HomeMy WebLinkAboutReso 133-2024 (24-660)SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO
AND CSS ENVIRONMENTAL SERVICES, INC
THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at
South San Francisco, California, as of June 30, 2024, by and between THE CITY OF SOUTH
SAN FRANCISCO (“City”), a municipal corporation, and CSS ENVI RONMENTAL
SERVICES, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as
follows:
RECITALS
A. On March 14, 2018, City and Contractor entered a certain t hree-year Consulting
Services Agreement (“Agreement”) whereby Contractor agreed to provide
Environmental Monitoring and Reporting Services in an amount not to exceed
Two Hundred Thirty -Three Thousand Nine Hundred Ten Dollars ($233,910). A
true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. The First Amendment to the Agreement was made on June 30, 2021, for a 3-year
extension with an intended One Hundred Thousand Dollar ($1 00,000) per fiscal
year authorization limit. A true and correct copy of the First Amendment and its
exhibits not inclusive of the original agreement attached as Exhibit A is attached as
Exhibit B.
C. 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 1.1: Term of Services is hereby amended as follows:
The June 30, 2024, end date for the Term of Services is hereby replaced with
June 30, 2026.
3. Section 2: Compensation is hereby amended as follows:
Compensation shall be amended such that the City agrees to pay Consultant
a sum not to exceed Seven Hundred Ninety Thousand Nine Hundred
Forty-Nine Dollars ($790,949.00) with an understanding that up to Five
Hundred Thirt y-Three Nine Hundred Nineteen Dollars ($533,919.00) has
been committed in prior years.
Consultant and City agree that this is the City’s total compensation of costs
under the Agreement unless additional compensation is authorized in
accordance with the terms of the Agreement. Any additional compensation
shall be mutually agreed to by and between the Parties in writing.
Consultant’s updated Cost Proposal attached to the Agreement as Exhibit B
and to the First Amendment as Exhibit B.1 is hereby amended and replaced
with Exhibit B.2, attached to this Second Amendment.
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 Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
Dated:
CITY OF SOUTH SAN FRANCISCO CSS ENVIRONMENTAL SERVICES, INC.
By: By:
Sharon Ranals, City Manager Consultant
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CONSULTING SERVICES AGREEMENT BETVTEEN
THE CTTY OF SOUTH SAN FRANCISCO AND
CSS ENVIRONMENTAL SERVICES, INC,
THIS AGREEMENT fur consulting services 'rs made by and betY'ieen he city of south san
Francisco ('Citf) and CSS Envimnmental Services, lnc. fconsultanf) (together sometimB refened to as
the 'Parlies') as of March 14, 2018 (the'Efiective Date').
Section 1. SER\4eEg. Sublec{ to $re terms and conditions set forth in this Ageement, Consulhnt
I[Iit o-poviAe to CitV tre services described in the Smpe of Wort atbched heroto and inmrporated herein
as gr;niUit R. at the tlme and place and in the manner specified therein. ln h6 o\Ent of a conflict in or
inconsisnnry bet',veen the terms of thb Agreement and l$l!!!.$ the Agreement shall prevail'
l.l Term of Servlces. The term of this Agreement shall begin on $e Efiectiw Date and shall
end on June 30, 2021, the date of mmpletion speclfied ln E$ibit A. and Consultant shall
complete he uo* described in Exhibit A on or beforc that dde, unless the term of he
Agreement is othenrvise terminated or etGnded, as pmMded for in @l@!. The time
pmvided to Consultant to mmpleb tro services rcquircd by this Agreement shall not aftct
the Cil/s right to terminate $e Agrcement, as provided fur in Section 8.
1.2 Slandad ol Perfomance. Consultant shall perform all work required by lhis Agreement
in a substantial, first+lass manner and shall conhrm to the standards of quality normally
observed by a person praclicing in Consultanfs prohssion.
't,3 Assionment of Pemonnel. Consultant shall assign only competent personnel to perhrm
seNices putsuant to this Agreement ln the ewnt 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 upn receiving notice fiom City of such deske of City,
reassign such person or persons.
1.4 fug Consultant shall devote such time to the porfomance of services puEuant to this
Agreement as may be rcasonably necessary to meet the shndard of performance
provided in Sections 1.1 and 1 .2 above and to satisfl Consultants obligations hereunder,
Sec{lon 2. COMPEIISATION. City hereby agrees to pay Consultant a sum not h exceed Two
Hundred Thirty Three Thousand Nine Hundred Ten Dollars ($233,910) notwihstanding any contrary
indications that may bo contained in Consultanfs proposal, 6r seMces to be performed and reimbunsable
costs incurcd under $is Agreemen[ In the event of a conflic't between this Agreement and Consullant's
proposal, attached ae Exhibit A. or Consultanfs compensation schedule, attached as Exhibit B. rcgarding
the amount of compensation, the Agreement shall prcvail. City shall pay Consultant for seMces rendercd
pursuant to this Agreement al the time and in the manner set for$ herein. The payments spcified below
shall be lhe only payments from City to Consultant for seMcos rendered pucuant to this Agreement.
Consultant shall submit all inroices to City in the manner specified herein. Except as specilically
authorized by City in wdting, Consultrnt shall not bill City for duplicate seMces performed by more than
one peEon.
EXHIBIT A
Consultant and City acknowledge and agree that compensalion paid by City to Consultant .under this
Agreement is base'd upon Consultanfs estimated costs of providing the services required herermder'
iniluding salaries and benefib of employees and subcontraciors oJ Consulhnt. Consequently, he Padies
further furee grat ompensalion hereunder is inbnded to include the cosb of conlributions to arry pensions
and/or ainuities to which Consultant and its employees, agents, and subcontradors may be eligible. City
thereforc hag no rcsponsibility for such contribulions bepnd compensation mquired under this {greement.
2,1 lnvolces. Consultant shall submit inroices, not more often han once per month dudng
the term of this Agreement, based on ttre ost for all services performed and rcimbursable
ccb incuned prior to the in\oice date. lnvoices shall contain all tp fullowing lnformation:
. Sorial identifications of progress bills (i.e., Prcgrcss Bill No, 1 for he first invoice,
eb);
' Ihe beginning and ending dabs ofthe billing pedod;. A task summary contrining the original contract amount, the amount of prior
billings, te tohl due this period, the balance available under the Agrcement and
the percentago of complefon;. At Citlis option, fur each mrk item in each tash I copy of the applicable time
enfles or tlme sheeb shall be submitted showing the name of he person doing
the work, the hours spent by each person, a brief description of he uork, and
each reimbursablo expense;. The htal number of hours of uprk performed under the Agreement by each
employee, agent, and subcontmctor of Consultant perhrmlng seMces hereunder;. Consulhnt shall give separate notice to the Cig when the htal number of hours
vioiled by Consultant and any indMdual employee, agent or subcontractor of
Consultant roaches or exceeds eight hundted (800) hours w'tiin a tv'elw (12)-
month period undet this Agrcement and any oher agreement betuaen Consultant
and City. Such nolice shall include an estimate of he time necessary to complete
uork descdbed in ftfi!!fu\ and the estimde of time necessary to complote wod(
under any other agreement between Consulhnt and City, if applicable.. The amount and purpose of acfual expenditures for which rcimbursement is
sought;. The Consutlants signatrre.
2.2 Monthlv Pavmenl City shall make monthly paymenb, based on invoices received, for
services satisfactorily peftmed, and br authodzed reimbursable costs incuned. City
shall have thirty (30) days ftom the receipt of an invoice that complies with all of ttre
requircments above to pay Consultant. Each invoice shall include all expenses and
ac{ives performed during the invoice period fur which Consultant oxpects b receive
payment.
2.3 Flnal Pavment. City shall pay the fi\,e percent (5%) of the total sum due punuant to this
Agreement within sixty (60) days after completion of the servicos and submittal to City of a
final invoice, if all seMces required haw been sdsfactorily performed.
2,4 Totel Pavmont. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. C'rty shall not pay any additional sum for any expense or cost wtratsoever
2.5
2.6
incuned by Consultant in rendering services pursuant to this Agreement. Ci$ shall make
no payment fur any extm, further, or additional service pursuant to lhis Agreement. ln no
event shall Consulhnt submit any inrmice fur an amount in excess of the maximum
amount of compensation provided above either for a task or for he entire Agreement,
unless lhe Agreement ls modified prior to tre submission of such an inroice by a pmpedy
executed change order or amendment.
Hourlv Foes. Fees for urork perfurmed by Consultant on an hourly basis shall not exceed
the amounh shown on he compensation schedule athched hereto and incorporated
herein as Exhib'rt B.
Reimbursable Exoeneea, The fullowing constitute reimburcable expenses authorized by
tlris Agreemen[ mileage, parking, tolls, printing, out of ar€a travel, conference calls,
postage, express mail, and delivery.. Reimbursable epenses shall not eloeed One
Thousand Dollars ($1,000). Epenses not llsted abow are not chargeable to City.
Reimbursable expenses ale included in tn total amount of compensation provided under
Section 2 of this Agreement thal shall not be exceedod.
Paunent of Taxes: Tax llllthholdlno. Consultant is solely responsible for the payment of
employment taxes lncuned under this Agreement and any similar federal or state taxes. To
be exempt fiom tax withholding, Consultant must provide Cfi with a valid Califomia
Franchise Tax Board brm 590 ('Form 590'), as may be amended and such Form 590
shall be attached hereto and inorporated herein as Exhibit C. Unless Consultant pmvides
City with a valid Form 590 or other valid, wrtttgn evidence of an exemption or waiver ftom
withholding, City may withhold Calihrnia taxes ftom paymenb to Consullant as required
by law. Consultant shall obtain, and maintain on file fur three (3) years after the termination
of this Agreemenl Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Coneultant accepts sole responsibllity br withholding taxes from any non-
Califomia resident subconhactor and shall submit wriften documentation of compliance
with Consultanfs withholding duty to City upon r€quest.
Pavment uoon Terminatlon, ln the event that the City or Consultant terminates this
Agreement pursuant to Seciion 8, the City shall compensate the Consultant for all
outstanding cos-ts and reimbursable expenses incuned for work gaflsfac{orily completed m
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheeb to veilfy msts incuned lo thal date.
2.7
2.8
2.9 Authorlzation to Perform Services, The Consultant is not authorized to perform any
seMces or incur any costs whatsoever under fire terms of tris Agreenrent until recaipt of
auhorization trom the Contact Adminisfrator.
2.10 False Clalms Act, Presenting a false or fiaudulent claim br payrnent, including a change
order, is a Molation of the Califomia False Claims Act and may result in treble damages
and a fine offive thousand (95,000) to ten thousand dollars ($10,000) per violation.
Prevalllng Wage, Where applicable, the wages to be paid for a da/s work to all classes
of laborers, workmen, or mechanics on the u/ork contemplated by fris Agreement, shall be
2.11
not less than the prer/lailing rate br a da/s wod< in the same trade or occupation in ffu
locality within the state wtrere the work hercby contemplatm to be peftrmed as
detormined by the Director of lndustrial Relations pursuant to the Dimcto/s authority under
Labor Code Section 1770, et seq. Each laborer, uorker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided br. The
Consultant shall pay tuo hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty fur each worker paid l6ss than
prevailing rate of per diem wages. The difierence between fre prevailing nate of per dlem
wages and the wage paid to each uorker shall be paid by fie Consulhnt to each uorker.
An emor on the part of an awarding body does not relieve the Consultant from
responsibility fur payment of the prevailing rah of per diem wages and penalties pursuant
to Labor Code Sections 1770 175. The City will not recognize any claim fur additional
compensation because of the payment by the Consultant fot any wage rate in elaess of
prevailing uage rate set forh. The pmsibility of wage increases is one of the elements to
be mnsidered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. lf ffte schedule of
prevailing wage rates ls not attached hereto pursuant to Labor Code Section 1713,2, the
Consulhnt shall post at appropriate consphuous points at the site of the project a
schedule showing all determined prevailing urage rales for lhe various classes of laborers
and mechanics to be eryaged in uo* on the project under this contract and all
deductions, if any, required by law to be made hom unpaid wages actually eamed by the
laborers and mechanics so engaged.
b. Payroll Remrds. Each Consultant and subconbactor shall keep an accurate
payroll record, showing the name, addrcss, social security number, wo* week, and the
actual per diem wages paid h each joumeyman, apprentice, worker, or o$er employee
employed by the Consultant in connection with the public rmrk. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.'
Section 3. FACIUTIES AND EOUIPMENT. E:<cept as set forth herein, Consultant shall, at its sole
msl and expense, provide all facilities and equipment that may be necessary to perbrm the services
required by ttis Agreement. City shall make available to Consulbnt only the facilities and equipment listed
in lhis section, and only under the tems and conditions set furth herein,
City shall fumish physical facilities such as desks, filing cabineh, and conference space, as may be
reasonably necessary for Consultanfs use while consulting wilh Gity employees and reviewing records and
the information in poosession of the City. The location, quantity, and time of fumishing those facilities shall
be in the sole discretion of Cig. ln no eront shall City be obligated to fumish any facility that may involve
incuring any direc't expense, including but not limited to computer, longd'tstance telephone or other
communicalion charges, vehicles, and reproduction facilities.
Section4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless othenrrise specified below, shall procure the gpes and
amounls of insurance lisled below against claims for injuries to persons or damages to property that may
arise fiom or in connection with the perbrmance of the work hereunder by the Consultant and its agents,
rcpresontatives, employees, and subcontractors. Consbtent with tte following provisions, Consultant shall
provide proof satisfactory to Cig of such insurarre that meeb the requirements of this section and under
forms of insurance satisfaclory in all rcspects, and that such insurance is in efect pdor to beginning uork to
the City. Consulhnt shall maintain the insurance policies rcquired by this section throughout the term of
his Agreement. The mst of such insurance shall be included in he Consultants bid. Consullant shall not
allow any subconbactor to commence wDrk on any subconlract until Consultant has obbined all insurance
required herein for lhe subconhacto(s). Consulhnt shall maintain all required insurance listed herein br
he duration of this Agreement.
4.1 Wod<ers' Compensatlon. Consulhnt shall, at its sole cost and expense, maintain
Shtutory Workers' Compensation lmurancs and Employe/s Liability lnsurance for any
and all persons employed direc'tly or indirectly by Consulbnt. The Statutory Workers
Compensation lnsurance and Employe/s Liability lnsutance shall be povided wilh limib of
not less than $1,000,000 p€r accident. ln ttre altemative, Consultant may rcly on a self-
insuran@ program to meet those requircmenb, but only if he program of self-insurance
complies fully with the provisions of lhe Califomia Labor Code. Determination of whether a
self-insurance program meeb the standads of the Labor Code shall be solely in he
discrction of fie Confact Administrator, as defined in Section 10.9. The insurer, if
insurance is provided, or he Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and lts officers, officials, employees, and
wluntees for loss arising fmm uork perfurmed under this Agreement.
4,2 Commercial General and Automobile Liabilitv lnsurance.
4,2,1 General reouirements. Consultant, at ib own mst and gxpense, shall mainhin
commercial general and automobile lhbil'tty insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per
o@urence, mmbined single limit coverage br dsks associated wih he uork
contemplated by this Agmement. lf a Commercial General Liability lnsuftmce or an
Automobile Liability turm or o$er form wilh a general aggcgate limit is used,
eiher the general aggregate limit shall apply separately to the uork h be
performed under $is Ageement or he general aggregate limit shall be at least
twice the requircd occunence limit. Such covemge shall include but shall not be
limited to, protection against claims arising from bodily and personal inJury
including death resulting therefrom, and damage to propefty resulting fiom
activities contemplated under this Agreement including lhe use of owned and non-
owned automobiles.
4.2,2 Minimum scope of coveraqe, Commercial general covenage shall be at least as
broad as lnsurance Services ffice Commercial Genenl Liability occunence fom
CG 0001 or GL 0002 (most recent editions) covering comprchensive General
Liability lnsurance and Services ffice brm number GL 0404 covering Broad
Form Comprehensive General Liability on an 'occunence' basis. Automobile
coverage shall be at least as broad as lnsurance Services ffice Automobile
Liability brm CA 0001 (most recent edition). No endorsemenl shall be attached
limiting the coverage.
4.2.3 Addltlonal rcouircmenb. Eadr of the following shall be included in he
insurance coverage or added as a certified endooement b the policy:a. The lnsurance shall co\rer on an o@urence or an accident basb, and not
on a claims{ade basis,b. Any fallure of Consultant to comply with rcprting prcvisions of the policy
shall not afiec't coverage provided to City and its offcers, employees,
agents, and rolunteens.
4.3 ProfessionalLiabilitvlnsurance,
4.3.1 General requirements. Consultant, at ils own cost and expense, shall mainlain
for the pedod cowred by this Agreement profussional liability insurance fur
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covoring tho licensed
professionals' enorc and omissions, Any deductible or self-insured retention shall
not exceed ONE HUNDRED AND FFry THOUSAND DOLLARS ($150,000) per
claim.
4.3.2 Clalmemade limihtions. The following provisions shall apply if the profussional
liability coverage is written on a claim+made form:a. The rstroactive date of the polcy must be shown and must be behrc he
date of he Agreement.b. lnsurance must be maintained and evidence of insurance must be
pmvided fur at least five (5) years after mmpletion of the Agreement or
the nork, so long as mmmercially available at reasonable rates.c. lf coverage is canceled or not renewed and it is not replaced with anoher
claims"made policy form with a retoactive date that precedes he date of
this Agreement, Consultant shall purchase an extended period correrage
for a minimum of fwe (5) years after completion of rltork under his
Agreement or the work. The City shall have lhe right to exercise, at the
Consultants sole cost and expense, any extended reporling provisions of
the policy, if the Consultant cancels or does not renew the coverage.d. A copy of the claim reporting requircmenk must be submited h he City
br review prior to the commencement of any uork under this Agreement.
4.3.3 Addltlonal Requiromenb. A cert'fied endorsement to include conbactual liability
shall be included in the policy
4,4 All Policles Requirements.
4,4.2 Verilication of coveraqe, Prior to beginning any work under this Agreement,
Consultant shall fumish City wih complete copies of all policies delivered to
C,onsultant by the insurer, including complele mpies of all endorsements attached
to those policies. All copies of policies and certified endorsemenb shall show the
4.4|l Accepbbilltv of insurcrc. All insuranca required by this section is to be placed
with insurers wih a Besb' rating of no less han A:Vll.
signature of a person authorized by that lnsurer to bind corlerage on ib behalf. lf
the City does not receive the required insunance documenb prior to he Consultant
beginning uort, thls shall not waive tre Consultanfs obligation to provide them.
The City reserves th6 right to requirc compleb coples of all rcquired insumnce
policies at any time.
4.43 Notice of Reduction in or Cancellation of Coveraqe, A certified endorsement
shall be attached to all insurance obtained pursuant h this Agreement stating that
coverage shall not be suspended, wided, canceled by eiher party, or rcduced in
coverage or in limits, except after thirty (30) days' prior written notice by cartified
mail, retum receipt requested, has been given to he Cig. ln the event tnt any
coveftlge required by this section is reduced, limited, cancelled, or materially
affacted in any olher manner, Consultant shall provide written notice to City at
Consultanfs earliest possible opportunity and ln no case later than ten (10)
uorking days afier Consultanl is notified of the change in coverage.
4,M Additlonal lneutrd: odmaru lnsuranco. Cig and its offcers, employees, agenb,
and rclunteers shall b6 covecd as additional insurcds witr respect to each of the
following: liability arising out of ac'tivities performed by or on behalf of Consultant,
including the Citfs general supeMsion of Consulhnt ppducls and comdeted
operations of Consultant, as applicable; premises ovmed, occupied, or used by
Consultan[ and automobiles oumed, leased, or used by lhe Consultant in the
cource of providing services pursuant to his Agreement, The coverage shall
contain no special limitations on the scope of protection aftrded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating hat coverage is
primary insurance wih respect to the City and ih offcee, officials, employees and
wlunteerc, and hat no insurance or self-insurance malntained by the City shall be
calM upon to conldbute to a loss under the coverage.
44,5 Dedudibles and Self.lnsurcd Retentions. Consultant shall disclose to and
obtain the appmrcl of City br he self-insured retentions and deductibles befure
beginning any of he seMces or uork called for by any tem of this Agreement.
Furher, if he Consultants insurance policy includes a self-imured retention that
must be paid by a named insured as a precondition of lhe insure/s liability, or
which has the efbct of providing that payments of he self-insured retontion by
others, including additional insureds or insumrs do not serw to satisfl the self-
insured retention, such provisions must be modified by spoial endorsemenl so as
to not apply to lhe additional insured coverage required by this agreement so as to
not prevent any of $e parties to lhis agreement fmm satisfying or paying the self-
insurcd retenton required to be paid as a precondition to the insurc/s liability.
Addltionally, the certificates of insurancs must note whelher the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period mvered by ttris Agreement, only upon the pdor express written
aulhodzation of Contract Administrator, Consultant may increase such dedudibles
or self-insured retentions with respect to Gity, its ofiicers, employees, agents, and
volunteers. The Contract Administrator may condition apprcval of an increase in
deductible or self.insured retention levels with a requirement that Consultant
procure a bond, guaranteelng payment of losses and related investigations, claim
administration, and defunse expenses that is satisfactory in all respects to each of
them.
4.4.6 Subconhactors. Consultant shall include allsubconhactors as insureds under its
policies or shall fumish separate certificates and certified endorsements fur each
subcontractor. All @verages for subcontnactons shall be subject to all of the
requircments stated herein.
4.4.7 Wastino Pollcv. No insurance policy requircd by Section 4 shall include a
'ums{ing' policy limit.
4.4.8 Variation. The City may appro\re a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the Citt's interests
are othenrise fully proteded.
4.5 Remedleo. ln addition to any other remedies Ci$ 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, uftich
are altematives to other remedies City may have and arc not the exclusive remedy for
Consultants breach:
a. Obtain such insunance and deduct and retain the amount of the premiums for such
insurance fom any sums due under the Agreemenfi
b. Order Consultant to stop uork under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and rvltrhold any payment,
until Consultant demonstrates compliance with the requirements hereot and/or
c, Terminate his Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest extent
permitted by law, Consuhtant shall, to he fullest extent allowed by law, wih respect to all SeMces
perfonned in connection with this Agreement, indemnity, defend with counsel selected by the City, and hold
harmless the City and its officials, offcers, employees, agenB, and volunteers from and against any and all
losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
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 indircctly, in whole or in part, by the willful misconduct
or negligent ac,ts or omissions of Consultant or its employees, subcontrac'tors, 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 wtrolly 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, sukontractor, or agents have
contributed in no part to the injury, loss of life, damage to propefty, or violation of law.
5.1 lnsurance Not ln Place of lndemnitv. 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 hoH
harmless clause shall apply to any damages or claims for damages wheher or not such
insuranco policies shall have been determined to apply. By execution of ttis Agreement,
Consultant acknowledges and agrees to the pmvisions of this Section and that it is a
material element of consideration.
5.2 PERS Llabllitv. ln the event that Consultanl or any employee, agent, or subcontmctor of
Consultant providing services under this Agreement is determined by a court of
compotent jurisdiction or the Calibmia Public Employees Retiremsnt System (PERS) to
be eligible for enrollmenl in PERS as an employee of City, Consultant shall indemniff,
deftnd, and hold harmless City for the payrnent of any employee and/or employer
contributions br PERS benefib on behalf of Consultant or its employees, agenQ or
subcontractors, as uoll as for the payment of any penalties and inlerest on such
contdbutions, wtrich tr$uld otherwise be the responsibility of City.
5.3 Thlrd Partv Clalms. With res pect to thid party claims against the Comultant, the
Comultant waiws any and all rights of any type of express or implied indemnity against
the lndemnitees.
STATUS OF CONSULTANT.Section 0.
6.1
6.2
Secton 7.
7:l
7,2
lndeoendent Gontractor. At all times during the term of this Agreement, Consultant shall
be an independent conhac,tor and shall not be an empbyee of City. City shall have the
right to control Consultant only insofar as he rcsults of Consulbnfs services rcndered
pursuant to lhis Agreement and assignment of personnel pursuant to Subparagraph 1.3;
houever, othenrise City shall not have the right to control the means by which Consulhnt
accomplishes seMces rendered pursuanl to his Agreement. Notwihstanding any other
City, state, or fedeml pollcy, rule, regulation, law, or ordinance to he contrary, Consullant
and any of its employees, agenb, and subcontractorc providing services under this
Agreement shall not qualiff for or bemme entifled to, and hereby agrce to waive any and
all claims to, any compensation, benefit, or any incklent of employment by Cfi, including
but not limited to eligibility to enroll in the Califumia Public Employees Retirement System
(PERS) as an employee of City and entitlement to any confiibution to be paid by City for
employer contributions and/or employee contibutions for PERS benefts.
Consultant Not an Aqent Except as Cig may specify in writing, Consulhnt shall have no
auhority, express or implied, to act on behalf of City in any capacity whahoever as an
agent to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS,
Govemino Law. The laws of the State of Califomia shall govem this Agreement.
Compliance wlth Applicable Lawt, Consultant and any subcontractors shall comply with
all ftderal, state and local laws and regulations applicable lo the performance of he uork
hereunder. Consullant's failure h comply with such law(s) or regulation(s) shall constitute
a breach of contract.
7.4
7.5
Sectlon 8.
8.1
Oher Govemmenhl Reoulations. To the exlent that this Agreement may be funded by
fiscal assistance fiom another governmenlal entity, Consulhnt and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
Llcenses and Permlts. Consultant represents and wanants to City hat Consulhnt and
its employees, agents, and any subcontractors have all llcenses, permiB, qualifications,
and approvals, including fiom City, of whaboever nature that are legally required to
practice theh respective prohssions. Consultant rcplesenb and Mrants to City hat
Consultant and its employes, agents, any subcontractors shall, at heir sole cost and
expense, keep in effec't at all times during the tem of this Agreement any linnses,
pormits, and approvals hat are legally mquired to practice theh respective professions. ln
addition to the bregoing, Consulhnt and any subcontractors shall obtain and maintain
during the term of this Agreement mlid Business Licenses from City,
Nondiscrimination and Esual Onportunitv. Consultant shall not discilminate, on the
basis ofa penson's race, religion, color, nationalorigin, age, physical or mental handicap or
disability, medical condition, marihl slatus, sex, or serual orientalion, against any
employee, applicant br employmont, subcontractor, bidder hr a subcontract, or participant
in, recipient of, or applicant fur any services or programs provided by Consultant under this
Agreement. Consultant shall comply wih all applicable federal, slate, and local laws,
policies, rules, and requimmenb related to equal opprtunity and nondiscrimination in
employmenl, contracting, and the provision of any seMces that are the subject of his
Agreement, including but not limited to the satishction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subconhact appmwd by
he Contrac{ Administrator or this Agreement.
TERMINATION AND MODIFICATION.
Terminalion. City may cancel this Agreement at any time and witrout causs upon w tten
notifi cation to Consulhnt.
Consultant may cancel this Agreement fur cause upon hifi (30) days' written notice to
Cig and shall include in such notice lhe reasons for cancellation.
ln the event of termination, Consultant shall be entitled to ompensation for servic€s
perbrmed to the eftctive date of notice of termination; City, houever, may condition
payrnent of such compensation upon Consultanl delivering to City all materials described
in Sec'tion 9.1.
Ertension. Ctty may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided fur in Subsection 1.1. Any such extension shall require
Consultant to oxecuto a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City granb such an extension, City shall have
8.2
7.3
8.3
no obligation to provide Consultant with compensation beyond the maximum amount
provided fur in tris Agreement Simihdy, unless authorized by he Conhact Administralor,
City shall have no obligation to reimburse Consultant br any olhenrise mimbursable
expenses incuned during he extension period.
Amendmenb. The Parties may amend this Agrcement only by a writing signed by all the
Parties.
Asslqnment and Subcontractlnq, City and Consultant recognize and agree that this
Agreement contemplabs personal performance by Consultant and is based upon a
determination of Consultants unique pensonal mmpetence, expedence, and specialized
personal knowledge. Moreover, a substantial inducement to City fur entering into his
Agreement was and is he professional rcputation and competen@ of Consulbnt.
Consultant may not assign thls Agreement or any interest herein without the pdor written
approval of th6 Contract Administator. Consulhnt shall not assign or subcontract any
portion of the performance cont€mplated and provided for herein, other than to tho
subcontractors noted in the proposal, without prior wdtten appoval of the Contract
Administrator.
Surylval. All obl[ations arising prior to the termination of his Agreement and all
provisions of tris Agreement allocating liability betureen City and Consultant shall suMvE
the termination of thls Agreement.
Ootlons uoon Breach bv Consulhnt. lf Consulhnt materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the hllowing:
8.6.1 lmmediately terminate the Agresment;
8.6.2 Retain he phns, specifications, drawings, reporls, design documenb, and any
other wo* poduct prepared by Consultant pursuant to ttris Agrcement;
8.6.3 Retain a different consultanl to complete the uork descdbod in ExhiDj!_.A not
fnished by Consultant; or
8.6.4 Charge Consultant the difrercnce between the cost lo complete the work
descdbed in E$!!Ll\ that b unfinished at the time of breach and the amount hat
City trrould have paid Consultant pursuant to Section 2 if Consultant had
completed the uort.
KEEPING AND STATUS OF RECORDS.
Recordr Created'as Pail of Consultantt Performance. AII reporb, 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 propar9s or obtains pursuant to this Agreement and that relato to $e matters
covered hereunder shall be the property of the City. Consullant hereby agrees to deliver
those documents to lhe City upon termination of the Agreement. lt is understood and
8.4
E.5
8.6
Sectlon 9.
9.1
9.2
9.3
9.4
agreed that he documenb and olhel materials, including but not limited to those described
above, prepared pursuant to this Agreoment are prepared specificaily for the City and are
not necessarily suitable for any futum or ofier use. City and Consultant agree hat, unlil
linal approval by City, all data, plans, specificatons, rcpolb and other documenb are
confidential and will not be released to third par{ies without prior wriflen consent of bott
Parties eloept as equired by law.
Consultant's Books and Records. Consuhant shall maintain any and all ledgers, books
of account, invoices, vouchem, canceled checks, and olher records or documenb
evidencing or relating to charges for seMces or expenditures and disbursements charged
to the City under this Agreement for a mlnlmum of hree (3) years, or for any longer period
requked by law, fom the date of final payment to the Consultant h this Agreement.
lnsoecflon and Audit of Recods. Any rcmrds or documenh that Soction 9.2 of this
Agreemenl requires C,onsultant to maintain shall be made available br inspection, audit
and/or copying at any time during regular business houns, upn oral or written rcquest of
lhe Cig. Under Califomia Govemment Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand ($10,000.00), he Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as
part of any audit of the City, for a period of three (3) years afler final payment under the
Agreement.
Records Submltted ln Resoonse to an lnvltation to Bid or Requ$t for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City beome
the exclusive pnoperty of tte 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 propsal hat are defined by Consultant and
plainly marked as 'Confidential,' "Business Secret' or'Trade Secret.'
The Cig shall not be liable or in any way rcsponsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a 'Tnade Secret' or
'Business Secret,' or if disclosure is required under he Public Records Ad.
Although the California Public Records Act recognizes that certain confidential trade secret
infurmation may be protected ftom disclosure, the C'rty may not be in a position to establish
hat the information that a pmspective bidder submits is a trade secret. lf a request is
made for inhmation marked 'Trade Seqet' or 'Business Secrel' and lhe 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, dehnd and hold
harmless the City, its agenb and employees, fom any judgment, fines, penalths, 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 survirres the City's award of the contract. Consultant agrees that this
indemnification survives as long as tho trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
MISCELLANEOUS PROVISIONS.
Attomevs' Feee. lf a Pafi to this Agreement brings any action, including arbihation or an
action for declaratory relief, to enbrce or interpret he pnovision of this Agrcement, lhe
prewiling Party shall be entitled to ftrasonable altomeys fees in addit'on to any other relief
to which that Paily may be entitled. The courl may set such hes in the same acflon or in a
separab action brought for that purpose.
102 Venue, ln the event that eiher Party brings any action against the ofier under this
Agreement, the Parties agree lhat trial of such aclion shall be vested exclusively in the
s'tate courts of Califomia in the Coung of San Mateo or in the Unlted Shtes Distdct Court
br lhe Norhem Disbict of Califomia.
10.3 Seyerabllftv. lf a murl of competent iurisdic{ion ffnds or rules that any poMsion of trh
Agreement is inwlid, roid, or unenforceable, lhe povisions of lhis Agreemenl not so
adjudged shall remain in full force and eftct. The inmlidity ln whole or in part of any
provision of this Agreement shall not void or aftc't the validity of any other pmvision of lh'rs
Agreement.
10.4 No lmolled Walver of Brcach. The waiver of any breach of a specific provision of this
Agreement does nol constitute a waiver of any olher breach of that tem or any other term
of tris Agreement.
{0,5 Succeesolr and Asslqns. The provisions of this Agreement shall inure to the benefit of
and shallapplyto and bind the successors and assigns of the Parties.
10.6 Use of Products.Consultant shall prepare and submit all reports, written
studies and oher prinM matedal on rocycled paper to the extent it is arrailable at equal or
less cost than virgin paper.
{0.7 Conflict of lnlereat. Consultant may serve other clients, but none whose activities wi6in
fte coporate limits of Gity or whose buslness, egardless of location, rrtrould place
Consullant in a 'conflicl of interest,' as that term is deflned in ho Political Reform Act,
mdifed at California Govemment Code Section 81000, el seg.
Consultant shall not employ any City official in the uttcrk perfomed pumuant to this
Agreement. No offcer or employee of City shall have any financial interest in this
Agreement thal would Molate Califomia Government Code Secliorc 1 090, el s6g.
Consultant hereby wananb that it is not now, nor has it been in the previous tr,rrelve (12)
months, an employee, agent, appointee, or offcial of the City. lf Consultant was an
employee, agent, aprcintee, or ofiicial of the Oty in the previous t'ilelve (12) months,
Consultant u/anants hat it did not participate in any manner in the forming of this
Agreement. Consulhnt understands that, if this Agreement is made in violation of
Government Code $1090, ef seg., fn entire Agnaement is void and Consulhnt will not be
entitled to any compensation for services performed pursuant to thls Agreement, including
reimbursement of expemes, and Consulbnt wlll h required to reimburse the CiU fur any
Secton l0
10.1
sums paid b tlrs Consultan[ Consulhnt underdands hat, ln addlt'lon b [e bmgolng, lt
may be aDjedb criminal pros€cutbn b a vblaton of Govemtrrnt Code S 1000 and, lf
appflcabb, will be disquaffi fiom holdlng public offico ln he SEb of Cdlbmla.
103 Sollcltation. Conetltant q[Es not b soliclt hrclness at any meetng, &cus group, u
hhilhw tglated b tl'rls Agrcement elther ordly or thrugh any written matefuls.
l0"g Gonfiad Adminh,tnfion. Ihis Agreeraent Bhell be dministercd by Sam Baubta, P.E,
OSDTOSP fConhact Addnhfrdon. fl oo'respndenoe ehall be dirstod b or firctryh
tE ConM Admlnlahabr or hls or her desfnee.
10.10 Ndlcec. All notlcos and offier ommunicatom wtlch arc oqdred or may be giwr uder
firb Agreement shall bo in wntirq ard shsll be deemod b harc been duly gluen (l) when
reehrcd lf pemndly detnnrcd; $i) when rcoetued lf bansmltbd by blecopy, if IBodvBd
durlng normd busirpss ltounE on a hdness day (or if not $e mil business dey sftor
delircry) proui&rl that such facslmile ls hglble and hd at te tme eufi lbcsimlh b sent
tre sendirq Paty rcoelvee wrttten cmfirmatlon of rscelpq ([l} lf snt br neil dry dellvery
b a domeetb address by rcognhed orcmlght defivery servlce (e.g., Fedoxal Epress];
and (lv) upon rrelp[ tr sont by certfred or nglebred mall, lefum ]Ecolpt rcque*ed. ln
oach case rctloe shall be sent b 0ts rcspoctte Pailhs as fotlows
Gonilftant
CSS Envlonmenbl Serylcea, lnc.
l{D GallDriw, Suib 1
Novato, CA 94049
cilv
NOTICES
C[yGe*
Cftyof Sonfr San Franclsoo
4fi) Grand Awnue
Sonft San Francisco, GA 94080
ItwotcEs
Etglneedng
Gtyof Soutr San Franclsco
315 M4leAw
$uth San Fmndsco, CA940e)
l0.ll Prroforslonal Seal. WEr6 applloabb in the determinathn of the mnbad admlnlSrahr,
he filst page of a bchnlcal Eport, fimt page of deslgn speclfloatom, and effih pago of
consfirction drarirgs shall be stamped/sealed and s[ned by the llconsed prcftslonal
rcsponsible br &e apoildeoign prcparatlon.',f[rc stamp/seal shall be ln a bhd< enfr'tled
'Seal and Sbrsture d Regbtorod Probssisrtdl wlttr tepoildesbn rcoponslblllty,' as in the
bllowlng ercmple.
10.12 lntooration. This Agreement, including the scope of work attached hercto and
incorporated herein as Exhibib A. B. llandlCl. and DII IEI{SURE THAT THE CORRECT
EXHIBITS ARE USTED] represents the enlire and integrated agleement betvaen City
and Consultant and supersedes all prior negotiations, representations, or agreemenb,
either written or oral pertaining to the matterc herein.
Efiibit A Scop of Services
Efiibit B Compensation &hedule
Bfiibit C Form 590
10.13 @gElCD31ts. This Agreement may be e)ccuted in countorpalb and/or by hcsimile or
other electmnlc means, and when each Party has signed and deliverod at le6t one such
counterpart, each counterperl shall be deemsd an odginal, and, when taken toge6er wi0r
other signed counterpart, shallconstitub one Agreement wtrich shall be binding upon and
effective as to all Parties.
f 0.f a !@Egl!on The headings in this Agreement are fur the purpose of reference only and
shall not limit or othenrise aftct any of the terms of tris Agreement. The parties ha\a had
an equal opportunity to panicipate in the drafiing of tris Agrcement; therebe any
construction as against the drating party shall not apply to tris Agreement.
10.15 No Third Pailv Beneficiaries. This Agreement is made solely for the benefit of he
Parties hereto wih no inlent b benefit any non-signatory thid paflies.
ISIGNATURES ON FOLLOWiIG PAGEI
Tho Pailios have execubd firis Agreernent as of he Eftcffw Date.
CIIY OF SOUTH SAN FRANCISCO
furcn
Proeldent
P.E.
i
Approved as to Form:
2n99&,t
#
EXHIBIT A
SCOPE OF SERVICES
lask 1 - Quarlrrdy AroundirriE Monttuing
Conzultant shall collcct groundwater samples and complcte laboratory analyses of
the samples from lvlarch l, 2018 through Deccmber 31,2021 as outlined in the
Wa&r Quality Monitoring Plan (WQMP, November 2000), prcparcd by Gabewell
Inc., and PES Environmental. The WQMP was amended to include the Maximum
Allowablc C.oncentacd Limits (MACL's, submitted in July 2004), prcpared by
Gabewell Inc. and PES Environmental, lnc, Conzultant shall perform the requircd
Quality Assurance and Quality Control (QC/QA) and analyses to support the
analytical data, summarize all analytical results in tabular formal and fonrard copies
of laboratory analytical data sheets, field data streets, and all related pertinent data to
the City.
fask 2- Groundtra@ Lawl Monltorlng end Sne Storm Water lnspecilons
Consultant shall measure groundwater and lcacharc levels quarterly from March I,
2018 through Deoember 31,2021 and tabulate the data for zubmiual in the semi-annual
report describcd bclow. Consultant will conduct visual and storm event inspections of
the site and surface water discharges Aom thc site in compliancc with the General
Permit for Storm Watcr Discharges. Consultant shall submit copies of stomr water
inspections to the City and to the Harbor District for their records.
Iaslr 3 - Sform Water ltlonltorlng
Consultant shall monitor the weather and collect storm water sanrples from o!.e stoml
cvent from March l, 2018 through December 31,2021. Sample colleotion shall be
oompleted as outlined in the Stomr Water Monitoring Plan (SWMP, September 2000),
prepared by Gabewell Inc,, and Harding Lawson Assooiates, and all subsequot
amendments to the plan. Consultant shall perform the rcquired Quality Assurance and
Quality Control (QC/QA) and analyses to support the analyical data" summarize all
analytical results in trbular fornra! and forward copies of laboratory analytical data
sheets, field data sheets, and all related pertinent data to the City.
Task 4 - Completton of Annual and Sml-Annual Landfrll l/,o,nllorlng Raporc
Consultant shall prepare the draft and final Annual and Semi-Annual Landfill
Monitoring Reports pcr the Order. Work inoludes data compilation, coordination with
the City and the Harbor District data evaluation and intcrpretation, report writing
and monitoring plan development. The annual and semi-annual report due dates are
stated in the Order.
T*k 5 - Compleilon ol Annual Stlorm Water Monllorirng Reporls
Consultant shall preparc the draft and final storm wat€r monitoring rcports. Work
includes data compilation, coordination with the City and the Harbor Dishict data
evaluation and interprctation, rcport writing and monitoring plan development. The
annual report is due on July3l ofeach year.
Iasjr 6- Quailedy landfrll Pertneter Monltwlng
Consultant shall conduct quarterly monitoring of the landfill gas perimeter monitoring
wells. Monitoring work shall include conducting field measurements of methane
concenkation in each well and measurement of the water level in each well from
March 1,2018, throughDecember 3l,202l.If field meffilrements indicate methane
Ievels greater than the regulatory limits, consultant shall collect a sanrple of the
gas for laboratory analysis & Task 8 shall be performed. Results of the quarte$
moaitoring strall be submitted to the City and the Harbor Dishict. Consultant shall also
prepare the quarterly reports for submittal to the San Mateo County Health Services
Agency.
Tasik7-ProJ*tManagment
Consultant shall prcpare detailed invoices and project status reports for subminal to ttre
City. Consultant shall meet with the City as often as necessary to coordinate activities
associated with the landfill compliance monitoring and required reports. Consultant shall
guamntee the qualrty controVquality assurance of all the required reports and the
timely submittal of the required reports per the Order.
Task 8 - llonthly Landlill Pwtmeter Monttoring (Only When Dlrectd by City)
Consulant shall conduct monthly monitoring of the landfill gas perimeter monitoring
wells. Monitoring work shall include conducting field measurements of methane
concentration in each well and measurernent of the water level in each well. If field
measurements indicate methane levels greater than the regulatory limits, consultant shall
collect a sample of the gas for laboratory analysis. Results of the monthly monitoring shall
be submittcd to the City and the Harbor Dishict. Consultant shall also prepare the rnonthly
and quarterly reports (assooiated with this task) for submittal to the San Mateo County
Health Services Agenoy.
EXHIBIT B
COMPENSATION SCHEDULE
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I
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND CSS ENVIRONMENTAL SERVICES, INC.
THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at
South San Francisco, California, as of June 30, 2021, by and between THE CITY OF SOUTH
SAN FRANCISCO (“City”), a municipal corporation, and CSS Environmental Services, Inc.
(“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A.On March 14, 2018, City and Contractor entered that certain Consulting Services
Agreement (“Agreement”) whereby Contractor agreed to provide environmental monitoring
services. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
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 additional Regulatory
requirements as described in the Contractor’s Proposal dated May 7, 2020, attached hereto as
Exhibits A and B to this Amendment.
3.Section 1.1: Term of Service. The June 30, 2021 end date for the term of services identified in
Section 1 of the Agreement is hereby replaced with June 30, 2024.
4.Section 2: Compensation. Section 2 of the Agreement shall be amended to include the following
paragraph:
Payment of the Scope of Services included with this Amendment shall be based on The
Amended Scope of Services and/or on time and materials per the rate schedule included with
the Agreement attached hereto as Exhibits A and B.
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 Amendment and the Agreement, the terms of the Agreement
will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
EXHIBIT B
Dated:
CITY OF SOUTH SAN FRANCISCO CSS ENVIRONMENTAL SERVICES, INC.
By: By: _____________________________
Mike Futrell Aaron Stessman, P.E.
City Manager President
Approved as to Form:
By:
City Attorney
CCity Clerk Attest:
August 29, 2022 | 11:42:58 AM PDT
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:22-616 Agenda Date:7/27/2022
Version:1 Item #:5.
Report regarding a resolution approving an amendment to a consulting services agreement with CSS
Environmental Services, Inc. of Novato, California for the Environmental Monitoring of the former Oyster
Point Landfill in an amount not to exceed $300,000, authorizing a total budget of $360,000, and authorizing the
City Manager to execute the agreement.(Dave Bockhaus, Deputy Director of Public Works)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an amendment to the consulting
services agreement with CSS Environmental Services, Inc. of Novato, California for the Environmental
Monitoring of the former Oyster Point Landfill in an amount not to exceed $300,000, authorizing a total
budget of $360,000, and authorizing the City Manager to execute the agreement.
BACKGROUND/DISCUSSION
The Oyster Point Landfill is a City-owned, closed unlined Class III landfill located along the San Francisco Bay
in the City of South San Francisco (for map, see Attachment 1). The landfill area has been developed for use as
open space, biotech development, bay trail, public marina, boat launch area, and a future hotel complex. The
San Mateo Harbor District operates the public marina on the landfill and is responsible for the general
maintenance of the marina facilities.
The landfill is regulated by the Regional Water Quality Control Board (RWQCB) under Order No. 00-046,
herein referred as “Order”, issued on June 21, 2000. The Order imposes closure and post-closure requirements
on the City as part of ongoing development. Technical environmental monitoring reports that are submitted to
the RWQCP are a requirement of the Order. City staff relies on environmental consultants with appropriate
expertise to perform the required monitoring and reporting.
In 2018, the City entered into an agreement with CSS Environmental Services, Inc. for the required monitoring
and reporting. The current agreement expired on June 30, 2021, but it does include provisions to extend and
amend the contract if desired by the City. Based upon CSS Environmental Services’ familiarity with the site,
expertise, and previous performance, staff recommends amending the agreement for a term not to exceed three
years and to increase the budget authority to provide for the additional services. The contract extension will be
back dated to be effective as of June 30, 2021 so that the agreement is kept continuous with additional funding.
The draft amendment, and updated Scope of Services and budget documentation are included as attachments to
the accompanying resolution.
FUNDING
City of South San Francisco Printed on 7/22/2022Page 1 of 2
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File #:22-616 Agenda Date:7/27/2022
Version:1 Item #:5.
The estimated cost for CSS monitoring and reporting is $300,000 for the term of the agreement ($100,000
annually). Staff proposes to include a ten-percent contingency of $30,000 and ten-percent administrative
oversight of $30,000 for a total not to exceed amount of $360,000.
Contingency funds will be used for any unforeseen conditions, or any future additional monitoring required by
the Regional Water Quality Control Board.
This consulting services agreement is funded through the Solid Waste Fund. There are sufficient funds to pay
for these monitoring costs.
CONCLUSION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a a first
amendment to the consulting services agreement with CSS based on their performance, experience, and
familiarity of the site and monitoring requirements.
Attachments:
1. Vicinity Map
2. Original Consulting Services Agreement with CSS Environmental, Inc.
3. Amended Scope of Services
4. CSS proposal for additional services
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040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 1
May 7, 2020
Mr. Maurice Kaufman
City of South San Francisco Engineering Division
c/o West Coast Code Consultants, Inc.
1144 65TH Street
Oakland, CA 94608
SUBJECT: Proposal for Environmental Activites Related to
New Former Oyster Point Landfill Water Line Monitoring Stations
South San Francisco, CA
CSS Proposal 050420
Dear Mr. Kaufman:
Thank you for the opportunity discuss the City of South San Francisco’s (the City’s)
anticipated need to monitor and maintain monitoring stations along the relocated Cal
Water supply line supporting the redevelopment of the Former Oyster Point Landfill. We
welcome the opportunity to provide you with this proposal to support the City in this
effort. CSS Environmental Services, Inc. (CSS) is uniquely qualified to provide you with
the services described herein as we have been providing the City with compliance
monitoring services at the former Oyster Point Landfill since 2008. The monitoring is
required by the present RWQCB Order No. 00-046 which specifies Waste Discharge
Requirements (WDRs) for the City as discharger and owner of the Oyster Point Landfill
property and has been in place since June of 2000. CSS completes groundwater
monitoring, storm water inspections and monitoring, and landfill gas monitoring
activities for the City and provides associated reporting and project management of these
activities. In addition, CSS has experience performing compliance monitoring at several
other closed landfills regulated by the RWQCB and local county agencies, including:
x Former Smith Ranch Road disposal site. CSS performed monitoring and
reporting activities at the current Captain’s Cove condominium site for the
homeowner’s association. At our recommendation, the Marin County
Environmental Health Department (MCEHD) and the California Integrated
Waste Management Board (now Cal Recycle) closed the site after years of
declining concentrations of landfill gas in 2007.
x Former Horst Hanf Landfill. CSS is providing on-going environmental
compliance monitoring at this closed landfill and current Bayview Business Park
regulated by Cal Recycle and the MCEHD.
x Former San Quentin Solid Waste Disposal Site. CSS provides environmental
compliance monitoring at this closed solid waste disposal site and current Home
EXHIBIT B1
040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 2
Depot and Target retail stores. This site is located in San Rafael and is regulated
by Vic Pal of the RWQCB. Mr. Pal also regulates the Former Oyster Point
Landfill for the RWQCB.
PROPOSED SCOPE OF WORK
In support of the City’s requirements found in their pending Utility Agreement with Cal
Water, CSS sees the following scope of work tasks and estimated annual budget based on
time and material charges according to our existing Oyster Point fee schedule.
1 Meetings
CSS anticipates attending two meetings with the City, the Developer, Cal Water and/or
the RWQCB as needed each year. $1,450 per year
2 Preparation and Submittal of Quarterly Reports
The Agreement requires the City to submit quarterly reports to Cal Water including semi-
annual monitoring reports (already contracted with CSS by the City), quarterly readings
of groundwater elevations in existing monitoring wells (presently performed quarterly
and reported semi-annually by CSS for the City), the latest ground elevation surveys and
ISO settlement maps, sampling results from any water station. As semi-annual reports
are currently prepared two additional quarterly reports are required per year.
$4,800 per year
3 Survey of Selected Fire Hydrants
The City is required to survey selected fire hydrants, capturing any settlement at 30 days,
1 year, 3 years and 5 years after water line tie-in. $1,350 per event
4 Develop ISO Settlement Map
The City is required develop a ISO Settlement Map after water line tie-in and every 5
years thereafter. CSS assumes that ground elevations will be surveyed across the landfill
to determine settlement and that the City can provide us with the baseline map.
$4,500 per event
5 Sampling and Analysis of Water Stations/Water System Wells
Under some circumstances samples from the water system monitoring stations and water
system wells must be collected and analyzed . $1,600 per event
Our total estimated annual budget for providing the City of South San Francisco with
support water line monitoring at the Former Oyster Point Landfill, as described above,
assumes one of each of Task 1 through 4, and two events of Task 5 will need to be
completed each year. This brings the annual estimated cost to: $15,300
040920 Oyster Point Redevelopment Water Line Monitoring Stations Proposal Page 3
If you desire, I am available to meet at your convenience to discuss the project in more
detail. If you have any questions, please do not hesitate to call our office at
(415) 883-6203, or contact me on my mobile at (415) 948-4385.
Sincerely,
CSS ENVIRONMENTAL SERVICES, INC.
Aaron N. Stessman, PE C054644
President
Task and Basis Source Hrs/Units Rate Cost
Project Mang 8 $185 $1,480
Staff Engineer I 50 $90 $4,500
CSS Equip 4 $400 $1,600
Laboratory (Annual) 5 $138 $690
Laboratory (Semi) 18 $138 $2,484
SUBTOTAL $10,754
Staff Engineer I 24 $90 $2,160
SUBTOTAL $4,380
Project Mang 15 $185 $2,775
Staff Engineer I 36 $90 $3,240
Equip 4 $400 $1,600
Laboratory 36 $747 $26,892
SUBTOTAL $34,507
Project Mang 32 $185 $5,920
Staff Engineer II 60 $105 $6,300
CADD 16 $70 $1,120
SUBTOTAL $13,340
Staff Engineer II 20 $105 $2,100
SUBTOTAL $2,840
Project Mang 8 $185 $1,480
Staff Engineer II 4 $105 $420
CADD 4 $70 $280
Env Tech II 36 $82 $2,952
Gem2000 Gas Meter 4 $250 $1,000
SUBTOTAL $6,132
Project Mang 100 $185 $18,500
Staff Engineer II 100 $105 $10,500
Misc. Outside Costs 1 $642 $642
SUBTOTAL $29,642
SUBTOTAL $2,220
Project Mang 16 $185 $2,960
Staff Engineer II 30 $105 $3,150
CADD 8 $70 $560
SUBTOTAL $6,670
SUBTOTAL $2,700
SUBTOTAL $9,000
SUBTOTAL $3,200
Total Annual Cost TOTAL $125,385
Project Mang 12 $185 $2,220
$4,500 $9,000
Sampling/Analysis 2 $1,600 $3,200
Task 9 - Cal Water Quarterly Reports . Submit quarterly
reports to al Water including semi-annual monitoring
reports (already contracted with CSS by the City (Task
4), quarterly reading of groundwater elevations in
existing monitoring wells (presently perfromed quarterly
and reported semi-annualy (Task 1). As semi-annual
reports are currently prepared two additional quarterly
reports are required per year. Annual cost is presented.
Task 10 - Survey of Fire Hydrants . The City is requred
to survey selected fire hydrants, capturing any
settlememt at 30 days, 1 year, 3 years and 5 years or
as directed after water line tie-in Annual cost is
presented.
Task 11 - Develope ISO Settlement Map. The City is
required to develop a ISO settlement Map after water
line tie-in and every 5 years thereafter or as directed.
CSS assumes that ground elevations will be surveyed
across the landfill to determine settlement and that the
City can provide a baseline map. Annual cost is
presented.
Project Mang 12 $185
Survey 2 $1,350
Survey/ISO Map
Project Mang 4 $185 $740
Task 7 - Project Management and extra work. Prepare
detailed invoices and project status reports, meet with
City as necessary. Review work of others during
redevelopment. Misc tasks such as structure
monitorings and future regulatory compliance/meetings.
Annual cost is presented.
Task 8 - Meetings. Attend meetings with the City, the
Developer, Cal Water and/or RWQCB as needed each
year. Annual cost is presented. $2,220
CSS Environmental Services, Inc. - Breakdown of Cost Proposal for Environmental Compliance
Monitoring Required by the Regional Water Quality Control Board (RWQCB) Order No. 00-046 for the
Former Oyster Point Landfill
Task 5 - Completion of Annual Storm Water Monitoring
Reports. Work includes data compilation, data
evaluation and reporting to the State's SMART system.
Annual cost is presented.
Task 6 - Quarterly Landfill Perimeter Monitoring .
Perform landfill gas and water level monitoring for
perimeter gas wells. Prepare semi-annual report for
submittal to City, Harbor District and San Mateo County
Health Services Agency. Two quarters are reported
with Annual/Semi-Annual landfill monitoring reports.
Annual cost is presented.
Task 12 - Sampling and Analysis of Water
Stations/Water System Wells. As directed samples will
be collected and analyzed from the water system
monitoring stations and water system wells. Annual cost
is presented.
Task 1 - Annual Cost of Quarterly Groundwater
Monitoring . Cost presented here includes collection of
levels quarterly, collection of groundwater compliance
samples semi-annually, and collection of leachate
samples annually.
Task 2 - Storm Water Inspection. Conduct visual and
storm event inspecitons of site and surface water
discharges in compliance with General Permit and
submit copies to City and Harbor District. Annual cost
for 1 storm and 3 non-storm events.
Task 3 - Storm Water Monitoring . Monitor weather and
collect samples at 6 locations from FOUR storm events
as per monitoring plans and ammendments annually.
Prepare summary table of results and forward with
records to City. Annual Cost is presented.
Task 4 - Completion of Annual and Semi Annual
Landfill Monitoring Reports . Prepare reports for
submittal by email and to GeoTracker. Discuss recent
activities, results of water quality monitoring programs
and landfill gas monitoring programs. Prepare summary
tables and illustrative figures. Annual cost is presented.
$2,700
2
EXHIBIT B2