Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: City Manager Print Name: ____________________ Title:__________________________ Approved as to Form: By: City Attorney Exhibit A 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 November 18, 2021 Eunejune Kim, P.E. Public Works Director City of South San Francisco Engineering Division 315 Maple Avenue South San Francisco, CA 94080 Re: Proposal for the City of South San Francisco’s Harbor Master Spit Project – Tasks 4-9 Dear Eunejune: Wilsey Ham (WH) is pleased to provide you with this proposal for engineering, permitting and surveying services for the design phase of the Harbor Master Spit Project, Tasks 4-9. Background In 2020, the City of South San Francisco issued an RFP for qualified consulting firm’s to provide professional site planning, environmental agencies permitting and engineering services for the design and construction of the Harbor Master Road Spit Site Development Project (Spit), CIP Project No. PF2002. The RFP included the scope for all ten tasks anticipated to be needed for the project including project investigation, permitting, design development and construction. Wilsey Ham assembled a team which included Langan as the geotechnical engineers, Biggs Cardosa Associates (BCA) as the structural engineers, WRA as the environmental specialists and JDH Consultants as the cathodic protection specialists. Although the proposal included the scope for ten tasks, only the first three tasks were authorized in the original contract. This proposal is for Tasks 4-9, which includes permitting, public outreach, design development and the preparation of Bid Documents. The project is located at a site that previously operated as a municipal landfill from 1956 to 1970. Landfill closure activities were performed around the site in the 1970’s and 1980’s in accordance with state regulations at the time. The Spit is a piece of land that juts out from the main Oyster Point peninsula, which houses the Harbor Master Building and other marina facilities. Due to site settlement since the landfill has closed, the Spit is now below the high tide line and is subject to tidal inundation. This is a violation of Title 27 “Environmental Protection” of the California Code of Regulations (CCR). The City has received notification from the Regional Water Quality Control Board that it is in violation and has ordered the City to address the inundation. Over the past year, Wilsey Ham has worked with the City to perform Tasks 2 and 3 of the original RFP, which included investigating the site, determining the limits of refuse, analyzing different options for addressing the tidal inundation, developing mitigation strategies, and making recommendations to the City for moving forward within the construction budget available. To date we have completed the following work: · Due diligence research · Review of 2011 EIR and 2017 EIR Exhibit B Eunejune Kim, PE November 18, 2021 Page 2 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 · Biological Resources Constraints Memo · GIS shapefiles of sensitive and non-sensitive land · Geotechnical Report o Soil and groundwater conditions o Estimated extent of landfill o Estimated settlement for conventional fill and lightweight fill o Criteria for fill quality and compaction o Slope stability analysis · Limit of Landfill Exhibit · Design Criteria Memo · Conceptual design for two alternatives · Sea/Retaining Wall Structural Analysis · Compensatory Mitigation Options Work that was included in the original scope but have not yet been performed include: · Permitting data request checklist with draft permit applications · Final permit applications to agencies · Compensatory Mitigation Strategy Coordination with City · Interagency Meeting (1) The preliminary investigation work has led to a strategy of addressing the inundation in two phases: · Phase 1 will raise the Spit back to its original elevation to match the finished floor elevation of the existing Harbor Master Building, bringing the site above current extreme high tide elevations. · Phase 2 will raise the Spit to be resilient to the 2100 Sea Level Rise 100-year base flood elevation. For this proposal, the project will be designed and permitted for Phase 1 of the project. Phase 2 will be designed at an undetermined time in the future as part of a separate project. The cost to date for the work performed in Tasks 1-3, as listed above, is $241,527. The remaining budget on the original contract is $220,128. The work that was scoped for Tasks 1-3 but has yet to be performed has been included in this proposal. Design The Phase 1 design will require the entire site to be raised roughly 3-4 feet to bring it above the current extreme high tide elevation. To achieve this, 3:1 fill slopes will need to be installed around the perimeter of the Spit. The toe of the slope will be placed at the extents of the landfill as determined by the site investigations performed during the preliminary investigations of Tasks 2 and 3. Langan will perform slope stability analysis for the fill slope and, in coordination with Wilsey Ham, develop a detail to key the Exhibit B Eunejune Kim, PE November 18, 2021 Page 3 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 new slope into the existing ground. This detail will need to account for repairing the clay cap, which extends several feet beyond the limit of refuse. The interior of the Spit will be raised to be a similar elevation to the existing Harbor Master Building. The site will be designed to conform to the Harbor Master Building and the Bay Trail that is currently under construction. A supplemental survey will be needed when the design progresses for finalizing conform grading. The site will be graded to drain away from the building to a new storm drain system that will be installed in the Spit. The existing utilities on the Spit will be protected to maintain services to the Harbor Master Building and the docks. The surface facilities will be raised to the new elevations. A Calwater main currently exists on the Spit. Wilsey Ham will coordinate with Calwater to determine if the existing main can stay in its existing location or whether mitigation will be needed. If Calwater prefers to relocate the main, we assume Calwater will perform the design and coordination with DDW. Prior to fill being placed on site, Langan will perform a landfill cover investigation to evaluate the conformance of the existing clay cap with Title 27 CCR, which requires a low permeability layer (clay cap) not less than 1-foot thick, compacted to attain a hydraulic conductivity not more than 1x10-6 centimeters per second (cm/sec). Langan will evaluate the presence and thickness of the existing clay cap through test pits. In addition, they will collect samples of the clay cap to conduct laboratory testing to determine the hydraulic conductivity of the soil. If their analysis of the existing clay cap determines there are deficiencies, Langan will prepare a Clay Cap Repair Plan with specifications and details for improving the clay cap for review and approval by the applicable regulatory agencies. For Phase IC of the Oyster Point Development, a new clay cap was placed over the clay cap deficient areas to bring that area into conformance with Title 27 CCR. It is assumed a similar detail will be used for deficiencies, if any, at the Spit. Accounting for settlement of the placed fill will be a major issue that needs to be addressed to ensure that the Spit remains above the extreme high tide for the foreseeable future. Using typical soil fill will result in significant settlement due to the underlying Bay Mud and refuse. To mitigate for the settlement, lightweight fill will be used for the majority of the fill. Although we anticipate using lightweight cellular concrete (also known as Cellcrete) as the lightweight fill, other options may be investigated during design at the City’s direction. If other options are looked at, a recommendation will be made to the City based on constructability, cost and ease of maintenance. Although the majority of fill will be lightweight fill, other fill material will be needed for the finished surfaces. The fill slopes will need to be engineered fill to provide a base for the interior fill. Hardscape and pathway materials will be determined by the City in coordination with the Landscape Architect, with the structural sections determined by Wilsey Ham and Langan. Areas not covered by hardscape will need a minimum of one-foot of fill over the lightweight fill as a finishing material. The fill sections will be determined and provided to Langan to prepare the settlement calculations needed. There are two docks currently connected to the Spit. These dock connections will need to be maintained for the Phase 1 design. BCA will conduct a site visit and structural assessment of each existing dock bridge structure spanning between the shore and floating dock to verify suitability of structure for modification and reuse during Phase 1. They will prepare a Preliminary Dock Mitigation Exhibit B Eunejune Kim, PE November 18, 2021 Page 4 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 Design for the City and other stakeholders to review and use for environmental clearance purposes. This document will include preliminary structural design, specifications, and an estimate of probable construction costs for the dock mitigation at the two locations. The site outside of the existing building currently consists of a roadway and surface parking. NCE, the project landscape architect, will prepare a Schematic Landscape Master Plan for the project’s landscaped area, which will be presented to the City. Revisions will be made to the schematic plan per City comments. Plan Set Preparation The design process will begin with preparing the Preliminary 35% plan set. This plan set will be used by WRA to prepare the Project Description for CEQA, so we will need to prepare the Phase 1 35% plans. At the City’s request, the Phase 2 35% plans will not be prepared and the wall option will not be included in the CEQA process. We will prepare preliminary Grading Plans, Drainage Plans, Typical Sections, and Site Demolition Plan. BCA will prepare the 35% dock mitigation structural plans. We will prepare cross sections of the fill and perform preliminary earthwork calculations based on the grading plans. NCA will prepare 35% Landscape Plans. The team will prepare a list of technical specifications as well as a construction cost estimate. In addition, if Langan’s analysis of the clay cap shows deficiencies, we will prepare a clay cap repair plan and develop details. Langan will review the plans and assist in the preparation of specifications. WRA will provide limited support to the project engineers in preparation of the Preliminary Design for the City and other stakeholders to review. WRA will review the preliminary design to ensure the plans include the details that they know the regulatory agencies will require, and will prepare a table showing the details required to prepare regulatory permit applications. Once the City has reviewed the preliminary design documents, Wilsey Ham will meet with the City to review the comments and answer any questions. At the initiation of the design development phase, we will begin by incorporating plan changes that are required as a result of the environmental permitting process. It is anticipated that there will be several requirements and conditions placed on the project that will be needed to be included in the bid documents. The grading plan and drainage plan will be adjusted to incorporate anticipated settlement based on recommendations from Langan. Grading for walkways will need to be designed in such a way that ADA standards will still be met post-settlement. For any gravity pipes needed, we will need to make sure they maintain adequate slope post-settlement to drain. It is anticipated that many of the improvements that are part of Oyster Point Development Phase IC that were not installed at the site investigation portion of this project will be constructed once the 65% design begins. We will conduct field investigations to verify if there are any potential impacts resulting from the new construction. All potential obstructions or conflicts will be noted on the 65% plan set. Preliminary plans, technical specifications, construction cost estimates, calculations and schedule will be submitted to the City as part of the 65% plan package. Upon receipt of City comments on the 65% design, Wilsey Ham and the project team will prepare the detailed plans, specifications and construction estimate. The improvement plans will include plan and Exhibit B Eunejune Kim, PE November 18, 2021 Page 5 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 section views as well as construction details. Technical specifications will be developed using the City’s standard format and will be packaged with the City’s Notice to Bidders, Bid Schedule, General Specifications and Special Provisions. The Special Provisions will be prepared to address the required work hours, provisions for pedestrian and vehicular access, protection of existing improvements, measurement and payment, and other requirements that will facilitate the management of the construction. The construction cost estimate will also be updated. At each submittal, the Construction Document package will be submitted to the City for their review and comment. After the City’s review, Wilsey Ham will meet with the City to go over their comments. Wilsey Ham will address the City’s comments in the next bid package submittal and a written response to City comments will be provided. After the 95% Plan Set is complete, the entire package will be thoroughly checked through our quality control process. This final PS&E package will then be submitted to the City for their review. After the City’s review, any remaining City comments will be addressed and the Bid Package will be issued for bid. Environmental Clearance We have determined environmental clearances will need to be obtained after a review of the existing CEQA documentation established that this project is not covered under the EIR. It is assumed that the project will prepare a Mitigated Negative Declaration (MND) for CEQA instead of an Environmental Impact Report (EIR). At the direction of the City, CEQA will only address Phase 1 of the Harbor Master Spit Grading project. The Project Description is the foundation of the CEQA document and complete analysis of environmental topics cannot be executed until this is completed. The 35% level design documents will be used to develop the Project Description. Having a complete Project Description will help us avoid delays that often are associated with responding to “last minute” refinements to the preferred design alternative. We will work with the City to ensure that the preferred design option includes the “whole of the action” and thus is sufficiently comprehensive to be evaluated under CEQA. For example, it will be important to identify any follow-up monitoring of the modified landfill to identify any potential operational impacts. The Project Description will be submitted to City staff for comment. We will revise the Project Description once following City review. Technical studies will be needed to evaluate impacts to air quality, greenhouse gases, and noise. Project impacts on stormwater and water quality will be compiled, including communication with the Regional Water Quality Control Board regarding the anticipated performance of the project in controlling potential release of hazardous materials into the Bay, and the management of post-construction stormwater. The following is a list of the studies we will perform: Exhibit B Eunejune Kim, PE November 18, 2021 Page 6 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 · Air Quality/Greenhouse Gases: Construction-related air quality impacts resulting from the proposed project would be addressed by predicting construction period emissions. Since the project is near residences (marina tenants), a community risk assessment is included. · Noise/Vibration: Construction noise attributable to the proposed project may result in a temporary increase in ambient noise levels in the area. The study will identify noise sensitive receptors and vibration sensitive uses, and recommend mitigation measures need during construction. · Cultural Resources: Technical work and documentation to support obligations under CEQA and potential Section 106 of the National Historic Preservation Act is necessary to address cultural and historic resources. We will prepare a Cultural Resources Technical Report, which will be formatted to include content required for an IS/MND pursuant to CEQA, supplemented by content to meet Section 106 requirements for review by the State Historic Preservation Office. · Biological Resources: Building upon the biological resources constraints memorandum prepared under Task 2, we will prepare a Biological Resources Technical Report (BRTR) to support preparation of the CEQA document. The BRTR will address both state and federal species and will share information on the known or potential use of the site by any sensitive species identified in the earlier memo, as well as the potential use of the site by species ranked depending upon the suitability of the habitat or proximity of any known records documented in an updated database search. We assume that the City will decide to complete an IS/MND rather than an EIR. Should it be determined that an EIR is needed instead of an MND, the CEQA process would be similar to that described below, but about six months longer mostly due to longer public noticing requirements, and the need to evaluate alternatives to the proposed project. If it is determined that an EIR is required, additional budget will be needed. The project team will prepare the IS/MND and address the 20 topics depicted in the 2020 CEQA Guidelines, Appendix G checklist. We will rely, to the extent appropriate, on previous analysis from the 2011 and 2017 environmental documents for descriptions of existing conditions and regulatory requirements. We believe aesthetics and recreation could receive a great deal of public scrutiny, thus a detailed level of analysis will be needed for this topic. We will produce renderings that accurately depict the height and mass of the project. WRA will evaluate the proposed project’s potential to affect any views of scenic vistas, produce light and glare, or alter the visual character of the project vicinity. Over the long-term, the height and massing of the elevated landfill could alter the visual character of the project area and affect important public viewpoints such as locations along the SF Bay Trail. We will evaluate how views will change from up to five key observation points. The public may request a formal analysis of the project’s visual impact by a technical subconsultant; however, this level of analysis is not included in this scope of work. There are other topics for which we believe there will be no impacts or impacts that are less than significant. These include: agricultural and forestry resources, land use, mineral resources, population Exhibit B Eunejune Kim, PE November 18, 2021 Page 7 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 and housing, public services, and wildfire risk. For the remaining topics there will likely be potentially significant impacts that require mitigation or adherence to existing laws and regulations. These topics include: biological resources, cultural resources, energy resources, geology and soils, hazardous materials, hydrology and water quality, traffic, utilities, and tribal cultural resources. After completing the 20 topical sections WRA will assemble the administrative draft IS/MND and we will submit to the City for review. Following City review, WRA will revise the IS/MND and prepare a screen check draft version. Should any significant comments be received from the City, a meeting will be held to determine how to best address those comments. WRA will revise the IS/MND and submit a public review draft IS/MND. After the public review draft is complete, we will provide the City with an electronic, pdf version for website posting. WRA will prepare the Notices of Completion and the Notice of Availability for the draft IS/MND and submit them to the State Clearing House. All submittals to the SCH will be electronic. Following the close of the 30-day public review period, WRA will respond to any comments received on the draft IS/MND, and we will submit a draft for City review and comment. We have scoped one response to comment, and will submit to the City along with any Errata and a Mitigation Monitoring Reporting Plan (MMRP). Collectively, these elements, including the text and exhibits prepared for the draft IS/MND, comprise the final IS/MND. WRA staff will prepare and present a summary of the findings of the IS/MND to the Planning Commission and City Council and be available to answer questions. Within 5 days of the final IS/MND adoption hearing WRA will prepare the Notice of Determination (NOD). Environmental Permitting A key outcome of the interagency meetings we are attending will be confirmation of which regulatory agencies have jurisdiction over the project and which permits and authorizations will be required for the project. WRA would act as the agent between the City and the agencies until the permits are issued. The City would be responsible for paying applications fees. Although we have not completed the interagency meetings and some questions still remain regarding permitting, permits we believe we will need to obtain include: · Clean Water Act (CWA) Section 404 And Rivers And Harbors Act Section 10 Permit – U.S. Army Corps Of Engineers (Corps) · Clean Water Act Section 401 Water Quality Certification – San Francisco Bay Regional Water Quality Control Board (Water Board) · Permit Amendment – San Francisco Bay Conservation and Development Commission (BCDC) Permits we may need include: · Section 2081 Incidental Take Permit – California Department of Fish and Wildlife · Marine Mammal Protection Act Letter of Authorization – National Marine Fisheries Service · State Lands Lease or Letter of Non-objection – California State Lands Commission Exhibit B Eunejune Kim, PE November 18, 2021 Page 8 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 Permits we do not believe are needed include: · Lake or Streambed Alteration Agreement - California Department of Fish and Wildlife WRA will help prepare the applications for these permits and manage the process until permit issuance. To manage this process of gathering data and to streamline the overall permitting effort, WRA will create an environmental permitting data request tracking sheet that identifies key pieces of information or documentation that will be required to complete the different applications and which project team members are responsible for providing the information and by what deadline. A BCDC design board public hearing may be needed for this project, which WRA will attend. Public Outreach For this project, WRA will take the lead for the team on public outreach. Wilsey Ham and WRA will support the public outreach process by: · Attending public meetings as requested by the City. · Preparing presentations and exhibits. · Present project status updates from time to time. · Presentation will identify the project boundaries, purpose and reason for the project, description of the proposed construction, and impacts and benefits to the community. The project team assumes that we will prepare for and attend up to five public meetings, two of which will be public hearings at the City’s Planning Commission and City Council meetings, to consider adoption of the MND. We assume the City of South San Francisco will publicize the meeting using established communications channels. WRA will provide draft language for these communications. The remaining three meetings will be project status updates for stakeholders, including but not limited to the City, Oyster Point Development, neighboring property owners, SFO, the Harbor District, and others. WRA will prepare an email invitation for the City to invite participants to the stakeholder meetings. WRA will develop the agenda, review the PowerPoint with content provided by the Project Team, and manage attendance. The presentation materials and exhibits will help interested parties understand the key features and purpose of the proposed Project, to help explain environmental constraints, and to explain the CEQA process and timing of public input and decision making. WRA will format materials so they may be posted as accessible documents on the City’s website. WRA will prepare and distribute the meeting minutes. Wilsey Ham, NCE and BCA will prepare exhibits and provide support to WRA during the permitting process. Based on this understanding and proposed approach, the following scope of work is proposed for this project. Exhibit B Eunejune Kim, PE November 18, 2021 Page 9 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 Scope of Services Task 1 – Project Management The fees associated with this task will only be for Tasks 4-9. Subtasks included in Project Management Include: 1. Overall project coordination. 2. Quality control reviews for 35%, 65%, 95% and final submittals. 3. Develop and monitor schedule and budget. 4. Sub-consultant Coordination & Meetings. 5. Meetings & Coordination with City of SSF. 6. Meetings & Coordination with Regulatory Agencies & Stakeholders. 7. Four design review meetings with the City at 35%, 65%, 95% & Final Design submittals. Deliverables: Meeting Minutes, Project updates and project schedules in electronic (PDF) format. Task 3 – Develop Alternatives and Recommendations Subtasks that were not completed during the first project phase and carried over to this proposal Include: 1. Compensatory mitigation coordination with the City. 2. Attendance to interagency meeting (1 max). 3. Preparation and submittal of Landscape Schematic Master Plan. Deliverables: Landscape Schematic Master Plan in electronic (PDF) format. Task 4 – Preliminary Design The preliminary design will be used to develop the Project Description for the CEQA process for Phase 1. Sub-tasks included in the Preliminary Design task include: 1. Finalize design criteria based on results of the alternative analysis. 2. Develop 35% grading plans. 3. Prepare title sheet and general notes sheet. 4. Develop 35% structural plans. 5. Develop 35% drainage plans. 6. Develop 35% typical sections. 7. Prepare cross-sections of fill. 8. Develop 35% utility relocation/abandonment plan. 9. Perform earthwork estimate. Exhibit B Eunejune Kim, PE November 18, 2021 Page 10 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 10. Prepare list of technical specifications. 11. Develop 35% construction cost estimate. 12. Prepare schedule of permitting activities. 13. Prepare 35% Landscape Plans. 14. Reimbursables. Deliverables: Final Technical Memorandum defining design criteria, 35% plan set, 35% earthwork estimate, 35% specification outline, CEQA Strategy Memorandum, and Schedule of permitting activities for Phase 1 electronic (PDF) format. Task 5 – Environmental Permitting and Clearance Permitting could take longer than expected and so it is imperitive to begin as soon as possible. Sub-tasks involved in the permitting task include: 1. Develop project description per CEQA guidelines (Section 15124) to include; a. Project location and project area boundaries. b. Project objectives. c. Key engineering/design features. d. Any supporting public infrastructure. e. A list of permits/approval needed to implement the project. f. Any other environmental review or consultation requirements. 2. Prepare draft and final versions of Cultural Resources Technical Report to include; a. Environmental Impact Report pursuant to CEQA. 3. CEQA technical studies to evaluate impacts to air quality, greenhouse gases, and noise. 4. Develop a Compensatory Mitigation Strategy. 5. Administrative draft MND to include: a. Introduction b. Project Description c. Environmental Settings, Regulatory Background and analyses for 20 topics in CEQA Guidelines Appendix G checklist d. Mandatory Findings of Significance e. List of Preparers f. References g. Appendices 6. Prepare Screen check and Public Review Draft MND. 7. Provide responses to Draft MND comments once, and submit Final MND along with any Errata and a Mitigation Monitoring Reporting Plan (MMRP). 8. Prepare applications and manage various agency permitting (USACE, RWQCB, BCDC, etc.) 9. Perform a Clay Cap Evaluation. 10. Perform Analytic Testing and Prepare a Cost Estimate. 11. Prepare a Clay Cap Repair Plan. 12. Reimbursables. Exhibit B Eunejune Kim, PE November 18, 2021 Page 11 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 Deliverables: Project Description, Cultural Resources Technical Memo, CEQA Technical Studies, Administrative Draft MND, Screen Check and Public Review Draft MND, Final MND and Errata, MMRP, and Clay Cap Repair Plan in electronic (PDF) format. Task 6 – Public Outreach Obtaining buy-in from the various stakeholders is a key component to a successful project. Our public outreach will include the following sub-tasks: 1. Meet with City to develop outreach strategy. 2. Prepare presentations and exhibits. 3. Attend up to four public outreach meetings (four maximum). 4. Produce post meeting project updates (six maximum). 5. One final public workshop to present final approved project. 6. Meet with live-in boaters (if needed). 7. Reimbursables. Deliverables: Meeting minutes from strategy meeting, exhibits for presentations and summary of outreach meetings in electronic (PDF) format. Task 7 – 65% Design Sub-tasks included in the 65% Design task include: 1. Develop 65% grading plans. 2. Develop title sheet and general notes sheet. 3. Develop 65% structural plans. 4. Develop 65% drainage plans. 5. Develop 65% typical sections and details. 6. Develop 65% utility relocation/abandonment plan. 7. Develop 65% Specifications including front end specifications, special provisions, and technical specifications. 8. Develop 65% construction cost estimate and bid schedule. 9. Develop 65% Erosion Control Plan & Details. 10. Develop 65% Landscape Plans. 11. Prepare responses to 35% comments. 12. Submit 65% plans, specifications and estimate to City. 13. Reimbursables. Deliverables: 65% Plans, Specifications, and Estimate Package in electronic (PDF) format. Task 8 – Pre-Final 95% Design Sub-tasks included in the 95% Design task include: Exhibit B Eunejune Kim, PE November 18, 2021 Page 12 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 1. Develop 95% grading plans. 2. Finalize title sheet and general notes sheet. 3. Develop 95% structural plans. 4. Develop 95% drainage plans. 5. Develop 95% typical sections and details. 6. Develop 95% utility relocation/abandonment plan. 7. Develop 95% Specifications including front end specifications, special provisions, and technical specifications. 8. Develop 95% construction cost estimate and bid schedule. 9. Develop 95% Erosion Control Plan & Details. 10. Prepare responses to 65% comments. 11. Structural independent in-house quality control review of the 65% PS&E package. 12. Develop 95% Landscape Plans. 13. Submit 95% plans, specifications and estimate to City. 14. Reimbursables. Deliverables: 95% Plans, Specifications, and Estimate Package in electronic (PDF) format. Task 9 –Final Bid Documents Sub-tasks included in the Final Bid Documents task include: 1. Finalize 100% plans. 2. Finalize 100% Specs. 3. Finalize 100% Estimate. 4. Prepare responses to 95% comments. 5. Submit Final plans, specifications and estimate to City. 6. Reimbursables. Assumptions and Exclusions The following assumptions and exclusions were used in the preparation of this proposal: 1. Construction Phase services are not a part of this proposal and will be provided under separate agreement. 2. Wilsey Ham will use the aerial topographic map prepared in 2017 for use as the basis of design. Supplemental topographic shots will be added to the base maps as needed. 3. We assume PS&E Submittals will be provided at 35%, 65%, 90% and 100% completion levels. Agency reviews are limited to one round of comments consolidated to one set of redline plan, specification and estimate redline comments per agency. Project Reports will be limited to one draft and one final version of each report. If additional comments are received after addressing the comments or additional review cycles are needed, additional fees will be required. 4. Water design will be prepared by Calwater. Exhibit B Eunejune Kim, PE November 18, 2021 Page 13 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 5. We assume that no coordination or design for DDW permitting is necessary for this phase and therefore this work is excluded from this proposal. 6. We assume that potholing or utility location will not be needed for design. If utility potholing is needed additional fees will be required. 7. Only the tasks specifically described above are included in this proposal. 8. Up to four noise measurement locations will be agreed upon by the City prior to data analysis and modeling for the Noise Study. 9. Due to the nature of the project site as recent fill, and that it was located over water prior to the 1960s, it is assumed no archaeological survey will be required. 10. Based on preliminary desktop survey, the project site does not appear to contain any built environment resources (buildings, structures, objects, districts) that are over 45 years of age. If built environment resources above this age threshold are found within the CEQA study area/APE, we will prepare a contract amendment to accommodate the required built environment field survey, property research, historic register evaluation, and additional technical reporting requirements. 11. We assume that the lead federal agency will be responsible for drafting Section 106 consultation letters and hosting/leading consulting party meetings, as deemed necessary. The cultural resources scope assumes WRA’s consultant will participate in up to two (2) additional two-hour meetings above and beyond what was previously authorized in support of agency consultation obligations. 12. This scope does not include the preparation of a Memorandum of Agreement or other agreement document related to Section 106, nor does it include the implementation of identified mitigation measures. 13. The City will be responsible for submitting notices to the County Clerk, and for providing a location for review of the public review draft IS/MND. 14. The City will be responsible for filing the NOD with the County Clerk and for paying CDFW fees. 15. The City will prepare the Statement of Overriding Considerations. 16. For public outreach, we assume the City will be responsible for preparing meeting agendas, publicly noticing each meeting and arranging for the meeting venue. If the City needs assistance with meeting facilitation and preparing meeting summaries, additional fees will be required. 17. For planning and budgeting purposes the dock mitigation assumes the existing docks and foundations are in suitable condition for reuse during the interim site grading phase of the project until construction of the final site retaining wall. Existing foundations will be modified and reused where feasible. Therefore, no structural design is included for the modification of existing or installation of new docks. 18. Based on findings and those presented in the Grading Study Technical Memorandum, we assume the primary fill will consist of Lightweight Cellular Concrete Fill (LCCF) with a layer of earthen fill at the ground surface. 19. Construction Documents for any needed electrical or lighting is not included. 20. Our scope of work includes only those tasks specifically described above. Any other requested work can be performed for an additional fee in accordance with our current 2022Charge Rate Fee Schedule. Exhibit B Eunejune Kim, PE November 18, 2021 Page 14 of 14 3130 La Selva Street, Suite 100 San Mateo, CA 94403 650/349-2151 Fax 650/345-4921 Fee Wilsey Ham's fee for the base Scope of Services described above is estimated to be approximately $710,790 on a time and materials basis in accordance with the attached Charge Rate Fee Schedule. We will not exceed this amount without your prior authorization. Authorization You may authorize Wilsey Ham to proceed in accordance with this proposal, our attached 2022 Charge Rate Fee Schedule and our Master Agreement with the City of South San Francisco by returning a City standard work authorization for our signatures. Work will commence upon receipt of an executed work authorization. We appreciate the opportunity to participate on and help the City complete this project. Very truly yours, WILSEY HAM A California Corporation Eric Cohen, P.E. Managing Engineer Jeff Peterson, P.E. Principal Attachments: A. Fee Estimate B. 2022 Charge Rate Fee Schedule C. WRA Scope and Fees D. Langan Scope and Fees E. Biggs Cardosa Scope and Fees F. NCE Scope and Fees Exhibit B VEHICLELANGANBCAWRANECREIM-TOTALMATERIALSSUB-SUB-SUB-SUB-BURSABLETOTALTOTAL LABORTaskTASK DESCRIPTION$275 HRS $242 HRS $193 HRS $165 HRS $278 HRS OTHER $ CONSULTANTS CONSULTANTS CONSULTANTS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS1.Project Management and Coordination1Project Coordination - Tasks 4-91,100 4 7,744 32 15,440 80 0 0 0 13,323 2,838 24,284 40,445 1162Quality Control Reviews - Design1,100 4 7,744 32 0 0 00 2,376 8,844 11,220 363Develop & Monitor Schedule, Monitor Budget275 1 1,936 8 1,544 8 0 00 1,188 3,755 4,943 174Sub-consultant Coordination & Meetings1,100 4 5,808 24 9,264 48 0 04,327 1,188 16,172 21,687 765Meetings & Coordination with City of SSF - Tasks 4-9275 1 2,904 12 2,316 12 0 02,680 2,376 5,495 10,551 256Mtng's & Coord w/ Agencies & Stakeholders - Tasks 4-0 1,936 8 0 0 00 2,376 1,936 4,312 874 Dsgn rev mtgs w/ City; 35%, 65%, 95% & Final0 1,936 8 1,544 8 0 03,573 2,376 3,480 9,429 168Reimbursables0 0 0 0 0330 0 400 0 730 03,8501430,00812430,10815600000024,233014,71840063,966103,3172943.Develop Alternatives and Recommendations01Compensatory Mitigation Coord w/City484 2 0 0 09,900 484 10,384 22Interagency Meeting (1 max)0 1,936 8 0 0 0 2,228 5,280 1,936 9,444 83Landscape Schematic Master Plan096840009,63696810,60444Reimbursables0 0 0 0 00 0 0003,3881400000002,228015,1809,63603,38830,432144.Preliminary Design (35% Plans)01Fnlze tech memo & design criteria based on Alt Eval.275 1 484 2 1,544 8 0 02,8602,303 5,163 112Develop 35% Grading Plans0 484 2 5,790 30 990 6 05,4477,264 12,711 383Prepare Title Sheet and General Notes Sheet 0 0 386 2 660 4 001,046 1,046 64Develop 35% Structural Plans0 242 1 0 0 013,948242 14,190 15Develop 35% Drainage Plans0 242 1 3,860 20 990 6 005,092 5,092 276Develop 35% Typical Sections0 242 1 2,316 12 1,320 8 003,878 3,878 217Prepare cross sections of fill0 242 1 1,544 8 1,320 8 003,106 3,106 178Devel 35% Utility Relocation, or Abandmnt Plan0 242 1 1,544 8 660 4 002,446 2,446 139Perform earthwork estimate0 242 1 1,544 8 0 001,786 1,786 910Develop 35% specification outline0 242 1 772 4 0 07571,014 1,771 511Develop 35% Constr Cost Estimate0 242 1 1,158 6 0 01,8281,400 3,228 712Prepare schedule of permitting activities0 242 1 579 3 0 00 2,116 821 2,937 413Prepare 35% Landscape Plans0 242 1 0 0 00 0 19,712 242 19,954 114Reimbursables0 0 0 0 0220 0 297 100 0 617 027513,3881421,0371095,94036000025,0602,11620,00910030,64077,9261605Environmental Permitting and Clearance01Development of Project Description0 484 2 772 4 0 010,595 1,256 11,851 62Cultural/Historic Resources Summary Memo0 242 1 772 4 0 020,284 1,014 21,298 53CEQA Technical Studies0 484 2 772 4 0 025,108 1,256 26,364 64Compensatory Mitigation Strategy0 242 1 772 4 0 01,014 1,014 55Administrative Draft MND0 484 2 772 4 0 031,680 1,256 32,936 66Screen Check and Public Review Draft MND0 484 2 0 0 011,594 484 12,078 27Final MND and MMRP and Certifications0 968 4 0 0 015,167 968 16,135 48Permitting (USACE, RWQCB, BCDC, SLC)550 2 3,872 16 9,264 48 2,640 16 0 17,930 39,523 7,304 16,326 81,083 829Clay Cap Evaluation 0 242 1 0 0 0 23,265242 23,507 110Analytical Testing and Prepare Cost Estimate0 242 1 0 0 0 17,908242 18,150 111Clay Cap Repair Plan 0 484 2 4,632 24 660 4 0 11,4405,776 17,216 3012Reimbursables0 0 0 0 0 0220 0 220 055028,2283417,756923,3002000070,5430153,9507,524029,834261,8511486Public Outreach01Meet with City to Develop Outreach Strategy825 3 726 3 0 0 01,591 1,551 3,142 62Prepare Presentations and Exhibits0 484 2 4,632 24 3,960 24 0 8,773 2,088 3,740 9,076 23,676 503Attend Public Outreach Meetings (4 max)0 2,904 12 0 0 02,305 2,904 5,209 124Post Meeting Project Updates (6 max)0 2,904 12 0 0 0 5,264 888 2,904 9,055 125One Public Workshop to Present Final Approved 0 968 4 0 0 0974 968 1,942 46Meet with Live-In Boaters (if needed)0 968 4 0 0 07Reimbursables0 0 0 0 0220 250 0 470 082538,954374,632243,9602400014,03607,8453,96025017,40343,49484SURVEY CREWIIDESIGNERSubtotalSubtotalSubtotalSubtotalSubtotalENGR./SRVR.ENG/SURVCity of South San FranciscoConsulting Services for the Design of Harbor Master Road SpitDesign Fee11/18/2021PRINCIPALSUPERVISINGENGINEERSENIOR2 PERSONATTACHMENT AExhibit B VEHICLELANGANBCAWRANECREIM-TOTALMATERIALSSUB-SUB-SUB-SUB-BURSABLETOTALTOTAL LABORTaskTASK DESCRIPTION$275 HRS $242 HRS $193 HRS $165 HRS $278 HRS OTHER $ CONSULTANTS CONSULTANTS CONSULTANTS CONSULTANTS EXPENSES LABOR $ ALL $ HOURSSURVEY CREWIIDESIGNERENGR./SRVR.ENG/SURVPRINCIPALSUPERVISINGENGINEERSENIOR2 PERSON765% Design01Develop 65% Grading Plans and Supplemental Survey0 968 4 7,720 40 2,640 16 4,448 16 288 5,54415,776 21,608 762Develop Title Sheet, Notes Sheet 0 0 772 4 660 4 01,432 1,432 83Develop 65% Structural Plans0 484 2 0 0 0 4,092 12,417484 16,993 24Develop 65% Drainage Plans0 242 1 3,088 16 660 4 03,990 3,990 215Develop 65% Typical Sections & Details0 484 2 3,088 16 1,320 8 04,892 4,892 266Develop 65% Utility Relocation Plan0 484 2 2,316 12 660 4 03,460 3,460 187Dev 65% Specs Incl Frnt End, Spec Provs, Tech 275 1 968 4 6,176 32 0 0 7,194 2,605 2,464 7,419 19,682 378Develop 65% Estimate & Bid Schedule0 242 1 1,544 8 0 02,605 1,870 1,786 6,261 99Develop 65% Erosn Contr Plan & Details0 0 0 0 00 0 010Develop 65% Landscape Plans0 242 1 0 0 013,200 242 13,442 111Prep Responses to 35% Comments0 242 1 772 4 0 01,014 1,014 512Submit to City0 242 1 579 3 495 3 01,316 1,316 712Reimbursables000001765000676027514,5981926,0551356,435394,4481628816,83017,802017,53450041,81194,7652108Pre-Final 95% Design1Develop 95% Grading Plans0 242 1 3,088 16 1,320 8 0 4,9614,650 9,611 252Finalize Title Sheet, Notes Sheet 0 0 386 2 330 2 0716 716 43Develop 95% Structural Plans 0 0 193 1 0 0 3,157 5,553193 8,903 14Develop 95% Drainage Plans 0 242 1 2,316 12 660 4 03,218 3,218 175Develop 95% Typical Sections & Details0 0 1,544 8 660 4 02,204 2,204 126Develop 95% Utility Relocation Plan0 242 1 772 4 660 4 01,674 1,674 97Dev 95% Specs Frnt End, Spec Provs, Tech Specs0 484 2 3,088 16 0 0 1,551 757 594 3,572 6,474 188Develop 95% Estimate & Bid Schedule0 242 1 1,158 6 0 0972 594 1,400 2,966 79Develop 95% Erosn Contr Plan & Details0 242 1 772 4 660 4 01,674 1,674 910Prep Responses to 65% Comments0 242 1 772 4 0 0594 1,014 1,608 511Structural Independent In-House QA/QC of 65% PS&E0 0 0 0 04,6200 4,620 012Develop 95% Landscape Plans0 242 1 0 0 015,840 242 16,082 113Submit to City for review0 242 1 579 3 495 3 0594 1,316 1,910 714Reimbursables0 0 0 0 088 220 500 808002,4201014,668764,785290009,66911,990018,43650021,87362,4681159Final Bid Documents01Finalize 100% Plans275 1 968 4 4,632 24 1,320 8 0 2,789 1,289 7,722 7,195 18,995 372Finalize 100% Specs275 1 484 2 1,544 8 0 0 1,557 561 1,782 2,303 6,203 113Finalize 100% Estimate 0 484 2 579 3 0 0612 2,970 1,063 4,645 54Prepare Responses to 95% Comments on Matrix0 242 1 579 3 0 01,782 821 2,603 45Submit to City0 242 1 579 3 495 3 01,782 1,316 3,098 76Reimbursables0 0 0 0 055 220 500 220 995 94055022,420107,913411,815110004,3452,517016,25850012,91836,5381,004Grand Total Tasks 1, 4 - 96,3252363,404262122,16963326,2351594,44816288117,65181,602179,091108,0752,250221,833710,7902,029Notes:1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client. 2. Total All$ includes subconsultants and reimbursable costs.3. Hourly rates effective through December 31, 2022 and subject to revision annually thereafter.4. All positions may not be shown. If a position is not shown the Charge Rate Fee Schedule will govern.SubtotalSubtotalSubtotalExhibit B Table xxxxx 2022 Charge Rate Fee Schedule I. Charge Rate Fee Schedule The compensation of Wilsey Ham for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. Personnel Services Hourly Range of Rates Sr. Principal $260 $331 Designer/Surv Tech II $165 $168 Supervising Eng/Surv/Principal 242 259 Designer/Surv Tech I 141 151 Managing Eng/Surv 230 241 CAD Op/Drafter II 137 140 Sr. Eng/Surv/Proj Mgr 200 216 Designer/Survey Tech 119 124 Associate Eng/Surv 206 206 Admin Assistant 91 103 Engineer II 193 205 Technical Assistant 77 81 Engineer I/Project Eng 182 184 2 Person Survey Crew 278 Assistant Eng/Staff Eng 165 168 Outside Survey Specialist 193 206 Senior Designer/Surv Tech 169 189 Construction Mgmt CM 1,2,3 168 206 *Effective through December 31, 2022 and subject to revision annually thereafter. B. Reimbursable Expenses 1. Travel & Transportation Expenses: a) Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a handling charge of 15%. b) Fifty-six cents ($0.56) per mile, or the current rate allowable set by the Internal Revenue Service for use of company passenger vehicles, and eighteen dollars ($18.00) per hour for use of vehicles carrying field survey equipment and supplies or used for field inspection and supervision. 2. Miscellaneous Expenses: a) The cost of materials, supplies, reproduction work, agency filing fees, and other services, including communication expenses, plus a handling charge of 15%. C. Outside Services a) Invoice cost of services and expenses charged to Wilsey Ham by outside consultants, professional, or technical firms engaged in connection with the order, plus a handling charge of 15%. 10%10%ATTACHMENT B10%Exhibit B CHANGE ORDER 01 Prepared for: Eric Cohen, PE Wilsey Ham 3130 La Selva Street, suite 100 San Mateo, CA 94403 ecohen@wilseyham.com June 18, 2021 August 5, 2021 WRA Project No. 30219 PURPOSE The purpose of this Change Order is to authorize additional budget for WRA to move forward with design support, CEQA, and regulatory permit applications for the Oyster Point Harbor Master Road Spit Site Development Project (project). The following scope of work assumes the project will prepare a Mitigated Negative Declaration (MND) for CEQA instead of an Environmental Impact Report (EIR). ADDITIONAL SCOPE OF WORK In addition to the original Scope of Work, WRA is seeking authorization for the following tasks: Task 4. Preliminary Design 4.2 PREPARE 35% GRADING PLANS. A 30-35% level design is appropriate for developing a project description that will be the foundation of the CEQA review (see Task 5). WRA will provide limited support to the project engineers in preparation of the Preliminary Design for the City and other stakeholders to review. WRA will review the preliminary design for details that we know the regulatory agencies will require, and will prepare a table showing the details required to prepare regulatory permit applications. DELIVERABLES • Table of Engineering Drawing Requirements for Permit Applications ASSUMPTIONS • WRA is not providing landscape architecture or other design services. Task 5. Environmental Permitting and Clearance The Project Description is the foundation of the CEQA document. Complete analysis of environmental topics cannot be executed until the Project Description is finished. In this case, WRA will be using 30 to 35% design documents to develop the Project Description. Additional ATTACHMENT C Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 2 detail not shown in the drawings, such as anticipated construction equipment with operating times, may be required to complete some elements of the narrative and quantitative impacts evaluation. WRA assumes that all key features of the preferred design alternative will be known before we start preparing the Project Description. Having a complete Project Description will help WRA avoid delays that often are associated with responding to “last minute” refinements to the preferred design alternative. 5.1 DEVELOPMENT OF PROJECT DESCRIPTION WRA will prepare the Project Description after a preferred design option has been selected. WRA will work with the design team to ensure that the preferred design option includes the “whole of the action” and thus is sufficiently comprehensive to be evaluated under CEQA. For example, it will be important to identify any follow-up monitoring of the modified landfill to identify any potential operational impacts. As required by CEQA Guidelines Section 15124, the Project Description will need to include the following elements: • Project location and project area boundaries • Project objectives • Key engineering/design features • Any supporting public infrastructure • A list of permits/approval needed to implement the project • Any other environmental review or consultation requirements In order to fully evaluate the proposed project’s impacts on the environmental topics included in the CEQA Appendix G checklist the following information will be needed: • Any removal or demolition of existing structures, and whether any landfill refuse needs to be removed • Activities to determine the boundaries of the landfill • Grading plan • Sheet pile wall type, and materials type • Stormwater drainage features • Quantity of fill needed, and number of truck trips needed to import fill • Any lighting, landscaping, or fencing if such features are included • Location(s) of staging areas • Amount of construction traffic for equipment and workers • List of construction equipment and the duration of their use • Construction schedule including whether there would be nighttime or weekend construction • Haul routes and any road or trail closures (i.e., closure of the Bay Trail) Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 3 WRA will prepare a draft Project Description and submit to Wilsey Ham (WH) for their review and comment. The purpose of this review is to verify that WRA has accurately characterized the key design features of the proposed project. WRA assumes WH will provide a single set of consolidated electronic comments, and that WRA will revise the Project Description once before WH submits it to City staff. The revised Project Description will be submitted to City staff and WRA assumes they will also provide a single set of electronic, consolidated comments. WRA will revise the Project Description once following City review. 5.2 CEQA TECHNICAL STUDIES Regardless of the level of CEQA documentation needed, technical studies will be needed to evaluate impacts to air quality, greenhouse gases, and noise, a summary of which is provided below. WRA will rely on information prepared by the project design team with regard to stormwater and water quality, including communication with the Regional Water Quality Control Board regarding the anticipated performance of the selected alternative in controlling potential release of hazardous materials into the Bay, and the management of post-construction stormwater. 5.2.1 Air Quality/Greenhouse Gases – Construction-related air quality impacts resulting from the proposed project would be addressed by predicting construction period emissions for reactive organic gases, nitrous oxides and particulate matter (ROG, NOx, and PM). Emissions obtained from the California Emissions Estimator Model Version 2016.3.2 (CalEEMod) would be used to develop construction period emission rates based on project-specific information. The construction worker, vendor, and soil import hauling trips would be updated with the latest California Air Resource Board (CARB) EMission FACtors – EMFAC2017. The proposed project is near sensitive receptors (e.g., residences), so a community risk assessment is proposed. This community risk assessment would involve dispersion modeling using emissions obtained from CalEEMod to develop construction period emission rates based on project-specific information. Dispersion modeling would be conducted using EPA’s AERMOD model and hourly meteorological data from the SFO airport monitoring station. The cancer risks associated with modeled construction-period diesel particulate matter concentrations would be computed following the Bay Area Air Quality Management District (BAAQMD) risk management policy guidance. The risks would be compared against BAAQMD CEQA thresholds (i.e., cancer risk of 10 in one million, non-cancer hazards and PM2.5 concentration). Measures that may be necessary to reduce construction exhaust emissions or cancer risks would be identified. Having detailed information on the construction schedule will be important for completing the community risk assessment. Clarifying the number of and locations of sensitive receptors will be important given the proximity of live in boaters to the proposed project. A report will be prepared to comply with CEQA and address the CEQA Guidelines Appendix G checklist significance thresholds for air quality and greenhouse gases. DELIVERABLES • Draft and Final Air Quality and Greenhouse Gas Reports 5.2.2 Noise/Vibration - Construction noise attributable to the proposed project may result in a temporary increase in ambient noise levels in the area, thus a Construction Noise and Vibration Study. The study will identify noise sensitive Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 4 receptors and vibration sensitive uses or buildings. Again, given the proximity of live in boaters to the proposed project clarifying the locations where noise measurements will be taken early in the CEQA process will be important for addressing public comments following completion of the appropriate CEQA document. Noise and vibration levels from major construction activities would be calculated. Construction noise levels would be assessed against the City’s thresholds and measures would be recommended, as necessary. Vibration levels would be compared against thresholds used by Caltrans/FHWA/FTA to address potential impacts to buildings. A report will be prepared to comply with CEQA and address the CEQA Guidelines Appendix G checklist significance thresholds for noise and vibration. DELIVERABLES • Draft and Final Noise and Vibration Reports ASSUMPTIONS • Sensitive receptors will be agreed upon by the City prior to data analysis and modeling • Up to four noise measurement locations will be agreed upon by the City prior to data analysis and modeling 5.2.3 Cultural Resources - Technical work and documentation to support obligations under the California Environmental Quality Act and potential Section 106 of the National Historic Preservation Act is necessary to address cultural and historic resources. As a sub-consultant to, ICF will prepare draft, revised, and final versions of a Cultural Resources Technical Report that will meet the reporting requirements of both CEQA and Section 106. The Cultural Resources Technical Report will be formatted to include content required for an IS/MND pursuant to CEQA, supplemented by content to meet Section 106 requirements for review by the State Historic Preservation Office. The document will define and map the CEQA study area and area of potential effects (APE) and will contain the appropriate level of technical documentation required to identify CEQA historical resources and Section 106 historic properties (inclusive of built environment resources, archaeological resources, and tribal cultural resources). The technical documentation will include the following: 1) methodology and results of a Northwest Information Center records search and desktop review of existing cultural resources studies, in order to document the presence or absence of previously evaluated built environment and archaeological resources within the study area/APE; 2) outreach to interested parties to gather information on potential historic properties within the study area; and 3) summary of the federal, state, and local regulatory frameworks applicable to cultural resources within the project site; 4) description of any previously unevaluated cultural resources within and Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 5 adjacent to the project site that would require evaluation for California Register of Historical Resources (CRHR) and National Register of Historic Places (NRHP) eligibility under a future phase of work; and 5) outreach to the Native American Heritage Commission and consultation with local tribal groups pursuant to Section 106 of the NHPA, as requested by the City of South San Francisco and federal agency, as necessary. Outreach and consultation will assess the project site’s potential to contain areas considered sensitive. If requested, ICF will author letters and document responses on behalf of the lead agency and project team in support of the project’s AB-52 obligations. Following the identification of CEQA historical resources and Section 106 historic properties, the Cultural Resources Technical Report will assess impacts to CEQA historical resources based on the significance thresholds for cultural resources and tribal cultural resources from the 2020 CEQA Guidelines Appendix G checklist. The document will also apply the Criteria of Adverse Effects, as defined in the Section 106 regulations (36 CFR Part 800), in order to make recommendations regarding the federal undertaking’s effects on NRHP-listed or -eligible historic properties, pursuant to Section 106. The Cultural Resources Technical Report will also assess cumulative impacts/effects to cultural resources, identify cultural resources mitigation measures pursuant to CEQA, and specify the need for a memorandum of agreement or other agreement document to resolve adverse effects under Section 106, as necessary. Following internal review, the draft report will be provided to WRA in electronic PDF format for review and comment. ICF will incorporate any comments and/or edits into a revised version of the technical report, which will be provided to the client in electronic PDF format. The revised version will be provided to the federal lead agency for review and comment. ICF will incorporate any comments and/or edits into a final version of the technical report. DELIVERABLES • Draft, revised, and final versions of the cultural resources technical report, provided in electronic PDF format ASSUMPTIONS • Due to the nature of the project site as recent fill, and that it was located over water prior to the 1960s, it is assumed no archaeological survey will be required. • Based on preliminary desktop survey, the project site does not appear to contain any built environment resources (buildings, structures, objects, districts) that are over 45 years of age. If built environment resources above this age threshold are found within the CEQA study area/APE, ICF will prepare a contract amendment to accommodate the required built environment field survey, property research, historic register evaluation, and additional technical reporting requirements. • ICF will revise the cultural resources inventory technical report in response to up to two (2) rounds of consolidated comments. Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 6 • ICF assumes that the lead federal agency will be responsible for drafting Section 106 consultation letters and hosting/leading consulting party meetings, as deemed necessary. This scope assumes ICF will participate in up to two (2) additional two- hour meetings above and beyond what was previously authorized in support of agency consultation obligations. • This scope does not include the preparation of a Memorandum of Agreement or other agreement document related to Section 106, nor does it include the implementation of identified mitigation measures. 5.2.4 Biological Resources – Building upon the biological resources constraints memorandum prepared by WRA under Task 2, WRA will prepare a Biological Resources Technical Report (BRTR) to support preparation of the CEQA document. The BRTR will address both state and federal species and will share information on the known or potential use of the site by any sensitive species identified in the earlier memo, as well as the potential use of the site by species ranked depending upon the suitability of the habitat or proximity of any known records documented in an updated database search. Utilizing the Project Description developed by WRA, the BRTR will analyze potential project impacts and will propose measures to mitigate impacts to a less than significant level. 5.3 ADMINISTRATIVE DRAFT IS/MND WRA is assuming that the City will decide to complete an IS/MND rather than an EIR. Should it be determined that an EIR is needed instead of an MND, the CEQA process would be similar to that described below, but about six months longer mostly due to longer public noticing requirements, and the need to evaluate alternatives to the proposed project. If it is determined that an EIR is required, WRA will prepare a separate scope and fee for the City’s review and approval. WRA will prepare the IS/MND and address the 20 topics depicted in the 2020 CEQA Guidelines, Appendix G checklist. WRA will rely, to the extent appropriate, on previous analysis from the 2011 and 2017 environmental documents for descriptions of existing conditions and regulatory requirements. The environmental topics that are likely to receive the most public scrutiny and need the most analysis have already been described above under technical studies for air quality, greenhouse gases, and noise. In addition to those environmental topics, WRA believes aesthetics and recreation (due to temporary closure of the SF Bay Trail) could also receive a great deal of public scrutiny; thus a detailed level of analysis will be needed for this topic. WRA will work with members of the WH design team to produce renderings that accurately depict the height and mass of the preferred design option (Project Description) for the landfill. WRA will evaluate the proposed project’s potential to affect any views of scenic vistas, produce light and glare, or alter the visual character of the project vicinity. Over the long-term, the height and massing of the elevated landfill could alter the visual character of the project area and affect important public viewpoints such as locations along the SF Bay Trail. WRA will evaluate how views will change from up to five key observation points. The public may request a formal analysis of the project’s visual impact by a technical subconsultant; however, this level of analysis is not included in this scope of work. There are other topics though for which WRA believes there will either be no impacts, or impacts that are less than significant. These include: agricultural and forestry resources, land use, mineral Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 7 resources, population and housing, public services, and wildfire risk. For the remaining topics there will likely be potentially significant impacts that require mitigation or adherence to existing laws and regulations. These topics include: biological resources, cultural resources, energy resources, geology and soils, hazardous materials, hydrology and water quality, traffic, utilities, and tribal cultural resources. After completing the 20 topical sections WRA will assemble the administrative draft IS/MND which will include the following sections: • Introduction • Project Description • Environmental Settings, Regulatory Background and analyses for 20 topics in CEQA Guidelines Appendix G checklist • Mandatory Findings of Significance • List of Preparers • References • Appendices WRA will then submit an electronic copy of the administrative draft IS/MND for WH and the City review. DELIVERABLES • Electronic version administrative draft IS/MND ASSUMPTIONS • WH and the City will review the administrative draft IS/MND in four weeks and will provide WRA a consolidated set of electronic comments with any internal issues resolved. 5.4 SCREEN CHECK AND PUBLIC REVIEW DRAFT IS/MND Following WH and City review, WRA will revise the IS/MND and prepare a screen check draft version. Should any significant comments be received from the City, a meeting will be held to determine how to best address those comments. WRA will revise the IS/MND and then submit a public review draft IS/MND, and WRA anticipates making minor revisions to prepare this version. After the public review draft is complete, WRA will provide the City with an electronic, pdf version for website posting. WRA will prepare the Notices of Completion and the Notice of Availability for the draft IS/MND and submit them to the State Clearing House. All submittals to the SCH will be electronic. DELIVERABLES • Electronic version of the screen check draft IS/MND, • Public review draft IS/MND • Notices of Completion and Availability ASSUMPTIONS Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 8 • WH and the City will review the screen check draft IS/MND within four weeks, and provide an electronic consolidated set of minor comments. • WH and the City will review the public review draft IS/MND within two week s, and provide an electronic, consolidated set of minor comments. • The City will be responsible for submitting notices to the County Clerk, and for providing a location for review of the public review draft IS/MND. • Two public meetings will be held following the 30-day public review period and completion of a Final IS/MND. 5.5 FINAL IS/MND AND MMRP AND CERTIFICATIONS Following the close of the 30-day public review period, WRA will respond to any comments received on the draft IS/MND, and submit a draft for WH and City review and comment. WRA will revise the responses to comments once, and submit to WH and the City with along with any Errata and a Mitigation Monitoring Reporting Plan (MMRP). Collectively, these elements, including the text and exhibits prepared for the draft IS/MND, comprise the final IS/MND. DELIVERABLES • Memorandum with responses to comments • Errata section • MMRP ASSUMPTIONS • Up to 40 hours of WRA staff time will be required to respond to comments. If additional WRA staff time is needed to respond to comments, a change order will be requested. • The MMRP will be revised once, and only minor changes will be needed. 5.6 PUBLIC HEARING WRA staff will prepare and present a summary of the findings of the IS/MND to the Planning Commission and City Council and be available to answer questions. W ithin 5 days of the final IS/MND adoption hearing WRA will prepare the Notice of Determination (NOD). DELIVERABLES • Summary Presentation for public hearings • Notice of Determination ASSUMPTIONS • The City will be responsible for filing the NOD with the County Clerk and for paying CDFW fees. • The City will prepare the Statement of Overriding Considerations. 5.7 ENVIRONMENTAL PERMITTING A key outcome of the interagency meetings (Task 3 of WRA’s original Scope of Work) will be confirmation of which regulatory agencies have jurisdiction over the project and which permits Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 9 and authorizations will be required to implement the preferred alternative. To demonstrate that we are thinking strategically about the future project and potential regulatory hurdles, the full range of potential permitting scenarios is addressed herein. This scope would be refined and updated based on the outcome of Tasks 1 through 4. WRA’s scope and cost include some coordination with the project team to provide input on the advancing project design (Task 7) and to ensure it includes details the agencies will want to see, such as access routes, staging areas, pile-driving specifications, and dewatering plans. To manage this process of gathering data from the project team and to streamline the overall permitting effort, WRA will create an environmental permitting data request tracking sheet that identifies key pieces of information or documentation that will be required to complete the different applications and which project team members are responsible for providing the information and by what deadline. PRELIMINARY DELIVERABLE • Environmental permit application data request tracking sheet OVERALL PERMITTING ASSUMPTIONS • WRA would act as the agent between the City and the agencies until the permits are issued. • The City would be responsible for paying applications fees. • A detailed alternatives analysis will be required to comply with the Corps’ and Regional Water Quality Control Board’s permit application requirements. • Given the potential for regulations and project design elements to change prior to implementation of Phase 2 of the project, WRA’s permitting and compensatory mitigation strategy efforts would be limited to Phase I of the project. • The regulatory agencies will respond to the proposed compensatory mitigation strategy and will not consider the applications complete until a final compensatory mitigation approach is agreed upon by all agencies and, if necessary, developed into a formal mitigation and monitoring plan. • Preparation of a Mitigation and Monitoring Plan may or may not be necessary and, thus, is not included in this scope but can be provided under additional scope and budget. • The California Department of Fish and Wildlife does not have jurisdiction over the project under Section 1602 of the California Fish and Game Code; therefore, preparation of a Lake or Streambed Alteration Agreement is not included in WRA’s scope. • WRA’s scope does not include preparation of a sea level rise risk assessment, which may be required by the Bay Conservation Development Commission (BCDC). • WRA’s scope does not include permitting related to the following entities; we assume others on the project team will be responsible for applicable approvals: o California Department of Toxic Substances Control o San Mateo County Environmental Health Services o San Mateo County Harbor District o Other San Mateo County departments Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 10 5.7.1 Clean Water Act (CWA) Section 404 And Rivers And Harbors Act Section 10 Permit – U.S. Army Corps Of Engineers (Corps) - The Corps regulates the placement of fill within waters of the United States. Based on the project information WRA has reviewed to date, we assume that a Clean Water Act Section 404 permit and Rivers and Harbors Act Section 10 permit may be required. The appropriate permit mechanism (e.g., Individual Permit, Nationwide Permit, or Letter of Permission) would be determined based on the extent of bay fill resulting from the proposed project design. WRA would not prepare a formal delineation of waters of the United States; rather, we would assist the project engineers with depicting the tidal limits of Corps’ jurisdiction on the project plans. The permit application would need to include an alternatives analysis demonstrating that avoidance and minimization of impacts to waters of the United States have been incorporated into the project design and that the proposed project is the Least Environmentally Damaging Practical Alternative. This type of alternatives analysis required for permitting differs from the analysis of alternatives that is done during the conceptual and preliminary design phase. WRA will prepare the analysis with input from the design team. The Corps will require the application to demonstrate that the proposed project complies with Section 7 of the federal Endangered Species Act and will likely consult (formally or informally) with the National Marine Fisheries Service (NMFS). To support this consultation regarding potential impacts to fisheries and Essential Fish Habitat, WRA will prepare a federal format Biological Assessment and Essential Fish Habitat Assessment (building upon the previously prepared Biological Resources Constraints Memo and BRTR) that assesses potential effects on aquatic species and habitats and determines if the proposed action would have an adverse effect on federally protected fish species (e.g., salmonids, green sturgeon). Based on the biological resources constrains analysis prepared under Task 2 of WRA’s original Scope of Work, the project area has potential to provide habitat for the following federal listed special-status species: • Central California coast steelhead (Oncorhynchus mykiss irideus; Federal Threatened, Critical Habitat); • Central California coast Coho (Oncorhynchus kisutch; Federal Endangered, State Endangered, Critical Habitat, Essential Fish Habitat); • Green sturgeon (Acipenser medirostris; Federal Threatened, Critical Habitat); • Longfin smelt (Spirinchus thaleicthys; Federal Candidate, State Threatened Based on the potential for these special-status species to occur within the project area, the Corps may also choose to consult (formally or informally) with the U.S. Fish and Wildlife Service. If this is the case, WRA will prepare a federal format Biological Assessment (based on the data gathered during Task 2) that assesses potential effects on longfin smelt and determines if the proposed action would have an adverse effect on this species. The Biological Assessment would acknowledge Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 11 other bay shoreline species under U.S. Fish and Wildlife jurisdiction (e.g., salt marsh harvest mouse and Ridgway’s rail); however, we do not expect take authorization to be necessary for these species. The Corps also will require the application to demonstrate that the proposed project complies with Section 106 of the National Historic Preservation Act (NHPA). The cultural resources technical report prepared by ICF (described in Task 5, above) will be appended to the application. The Corps may utilize the report to initiate consultations with the State Historic Preservation Officer and Native American Tribal Governments. The full Corps permit application will be prepared but will not be submitted to the Corps until after a draft permit application has been submitted to the Water Board (see 5.7.2 below). DELIVERABLES • Alternatives Analysis • Biological Assessment and Essential Fish Habitat Assessment (for consultation with NMFS) • Biological Assessment addressing longfin smelt or other species regulated by U.S. Fish and Wildlife Service • Application for Army Corps permit 5.7.2 Clean Water Act Section 401 Water Quality Certification – San Francisco Bay Regional Water Quality Control Board (Water Board) - WRA will prepare an application for Section 401 Water Quality Certification of the project. According to requirements that took effect in 2020, a pre-filing meeting with the Water Board must be requested prior to submitting the application and prior to submitting a permit application to the Corps. WRA will prepare a draft application to coincide with the pre-filing meeting. The draft application will need to be supplemented with any hydrological technical studies and stormwater management plans prepared by other project team members. The draft application also will include the alternatives analysis used in the Corps application to identify the Least Environmentally Damaging Practicable Alternative. Once the Water Board has determined that the draft application is complete, a final application will be prepared and submitted to the Water Board concurrently with submittal of the Section 404 permit application to the Corps. Information required for the application includes: • Basic notification requirements as to site location; project description; and type and amount of fill in potentially jurisdictional areas; • Appropriate plan and cross sectional view figures that show proposed impacts to jurisdictional areas; • Proposed compensatory mitigation strategy for any loss of jurisdictional areas Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 12 • Alternatives analysis documenting rationale for why impacts to wetlands and waters cannot be avoided • Anticipated schedule for project construction • Information regarding post-construction stormwater management based on the project’s stormwater management plan • Proof of CEQA document certification DELIVERABLES • Application for 401 Water Quality Certification 5.7.3 Permit Amendment – San Francisco Bay Conservation and Development Commission (BCDC) - The San Francisco Bay Conservation and Development Commission (BCDC) issues permits to account for development within tidal wetlands, waters, and adjacent shoreline habitats on San Francisco Bay. Permitted activities include most work in the Bay or within 100 feet of the shoreline. A Major Permit is issued for work that is more extensive than a minor repair or improvement. Based on our review of the project and BCDC requirements, it is anticipated that a Major Permit, or an amendment to the existing Major Permit for the previous Oyster Point development project, will be required for the portions of the project that occur within BCDC jurisdiction. Under Task 2 of WRA’s original Scope of Work, WRA determined BCDC jurisdictional areas within the project area based on BCDC jurisdictional boundary. Under this task, WRA will prepare and submit to BCDC the Major Permit application and/or request for a permit amendment, including attachments such as CEQA documentation and proposed strategy for compensatory mitigation. The permit application package will contain a written description of the project that covers the project features, operation and maintenance activities. The project description should also contain information about the location of the activities, how maintenance activities will be conducted, and the schedule of activities. WRA will also attend the BCDC public hearing, if required. DELIVERABLES • Application for Major Permit (or Amendment) 5.7.4 Other Potential Permit Requirements – Optional Tasks A. Section 2081 Incidental Take Permit – California Department of Fish and Wildlife Depending on the extent and schedule of in-water work, there may be potential for take of longfin smelt, a small fish species that is prevalent in the shallow waters of the South Bay. If during the interagency meetings or CEQA comment period it is determined that the potential for take of this species is likely, WRA can prepare an application for a Section 2081 Incidental Take Permit from the California Department of Fish and Wildlife. B. Marine Mammal Protection Act Letter of Authorization – National Marine Fisheries Service Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 13 Depending on the location and intensity of pile-driving associated with the project, marine mammals such as California sea lions and harbor seals may be affected. An Incidental Harassment Authorization (IHA) may be needed to comply with the Marine Mammal Protection Act (MMPA). If pile driving is to be done with an impact hammer, a hydroacoustic assessment may be needed to support the IHA. WRA can prepare and submit a letter requesting IHA pursuant to the MMPA for potential behavioral impacts to marine mammals during any pile installation or demolition, in-water work, and overwater related construction. Nearshore construction activities associated with the project may also fall into this category and would be covered by the IHA. Preparation of the request for IHA would avoid project delays associated with requirements that would be placed on the project in absence of such an authorization. WRA can prepare the necessary paperwork to obtain the IHA and coordinate with NMFS and address questions posed by the agency. Additional scope may need to be developed concerning acoustic studies, if requested by NMFS. C. State Lands Lease or Letter of Non-objection – California State Lands Commission While we understand that the City owns the property beneath and surrounding the spit, WRA has experienced instances where public landowners were not made aware of State Lands Commission ownership until the Commission commented on a project’s CEQA document, resulting in major project delays while a lease agreement was negotiated. WRA will work with the City to consult with the Commission before the Draft IS/MND is circulated for public comment, to ensure they will not request a lease agreement or letter of non-objection. Should the Commission require such project approvals, WRA can prepare the appropriate documentation with substantial input from the City and the project team. The appropriate scope of work would be developed before work on this process is initiated. Task 6. Public Outreach WRA will support the public outreach process by: • Attending public meetings as requested by the City. • Preparing presentations and exhibits. • Present project status updates from time to time. • Presentation will identify the project boundaries, purpose and reason for the project, description of the proposed construction, and impacts and benefits to the community. WRA assumes our staff will prepare for and attend up to five public meetings, two of which will be public hearings at the City’s Planning Commission and City Council meetings to consider adoption of the MND. The remaining three meetings will be project status updates, and WRA will prepare presentation materials and exhibits to help interested parties understand the key features and purpose of the proposed Project, to help explain environmental constraints, and to explain the CEQA process and timing of public input and decision making. WRA will format materials so they may be posted as accessible documents (Section 508 of the Rehabilitation Act) on the City’s website. Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 14 ASSUMPTIONS • WRA assumes the City will be responsible for preparing meeting agendas, publicly noticing each meeting and arranging for the meeting venue. As an optional item, WRA staff can assist the City with meeting facilitation and preparing meeting summaries. Task 7. 65% Design N/A ASSUMPTIONS • WRA’s input on design will be part of our permitting scope under Task 5. Task 8. Pre-Final 95% Design N/A Task 9. Final Bid Documents N/A Task 10. Bid and Construction Support Services WRA will contribute to the bid and construction support process by developing cost projections for implementing environmental compliance and mitigation measures that are identified in the MMRP and environmental permit conditions. SCHEDULE Work can begin upon execution of this Change Order. STAFFING Justin Semion will continue to be the principal in charge of the project. Leslie Allen will continue as project director. Liz Allen will be the project manager. Other staff will be assigned to the project as necessary. Not Included Exhibit B Change Order 01 Oyster Point Harbor Master Road Spit Site Development Project – 30219 – August 2021 15 ESTIMATED COST The estimated cost for the services described in this Change Order is provided below. This cost is based on the assumptions above and in the original Scope of Work. Costs may be reallocated between tasks, but the total cost will not be exceeded without authorization. Task Cost 4. Preliminary Design 1. Prepare 35% Grading Plans (WRA to support) $ 1,925 5. Environmental Permitting and Clearance 1. Development of Project Description 2. CEQA Technical Studies a. Air Quality/ Greenhouse Gases b. Noise/ Vibration c. Cultural Resources d. Biological Resources 3. Administrative Draft IS/MND 4. Screen Check and Public review Draft IS/MND 5. Final IS/MND, MMRP, and Certifications 6. Public Hearing 7. Environmental Permitting a. U.S. Army Corps of Engineers - Section 404/ Section 10 b. Regional Water Quality Control Board -Section 401 c. BCDC – Major Permit 8. Other Potential Permit Requirements (Optional Tasks, not included in this cost table) a. CDFW – Section 2081 Incidental Take Permit b. NMFS – Marine Mammal Protection Act Letter of Authorization c. California State Lands Commission – State Lands Lease of Letter of Non-Objection $ 139,955 6. Public Outreach $ 7,130 7. 65% Design $ 0 8. Pre-Final 95% Design $ 0 9. Final Bid Documents $ 0 10. Bid and Construction Support Services $ 1,290 Total: $150,300 TERMS AND CONDITIONS This Change Order is subject to WRA’s Standard Terms and Conditions as incorporated in the original Scope of Work, dated February 8, 2021. $148,010 *Add $13,800 for Task 3 items not yet completed (Compensatory Mitigation Coordination and Interagency Meeting) for a total of $162,810. Exhibit B REIM-TOTALTOTALSUB-BURSABLESubTOTAL LABORTaskTASK DESCRIPTION$240 HRS $204 HRS $148 HRS $191 HRS $148 HRS $255 HRS $240 HRS $159 HRS $119 HRS $82 HRS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS3.Develop Alternatives and Recommendations1Compensatory Mitigation Coord w/City480 2 816 4 1,480 10 191 1 2,368 16 510 2 2,400 10 159 1 476 4 120 1 9,000 9,000 512Interagency Meeting (1 max)480 2 1,632 8 1,184 8 0 1,184 8 0 0 0 238 2 82 1 4,800 4,800 2996042,448122,6641819113,5522451022,400101591714620220013,80013,80080 4.Preliminary Design (35% Plans)1Fnlze tech memo & design criteria based on Alt Eval.0 0 0 0 0 0 0 0 0 00 0 02Develop 35% Grading Plans0 0 0 0 0 0 0 0 0 00 0 03Prepare Title Sheet and General Notes Sheet 0 0 0 0 0 0 0 0 0 00 0 04Develop 35% Structural Plans0 0 0 0 0 0 0 0 0 00 0 05Develop 35% Drainage Plans0 0 0 0 0 0 0 0 0 00 0 06Develop 35% corrosion monitoring and cathodic protection plans and specification0 0 0 0 0 0 0 0 0 00 0 07Develop 35% Typical Sections0 0 0 0 0 0 0 0 0 00 0 08Prepare cross sections of fill0 0 0 0 0 0 0 0 0 00 0 09Devel 35% Utility Relocation, or Abandmnt Plan0 0 0 0 0 0 0 0 0 00 0 010Perform earthwork estimate0 0 0 0 0 0 0 0 0 00 0 011Develop 35% specification outline0 0 0 0 0 0 0 0 0 00 0 012Develop 35% Constr Cost Estimate0 0 0 0 0 0 0 0 0 00 0 013Prepare schedule of permitting activities0 408 2 0 0 0 0 480 2 954 6 0 82 1 1,924 1,924 1114Reimbursibles0000000000000004082000000004802954600821001,9241,92411 2,1165Environmental Permitting and Clearance1Development of Project Description960 4 8,160 40 0 0 0 0 0 318 2 0 82 1 112 9,520 9,632 472Cultural/Historic Resources Summary Memo1,440 6 1,224 6 0 0 0 0 240 1 318 2 0 82 1 15,136 3,304 18,440 163CEQA Technical Studies480 2 2,448 12 0 0 592 4 0 240 1 4,611 29 952 8 82 1 13,420 9,405 22,825 574Compensatory Mitigation Strategy0 0 0 0 0 0 0 0 0 00 0 05Administrative Draft EIR960 4 8,160 40 14,800 100 3,056 16 1,184 8 0 240 1 318 2 0 82 1 28,800 28,800 1726Screen Check and Public Review Draft EIR960 4 4,080 20 4,736 32 764 4 0 0 0 0 0 0 10,540 10,540 607Final EIR and MMRP and Certifications960 4 5,712 28 4,440 30 764 4 0 0 240 1 1,590 10 0 82 1 13,788 13,788 788Permitting (USACE, RWQCB, BCDC, SLC?)0 816 4 0 0 3,256 22 1,020 4 6,720 28 22,578 142 1,428 12 0 112 35,818 35,930 2129Hazardous Materials Building Survey and Abatement Plan 0 0 0 0 0 0 0 0 0 010Clay Cap Evaluation 0 0 0 0 0 0 0 0 0 011Analytical Testing and Prepare Cost Estimate0 0 0 0 0 0 0 0 0 012Clay Cap Repair Plan0 0 0 0 0 0 0 0 0 013Reimbursibles00000000000005,7602430,60015023,9761624,584245,032341,02047,6803229,7331872,38020410528,556224111,175139,955642 153,9506Public Outreach1Meet with City to Develop Outreach Strategy240 1 408 2 0 0 0 0 480 2 318 2 0 01,446 1,446 72Prepare Presentations and Exhibits0 408 2 0 0 296 2 0 240 1 954 6 0 01,898 1,898 113Attend Public Outreach Meetings (4 max)240 1 1,632 8 0 0 0 0 0 0 0 0 224 1,872 2,096 94Post Meeting Project Updates (6 max)0 408 2 0 0 0 0 240 1 159 1 0 0807 807 45One Public Worshop to Present Final Approved Project0 408 2 0 0 0 0 0 477 3 0 0885 885 56Meet with Live-In Boaters (if needed)0 0 0 0 0 0 0 0 0 00 0 07Reimbursibles000000000000048023,26416000029620096041,90812000002246,9087,13236 7,8457,2003036,72018026,6401804,775258,880601,530611,5204832,7542063,09426694828,556447133,807162,810758179,091SubtotalSubtotalGRAND TOTALSubtotalSubtotal10123456789ClericalCity of South San FranciscoConsulting Services for the Design of Harbor Master Road SpitDesign Fee6/22/2021FILL IN CORRECT POSITION TITLE AND CORRECT HOURLY RATESSubconsultant Name:Senior Environmental PlannerAssociate Environmental PlannerAssistant Environmental Planner IIAssociateGIS TechnicianPrincipal EcologistSenior Associate BiologistScientistTechnicianExhibit B 11/9/2021 STD RATE SCHEDULE Effective: January 1, 2021 Director/Principal ........................... $255-285 Senior Associate ............................ $227-240 Associate ............................................... $191 Senior Scientist ..................................... $173 Scientist ................................................. $159 Senior Technician ................................. $148 Technician ............................................. $119 __________ Engineering Restoration Engineering Director ............. $285 Senior Engineer ...................................... $240 Sr Associate Engineer ............................. $227 Associate Engineer ................................. $204 Assistant Engineer .................................. $131 Landscape Design Senior Restoration Designer ................... $240 Sr Associate Landscape Architect ........... $227 Associate Landscape Architect................ $191 Landscape Architect ................................ $173 Senior Landscape Designer .................... $159 Landscape Designer II ............................ $150 Landscape Designer I ............................. $127 Environmental Planning Senior Environmental Planner ................. $240 Sr Associate Environmental Planner ....... $227 Associate Environmental Planner ............ $204 Environmental Planner II ......................... $173 Environmental Planner I .......................... $159 Assistant Environmental Planner II .......... $148 Assistant Environmental Planner ............. $131 Conservation Strategies Conservation Strategies Sr Project Mgr ... $240 Conservation Finance Manager II ............ $227 Conservation Strategies Sr Associate ..... $227 Conservation Strategies Associate .......... $194 Conservation Strategies Sr Scientist ....... $175 Conservation Strategies Scientist ............ $164 Conservation Strategies Sr Technician .... $150 Conservation Strategies Technician ........ $141 GIS Mapping & Analysis GIS Manager ....................................... $227 GIS Professional II .............................. $181 GIS Professional ................................. $159 GIS Sr Technician ............................... $148 GIS Technician .................................... $131 Landscape Restoration Senior Restoration Contractor ............. $129 Restoration Foreman ........................... $100 Restoration Crew Supervisor ................. $88 Restoration Technician .......................... $77 Compliance Monitoring (Overtime = Rate x 1.5) Project Biologist .................................. $116 Junior Project Biologist .......................... $88 Senior Field Technician .................... $155 Field Technician ................................ $122 Junior Field Technician .................... $100 Clerical Support................................... $82 Expert Witness .......................... Rate x 1.5 Rates shown are per hour and subject to an annual adjustment each January 1st. Necessary project expenses and subconsultants are billed at cost plus ten percent. Exhibit B Oyster Point Development Harbor Master Spit City of South San Francisco Langan Project No: 730480189 Project Understanding The Oyster Point peninsula was operated as a Class III municipal landfill (Oyster Point Landfill) from about 1956 until it stopped accepting waste in 1970. Landfill closure activities were performed around the site in the 1970’s and 1980’s in accordance with State of California Regional Water Quality Control Board (RWQCB) regulatory guidelines that governed at that time; this was prior to the adoption of California Code of Regulations (CCR) Title 27, the regulatory document currently governing Class III landfill closures. Improvements were installed over the refuse, including a harbor, marina facilities, park area, roads, utilities, walkways and other features. Redevelopment of the Oyster Point peninsula is currently in progress, including the construction of a park and new streets and utilities (Phase 1C), office and research and development (R&D) buildings (Phase 1D); additional open space areas and potentially a hotel are planned in future phases (Phases IIC and IID). Phase IC improvements, which are currently in construction, are located on the western half of the Oyster Point peninsula. Phase IIC is the City-owned property on the eastern half of Oyster Point peninsula and currently consists of the Harbor Master Spit, an office building, a ferry terminal, docks, a boat launch ramp, a bait shop, a yacht club, three bathrooms, a picnic area, pedestrian trails, and parking lots. The Harbor Master Spit is approximately one acre in size with a paved roadway (Harbor Master Road) that leads to the San Mateo County Harbor District Office Building. The Harbor Master Spit, which has settled several feet over the past 40 years, is the low point of the Phase IIC site and is susceptible to inundation during high tides. State regulators have determined that such inundation is inconsistent with state regulations. In 2018, Wilsey Ham investigated the improvements necessary for Phase IIC to be resilient to the sea level rise adjusted year 2050, 100-year base flood elevations as determined by the Federal Emergency Management Agency (FEMA). Since the 2018 study, the City has focused its attention on the Harbor Master Spit portion of Phase IIC. To achieve conformance with Title 27 CCR, the closed landfill cannot be inundated with standing water. In May 2020, Wilsey Ham provided a preliminary grading study to the City for the Harbor Master Spit; the intent of their grading plan was to raise grades high enough to keep the ground surface elevation above the year 2100, 100-year base flood elevation. Wilsey Ham studied two options, one with raising grades using standard fill and one with raising grades using lightweight cellular concrete. We understand that the City would like to prepare a detailed design to raise grades to meet with year 2100, 100-year base flood elevation to achieve conformance with Title 27 CCR and to allow for construction of a future building. We understand that the City would also like to install shoring around the shoreline to enclose the limits of the refuse. The shoring will serve to encapsulate the refuse as well as retain the new fill placed to raise grades. Additionally, we understand that if the existing low hydraulic conductivity layer (clay cap) does not meet Title 27 CCR standards, the intent will be to improve the landfill cover without penetrating the clay cap layer. Work Plan/Approach (Langan) Langan Engineering and Environmental Services, Inc. (Langan) has been involved with the environmental and geotechnical aspects of the planning and development of Oyster Point over the past 12 years. We have performed numerous studies to evaluate the existing landfill, clay ATTACHMENT DExhibit B Oyster Point Development Harbor Master Spit City of South San Francisco Langan Project No: 730480189 cap, and underlying subsurface conditions. Currently, we are overseeing regrading of the landfill and construction of new streets and utilities as part of the Phase IC improvements, on behalf of the City. In addition, we are providing geotechnical and environmental services for a private developer for the vertical construction of Oyster Point Phase I (currently under construction), Phase II (currently in design), and Phases III, IV, and V (currently in preliminary design). We anticipate that the key issues related to developing a former landfill at the edge of the Bay will be designing for the large settlements anticipated from placing 11½ to 17½ feet of soil or lightweight fill, designing a shoring wall to retain 11½ to 17½ feet of soil or lightweight fill, and obtaining regulatory approval from multiple agencies related to reclaiming an area of the Bay and closing the landfill. Langan will use our experience and expertise regarding shoreline and landfill redevelopment to support the development of the Harbor Master Spit. Specifically, our services will include: · performing a geotechnical investigation to evaluate the limits of refuse and subsurface conditions to develop recommendations regarding raising grades, settlement, and design of the shoring · performing sampling and laboratory analyses to identify and characterize potentially contaminated soils requiring off-site transportation and disposal · performing a landfill cover investigation to evaluate the conformance of the existing clay cap with Title 27 CCR · assisting Wilsey Ham with design, environmental permitting, public outreach, and bid documents · performing oversight related to the environmental and geotechnical aspects of construction of shoring and raising grades. This scope of services is discussed in detail in the next section. Scope of Services Task 5. Environmental Permitting and Clearance Regulatory oversight of the Oyster Point Landfill falls under the RWQCB as well as SMCEHD Local Enforcement Agency (LEA). Langan will take the lead in obtaining approval from RWQCB and SMCEHD, given our recent experience with coordinating with both entities at Oyster Point and at other sites. If the landfill cover evaluation indicates the clay cap does not meet Title 27 CCR standards, Langan will prepare a clay cap repair plan with specifications and details for improving the clay cap. We anticipate that gaining approval from RWQCB and SMCEHD will require meetings, the potential development of a clay cap repair plan, and supplemental letters to address questions. The approval from RWQCB and SMCEHD will likely take several months and require several rounds of questions and responses. In addition, we will provide Wilsey Ham and the team with additional support to obtain additional permits/clearance for development of the Harbor Master Spit. Hazardous Materials Building Survey and Abatement Plan– Added Task (not in RFP) Exhibit B Oyster Point Development Harbor Master Spit City of South San Francisco Langan Project No: 730480189 Prior to construction, a pre-demolition survey of the existing Harbor Master building for lead-based paint (LBP), asbestos-containing material (ACM), and/or other hazardous materials will need to be completed by an Industrial Hygienist (IH) . The purpose of the LBP and ACM surveys is to identify deteriorating LBP and suspect ACM in the building that would require abatement prior to demolition or remodeling. A representative number of bulk samples of each suspect material will be collected by or under the direction of a licensed industrial hygienist. Bulk samples will be analyzed using polarized light microscopy (PLM) in accordance with EPA's July 1993 method for the determination of asbestos in bulk building materials. The IH will collect representative samples of painted surfaces or other building materials suspected to contain lead and that may be impacted by construction related activities for compliance with the California Occupational Safety and Health Administration (Cal-OSHA) Lead in Construction Standard, Title 8 CCR 1532.1. Samples will be analyzed at an accredited laboratory by flame atomic absorption (FLAA) or Total Threshold Limit Concentration (TTLC) for total lead reported in parts per million. The IH will prepare a report summarizing their findings, notes, analytical results, and recommendations as appropriate. They will also estimate abatement costs based on standard unit prices, based on a range of abatement projects. The report will include sample location floor plans, photographs and recommendations for handling these materials during demolition. Clay Cap Evaluation Title 27 CCR requires a low permeability layer (clay cap) not less than 1 foot thick, compacted to attain a hydraulic conductivity not more than 1x10-6 centimeters per second (cm/sec). While the evaluation of the existing clay cap was not included as a task in the RFP, based on our previous experience at Oyster Point and Sierra Point, it will be an important item for obtaining regulatory approval and for keeping surface water out of the refuse unit. It is our opinion that the clay cap should be evaluated in this phase; otherwise, a separate investigation phase will likely be required at a later time after regulatory review. We will evaluate the presence and thickness of the existing clay cap through test pits. In addition, we will collect samples of the clay cap to conduct laboratory testing to determine the hydraulic conductivity of the soil. In the fee for this task, we have assumed that four laboratory permeability tests will be performed. Clay Cap Repair Plan If the landfill cover evaluation indicates the clay cap does not meet Title 27 CCR standards, Langan will prepare a clay cap repair plan with specifications and details for improving the clay cap, for review and approval by the applicable regulatory agencies as discussed further in Task 5. Task 6. Public Outreach Langan will provide a supporting role to Wilsey Ham and the team. We anticipate that Langan will assist in preparation of presentations and exhibits and attend public meetings, as needed. Exhibit B Oyster Point Development Harbor Master Spit City of South San Francisco Langan Project No: 730480189 Task 7, 8, and 9. 65%, 95%, and Final Design Documents Langan will review the geotechnical and environmental aspects of plans prepared by others and assist in the preparation of specifications. Task 10. Bid and Construction Support Services Langan will assist in answering bidders’ technical questions during the bid period, prepare addenda to our report, as needed, and review and consult with the design team during the bid review evaluation. During construction, Langan will be on-site to perform construction observation of the environmental and geotechnical aspects of construction. We anticipate that this will include observation of the installation of shoring, improvement of the existing clay cap (if required), site grading, placement and/or compaction of soil/lightweight fill, and perimeter dust monitoring. In addition, we will review the geotechnical and environmental aspects of submittals, RFIs and contractors’ requests for change orders. We will prepare daily field reports to submit to the City regarding the progress of construction. In addition, we anticipate that closeout reports will be required for approval from SMCEHD and RWQCB, documenting the aspects of construction related to final closure of the landfill. Exhibit B VEHICLE REIM- TOTAL TOTALMATERIALSSUB- BURSABLE Sub TOTAL LABORTaskTASK DESCRIPTION$350 HRS $335 HRS $320 HRS $270 HRS $200 HRS $170 HRS $145 HRS OTHER $CONSULTANTSEXPENSES LABOR $ ALL $ HOURS3.Develop Alternatives and Recommendations1Compensatory Mitigation Coord w/City0 0 0 0 0 0 00 0 02Interagency Meeting (1 max)0 1,340 4 0 0 0 685 4 02,025 2,025 83Landscape Schematic Master Plan00000000004Reimbursables0 0 0 0 0 0 00 0 0001,34040000006854000002,0252,02585Environmental Permitting and Clearance1Development of Project Description0 0 0 0 0 0 00 0 02Cultural/Historic Resources Summary Memo0 0 0 0 0 0 02CEQA Technical Studies0 0 0 0 0 0 00 0 03Compensatory Mitigation Strategy0 0 0 0 0 0 00 0 04Administrative Draft EIR0 0 0 0 0 0 00 0 05Screen Check and Public Review Draft EIR0 0 0 0 0 0 00 0 06Final EIR and MMRP and Certifications0 0 0 0 0 0 00 0 07Permitting (USACE, RWQCB, BCDC, SLC?)1,750 5 0 6,400 20 2,700 10 4,000 20 0 1,450 10 16,300 16,300 658NOT USED0 0 0 0 0 0 00 09Clay Cap Evaluation700 2 2,010 6 0 2,970 11 600 3 2,720 16 1,450 10 700 10,000 10,450 21,150 4810Analytical Testing and Prepare Cost Estimate0 0 3,200 10 0 2,000 10 0 580 4 10,500 5,780 16,280 2411 Clay Cap Repair Plan 1,750 5 0 1,600 5 1,350 5 4,000 20 1,700 10 010,400 10,400 4512 Reimbursibles0 0 0 0 0 0 00 0 04,200 12 2,010 6 11,200 35 7,020 26 10,600 53 4,420 26 3,480 24 700 20,500 0 42,930 64,130 1826Public Outreach1Meet with City to Develop Outreach Strategy0 0 0 0 0 0 00 0 02Prepare Presentations and Exhibits0 1,675 5 1,600 5 2,700 10 2,000 10 0 07,975 7,975 303Attend Public Outreach Meetings (4 max)0 0 0 0 0 0 00 0 04Post Meeting Project Updates (6 max)0 1,005 3 960 3 1,620 6 1,200 6 0 04,785 4,785 185One Public Worshop to Present Final Approved Project0 0 0 0 0 0 00 0 06Meet with Live-In Boaters (if needed)0 0 0 0 0 0 00 0 07 Reimbursibles0 0 0 0 0 0 00 0 00 0 2,680 8 2,560 8 4,320 16 3,200 16 0 0 0 0 0 0 0 12,760 12,760 48765% Design1Develop 65% Grading Plans Addressing Comments0 670 2 320 1 1,350 5 1,000 5 1,700 10 05,040 5,040 232Prepare Title Sheet, Notes Sheet 0 0 0 0 0 0 00 0 03Develop 65% Structural Plans Addressing Comments0 670 2 0 1,350 5 0 1,700 10 03,720 3,720 174Develop 65% Drainage Plans Addrssing Comments0 0 0 0 0 0 00 0 05Develop 65% Typical Sections & Details0 0 0 0 0 0 00 0 06Develop 65% Utility Relocation Plan0 0 0 0 0 0 00 0 07Dev 65% Specs Incl Frnt End, Spec Provs, Tech Specs0 670 2 320 1 2,700 10 2,000 10 850 5 06,540 6,540 288Develop 65% Estimate & Did Schedule0 0 0 0 0 0 00 0 09Develop Erosn Contr Plan & Details0 0 0 0 0 0 00 0 010Prep Responses to Tasks 4, 5, & 6 on Matrix0 0 0 0 0 0 00 0 011Submit to City0 0 0 0 0 0 00 0 00 0 2,010 6 640 2 5,400 20 3,000 15 4,250 25 0 0 0 0 0 15,300 15,300 688Pre-Final 95% Design1Develop 95% Grading Plans Addressing Comments0 670 2 640 2 1,350 5 1,000 5 850 5 04,510 4,510 192Finalize Title Sheet, Notes Sheet 0 0 0 0 0 0 00 0 03Develop 95% Structural Plans Addressing Comments0 670 2 0 1,350 5 0 850 5 02,870 2,870 124Develop 95% Drainage Plans Addrssing Comments0 0 0 0 0 0 00 0 05Develop 95% Typical Sections & Details0 0 0 0 0 0 00 0 06Develop 95% Utility Relocation Plan0 0 0 0 0 0 00 0 07Dev 95% Specs Frnt End, Spec Provs, Tech Specs0 0 0 810 3 600 3 0 01,410 1,410 68Develop 95% Estimate & Did Schedule0 0 0 0 0 0 00 0 09Develop Erosn Contr Plan & Details0 0 0 0 0 0 00 0 010Prep Responses to 65% Comments on Matrix0 0 0 0 0 0 00 0 011Structural Independent In-House QA/QC of 65% PS&E0 0 0 0 0 0 00 0 012Submit to City for review0 0 0 0 0 0 00 0 013 Reimbursibles0 0 0 0 0 0 00 0 00 0 1,340 4 640 2 3,510 13 1,600 8 1,700 10 0 0 0 0 0 8,790 8,790 379Final Bid Documents1Finalize 100% Plans Addressing Comments0 335 1 320 1 1,080 4 800 4 0 02,535 2,535 102Finalize 100% Specs Addressing Comments0 335 1 0 1,080 4 0 0 01,415 1,415 53Finalize 100% Estimate Addressing Comments0 0 0 0 0 0 00 0 04Prepare Responses to 95% Comments on Matrix0 0 0 0 0 0 00 0 05Submit to City0 0 0 0 0 0 00 0 06 Reimbursibles0 0 0 0 0 0 00 0 00 0 670 2 320 1 2,160 8 800 4 0 0 0 0 0 0 0 3,950 3,950 154,2001210,0503015,3604822,4108319,2009611,055653,4802470020,500085,755106,955358SubtotalCity of South San FranciscoConsulting Services for the Design of Harbor Master Road SpitDesign Fee6/28/2021 - LANGANPrincipal Senior Associate Associate Senior Project Senior Staff Staff Graphics andManager EngineerSubtotalSubtotalSubtotalSubtotalSubtotalSubconsultant Name: LanganGRAND TOTAL (Tasks 5 to 10)Engineer Word ProcessingExhibit B \\langan.com\data\PAR\other\SOFs\2021\July 2021 Bay Area Rates - July SCHEDULE OF FEES AND CONDITIONS Effective 1 July 2021 BILLING CATEGORY HOURLY BILLING RATE Technician - Level I 100 Technician - Level II 145 Technician - Level III 155 Staff Personnel - Level I 165 Staff Personnel - Level II 175 Staff Personnel - Level III 185 Senior Staff Personnel - Level I 195 Senior Staff Personnel - Level II 205 Senior Staff Personnel - Level III 215 Project Personnel - Level I 230 Project Personnel - Level II 240 Project Personnel - Level III 250 Senior Project Personnel - Level I 270 Senior Project Personnel - Level II 300 Associate/Senior Project Personnel - Level III 325 Senior Associate 340 Principal 350 Senior Principal 390 - Managing Principals are billed at $440/Hour - Senior Consultants are billed at $365/Hour - At any level, personnel may be engineers, geologists, hydrogeologists, landscape architects, regulatory specialists, scientists, planners, toxicologists, wetland specialists, etc. - Litigation related services, including expert testimony, court appearances, depositions, etc. are billed at 1.5 time s the above rates. The services will be billed at a minimum of 4 hours for up to one half day and a minimum of 8 hours for services over 4 hours. - Langan reserves the right to make adjustments for individuals within these classifications as may be neces sary by reason of promotion, and to increase our hourly billing rates due to annual salary increases. CONSULTANT EQUIPMENT RENTAL RATES Automobiles, Vans, and Small Trucks (travel time plus time on site) $25.00 per hour/$195 per day. Nuclear Moisture-Density Gauge $16.20 per hour COMPUTER SERVICES Our in-house computer usage is billed on a time used basis at the following rates: Rate per Hour CADD, GIS and Terrain Modeling Programs $30 Engineering Programs/Digitizing $25 SURVEYING SERVICES See survey-specific Schedule of Fees and Conditions SUBCONTRACTOR/SUBCONSULTANT COSTS All subcontracted services including lab tests and analyses, borings, test pits, report reproduction, outside computer services, surveying, etc., will be billed at cost plus 15%. REIMBURSABLE EXPENSES PROFESSIONAL LIABILITY AND RELATED INSURANCE A surcharge of 4% will be added to the invoice total to cover the cost of Professional Liability Insurance and related costs of insurance. IN-HOUSE LABORATORY TESTS Laboratory testing will be billed at unit rates depending on the type of test. A schedule of unit prices for standard labora tory tests will be furnished upon request. Engineering soil and/or rock samples will be stored for 90 days without charge and will be discarded, or returned to the client, unless otherwise requeste d by the client. Sample storage past 90 days will be billed at $10.00 per box per month. HEALTH AND SAFETY AND OTHER SPECIAL FIELD EQUIPMENT Special equipment such as nuclear densitometers, seismographs, load test equipment, surveying equipment, disposable protectiv e equipment, and respirator cartridges will be billed on a daily rate. PID's and similar safety and/or monitoring equipment will be billed on daily, weekly or monthly rates. A rate schedule will be provided upon request. OTHER EXPENSES All expenses incurred for special supplies, plan reproduction, long distance communications, travel and subsistence and other project related expenses will be billed at cost plus 10%. Car mileage is billed at current IRS rates. Sampling vans/Field Vehicles are billed at a daily rate of $195. PREVAILING WAGE If applicable, prevailing wage premium will be added to the rates stated above. TERMS Invoices are payable within 30 days. Service charge of 1.5% /mo. will be imposed on all bills not paid w/in 30 days. If a bill remains unpaid after 60 days, we will discontinue our work until payments are received to bring your account current. We reserve the right to terminate an account without notice for non-payment. 1-2021 Bay Area Rates 10% Exhibit B SCOPE OF WORK – STRUCTURES (BIGGS CARDOSA ASSOCIATES) · Dock Mitigation Design for interim site grading through 100% PS&E PHASE 1: PRELIMINARY DESIGN Only Phase 1 is included in the baseline scope of services for the wall. Task 1. Project Management and Coordination This task will include project management activities, including day-to-day administration, progress meetings, and technical reviews. · Attend project kickoff meeting and site visit (Total 1 assumed) · Attend progress meetings with City (Total 3 assumed at 35%, 65% and 95%) · Attend project coordination meetings with Design Team (Total 4 assumed at 15%, 35%, 65% and 95%) · Attend design review meetings (Total 3 assumed at 35%, 65% and 95%) · Monitor BCA progress of individual tasks and coordinate completion of work products. · Monitor BCA task budgets and project schedule. · Prepare monthly progress and cost summaries reports and invoices. Task 4. Preliminary Design (35% PS&E) For the interim site grading condition, prepare Preliminary Dock Mitigation Design for the City and other stakeholders to review and use for environmental clearance purposes. This task is to include the following: · Conduct site visit and structural assessment of each existing dock bridge structure (spanning between the shore and floating dock) to verify suitability of structure for modification and reuse during the interim site grading phase. · Prepare the preliminary structural design to include 35% plans, specifications, and Engineer’s Estimate of Probable Construction Costs for dock mitigation at two locations. PHASE 2: FINAL DESIGN The Phase 2 scope of work described herein is for work related to Dock Mitigation Design to accommodate interim site grading. The Phase 2 scope of services and fee for the wall design is not included herein. The scope and fee for the wall design will be refined and resubmitted separately based on wall design development during Phase 1 to ensure key constraints, issues and design elements are accurately reflected. Task 5. Environmental Permitting and Clearance No tasks are identified for BCA during this task. The 35% structural PS&E will be used as the design basis for the Environmental Team. Task 7. 65% Design Prepare 65% Dock Mitigation Design Contract Documents for City and Stakeholders’ review to include the following: ATTACHMENT EExhibit B · Address and resolve all concerns, issues, and comments on the Preliminary Structural Design including those identified during the Environmental Clearance Process. · Update structural design based on issues identified in the Preliminary Design. · Prepare structural 65% plans, technical specifications, and Engineer’s Estimate of Probable Construction Costs. Task 8. Pre-Final 95% Design · Address and resolve all concerns, issues, and comments on the 65% Dock Mitigation Structural Design. · Conduct an internal check review of the structural plans, specifications, estimate and review of structural calculations concurrent with review of the 65% Submittal by the City and other agencies. The purpose of this review is to provide independent review of the specific project details by professionals who were not closely involved in the design, and to review the constructability, cost-effectiveness and completeness of design features relative to the normal standard of professional care. · Update structural design based on issues identified in the 65% Design. · Prepare 95% Bid Documents to include structure plans, technical specifications, and Engineer’s Estimate of Probable Construction Costs. Task 9. Final Bid Documents · Address and Incorporate any 95% Dock Mitigation Design Structural Submittal Comments. · Prepare and submit one set of structural Final Bid Documents · Submit one set of full-size stamped and signed final structural drawings along with structural technical specifications · Submit one copy of final structural quantity calculations and structural Engineer’s Estimate of Probable Construction Costs · Submit digital files (AutoCAD, MS Word, MS Excel, etc.) for the project. PHASE 3: BID AND CONSTRUCTION SUPPORT Not included in Final Design Scope of Services. Bid and Construction Support Services will be negotiated separately at a later date. ASSUMPTIONS · PS&E Submittals will be provided at 35%, 65%, 90% and 100% completion levels. Agency reviews are limited to one round of comments consolidated to one set of redline plan, specification and estimate redline comments per agency. Project Reports will be limited to one draft and one final version of each report. · For planning and budgeting purposes the dock mitigation assumes the existing docks and foundations are in suitable condition for reuse during the interim site grading phase of the project until construction of the final site retaining wall. Existing foundations will be modified and reused where feasible. · Access and ADA issues associated with Dock Mitigation Design will be provided by others. Exhibit B VEHICLEREIM-TOTALTOTALMATERIALSSUB-BURSABLESubTOTAL LABORTaskTASK DESCRIPTION$280 HRS $228 HRS $200 HRS $178 HRS $164 HRS $150 HRS $138 HRS $144 HRS $104 HRS$1 HRS OTHER $ CONSULTANTS EXPENSES LABOR $ ALL $ HOURS1.Project Management and Coordination2Project Coordination - Tasks 4-91,12045,472240 4,272240 0 0 0 1,24812012,112 12,112 643Quality Contol Reviews - Work Completed0 0 0 0 0 0 0 0 0 00 0 04Develop & Monitor Schedule, Monitor Budget0 0 0 0 0 0 0 0 0 00 0 05Sub-consultant Coordination & Meetings28012,05290 1,60290 0 0 0 0 03,934 3,934 196Meetings & Coordination with City of SSF - Tasks 4-90 1,36860 1,06860 0 0 0 0 02,436 2,436 127Mtng's & Coord w/ Agencies & Stakeholders - Tasks 4-0 0 0 0 0 0 0 0 0 00 0 084 Dsgn rev mtgs w/ City; 35%, 65%, 95%0 1,82480 1,42480 0 0 0 0 03,248 3,248 129Reimbursibles0000000000300030001,400510,71647008,36647000000001,24812000030021,73022,0301074.Preliminary Design (35% Plans)1Fnlze tech memo & design criteria based on Alt Eval.0 68430 1,06860 60040 1441104102,600 2,600 152Structural Assessment & Develop 35% Grading Plans560245620 2,136120 1,800120 0 0 04,952 4,952 03Prepare Title Sheet and General Notes Sheet 0 0 0 0 0 0 0 0 0 00 0 04Develop 35% Structural Plans0 2,280100 5,696320 2,400160 2,304160 012,680 12,680 1085Develop 35% Drainage Plans0 0 0 0 0 0 0 0 0 00 0 06Develop 35% corrosion monitoring and cathodic protection plans and specification0 0 0 0 0 0 0 0 0 00 0 07Develop 35% Typical Sections0 0 0 0 0 0 0 0 0 00 0 08Prepare cross sections of fill0 0 0 0 0 0 0 0 0 00 0 09Devel 35% Utility Relocation, or Abandmnt Plan0 0 0 0 0 0 0 0 0 00 0 010Perform earthwork estimate0 0 0 0 0 0 0 0 0 00 0 011Develop 35% specification outline0 22810 35620 0 0 0 10410688 688 412Develop 35% Constr Cost Estimate0 22810 53430 90060 0 0 01,662 1,662 2013Prepare schedule of permitting activities0 0 0 0 0 0 0 0 0 00 0 014Reimbursibles00000000002000200056023,87617009,79055005,70038002,448172082000020022,58222,782147765% Design1Develop 65% Grading Plans Addressing Comments0 0 0 0 0 0 0 0 0 00 0 02Prepare Title Sheet, Notes Sheet 0 0 0 0 0 0 0 0 0 00 0 03Develop 65% Structural Plans Addressing Comments28011,82480 4,272240 2,400160 2,304162082011,288 11,288 674Develop 65% Drainage Plans Addrssing Comments0 0 0 0 0 0 0 0 0 00 0 05Develop 65% Typical Sections & Details0 0 0 0 0 0 0 0 0 00 0 06Develop 65% Utility Relocation Plan0 0 0 0 0 0 0 0 0 00 0 07Dev 65% Specs Incl Frnt End, Spec Provs, Tech Specs280145620 1,42480 0 0 0 208202,368 2,368 138Develop 65% Estimate & Did Schedule0 45620 71240 1,20080 0 0 02,368 2,368 149Develop Erosn Contr Plan & Details0 0 0 0 0 0 0 0 0 00 0 010Prep Responses to Tasks 4, 5, & 6 on Matrix0 0 0 0 0 0 0 0 0 00 0 011Submit to City0 0 0 0 0 0 0 0 0 00 0 013Reimbursibles000000000000000000000001600160056023,42012006,94236003,60024002,304164164000016016,02416,1841008Pre-Final 95% Design1Develop 95% Grading Plans Addressing Comments0 0 0 0 0 0 0 0 0 00 0 02Finalize Title Sheet, Notes Sheet 0 0 0 0 0 0 0 0 0 00 0 03Develop 95% Structural Plans Addressing Comments0 45620 2,136120 1,20080 1,1528104105,048 5,048 314Develop 95% Drainage Plans Addrssing Comments0 0 0 0 0 0 0 0 0 00 0 05Develop 95% Typical Sections & Details0 0 0 0 0 0 0 0 0 00 0 06Develop 95% Utility Relocation Plan0 0 0 0 0 0 0 0 0 00 0 07Dev 95% Specs Frnt End, Spec Provs, Tech Specs0 22810 35620 0 0 0 10410688 688 48Develop 95% Estimate & Did Schedule0 22810 35620 30020 0 0 0884 884 59Develop Erosn Contr Plan & Details0 0 0 0 0 0 0 0 0 00 0 010Prep Responses to 65% Comments on Matrix0 0 0 0 0 0 0 0 0 00 0 011Structural Independent In-House QA/QC of 65% PS&E1,12040 0 1,42480 0 1,656120 0 04,200 4,200 2412Submit to City for review0 0 0 0 0 0 0 0 0 00 0 013Reimbursibles0000000000800801,2001,12049124004,27224001,500101,656121,1528208200008010,82010,9001,2649Final Bid Documents1Finalize 100% Plans Addressing Comments0 22810 35620 30020 28820 01,172 1,172 72Finalize 100% Specs Addressing Comments0 22810 17810 0 0 0 10410510 510 33Finalize 100% Estimate Addressing Comments0 22810 17810 15010 0 0 0556 556 34Prepare Responses to 95% Comments on Matrix0 0 0 0 0 0 0 0 0 00 0 05Submit to City0 0 0 0 0 0 0 0 0 00 0 06Reimbursibles00000000005005000684300712400450300288210410000502,2382,288133,3211117,080710023,140130007,650511,656123,888271,768170002979057,37074,1841,384SubtotalSubtotalSubtotalGRAND TOTALSubtotalSubtotal10ManagerEngineerEngineerEngineerEngineerDrafterServicesPositionCity of South San FranciscoConsulting Services for the Design of Harbor Master Road SpitDesign Fee11/16/2021FILL IN CORRECT POSITION TITLE AND CORRECT HOURLY RATESSubconsultant Name: Biggs CardosaPrincipalAssociateEngineeringSeniorProjectStaffAssistantSenior CADAdminExhibit B CHARGE RATE SCHEDULE Senior Principal $290.00 Principal $250.00 Associate $230.00 Engineering Manager $200.00 Senior Engineer $180.00 Project Engineer $165.00 Staff Engineer $152.00 Assistant Engineer $140.00 Junior Engineer $128.00 Senior Computer Drafter $145.00 Computer Drafter $128.00 Junior Computer Drafter $115.00 BIM/Visualization Specialist $145.00 Project Administrator $165.00 Project Coordinator $135.00 Secretarial Administrative Services $104.00 Construction Manager $240.00 Senior Structural Representative $210.00 Structural Representative $187.00 Assistant Structures Representative $150.00 Senior Bridge Inspector $187.00 Subconsultants Expenses In-House CADD Plots Prints Plots Mylar Plots Cost Plus 10% Cost Plus 15% $0.32/ sq. ft. $1.60/ sq. ft. $3.20/ sq. ft. Charge Rates Applicable October 1, 2021 thru September 30, 2022 10% Exhibit B Oakland, CA 5253 College Ave, Suite B Oakland, CA 94618 (510) 250-9189 November 16th, 2021 Eric Cohen, Managing Engineer Wilsey Ham 3130 La Selva Street, Suite 100 San Mateo, CA 94403 Proposal – Landscape Architectural Services for the Renovation of Oyster Point Harbor Master’s Spit Eric, Please find following a Scope of Work and Fee to provide Landscape Architectural Services for the renovation of the Oyster Point Harbor Master’s Spit at Oyster Point Marina in South San Francisco, CA. Regards, Matthew S. Gaber Principal RLA #3740 CA ATTACHMENT F Exhibit B 2 | Page Project Understanding Wilsey Ham (Client) will lead the design process for the renovation of the Harbor Master’s Spit at Oyster Point Marina (Project) as shown on the Limit of Work in this scope of work. The Project is located at 95 Harbor Master Rd, Unit 1, South San Francisco, CA 94080. Client has requested NCE to provide landscape architectural plans and specifications to support the Project. Based on the drawings named Oyster Point Phase II Harbor Master Spit Conceptual Grading Plans dated 6.10.2021 prepared by Client, NCE understands the scale, scope, goals and features for the Project to be as follows: The City of South San Francisco (City) seeks to repair settlement around the existing Harbor Master’s Office and within the Spit at the Oyster Point Marina by adding fill to raise the elevation of site approximately 5 feet above existing grade. The City has directed the Client that the landscape improvements will be temporary until funding is available to construct permanent improvements. The fill placed along the shoreline shall be planted with native plants to match plantings at the adjacent Oyster Point Marina Phase IIC project. NCE to provide permitting support with graphic illustrations/ renderings of the proposed project. Permits, applications and coordination with agencies (Water Board, State Lands Commission)will be obtained and processed by other members of the design team. New pedestrian pavements, paths and furnishings shall be designed to be ADA compliant. NCE to create planting plans for stormwater treatment basins, the sizing and detailing of the basins will be by others. NCE shall coordinate with other disciplines to avoid conflicts with existing/proposed utilities, and proposed landscape features. Landscape site features, pavements, irrigation, and plantings shall be designed per the City’s and State of California standards and regulations. Client Responsibilities NCE has assumed that the Client will be able to provide the following to the extent available: Information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), parcel boundary, right-of-way, and property limits, easements, tree locations, site furnishings, and existing construction as available. Project requirements, including design objectives, budget, schedule, site constraints, and design standards. Electronic files of Client’s cover sheet template, site plan, architectural, structural, and civil plans. Geotechnical reports Review at the various stages of project delivery and completion phases. Exhibit B 3 | Page Scope of Work Task 1 - Project Management and Coordination Task 1.1 - Project Coordination and Management NCE’s Project Manager will serve as the Client’s single point of contact and will have primary responsibility for managing and coordinating the efforts of the NCE Project team. Management tasks include monthly invoicing, filing, scheduling, subconsultant invoicing, and general project administration. Task 1.2 - Quality Assurance and Control NCE has allocated time within the scope for the review of the 90% and 100% Design drawings by NCE’s internal quality assurance and control team to insure coordination with other subconsultants, adherence to codes, construction standards, agency requirements, and the City’s design criteria. Task 1.3 - Develop and Monitor Schedule and Budget NCE’s project manager will coordinate with the Client’s project manager to create a project schedule, establish milestones, and monitor the budget, providing the Client with monthly updates on the project budget. Task 1.4 - Sub Consultant Coordination NCE will coordinate its work with other subconsultants and NCE’s subconsultants to prevent conflicts between each disciplines work. NCE will coordinate the location and detailing of landscape site improvements to identify potential conflicts. Task 1.5 - Meetings and Coordination with the City NCE anticipates monthly virtual (Zoom or Microsoft Teams) coordination meetings with the Project team and the City. The NCE Team will also participate in a project kick-off meeting with the Client to review the scope of work, establish lines of communications and schedules, refine the project program, and review the City’s operational criteria. Task 1.6 - Agency and Stakeholder Coordination NCE anticipates one virtual pre-application and one design review meeting with the BCDC. Scope does not include time for BCDC design review or commission meetings or coordination with other agencies such as the State Lands Commission or the San Francisco Bay Regional Water Quality Control Board. Exhibit B 4 | Page Task 1.7 - Design Review Meetings with City NCE has included time for two virtual meeting at schematic design and one meeting each at the 65% and 95% P,S & E. and two site visits with the City and Project team. Task 4 - Schematic Design Task 4A – Data Gathering and Site Investigations NCE will review relevant available data and records from the Client, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, drainage structure inventory maps, aerial photographs of the site as-built street improvement and infrastructure plans including any preliminary plans for future work that may conflict with this project. The gathered information will be compiled and included in the base map used for design. Task 4B - Schematic Landscape Master Plan Based on the data gathered during Task 4A, NCE will prepare a Schematic Landscape Master Plan depicting the schematic layout of the Project’s landscaped areas, including descriptions and images of the features and materials. Deliverables: One reproducible copy of the Schematic Landscape Plan Task 4C - Review Schematic Landscape Master Plan with the City NCE will present the Schematic Landscape Master Plan to the City’s staff and document the City’s comments and preferences. Task 4D - Revise Schematic Landscape Master Plan per City Comments Based on the comments and preferences of the City received during Task 4C, NCE will revise the Schematic Landscape Master Plan. The Schematic Landscape Master Plan will be used during agency coordination, permitting and public outreach. Task 4.1 - 35% Design (Design Development) Upon the Client’s authorization to commence Design Development, NCE will prepare Plans, Specifications and Construction Cost Estimates (P,S &E) for the Project that will indicate the relative location, surface elevations, types and extent of pedestrian pavements, site furnishings, railings, plantings, materials, and finishes, planting palette, drainage, irrigation, and lighting approach. Drawings will be drafted in digital format using AutoCAD 2022 and printed at 1” = 10’-0”. NCE anticipates preparing the following drawings: Exhibit B 5 | Page Landscape Layout and Materials Plan Grading Plan Planting Plan and Plant Palette Landscape Details Irrigation Plan It is assumed that the Client will require a 10-day review/comment period once the 35% PS&E package is submitted. Deliverables: One reproducible copy of 35% plans technical specifications, and construction cost estimate Task 5.8 - Environmental Permitting and Clearance NCE will provide permitting support to the Client with the BCDC (Bay Conservation and Development Commission). Client will be responsible for completing a permit application, agency outreach and coordination. NCE to assist the Client with the preparation of exhibits, providing narrative descriptions of the landscape improvements and estimating landscape quantities. Task 6 - Public Outreach NCE will support Client with Public Outreach by preparing an illustrative plan and sections/ visualizations similar to the Schematic Landscape Master Plan. Drawings will be rendered in color, include imagery of the proposed improvements with narrative descriptions of the proposed improvements. Deliverables: One reproducible copy of the illustrative plan and sections/visualizations Task 7 - 65% Design The 35% plans will be revised to incorporate comments received from the Client. NCE will meet with the Client to review these comments, from which the 65% PS&E will be prepared. NCE will provide a response to each comment on a table provided by the Client. The 65% PS&E will include additional design information and details typically expected at this stage of completion including grading and drainage, types and extent of pedestrian pavements, site furnishings, railings, plantings, materials, and finishes, planting palette, irrigation equipment, and prototypical landscape details. The technical specifications related to landscape will be prepared in MS Word format and will follow the Client’s formatting conventions. The technical specifications will reference the City’s standard provisions and will be in Construction Specification Institute (CSI) format. Exhibit B 6 | Page It is assumed that the Client will require a 10-day review/comment period once the 65% PS&E package is submitted. Deliverables: One reproducible copy of 65% plans, technical specifications, and construction cost estimate Task 8 - Pre-Final 95% Design The 65% PS&E will be revised to incorporate comments received from the Client. NCE will again meet with the Client to review these comments, from which the final (95%) PS&E will be prepared. NCE will provide a response to each comment on a table provided by the Client. The (95%) PS&E will include the notes and details necessary for construction. One reproducible copy of the (95%) PS&E will then be packaged and submitted similar to the 65% PS&E unless directed otherwise. It is assumed that the Client will require a 10-day review/comment period after the 95% Design drawings are submitted. Deliverables: One reproducible copy of 95% plans, technical specifications, and construction cost estimate Task 9 - Final Bid Documents The 95% PS&E will be revised to incorporate comments received from the Client. NCE will again meet with the Client to review these comments, from which the Final Bid Documents (100%) PS&E will be prepared. NCE will provide a response to each comment on a table provided by the Client. The final (100%) PS&E will include the notes and details necessary for construction. One reproducible copy of the final (100%) PS&E will then be packaged and submitted similar to the 95% PS&E unless directed otherwise. It is assumed that the Client will require a 10-day review/comment period once the final (100%) PS&E package is submitted. Upon receipt of the Client’s final review comments, the project documents will be finalized for bidding purposes. A final quantity calculation will be tabulated, and this will be entered into the final cost estimate for the Project. The final documents will be reviewed, stamped, and signed by NCE’s registered landscape architect and the final PS&E will be delivered to the Client in both hard copy and electronic formats. Deliverables: One wet-signed and one electronic file of the final plans, technical specifications, and engineer’s estimate. The electronic files for the final construction plans, specifications, Exhibit B 7 | Page and engineer’s estimate will be in AutoCAD 2022, Microsoft Word, and Microsoft Excel, respectively Exclusions The Scope of Work does not include the following: Presentations to any commissions, agencies, boards, or citizens groups not identified in the above Scope of Work Construction plans for any required electrical engineering and/or site lighting circuitry Topographic surveys Structural engineering Geotechnical investigations, engineering, or reports Fee Estimate NCE will provide the defined scope of work for a not to exceed fee of $98,050 on a time and materials basis, in accordance with the attached schedule of charges. Further cost detail is provided in the attached fee estimate. Exhibit B 8 | Page LIMIT OF WORK The following exhibit depicts the Limit of Work for Landscape Architectural services for the Project. Exhibit B REIM- TOTAL BURSABLE TOTAL TOTAL LABOR Task TASK DESCRIPTION $270 HRS $270 HRS $185 HRS $145 HRS $120 HRS $90 HRS $173 HRS HRS EXPENSES LABOR $ ALL $ HOURS 1Project Management and Coordination 1 Project Coordination - Tasks 4-9 1,620 6 0 0 0 0 960 8 0 0 2,580 2,580 14 2 Quality Control Reviews - Design 0 2,160 8 0 0 0 0 0 0 2,160 2,160 8 3 Develop & Monitor Schedule, Monitor Budget 1,080 4 0 0 0 0 0 0 0 1,080 1,080 4 4 Sub-consultant Coordination & Meetings 1,080 4 0 0 0 0 0 0 0 1,080 1,080 4 5 Meetings & Coordination with City of SSF - Tasks 4-9 2,160 8 0 0 0 0 0 0 0 2,160 2,160 8 6 Mtng's & Coord w/ Agencies & Stakeholders - Tasks 4-9 2,160 8 0 0 0 0 0 0 0 2,160 2,160 8 7 4 Dsgn rev mtgs w/ City; 35%, 65%, 95% & Final 2,160 8 0 0 0 0 0 0 0 2,160 2,160 8 8 Reimbursables 00000 0000 000 10,260 38 2,160 8 0 0 0 0 0 0 960 8 0 0 0 0 0 13,380 13,380 54 4 Schematic Design A Data Gathering & Site Investigations 1,080 4 0 740 4 0 0 0 0 0 0 1,820 1,820 8 B Prepare Schematic Landscape Master Plan 1,080 4 0 1,480 8 0 0 0 0 0 0 2,560 2,560 12 C Review Schematic Landscape Master Plan w/ City of SSF 1,080 4 0 740 4 0 0 0 0 0 0 1,820 1,820 8 D Revise Schematic Landscape Master Plan per City Comments 1,080 4 0 1,480 8 0 0 0 0 0 0 2,560 2,560 12 4,320 16 0 0 4,440 24 0 0 0 0 960 8 0 0 0 0 0 8,760 8,760 122 4 35% Plans (Design Development) 1 Develop 35% Layout Plan 2,160 8 0 0 2,320 16 0 0 0 0 4,480 4,480 24 2 Develop 35% Grading Plan 2,160 8 0 0 2,320 16 0 0 0 0 4,480 4,480 24 3 Develop 35% Details 2,160 8 0 0 2,320 16 0 0 0 0 4,480 4,480 24 4 Develop 35% Planting Plan 2,160 8 0 0 2,320 16 0 0 0 0 4,480 4,480 24 5 Reimbursables 270 1 0 0 0 0 0 0 0 270 270 1 8,910 33 0 0 0 0 9,280 64 0 0 960 8 0 0 0 0 0 18,190 18,190 97 5 Environmental Permitting and Clearance 1 Development of Project Description 0000 0000 000 2 Cultural/Historic Resources Summary Memo 0000 0000 000 3 CEQA Technical Studies 0000 0000 000 4 Compensatory Mitigation Strategy 0000 0000 000 5 Administrative Draft MND 0000 0000 000 6 Screen Check and Public Review Draft MND 0000 0000 000 7 Final MND and MMRP and Certifications 0000 0000 000 8 Permitting Support BCDC, SLC 4,320 16 0 0 2,320 16 0 0 0 0 6,640 6,640 32 9 Clay Cap Evaluation (Task not included in RFP)0000 0000 000 10 Analytical Testing and Prepare Cost Estimate (Task not included in RFP)0000 0000 000 11 Clay Cap Repair Plan (If Required based on Task 9 results) 0 0 0 0 0 0 0 0 0 0 0 12 Reimbursables 200 0 0 0 0 0 0 0 200 0 0 4,520 16 0 0 0 0 2,320 16 0 0 0 0 0 0 0 0 0 6,840 6,640 32 6 Public Outreach 1 Meet with City to Develop Outreach Strategy 0000 0000 000 2 Prepare Presentations and Exhibits 1,080 4 0 0 2,320 16 0 0 0 0 3,400 3,400 20 3 Attend Public Outreach Meetings (4 max)0000 0000 000 4 Post Meeting Project Updates (6 max)0000 0000 000 5 One Public Workshop to Present Final Approved Project 0000 0000 000 6 Meet with Live-In Boaters (if needed)0000 0000 000 7 Reimbursables 200 0 0 0 0 0 0 0 200 200 0 1,280 4 0 0 0 0 2,320 16 0 0 0 0 0 0 0 0 0 3,600 3,600 20 7 65% Design 1 Develop 65% Grading Plans 540 2 0 0 1,160 8 0 0 0 0 1,700 1,700 10 3 Develop 65% Layout Plans 1,080 4 0 0 1,160 8 0 0 0 0 2,240 2,240 12 4 Develop 65% Planting Plans 1,080 4 0 0 1,160 8 0 0 0 0 2,240 2,240 12 6 Develop 65% Details 1,080 4 0 0 1,160 8 0 0 0 0 2,240 2,240 12 10 Develop 65% Irrigation Plans 1,080 4 0 0 0 0 0 0 0 2,500 1,080 3,580 4 11 Develop 65% Specification Outline 1,080 4 0 0 1,160 8 0 0 0 0 2,240 2,240 12 12 Develop 65% Constr Cost Estimate 540 2 0 0 1,160 8 0 0 0 0 1,700 1,700 10 6,480 24 0 0 0 0 6,960 48 0 0 0 0 0 0 0 0 2,500 13,440 15,940 72 8 Pre-Final 95% Design 1 Develop 95% Grading Plans 2,160 8 0 0 2,320 16 0 0 0 0 4,480 4,480 24 4 Develop 95% Layout Plans 540 2 0 0 2,320 16 0 0 0 0 2,860 2,860 18 5 Develop 95% Planting Plans 540 2 0 0 2,320 16 0 0 0 0 2,860 2,860 18 6 Develop 95% Details 540 2 0 0 1,160 8 0 0 0 0 1,700 1,700 10 7 Develop 95% Irrigation Plans 0 0 0 0 0 0 0 0 2,500 0 2,500 0 8 Develop 95% Specification Outline 540 2 0 0 0 0 0 0 0 0 540 540 2 9 Develop 95% Constr Cost Estimate 540 2 0 0 0 0 0 0 0 540 540 2 10 Prep Responses to 65% Comments 540 2 0 0 0 0 0 0 0 540 540 2 12 Submit to City for review 540 2 0 0 0 0 0 0 0 540 540 2 13 Reimbursables 200 0 0 0 0 0 0 0 200 200 0 6,140 22 0 0 0 0 8,120 56 0 0 0 0 0 0 0 0 2,500 14,260 16,760 78 9 Final Bid Documents 1 Finalize 100% Plans 540 2 0 0 6,480 24 0 0 0 0 7,020 7,020 26 2 Finalize 100% Specs 540 2 0 0 1,080 4 0 0 0 0 1,620 1,620 6 3 Finalize 100% Estimate 540 2 0 0 2,160 8 0 0 0 0 2,700 2,700 10 4 Prepare Responses to 95% Comments on Matrix 540 2 0 0 1,080 4 0 0 0 0 1,620 1,620 6 5 Submit to City 540 2 0 0 1,080 4 0 0 0 0 1,620 1,620 6 6 Reimbursables 200 0 0 0 0 0 0 0 200 200 0 2,900 10 0 0 0 0 11,880 44 0 0 0 0 0 0 0 0 0 14,780 14,780 54 Grand Total Tasks 1, 4 - 9 40,490 163 2,160 8 0 0 40,880 244 0 0 1,920 24 0 0 0 0 5,000 93,250 98,050 529 CLERICAL Position Subtotal 2345 City of South San Francisco Consulting Services for the Design of Harbor Master Road Spit Design Fee 11/16/2021 Principal Principal QA/QC Senior LA Staff LA Position 67116 CAD TECH Subtotal Subtotal Subtotal Subtotal Subtotal Subtotal Subtotal Exhibit B SCHEDULE OF CHARGES 2021 PROFESSIONAL SERVICES Principal...................................................................... $270/hour Associate .................................................................... $215/hour Senior ...................................................................... $185/hour Project ........................................................................ $165/hour Staff ........................................................................... $145/hour TECHNICAL SERVICES Senior Construction Manager* ........................ $145/($170-PW)/hour Senior Designer ........................................................... $155/hour CADD Designer ............................................................ $135/hour Senior Technician* ....................................... $125/($150-PW)/hour Construction Inspector* ................................ $130/($155-PW)/hour CAD Technician ............................................................ $120/hour Senior Field Scientist .................................................... $125/hour Field Scientist .............................................................. $100/hour Project Administrator .................................................... $110/hour Field/Engineering Technician* ......................... $100/($125-PW)hour Technical Editor ........................................................... $100/hour Clerical ......................................................................... $90/hour CONTRACT LABOR From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges. LITIGATION SUPPORT Engineer/Scientist ........................................................ $330/hour Court Appearances & Depositions ................................... $550/hour EQUIPMENT Plotter Usage ............................................. (separate fee schedule) Truck ........................................................................... $100/day Automobile ................................... IRS Standard Mileage Rate+15% Falling Weight Deflectometer Testing ............................. $3,500/Day Coring ....................................................................... $4,500/Day Environmental Equipment ............................ (separate fee schedule) OUTSIDE SERVICES Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc. ................................... cost + 15% COMMUNICATION/ REPRODUCTION In-house costs for long-distance telephone, faxing, postage, printing and copying ......................................... project labor charges x 5% TERMS Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice. *A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations. 10% 10% Exhibit B Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND WILSEY HAM, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Wilsey Ham, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of November 9th, 2020 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards ordinarily observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which the project which is the subject of this Agreement is located and performed under the same or similar circumstances (the “Standard of Care”). Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and in accordance with the Standard of Care. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Four Hundred Sixty-One Thousand, Six Hundred Fifty-Five Dollars, ($461,655.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 2 Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all the following information: Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); The beginning and ending dates of the billing period; A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by each employee, agent, and subcontractor of Consultant performing services hereunder; Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Each invoice shall include all expenses and actives performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 3 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement are considered included in the various Tasks in the Fee Proposal. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non- California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 4 2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 5 amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, as defined in Section 10.9. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 6 Liability form CA 0001 (most recent edition). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 7 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with copies of Standard ACORD Certificates of Insurance evidencing all policies required by the contract provisions and, at the request of the City, complete copies of any such policies. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the City’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 8 not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 9 bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. 5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 10 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 11 Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require Consultant to execute a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 12 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties except as required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 13 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys’ fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. 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. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000, et seq. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 14 Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090, et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090, et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant Wilsey Ham, Inc. 3130 La Selva Street, Suite 100 San Mateo, CA 94403 City City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 15 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________ Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Exhibit A Scope of Services Exhibit B Compensation Schedule Exhibit C Insurance Certificates Exhibit D Form 590 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with ot her signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Consulting Services Agreement between January 20, 2021 City of South San Francisco and Wilsey Ham, Inc. Page 16 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO WILSEY HAM, INC. ____________________________ ______________________________ Mike Futrell City Manager Jeff Peterson President Attest: ____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney 2729964.1 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C EXHIBIT A SCOPE OF SERVICES . DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Harbor Master Road Spit Site Development Project 4 Base Scope of Services 4.0 Introduction The Scope of Services for this project will be divided into two Phases. Phase 1 will include Tasks 1 through 3 and Phase 2 includes Tasks 4 through 10. Tasks 1 through 3 are included in the fee proposal dated October 21, 2020. Each Task will be broken down into sub-tasks with short descriptions. 4.1 Task 1 - Project Management While this task will include the sub-tasks required to effectively provide project management throughout both phases, the fees associated with this task will only be for Phase 1 (Tasks 1 through 3). The sub-tasks that will be included in Project Management include: ·Kick-off meeting and site visit ·Develop and monitor schedule and budget ·Overall project coordination ·Quality control review of work completed ·Coordination meetings with sub- consultants ·Meetings and various coordination with City staff ·Meetings and various coordination with agencies and stakeholders ·Up to two design review meetings with City staff ·Coordination with City staff regarding development footprint and potential. Deliverables: ·Meeting minutes ·Monthly project updates 4.2 Task 2 – Records Search and Site Investigatiton In an effort to ensure that the entire team is starting with the same historical and existing site conditions, the following sub-tasks will be included: ·Due diligence research and compilation of pertinent information ·Review of the 2011 EIR, and 2017 Subsequent EIR, past enforcement actions, landfill history, technical memos, reports, geographic, record drawings, and environmental documents and permits ·Prepare memorandum and two maps that identify existing conditions and potential biological and regulatory constraints ·Geotechnical Investigation (three total days in field), including: o Scan the spit with magnetometer and electromagnetic terrain conductivity meter o Obtain electrical resistivity profiling along two parallel transects o Process data and perform analysis based on the results of the field investigation and existing information and prepare report ·In-Situ soil electrical resistivity testing up to a depth of 100 feet and DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Harbor Master Road Spit Site Development Project determine layer resistivites utilizing Barnes Layer method (no boring needed for this investigation) ·Conduct literature review to determine best estimate of the rate of corrosion of steel ·Perform GPS site calibration, use seafloor systems for bathymetry and map, perform gps survey to locate limits of refuse ·Prepare an exhibit of limits of landfill and the preliminary wall layout, submit to City for internal dispersal to Departments with involvement in the project Deliverables: ·GIS shapefiles of sensitive and non- sensitive land cover types ·GIS shapefiles of presumed extent of agency jurisdictions ·Biological Resources Constraints Memorandum with maps ·Permitting data request checklist ·One draft of each permit application for review by the Prime ·One draft of each permit application for review by the City ·Final permit applications for submittal to agencies ·Geotechnical report to include: o Soil and groundwater conditions o Estimated extent of the landfill (refuse) o Landfill cover, including clay cap o Site preparation and grading, including criteria for fill quality and compaction o Estimated ground surface settlement as a result of raising site grades with either conventional fill or lightweight fill o Geotechnical parameters for design of a shoring wall at the perimeter o Slope stability in the proposed fill areas o Conclusions and recommendations in a draft written report ·Provide best estimate of the rate of corrosion of steel ·Electronic copy of the Limit of Landfill Exhibit in PDF format ·Meeting minutes 4.3 Task 3 – Develop Alternatives and Recommendations After completion of the research and site investigations our team will begin the process of evaluating design alternatives thru the following sub-tasks: ·Develop up to three conceptual alternatives based on information obtained in Task 2 ·Develop draft evaluation criteria and meet with City staff to review and finalize ·Meet with the City to review the three conceptual alternatives. In consultation with the City select two leading alternatives for further evaluation and planning level design ·Evaluate the two leading conceptual alternatives based on criteria set DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Harbor Master Road Spit Site Development Project with City ·Evaluate the feasibility, Prepare up to two construction cost estimates ·Hold workshop to discuss the leading alternatives with City and stakeholders, two assumed ·Finalize recommendations ·Define corrosion control types/methods ·Review mitigation strategies, Prepare Compensatory mitigation strategy memo ·Interagency Meetings, Attend up to 2 Deliverables: ·Agreed upon design criteria ·Agreed upon assessment methodology and option selection criteria ·Conceptual design exhibits of three conceptual alternatives for City consideration. After selection of two leading alternatives for further study, refine exhibits based on feasibility review and City input. ·Settlement studies (up to 2) ·Memorandum summarizing and comparing; o Biological and cultural resources impacts among alternatives o Regulatory feasibility and estimated permitting timeline of the alternatives ·Memorandum of compensatory mitigation options ·Meeting minutes DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C EXHIBIT B COMPENSATION SCHEDULE DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C BiggsJDHLanganWRAREIM- TOTALTOTALSUB-SUB-SUB-SUB-SUB- BURSABLE WH TOTAL WH LABORTaskTASK DESCRIPTION$241 HRS $223 HRS $213 HRS $168 HRS $156 HRS $257 HRS CONSULTANTS CONSULTANTS CONSULTANTS CONSULTANTS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS1.Project Management and Coordination01 Kick-off meeting and site visit4822 0852 4 672 4 002,801 2,047 3,812 3,0592,006 13,726 102 Develop & Monitor Schedule and Budget241 1 0 3,408 16 0003,649 3,649 173 Overall Project Coordination482 2 0 17,040 80 0005,67614,10617,522 37,304 824 Quality Contol Reviews - Through Task 3964 4 0 10,224 48 0002,04711,188 13,235 525 Sub-consultant Coordination & Meetings964 4 0 7,668 36 0002,801 989 7,780 8,9248,632 29,126 406 Meetings & Coordination with City of SSF00 1,704 8 0001,40111,0411,704 14,146 87 Meetings & Coordination w/ Agencies & Stakeholders00 2,556 12 0009,5942,556 12,150 128 2 Dsgn rev mtgs w/ City00 1,704 8 0001,401 989 3,1051,704 7,199 89 Coordination w/ City staff re: development footprint & potential00 2,556 12 0002,556 2,556 1211 Reimbursibles000000144150 0 294 03,133 13 0 0 47,712 224 672 4 0 0 0 0 14,224 6,072 14,697 46,7250 150 51,517 133,385 2412.Records Search and Site Investigation01 Record Search00 1,278 6 0001,017 3,036 6,095 4,8601,278 16,286 62Rev. EIR, landfill histry, enfrcmnt, memos, reports, permits241 1 0852 4 0002,967 1,9785,7661,093 11,804 53 Biological Resources Summary Memo00426 2 00011,937426 12,363 24 Geotech Invest; Lab Tests; Analysis; Report00852 4 00055,775852 56,627 45In-situ soil elec resistivity tst'g & det layer resistivites (no boring)0000009,8210 9,821 06 Lit Search/Inspect Ex Steel Struct, det est Rate of Corrosion0000002,9670 2,967 07 Perf svy to det.topo of bay floor, locate refuse limits0892 4 426 2 672 4 1,872 12 4,112 161,1507,974 9,124 388 Prep exh of limits of landfill/prelim wall layout, submit to City00426 2 2,016 12 1,248 83,690 3,690 229 Reimbursibles00000 32029320 349 0241 1 892 4 4,260 20 2,688 16 3,120 20 4,432 16 4,012 17,802 61,870 22,563 1,150 0 15,633 123,030 773. Develop Alternatives and Recommendations01 Dev alts based on geotech & struct input (up to 3)241 1 0 5,112 24 6,720 40 6,240 40 052,10011,79918,313 82,212 1052 Devl draft eval criteria, meet w/ City to discuss241 1 0852 4 2,688 16 3,744 24 01,0517,525 8,576 453 Eval Alts based on criteria, prep tech memo, presnt to staff241 1 0852 4 2,688 16 0012,7603,781 16,541 214 Eval. feasib during Alt Eval. Prep consr costs & sched241 1 0 6,816 32 6,720 40 002,72316,50913,777 33,010 735 Attnd & conduct Alt Analysis Workshops (2) with City00 1,704 8 0002,8017,728 5,7961,704 18,029 86 Finalize recomms in the tech memo to staff.241 1 0852 4 0002,0931,093 3,186 57 Define corrosion control types/methods0000006,7620 6,762 08 Compensatory Mitigation Strategy Memo00213 1 00016,570213 16,783 19 Interagency Meetings (2 max)00 3,408 16 0004,658 11,0403,408 19,106 1610 Reimbursibles0000001,0350 1,035 01,205 5 0 0 19,809 93 18,816 112 9,984 64 0 0 74,564 6,762 24,185 49,9160 0 49,814 205,240 274TOTAL Tasks 1 - 3 (Base)4,579 19 892 4 71,781 337 22,176 132 13,104 84 4,432 16 92,800 30,636 100,752 119,203 1,150 150 116,964461,655592SubtotalSURVEY CREWIDESIGNER2 PERSONENGR. ENG/SURV ENGR.City of South San FranciscoConsulting Services for the Design of Harbor Master Road Spit Site DevelopmentDesign Schedule/Cost Estimate10/21/2020PRINCIPAL SUPERVISING MANAGING ENGINEER SENIORSubtotalSubtotalDocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1Exhibit C EXHIBIT C INSURANCE CERTIFICATES DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/22/2021 Dealey,Renton &Associates P.O.Box 12675 Oakland CA 94604-2675 Doris A.Chambers 510-465-3090 certificates@dealeyrenton.com Beazley Insurance Company Inc 37540 WILSEHAM Travelers Property Casualty Company of America 25674WilseyHam,Inc. 3130 La Selva Street,Suite 100 San Mateo CA 94403-4808 Hartford Accident and Indemnity Company 22357 The Travelers Indemnity Company of Connecticut 25682 Trumbull Insurance Company 27120 1051234244 D X 2,000,000 X 1,000,000 5,000 2,000,000 4,000,000 X Y Y 6805H750243 12/31/2020 12/31/2021 4,000,000 C 1,000,000 X X X Y Y 57UEGHT8284 12/31/2020 12/31/2021 B X X 5,000,000YCUP2B12731112/31/2020Y 12/31/2021 5,000,000 E Y 57WEGZT6864 12/31/2020 12/31/2021 1,000,000 1,000,000 1,000,000 A Professional Liability Claims Made Y V1D4A2200501 12/31/2020 12/31/2021 $2,000,000 per Claim $4,000,000 Annl Aggr REF:Harbor Master Spit Project.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of South San Francisco,its elected and appointed officers,officials,employees,agents,contractors,and consultants.Commercial General Liability is primary and non contributory and includes severability of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation. Professional Liability Retro Date:Full Prior Acts.Professional Liability Deductible:$25,000.Cancellation provisions are solely as shown on this certificate. Cancellation:30 Day/10 Day for Non Payment of Premium. 30 Day NOC/10 Day for NonPay of Prem City of South San Francisco Attn:City Clerk 400 Grand Avenue South San Francisco CA 94080 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 January 27, 2021 | 11:50:26 PM PST Exhibit C ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò ̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×߲ײ«®»¼·¿³»²¼»¼¬±·²ó ̸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô DZ«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿ °®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6805H750243 1/22/2021 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò ̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»ôײ½òôîððì п¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 1/22/20216805H750243 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C NAMED INSURED: POLICY NUMBER: <PNUM> ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Page 1 COMMERCIAL GENERAL LIABILITY COVERAGE Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIREDBY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a namedinsured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and(2) The "personal and advertising injury" for which coverage is sought is caused by an offense that iscommitted; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person ororganization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; orb. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. Wilsey Ham,Inc. 6805H750243 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a covered "auto" you don't own, hire orA. Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations personal affairs.The Named Insured shown in the C. Lessors as InsuredsDeclarations is amended to include: Paragraph A.1. - WHO IS AN INSURED - of (1) Any legal business entity other than a Section II - Liability Coverage is amended topartnership or joint venture, formed as a add:subsidiary in which you have an ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form."auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to"insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor andsuch a policy but for its termination or (2) The "auto" is leased without a driver.the exhaustion of its Limit of Insurance. Such a leased "auto" will be considered a (2) Any organization that is acquired or covered "auto" you own and not a covered formed by you and over which you "auto" you hire.maintain majority ownership. However, the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization:(1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture,amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy,contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or(d) 180 days or more after its organization is an "insured", but onlyacquisition or formation by you, to the extent such person orunless you have given us notice of organization is liable for "bodilythe acquisition or formation. injury" or "property damage" causedCoverage does not apply to "bodily by the conduct of an "insured" underinjury" or "property damage" that results paragraphs a. or b. of Who Is Anfrom an "accident" that occurred before Insured with regard to theyou formed or acquired the organization. ownership, maintenance or use of aB. Employees as Insureds covered "auto." Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 1 of 5of ISO Properties, Inc., with its permission.) 57UEGHT8284 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C E.Primary and Non-Contributory ifTheinsuranceaffordedtoanysuch Required by Contractadditionalinsuredappliesonlyifthe "bodily injury"or "property damage"Only with respect to insurance provided to occurs:an additional insured in 1.D.-Additional (1)During the policy period, and Insured If Required by Contract,the following provisions apply:(2)Subsequent to the execution of such written contract, and (3)Primary Insurance When Required By Contract(3)Prior to the expiration of the period of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured.agreement that this insurance be primary.If other insurance is also (2)How Limits Apply primary,we will share with all that otherIfyouhaveagreedinawrittencontractinsurancebythemethoddescribedinorwrittenagreementthatanother Other Insurance 5.d.person or organization be added as an (4)Primary And Non-Contributory To Otheradditionalinsuredonyourpolicy,the Insurance When Required By Contractmostwewillpayonbehalfofsuch additional insured is the lesser of:If you have agreed in a written contract or written agreement that this insurance(a)The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance,this agreement; or insurance is primary and we will not(b)The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance. Such amount shall be a part of and not (3)(4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredintheDeclarationsanddescribedinthishasbeen added as an additional insured.Section. When this insurance is excess,we will have no (3)Additional Insureds Other Insurance duty to defend the insured against any "suit"if If we cover a claim or "suit"under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit".If no other insurer by other insurance available to an defends,we will undertake to do so,but we will additional insured,such additional be entitled to the insured's rights against all insured must submit such claim or "suit"those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity. insurance,we will pay only our share of the However,this provision does not apply amount of the loss,if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1)The total amount that all such otherthatthisinsuranceisprimaryandnon-insurance would pay for the loss in thecontributorywiththeadditionalinsured's absence of this insurance; andowninsurance. (2)The total of all deductible and self-insured (4)Duties in The Event Of Accident,Claim,amounts under all that other insurance.Suit or Loss We will share the remaining loss,if any,by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another 2.AUTOS RENTED BY EMPLOYEESpersonororganizationbeaddedasan additional insured on your policy,the Any "auto"hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2.-DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT,CLAIM ,SUIT by adding the following: OR LOSS –OF SECTION IV – BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 2 of 5of ISO Properties,Inc.,with its permission.) DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C 5 PHYSICAL DAMAGE -ADDITIONALIfan"employee’s"personal insurance also . TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhiredorrentedbyyour"employee"on your behalf and at your direction,this insurance will Paragraph A.4.a.of SECTION III -PHYSICAL be primary to the "employee’s"personal DAMAGE COVERAGE is amended to provide a insurance.limit of $50 per day and a maximum limit of 3.AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. 6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not Under SECTION III -PHYSICAL DAMAGE apply if you have workers'compensation COVERAGE,in the event of a total "loss"to a insurance in-force covering all of your covered "auto",we will pay your additional legal "employees".obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" insurance.and the "outstanding balance"of the loan/lease. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less If hired "autos"are covered "autos"for Liability any amounts representing taxes;overdueCoverageandifComprehensive,Specified payments;penalties,interest or chargesCausesofLoss,or Collision coverages are resulting from overdue payments;additionalprovidedunderthisCoverageFormforany mileage charges;excess wear and tear charges;"auto"you own,then the Physical Damage lease termination fees;security deposits not Coverages provided are extended to "autos" you returned by the lessor;costs for extendedhire or borrow,subject to the following limit. warranties,credit life Insurance,health,accidentThemostwewillpayfor"loss"to any hired or disability insurance purchased with the loan or "auto"is:lease;and carry-over balances from previous (1)$100,000;loans or leases. (2)The actual cash value of the damaged or 7.AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B.EXCLUSIONS -of (3)The cost of repairing or replacing the SECTION III -PHYSICAL DAMAGE damaged or stolen property,COVERAGE, the following is added: whichever is smallest,minus a deductible.The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that airbag. coverage. No deductible applies to "loss"caused 8.ELECTRONIC EQUIPMENT -BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverageisexcessoveranyothercollectible a.The exceptions to Paragraphs B.4 -insurance.Subject to the above limit,deductible EXCLUSIONS -of SECTION III -PHYSICAL and excess provisions,we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:covered "auto"you own. 4.c.4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solelyifitresultsfroman"accident",you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that,at the time of "loss", loss,subject to a maximum of $1000 per is:"accident". (1)Permanently installed in or upon This extension of coverage does not apply to the covered "auto";any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership),(2)Removable from a housing unit members (if you are a limited liability company),which is permanently installed in or members of their households.or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 3 of 5of ISO Properties,Inc.,with its permission.) DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C (4)Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc.company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system.the same "accident", the following applies: b.Section III –Version CA 00 01 03 10 of the (1)If the deductible under this Business Auto Business Auto Coverage Form,Physical Coverage Form is the smaller (or smallest) Damage Coverage,Limit of Insurance,deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2)If the deductible under this Business Auto the Business Auto Coverage Form,Physical Coverage Form is not the smaller (or Damage Coverage,Limit of Insurance, smallest)deductible,it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following:deductible. $1,500 is the most we will pay for "loss"in 12.AMENDED DUTIES IN THE EVENT OF any one "accident"to all electronic ACCIDENT, CLAIM,SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a.-solely for the reproduction of sound,and DUTIES IN THE EVENT O F ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS -of SECTION IV -BUSINESSthatreproduces,receives or transmits AUTO CONDITIONS that you must notify us of audio,visual or data signals which,at the an "accident"applies only when the "accident" istime of "loss", is:known to: (1)Permanently installed in or upon (1)You, if you are an individual;the covered "auto"in a housing, (2)A partner, if you are a partnership;opening or other location that is not normally used by the "auto"(3)A member,if you are a limited liability manufacturer for the installation of company;or such equipment; (4)An executive officer or insurance manager, if (2)Removable from a permanently you are a corporation. installed housing unit as described 13.UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a.above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3)An integral part of such equipment.existing at the inception date of your policy,we c.For each covered "auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only,our obligation to Form because of such failure. pay for,repair,return or replace damaged or 14.HIRED AUTO -COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraph e.of GENERAL CONDITIONS 7.-the applicable deductible shown in the POLICY PERIOD,COVERAGE TERRITORY -Declarations,or $250,whichever deductible is of SECTION IV -BUSINESS AUTO less. CONDITIONS is replaced by the following:9.EXTRA EXPENSE -BROADENED e.For short-term hired "autos",the coverageCOVERAGE territory with respect to Liability Coverage isUnderParagraphA.- COVERAGE -of SECTION anywhere in the world provided that if theIII-PHYSICAL DAMAGE COVERAGE,we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury"or "property damage"is "auto"to you.determined in a "suit," the "suit" is brought in 10.GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America,the territories and possessions of the United States ofUnderParagraphD.-DEDUCTIBLE -of SECTION America,Puerto Rico or Canada or in a III -PHYSICAL DAMAGE COVERAGE,the settlement we agree to.following is added: 15.WAIVER OF SUBROGATIONNodeductibleappliestoglassdamageifthe glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV -11.TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnderParagraphD.-DEDUCTIBLE -of SECTION adding the following:III -PHYSICAL DAMAGE COVERAGE,the following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 4 of 5of ISO Properties,Inc.,with its permission.) DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss,the most we will pay under this you have a written contract that requires such Hybrid,Electric,or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form."loss"is $10,000. 16.RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury"in SECTION V-a.A "non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following:uses only an internal combustion engine to move the auto but does not include autos"Bodily injury"means bodily injury,sickness or powered solely by electricity or natural gas.disease sustained by any person,including mental anguish or death resulting from any of b.A "hybrid"auto is defined as an auto with an these.internal combustion engine and one or more electric motors;and that uses the internal17.EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2.of the COMMON POLICY motors to move the auto,or the internal CONDITIONS -CANCELLATION -applies combustion engine to charge one or more except as follows:electric motors, which move the auto. If we cancel for any reason other than 19.VEHICLE WRAP COVERAGEnonpaymentofpremium,we will mail or deliver In the event of a total loss to an "auto"for whichtothefirstNamedInsuredwrittennoticeof Comprehensive,Specified Causes of Loss,orcancellationatleast60daysbeforetheeffective Collision coverages are provided under thisdate of cancellation. Coverage Form,then such Physical Damage18.HYBRID,ELECTRIC,OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive,Specified Causes of which are displayed on the covered "auto"at theLoss,or Collision coverages are provided under time of total loss.Regardless of the number ofthisCoverageForm,then such Physical autos deemed a total loss,the most we will pay Damage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid"auto or any one "loss"is $5,000.For purposes of this an auto powered solely by electricity or natural coverage provision,signs or other graphics gas,we will pay an additional 10%,to a painted or magnetically affixed to the vehicle are maximum of $2,500,of the "non-hybrid"auto’s not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 5 of 5of ISO Properties,Inc.,with its permission.) DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 1 of 6 Process Date:11/19/20 Policy Expiration Date:12/31/21 © 2000, The Hartford WORKERS’ COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number:57 WEG ZT6864 Endorsement Number: Effective Date:12/31/20 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:WILSEY HAM, INC. 3130 LA SELVA ST STE 10SAN MATEO CA 94403 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION I PARTS ONE and TWO 01 We Will Also Pay PART - THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION II VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A.How This Insurance Applies B.We Will Pay C.Exclusions D.Before We Pay E.Recovery From Others F.Employers’ Liability Insurance EMPLOYERS’ LIABILITY STOP GAP ENDORSEMENT 06 Employers’ Liability Stop Gap Coverage A.Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 B.Part One Does Not Apply C.Application of Coverage D.Additional Exclusions E.West Virginia EXTENDED OPTIONS 01 Employers’ Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A.How This Reimbursement Applies B.We Will Reimburse C.Exclusions D.Before We Pay E.Recovery From Others F.Reimbursement For Actual Loss Sustained G.Repatriation H.Endemic Disease 05 Longshore and Harbor Workers’ Compensation Act Coverage Endorsement SECTION III 01 Schedule of Covered States 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 2 of 6 SECTION I PARTS ONE and TWO 1.WE WILL ALSO PAY D.We Will Also Pay of Part One (WORKERS’ COMPENSATION INSURANCE); and E.We Will Also Pay of Part Two (EMPLOYERS’LIABILITY INSURANCE)is replaced by the following: We Will Also Pay We will also pay these costs,in addition to other amounts payable under this insurance, as part of any claim,proceeding,or suit we defend: 1.reasonable expenses incurred at our request,INCLUDING loss of earnings; 2.premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3.litigation costs taxed against you; 4.interest on a judgment as required by law until we offer the amount due under this law; and 5.expenses we incur. PART THREE 2.How This Insurance Applies Paragraph 4.of A.How This Insurance Applies of Part 3 (Other States Insurance)is replaced by the following: 4.If you have work on the effective date of this policy in any state not listed in Item 3.A.of the Information Page,coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3.Transfer Of Your Rights and Duties C.Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death,we will cover your legal representative as insured. 4.Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge,the broader coverage will apply to this policy.It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION ANDEMPLOYERS’ LIABILITY COVERAGE 5.Voluntary Compensation Insurance A.How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease.Bodily injury includes resulting death. 1.The bodily injury must be sustained by any officer or employee not subject to the workers’compensation law of any state shown in Item 3.A.of the Information Page. 2.The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A.of the Information Page. 3.The bodily injury must occur in the United States of America,its territories or possessions,or Canada,and may occur elsewhere if the employee is a United States or Canadian citizen,or otherwise legal resident,and legally employed,in the United States or Canada and temporarily away from those places. 4.Bodily injury by accident must occur during the policy period. 5.Bodily injury by disease must be caused or aggravated by the conditions of the DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 3 of 6 officer’s or employee’s employment.The officer’s or employee’s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B.We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers’ compensation law of any state shown in Item 3.A.of the Information Page.We will pay those amounts to the persons who would be entitled to them under the law. C.Exclusion This insurance does not cover: 1.any obligation imposed by workers’ compensation or occupational disease law or any similar law. 2.bodily injury intentionally caused or aggravated by you. 3.officers or employees who have elected not to be subject to the state workers’ compensation law. 4.partners or sole proprietors not covered under the Standard Sole Proprietors, Partners,Officers and Others Coverage Endorsement. D.Before We Pay Before we pay benefits to the persons entitled to them, they must: 1.Release you and us,in writing,of all responsibility for the injury or death. 2.Transfer to us their right to recover from others who may be responsible for the injury or death. 3.Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things,our duty to pay ends at once.If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E.Recovery From Others If we make a recovery from others,we will keep an amount equal to our expenses of recovery and the benefits we paid.We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others,they must reimburse us for the benefits we paid them. F.Employers’ Liability Insurance Part Two (Employers’Liability Insurance)applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5.does not apply in New Jersey or Wisconsin. EMPLOYERS’ LIABILITY STOP GAP COVERAGE 6.Employers’ Liability Stop Gap Coverage A.This coverage only applies in Montana,North Dakota,Ohio,Washington,West Virginia and Wyoming. B.Part One (Workers’Compensation Insurance) does not apply to work in states shown in Paragraph A above. C.Part Two (Employers’Liability Insurance)applies in the states,shown in Paragraph A.,as though they were shown in Item 3.A.of the Information Page. D.Part Two,Section C.Exclusions is changed by adding these exclusions. This insurance does not cover; 5.bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur.However,the cost of defending such claims or suits in Ohio is covered. 13.bodily injury sustained by any member of the flying crew of any aircraft. 14.any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers’compensation law or laws of a state shown in Paragraph A. E.This insurance applies to damages for which you are liable under West Virginia Code Annot.S 23- 4-2. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 4 of 6 EXTENDED OPTIONS 1.Employers’ Liability Insurance Item 3.B.of the Information Page is replaced by the following: B.Employers’ Liability Insurance: 1.Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2.The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2.Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception date of your policy,we shall not deny coverage under this policy because of such failure. 3.Waiver of Our Right To Recover From Others A.We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B.This provision 3.does not apply in the states of Pennsylvania and Utah. 4.Foreign Voluntary Compensation and Employers’ Liability Reimbursement A.How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1.The bodily injury must be sustained by an officer or employee. 2.The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1.of this provision. 3.Bodily injury by accident must occur during the policy period. 4.Bodily injury by disease must be caused or aggravated by the conditions of your employment.The officer or employee’s last exposure to those conditions of your employment must occur during the policy period. B.We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1.voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers’compensation law of the state of hire of the individual employee. 2.sums to which Part Two (Employers’Liability Insurance)would apply if the Country of Employment were shown in Item 3.A.of the Information Page. C.Exclusions This insurance does not cover: 1.any occurrences in the United States, Canada,and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2.any obligation imposed by a workers’ compensation or occupational disease law, or similar law. 3.bodily injury intentionally caused or aggravated by you. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 5 of 6 4.liability for any consequence,whether direct or indirect,of war,invasion,act of Foreign enemy,hostilities (whether war be declared or not),civil war,rebellion, revolution,insurrection or military or usurped power.No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D.Before We Pay Before we reimburse you for the benefits to the persons entitled to them,you must have them: 1.release you and us,in writing,of all responsibility for the injury or death, 2.transfer to us their right to recover from others who may be responsible for their injury or death, 3.cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things,our duty to reimburse ends at once.If they claim damages from us for the injury or death,our duty to reimburse ends at once. E.Recovery From Others If we make a recovery from others,we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it.If persons entitled to the benefits make a recovery from others,they must repay us for the amounts that we have reimbursed you. F.Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain.In order for you to recover loss or expenses under this reimbursement you must: 1.actually sustain and pay the loss or expense in money after trial, or 2.secure our consent for the payment of the loss or expense. G.Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1.to the amount by which such expenses exceed the normal cost of returning the officer or employee if in good health, or 2.in the event of death,to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.B. of the Information Page as respects any one such officer or employee whether dead or alive. H.Endemic Disease The word “disease”includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers’ compensation law. 5.Longshore and Harbor Workers’Compensation Act Coverage General Section C.Workers’Compensation Law is replaced by the following: C.Workers’ Compensation Law Workers’Compensation Law means the workers or workers’compensation law and occupational disease law of each state or territory named in Item 3.A.of the Information Page and the Longshore and Harbor Workers’Compensation Act (33 USC Sections 901-950).It includes any amendments to those laws that are in effect during the policy period.It does not include any other federal workers or workers’compensation law,other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers’Liability Insurance),C. Exclusions,exclusion 8,does not apply to work subject to the Longshore and Harbor Workers’ Compensation Act. This coverage does not apply to work subject to the Defense Base Act,the Outer Continental Shelf Lands Act,or the Nonappropriated Fund Instrumentalities Act. DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)Page 6 of 6 SECTION III 1.SCHEDULE OF COVERED STATES A.This endorsement only applies in the states listed in this Schedule of Covered States. B.If a state,shown in Item 3.A.of the Information Page,approves this endorsement after the effective date of this policy,this endorsement will apply to this policy.The coverage will apply in the new state on the effective date of the state approval C.Schedule of Covered States: CA Countersigned by Authorized Representative DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C EXHIBIT D FORM 590 DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1Exhibit C City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. Report regarding a resolution approving a consulting services agreement with Wilsey Ham of San Mateo, California for design services of the Harbor Master Spit Project (Project No.pf2002)in an amount not to exceed $461,655,authorizing the City Manager to execute the agreement,and authorizing a total design budget of $508,000. (Matthew Ruble, Principal Engineer). RECOMMENDATION Staff recommends that the City Council adopt a resolution approving a consulting services agreement with Wilsey Ham of San Mateo,California for design services of the Harbor Master Spit Project (Project No.pf2002)in an amount not to exceed $461,655,authorizing the City Manager to execute the agreement, and authorizing a total design budget of $508,000. BACKGROUND/DISCUSSION The Oyster Point Peninsula is located near the end of Oyster Point Boulevard in South San Francisco adjacent to the San Francisco Bay.Historically,the area operated as a Class III municipal landfill from 1956 to 1970. Landfill closure activities were performed around the site in the 1970’s and 1980’s,in accordance with state regulations at the time.Improvements were installed over the refuse,including a harbor,marina facilities,park area, roads, utilities, walkways, and other features. More recently,additional development was entitled on the Oyster Point Peninsula consisting of new streets and utilities,office and Research and Development (R&D)buildings,a park,a hotel,and open space.Phase IC improvements,which are under construction,are located on the western half of the Oyster Point Peninsula. Phase IIC is on the City-owned property on the eastern half of Oyster Point Peninsula and currently consists of the Harbor Master Spit (HMS),an office building,a ferry terminal,docks,a boat launch ramp,a yacht club, three bathrooms, a picnic area, pedestrian trails, and parking lots. The HMS is approximately one acre in size with a paved roadway (Harbor Master Road),which leads to the San Mateo County Harbor District Office Building (Attachment 1).In 2017,the City conducted a study that established the Sea-Level Rise (SLR)design criteria for the Oyster Point Development Project.Parking lots and bay trails will be designed to be resilient to the year 2050 SLR Base Flood Elevation (BFE)and adaptable to the year 2100 SLR BFE,as determined by the Federal Emergency Management Agency (FEMA).Buildings will be designed to be resilient until the year 2100 SLR BFE.With the assumption that there will be a building in this location, the City intends to grade the HMS to the 2100 SLR BFE. Per environmental regulations,the City is required to eliminate flooding over the landfill.The extent of the landfill in this area has not been verified but is believed to be beyond the high tide line.The overall strategy is to identify the landfill limits, install structural containment system and add appropriate fill above the SLR BFE. City of South San Francisco Printed on 11/4/2020Page 1 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. Overview of City’s procurement process The City’s procurement process is governed by both state and local law.State law requires contracts for construction to be competitively bid pursuant to a set of specific,established rules.In particular,the City is required to award construction contracts to “lowest responsible bidder”after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However,in awarding contracts for the purchase of professional services,equipment and supplies,like for the procurement of the ATSPM system,the City has some latitude.State law requires the City to adopt regulations and policies to govern such service and supplies procurement,but otherwise provides the City flexibility in determining relevant requirements as long as they are consistent with applicable state law.(Gov.Code § 54202.)Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV, No. 1) govern the City’s purchasing policies and contract procurement processes. The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code,and generally involve any construction project that is paid with public funds or those projects involving improvements,demolition or other work on public property or facility.Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work.Under the City’s policy,different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts,cost is generally the sole determining factor and the lowest responsible bidder is, awarded the project even if another bidder appears to be more skilled but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods,supplies,and professional services. These rules do not apply to, and may not be used for public construction projects. Contracts for the purchase of goods and services that exceed $10,000 require staff to utilize open market procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are informal offers to perform work at a stated price.If the contract is greater than $25,000,staff will be required to solicit the project,such as issuing a Request for Proposals (“RFPs”)and obtain at least three written responses. Under this vendor selection process,cost can be only one factor in determining which vendor the City will ultimately select for services,equipment or supplies.This requirement is similarly reflected under SSFMC § 4.04.080. Thus,when utilizing the open market vendor selection process,the City is focused on the skill,ability,and City of South San Francisco Printed on 11/4/2020Page 2 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. Thus,when utilizing the open market vendor selection process,the City is focused on the skill,ability,and expertise of the entity or person to be able to provide the service,equipment or goods to the City.The selection is based on competence,professional qualifications,and overall value to the City with cost being only one factor in the determination of an award. Federally Funded Procurements for Vendors (Supplies and Equipment) Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions.The City’s Purchasing Procedures also provides guidance on procuring supplies and equipment contracts that are federally funded.Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor.It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law.Each evaluation is a nondiscrimination and equal opportunity for all vendors. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural,engineering,environmental,land surveying,or construction project management,the Government Code also specifically requires that such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §4526.)Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services, the City does not necessarily receive the best value when it pays the lowest price.(See e.g.California Attorney General Op. No. 94-819 (February 9, 1995)). General Request For Proposals (RFP) Review Process RFPs are the City’s primary method to procure equipment,materials,supplies,and professional services. Typically,this process consists of the City issuing the RFP for proposals from consultants to demonstrate their qualifications and abilities to provide the City with desired professional services such as architectural, engineering,environmental,land surveying,or construction project management.The City’s RFP will contain evaluation and scoring criteria used to rank vendor candidates based on the strength of their proposals. The City assembles an evaluation panel comprised primarily of City staff and third party consultants and personnel as necessary,to review and score the proposals,negotiate with the top-ranked candidate,and recommend the selection for City Council approval.Staff will also maintain records of the method of evaluation, final vendor selection and negotiations for a final contract. Once candidates are ranked and a top-ranked candidate is identified,staff will negotiate terms of the contract with that candidate.The final award of the contract is subject to consideration and approval by the City Council.Staff will present the selection recommendation to the Council and prepare a resolution awarding the contract to the recommended candidate.If the Council does not support staff’s recommendation,then it could elect not to take any action on the resolution or contract award,and may instead direct staff to either reconsider the other proposals selected or to re-issue the RFP which may include additional or different selection criteria and qualification requirements. On July 24,2020,staff issued a Request for Proposal (RFP)for design services of the HMS Project on the City of South San Francisco Printed on 11/4/2020Page 3 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. On July 24,2020,staff issued a Request for Proposal (RFP)for design services of the HMS Project on the City’s contract procurement software ProcureNow. The RFP identified the following tasks for the project: 1.Project Management and Coordination 2.Record Search and Site Investigation 3.Development of Alternatives and Recommendations 4.Preliminary Design 5.Environmental Permitting and Clearance 6.Public Outreach 7.65% Design 8.Pre-Final 95% Design 9.Final Bid Documents 10.Bid and Construction Support Services These scope items represent what the City envisions the overall HMS Project will entail.Since there are numerous unknowns regarding the final design,the RFP requested fee proposals to include only items 1 through 4.Staff also contacted five engineering firms in Northern California known to do this type of design work to solicit their participation.Only two firms,BKF and Wilsey Ham,expressed interest.On August 28, 2020,the City received proposals from BKF and Wilsey Ham.Staff convened a panel to review the submitted proposals and interviewed the firms on September 16 and 17.The panel,consisting of three staff members, independently rated the firms’proposals and interviews in accordance with weighted criteria outlined in the RFP.The panel found both firms to be responsive to the RFP requirements and qualified to perform the scope of work but ranked Wilsey Ham better qualified.Wilsey Ham has demonstrated that they have the staff availability and the expertise for the design of the HMS Project. In their original proposal,Wilsey Ham had anticipated additional items that may be needed for completion of a successful and timely project.The approach was presented under the assumption that the HMS Project will be a new and separate project from the Oyster Point Development Phase IC Project currently under construction. After the City reviewed the proposal,staff met with Wilsey Ham twice on September 21 and October 15,2020 to discuss in detail the City’s vision of the HMS Project.During the meetings,the City indicated that they viewed this project as an extension of the current Phase IC Project,which would allow the consultant to leverage existing data and permitting from Phase IC for the HMS Project.The approach would reduce the costs and schedule for investigations and studies to determine the limits of the landfill.Staff requested that Wilsey Ham submit a revised proposal to include only the first three tasks instead of the first four in the RFP.The revised proposal would also include costs related to the initial consultation with regulatory agencies and preparation of exhibits of the limits of the landfill and preliminary boundary wall layouts for the City’s internal coordination between departments. The Wilsey Ham design team revised the scope of work and approach,project schedule,and fee proposal (Attachments 2, 3, and 4) with the following changes: ·Instead of excavating below the high tide line to expose and visually determine the limits of the landfill,a site survey will be performed using a magnetometer and electromagnetic terrain conductivity meter.This technology was successfully used to determine the depth and composition of the landfill in the Phase IC Project.By using this approach,the investigative costs were significantly reduced,and the project schedule would be reduced by six months. ·Additional cost reduction was also achieved by leveraging existing data and knowledge to further City of South San Francisco Printed on 11/4/2020Page 4 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. ·Additional cost reduction was also achieved by leveraging existing data and knowledge to further reduce the geotechnical work items from the scope of work such as the need for additional soil borings. ·The investigation of the existing clay cap was removed from the scope since it would be much less expensive to build a new clay cap as part of the proposed engineered fill than to evaluate and repair the existing clay cap. ·Soil analytical work was also eliminated since this project will fill the spit site so soil export and disposal are not anticipated. ·Since the City is looking for the most cost-effective approach to address the regulatory deficiencies of the site while allowing for future development,the structural evaluation will focus on options that meet these needs.Instead of fully developing and performing detailed evaluations of five design options,the scope of work was reduced to develop and evaluate two of the three conceptual options to be presented to the City. ·Regulatory permitting was revised to incorporate a permitting strategy based on approved permits issued for the Phase IC Project.By presenting the HMS Project as a continuation of the Phase IC Project, there will be a good chance of success in obtaining a permit amendment from the San Francisco Bay Conservation and Development Commission (BCDC),along with permit amendments or new permits from other relevant agencies. Wilsey Ham submitted a revised fee proposal in the amount of $461,655,which staff has reviewed and determined to be consistent with industry standards.Based on the submitted project schedule,it is anticipated that the first three tasks in this initial award can be completed by mid-2021. FISCAL IMPACT It is intended that this project will be funded by $350,000 in General Fund,which is programmed in the City’s Capital Improvement Program (CIP),plus an additional matching $350,000 of C/CAG Technical Assistance (TA)Grant funds for a total of $700,000.Wilsey Ham’s Fee Proposal for this initial phase of the project is $461,655.A 10%design contingency of $46,345 will be included for a total design budget of $508,000.There are sufficient funds for the award of this contract. Wilsey Ham Fee Proposal $461,655 Design Contingency (10%)$ 46,345 Total Project Design Funding $508,000 Available Total Project Budget $700,000 City of South San Francisco Printed on 11/4/2020Page 5 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C File #:20-842 Agenda Date:11/9/2020 Version:1 Item #:15. This project is included in the City of South San Francisco’s fiscal year 2020-21 Capital Improvement Program (Project No. pf2002) and is funded by the General Fund with a matching C/CAG TA Grant Fund. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life (Priority 2) by protecting the environment, and creating an opportunity for future development. CONCLUSION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a consulting services agreement with Wilsey Ham based on the firm’s expertise,experience,qualifications,resources, project understanding, and positive references. Attachments: 1.Aerial Photo 2.Scope of Services 3.Preliminary Schedule 4.Wilsey Ham Negotiated Fee 5.BKF Proposal 6.Wilsey Ham Proposal 7.Consultant Rating 8.PowerPoint Presentation City of South San Francisco Printed on 11/4/2020Page 6 of 6 powered by Legistar™ DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C DocuSign Envelope ID: 05F3A50C-5653-4AD9-8278-B7125865D6E1 Exhibit C