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Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1036 Agenda Date:10/23/2024 Version:1 Item #:1. Proclamation celebrating Extra Mile Day November 1, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™8 Dated: October 23, 2024 Recognition of Extra Mile Day November 1, 2024 WHEREAS, the City of South San Francisco is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, the City of South San Francsico is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, the City of South San Francisco, is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, the City of South San Francisco, acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2024. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does hereby recognize November 1st as Extra Mile Day and recommits itself to the individuals, groups, and businesses who have given time, energy, and resources to our community through volunteer service. ________________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 9 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1063 Agenda Date:10/23/2024 Version:1 Item #:2. Motion to approve the Minutes of October 9, 2024. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 11/14/2024Page 1 of 1 powered by Legistar™10 CALL TO ORDER Mayor Coleman called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Addiego, present Councilmember Nagales, present Councilmember Nicolas, present Vice Mayor Flores, present Mayor Coleman, present PLEDGE OF ALLEGIANCE City Manager Ranals led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF Parks and Recreation Director Mediati invited the community to a volunteer tree planting event at Brentwood Park on October 12, 2024, at 10 a.m. He also invited the community to attend the Age Friendly Task Force engagement sessions on October 17, 2024, at 10 a.m. at the Rotary Terrace. He also invited the community to attend the Halloween Extravaganza on October 19, 2024, at 10 a.m. held at Orange Memorial Park, and the Senior Showcase on October 22, 2024, at the Library Parks and Recreation Center (LPR.) Executive Assistant to the City Manager Patea invited the community to the Get the Shot, Not the Flu drive- thru and walk-in event on October 19, 2024, at the City Hall parking lot from 10 a.m. to 2 p.m. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, OCTOBER 9, 2024 6:30 p.m. Library Parks and Recreation Building Council Chambers 901 Civic Campus Way, South San Francisco, CA 11 REGULAR CITY COUNCIL MEETING October 09, 2024 MINUTES PAGE 2 Library Director Sommers invited the community to attend the screening of Nurse Unseen on October 20, 2024, at the LPR, Council Chambers. PRESENTATIONS 1. Proclamation recognizing October as Breast Cancer Awareness month. (James Coleman, Mayor) Mayor Coleman recognized October as Breast Cancer Awareness Month and presented a proclamation to Laurie Ratliff. Laurie Ratliff thanked the Council for their recognition and support. 2 Proclamation recognizing Code Enforcement Week October 6 - 12, 2024. (James Coleman, Mayor) Mayor Coleman recognized the week of October 6-12, 2024, as Code Enforcement Week and presented a proclamation to Code Enforcement Officer Donn Lovell. Code Enforcement Officer Lovell thanked the Council for their recognition and support. COUNCIL COMMENTS/REQUESTS Councilmember Nicolas expressed gratitude to Brooke Rock of Amgen for attending a September 17, 2024, meeting as part of the Biotech Speaker Series. She extended her gratitude to Ernesto Lucero and Katie Donner from the Economic and Community Development department. On September 29, 2024, there was a successful ribbon-cutting ceremony for the new Centennial Way Trail. She thanked the Capital Improvement Projects staff headed by Jake Gilchrist and Philip Vitale, along with Parks and Recreation Director Greg Mediati. Councilmember Nicolas shared that the girl scouts from Buri Buri and Ponderosa Elementary School had attended a tour of the Council Chambers. She thanked library staff and the IT team for hosting the Filipino American History month event on October 5, 2024. Councilmember Nicolas thanked the Economic and Community Development department and Human Resources department for partnering with Job Train in hosting the first Diversity Employment Day career fair. Councilmember Nicolas noted that South San Francisco had been certified as an age-friendly city by AARP. Councilmember Nagales shared he had attended a conference in San Mateo regarding homelessness. He requested the need for follow-up regarding options for housing the unhoused. He highlighted Filipino American history and the Festa Italiana events. He congratulated Mayor Coleman on his State of the City Address. Councilmember Nagales highlighted the ribbon-cutting event for the new park on Centennial Way. Councilmember Addiego shared that Jackson Lazari, an 8-year-old resident, advocated for the idea of the BMX pump track for the park. He expressed gratitude to Code Enforcement for the services the department provides to the community. He highlighted the flag-raising ceremony at Colma. Vice Mayor Flores expressed gratitude to the Communications Manager, Angenette Lau, for her community engagement. He expressed gratitude to Councilmember Nagales for the Cultures United initiative. He shared that there is a lot of activity going on in the areas of homeless outreach 12 REGULAR CITY COUNCIL MEETING October 09, 2024 MINUTES PAGE 3 to help people find services and support. He commended the State of the City Address presented by Mayor Coleman. Mayor Coleman provided an overview of the State of the City Address. He highlighted the investments and improvements for city parks. He also highlighted the new biotech offices and the new Safeway grocery store. He provided an update on the sustainability event he attended. 3. Proclamation celebrating Indigenous Peoples’ Day on October 14, 2024. (James Coleman, Mayor) Vice Mayor Flores recognized Indigenous People’s Day on October 14, 2024, and presented a proclamation to Julio Garcia from RISE South San Francisco. Julio Garcia thanked the Council for their recognition and support. PUBLIC COMMENTS – NON-AGENDA ITEMS The following individuals addressed the City Council: x Michael Harris x Leslie Fong x Cory David x Cynthia Marcopulos x Markus Alverez x Bart Pañtoja x Written Comments Submitted via eComments: x Bill Lock – (eComments) PUBLIC COMMENTS – CONSENT CALENDAR ITEMS None. CONSENT CALENDAR The Deputy City Clerk duly read the Consent Calendar, after which the Council voted. 4. Motion to approve the Minutes for September 25, 2024. (Rosa Govea Acosta, City Clerk) 5. Report regarding Resolution No. 155-2024 authorizing the acceptance of $12,000 in grant funding from Pacific Library Partnership to fund ten Virtual Reality Headsets and Software and launch a program called VR World, enabling community members to travel virtually and explore new places, nature, cultures and information in the Amgen Discovery Center at the Library Parks & Recreation Center and approving Budget Amendment Number 25.021. (Valerie Sommer, Library Director) 6. Report regarding Resolution No. 156-2024 authorizing the City Manager to execute agreements with California Department of Transportation for the South San Francisco Shoreline Protection and Connectivity Project and approving Budget Amendment Number 25.018. (Audriana Hossfeld, Senior Civil Engineer) 13 REGULAR CITY COUNCIL MEETING October 09, 2024 MINUTES PAGE 4 7. Report regarding Resolution No. 157-2024 authorizing the submittal of a grant application for Metropolitan Transportation Commission (MTC) Regional Measure 3 (RM3) Safe Routes to Transit and Bay Trail Program (SR2TBT) or similar grant applications for a local match amount not exceeding $2,000,000 to support Corridor Improvements along East Grand Avenue. (Jeffrey Chou, Senior Civil Engineer) 8. Report regarding Resolution No.158-2024 accepting a $270,000 grant from San Mateo County for the Economic Advancement Center, authorizing the City Manager to execute the grant agreement, and approving Budget Amendment Number 25.022 appropriating the funds. (Ernesto Lucero, Economic Development Manager) 9. Report regarding Resolution No. 159-2024 authorizing the submittal of a grant application for Environmental and Climate Justice Community Change Grants Program to support Grand Avenue Streetscape Improvement Project-st1801 (Matthew Ruble, Principal Engineer) 10. Report regarding Resolution No. 160-2024 authorizing the acceptance of $10,000 in grant funding from Sunlight Giving to enable Grand Avenue Library to update its furnishings and play equipment in the children’s area of the library. (Valerie Sommer, Library Director) Motion – Councilmember Nicolas /Second – Councilmember Nagales: To approve Consent Calendar items 4 through 10 by roll call vote: AYES: Mayor Coleman, Councilmembers Addiego, Nicolas, Nagales, and Vice Mayor Flores; NAYS: None; ABSENT: None; ABSTAIN: None ADMINISTRATIVE BUSINESS 12. Report regarding a study session and potential introduction of an ordinance amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments. (Tony Rozzi, Deputy Economic and Community Development Director) Deputy Economic and Community Development Director Rozzi presented the report and provided an overview of the project. The Council engaged in questions and discussion. The Council highlighted the importance of ensuring wage theft protections for workers in South San Francisco. The following individuals addressed the City Council: x Nels Delander x Tom Trayer x Arturo Sainz x Joe Sanders x Anthony Viscuso x Matt Russo x Bart Pañtoja x Marcus Alverez 14 REGULAR CITY COUNCIL MEETING October 09, 2024 MINUTES PAGE 5 The Council engaged in discussions and provided direction to staff. There was direction to lower the exception from projects that are 15,000 square feet to 5,000 square feet for smaller commercial developments. Motion – Councilmember Nagales /Second – Councilmember Addiego: To introduce an Ordinance amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments and by roll call vote: AYES: Vice Mayor Flores, Councilmember Nagales, Mayor Coleman, Councilmember Addiego and Councilmember Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None. 11. Report regarding Resolution No. 161-2024 authorizing acceptance of a $1,527,120 grant award and funding agreement with the California Department of Transportation for Cycle 11 State-Funded Highway Safety Improvement Program funding and associated Budget Amendment Number 25.015. (John Wilson, Associate Engineer) Associate Engineer Wilson presented the report and provided an overview of the project. The Council engaged in questions and discussion and expressed its desire for additional research on tracking traffic impacts. Motion-Councilmember Nicolas/ Second: Vice Mayor Flores to approve Resolution No.161-2024 authorizing acceptance of a $1,527,120 grant award and funding agreement with the California Department of Transportation for Cycle 11 State-Funded Highway Safety Improvement Program funding and approval of Budget Amendment Number 25.015. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS 13. Proclamation celebrating Filipino American Heritage Month presented on October 5, 2024. (James Coleman, Mayor) Mayor Coleman apprised the community that a proclamation was presented to the Consulate General of the Philippines on October 5, 2024. 14. Council discussion on designation of voting delegates and alternates for the League of California Cities Annual Conference and Expo. (Eddie Flores, Vice Mayor) After Council review and discussion, Vice Mayor Flores was appointed to serve as a voting delegate. 15 REGULAR CITY COUNCIL MEETING October 09, 2024 MINUTES PAGE 6 ADJOURNMENT Being no further business, Mayor Coleman adjourned the City Council meeting at 8:46 p.m. Submitted by: Approved by: Sarah Harper James Coleman Deputy City Clerk Mayor Approved by the City Council: / / NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions of meeting items can be viewed in archived video/audio recordings on the City’s website at https://www.ssf.net/Government/Video-Streaming-City-and-Council-Meetings/City- Council Public comments submitted via the eComment portal can be viewed in the City Clerk’s repository at https://ci-ssf-ca.granicusideas.com/meetings?scope=past 16 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1034 Agenda Date:10/23/2024 Version:1 Item #:3. Report regarding a resolution accepting a FY 2024 Port Security Grant Program grant in the amount of $29,867.10 to purchase and install a fire suppression pump and fixed monitor for the department’s fire boat; authorizing the use of Public Safety Impact Fees in an amount not to exceed $9,955.70 to be applied as the required grant match; approving Budget Amendment Number 25.023 to the Fire Department operating budget in the amount of $39,822.80; and authorizing the City Manager to execute the purchase agreement on behalf of the City of South San Francisco with North River Boats in an amount not to exceed $39,822.80. (Matt Samson, Fire Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a FY 2024 Port Security Grant Program grant in the amount of $29,867.10 to purchase and install a fire suppression pump and fixed monitor for the Fire Department’s fire boat; authorizing the use of Public Safety Impact Fees in an amount not to exceed $9,955.70; approving Budget Amendment Number 25.023 to the Fire Department operating budget in the amount of $39,822.80; and authorizing the City Manager to execute the purchase agreement on behalf of the City of South San Francisco with North River Boats in an amount not to exceed $39,822.80. BACKGROUND/DISCUSSION In 2023, the City Council approved funding for the purchase of a fire boat to replace the department’s previous rescue boat that had served since 2007. In late, 2022, the prior boat was due to be repowered and a grant was secured for replacement motors. When the boat was taken out of the water, it was deemed no longer seaworthy due to excess wear and tear of its hull. This damage was not uncommon for a vessel with a similar service life. As part of a replacement plan, a new fire boat was purchased and the monies earmarked for the prior boat’s motors were transferred to the new vessel, resulting in $55,000.00 in savings. In 2024, Fire Department (Department) personnel applied for and received a Port Security Grant Program grant to secure funding for the purchase and installation of a fire pump and fixed monitor on the department’s fire boat. This boat, currently under construction, was designed to support the installation of this fire suppression equipment once funding became available. These items were omitted from the original design specification to allow for the purchase of a smaller vessel at the time the Department’s first rescue boat was determined to be no longer seaworthy. This smaller vessel was purchased used and has been in service for 12 months, filling a much needed response void for the waters off of Oyster Point. Through two successful grant applications, approximately $85,000.00 has been secured to purchase equipment for the new fire boat (motors, fire pump, fixed monitor). These savings have allowed the Department to reduce dependency on its operating budget while also providing for a rescue boat that has served for the last 12 months, responding to over 36 calls. This boat will remain in reserve status and be called upon to support large incidents, support boat operator training, and remain available to be placed into service when our primary boat is out of service. Fire Department staff has identified the need for enhanced capabilities for the new fire boat, including the capability to extinguish fires on bay water, in marinas, and ones close to the bay shoreline. The new boat’s design provides for minimal installation efforts as the cabling and plumbing needed to facilitate a fire pump and fixed monitor were included in the design specifications. As the new boat is under construction in the State of Washington, the least expensive installation option is to have the grant-funded equipment installed at the manufacturer’s factory. North River Boats was able to secure all the requested City of South San Francisco Printed on 10/18/2024Page 1 of 2 powered by Legistar™17 File #:24-1034 Agenda Date:10/23/2024 Version:1 Item #:3. equipment at a competitive cost and was able to reduce the shipping and installation charges as they will perform the work at their factory at an advantageous time in the construction schedule. FISCAL IMPACT Acceptance of grant funds will require a 25% match of city funds to satisfy the granting agency’s requirements. Approval of Budget Amendment Number 25.023 will increase the Fire Department operating budget in the amount of $39,822.80. Public Safety Impact Fees are requested to be applied towards the 25% required funding match, or $9,955.70. All additional expenses (75% or $29,867.10) included with this grant will be reimbursed to the City and it is expected that there will be no additional impacts to the General Fund from this request. RELATIONSHIP TO STRATEGIC PLAN This request is in alignment with Priority 4, Public Safety, in that the fire boat ensures that the Fire Department has the tools and equipment it needs to provide high quality services to the community. CONCLUSION It is recommended that the City Council adopt a resolution accepting a FY 2024 Port Security Grant Program grant in the amount of $29,867.10 to purchase and install a fire suppression pump and fixed monitor for the Department’s fire boat; authorizing the use of Public Safety Impact Fees in an amount not to exceed $9,955.70; approving Budget Amendment Number 25.023 to the Fire Department’s operating budget in the amount of $39,822.80; and authorizing the City Manager to execute the purchase agreement on behalf of the City of South San Francisco with North River Boats in an amount not to exceed $39,822.80. City of South San Francisco Printed on 10/18/2024Page 2 of 2 powered by Legistar™18 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1035 Agenda Date:10/23/2024 Version:1 Item #:3a. Resolution accepting a FY 2024 Port Security Grant Program grant in the amount of $29,867.10 to purchase and install a fire suppression pump and fixed monitor for the Fire Department’s fire boat; authorizing the use of Public Safety Impact Fees in an amount not to exceed $9,955.70 to be applied as the required grant match; approving Budget Amendment Number 25.023 to the Fire Department operating budget in the amount of $39,822.80; and authorizing the City Manager to execute the purchase agreement on behalf of the City of South San Francisco with North River Boats in an amount not to exceed $39,822.80. (Matt Samson, Fire Chief) WHEREAS, the City of South San Francisco (“City”) staff recommends that the City Council adopt a resolution accepting a FY 2024 Port Security Grant Program grant in the amount of $29,867.10 to enhance fire suppression capabilities for the Fire Department’s fire boat; and WHEREAS, in 2024, Fire Department (Department) personnel applied for marine based fire suppression enhancements through the Port Security Grant Program focusing on the program’s priorities of hardening public marinas, ports, and navigable waterways; and WHEREAS, Fire Department staff have identified the need for enhanced marine fire suppression capabilities and will have an adequate platform to both install and utilize the awarded equipment with the delivery of a new fire boat; and WHEREAS, Port Security Grant Program Grant funds were requested and approved to purchase and install a fire pump and associated fixed monitor on the Department’s fire boat, allowing for waterside fire suppression capabilities; and WHEREAS, acceptance of the Port Security Grant Program grant funds requires City matching funds equal to 25% of the award and approval of Budget Adjustment Number 25.023 will increase the Fire Department operating budget in the amount of $39,822.80; and WHEREAS, the City Council now desires to appropriate Public Safety Impact Fees in the amount of $9,955.70 into the Fire Department’s fiscal year (FY) 2024-25 Operating Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby take the following actions: 1. Accepts a Port Security Grant Program grant in the amount of $29,867.10 to enhance operational effectiveness and fire suppression capabilities for the Fire Department’s fire boat. 2. Approves Budget Amendment Number 25.023 to the Fire Department operating budget in the amount of $39,822.80. City of South San Francisco Printed on 11/14/2024Page 1 of 2 powered by Legistar™19 File #:24-1035 Agenda Date:10/23/2024 Version:1 Item #:3a. 3. Authorizes the appropriation of Public Safety Impact Fees in the amount of $9,955.70 into the Fire Department’s FY 2024-25 Operating Budget. 4. Authorizes the City Manager to enter into an agreement with North River Boats to purchase the identified fire pump and fixed monitor, including installation costs, subject to approval as to form by the City Attorney. 5. Authorizes the City Manager to take any other action consistent with carrying out the intent of this resolution. ***** City of South San Francisco Printed on 11/14/2024Page 2 of 2 powered by Legistar™20 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1042 Agenda Date:10/23/2024 Version:1 Item #:4. Report regarding a second reading and adoption of an ordinance amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments.(Tony Rozzi, Deputy Economic and Community Development Director) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance: Ordinance amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments. The City Council introduced the ordinance making a minor edit by lowering the exemption threshold for a new project or remodel from 15,000 square feet to 5,000 square feet. This edit is reflected in the second reading ordinance for adoption. (Introduced on October 9, 2024; Vote 5-0) This ordinance is now ready for adoption. City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™21 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. Ordinance of the City of South San Francisco amending Title 8 of the South San Francisco Municipal Code to add Chapter 8.78 to regulate certain private development projects by withholding the certificate of occupancy or building permit final when an owner or contractor has unpaid final wage theft judgments WHEREAS, the labor advocate Nor Cal Carpenters Union has identified wage theft as an ongoing issue on construction projects and has requested local jurisdictions to take reasonable enforcement action to reduce this type of violation; and WHEREAS, the failure by an employer to pay owed and earned wages by contract can affect the health and welfare of employees and/or residents of South San Francisco; and WHEREAS, in compliance with California State law, the City has drafted a local ordinance for enforcement of final wage theft judgments made by the State of California Labor Commission; and WHEREAS, this ordinance would withhold Certificate of occupancy or Building permit final approvals from a contractor if City staff have sustained a complaint of an unpaid wage theft judgment; and WHEREAS, by withholding Certificate of occupancy or Building permit final, the City will incentivize resolution of an unresolved wage theft judgment since most private contracts require complete approvals prior to final payment; and WHEREAS, this ordinance will be enforceable for new construction meeting certain size and valuation thresholds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: City of South San Francisco Printed on 11/14/2024Page 1 of 6 powered by Legistar™22 File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. Section 1. Preamble The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. Section 2. Adoption of Chapter 8.78 Wage Theft Ordinance 8.78.010 Title and purpose This chapter provides local enforcement and penalty for any contractor doing a project within the City and deemed to have an unresolved wage theft judgment on their record. The City has the right to withhold a Certificate of occupancy or Building permit final in this circumstance as a local measure to ensure fair and equitable wage payments to employees. 8.78.020 Definitions The following words and phrases, whenever used in this Part, shall be construed as defined in this section: A.“Certificate of occupancy” means the building official’s certification that the project complies with all applicable requirements for occupancy. The building official’s signature on the final inspection card may serve as the certificate of occupancy. B.“Building permit final” means all components related to the project are complete: There are no construction crew left on site working, there are no outstanding correction items from any department and all departments have signed off. C.“Contractor” means the prime contractor for the project. D.“Subcontractor” means any business or person that carries out work of the prime contractor or another contractor for the project. E.“Hearing officer” means the City Attorney or designee. F.“Labor Code Section 226(a)” is a provision of the California Labor Code that requires the employer to provide each employee, either bimonthly or at the time of payment of wages, an itemized wage statement that contains certain specified information concerning the employee’s wages and deductions. G.“Labor Code Section 2810.5” is a provision of the California Labor Code that requires the employer, at the time of hiring, to provide each employee a written notice containing certain specified information about the employer, the employee’s rate of pay, worker’s compensation insurance, and sick leave. H.“Mail” means to deposit in United States mail, postage prepaid, unless the parties have agreed in writing to receive notifications by email in lieu of United States mail. I.“New construction” means construction of new buildings or structures including additions to existing City of South San Francisco Printed on 11/14/2024Page 2 of 6 powered by Legistar™23 File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. buildings and structures. J.“Owner” means the person or persons, firm, corporation, partnership or other legal entity exercising ownership of the project. K.“Remodeling” means internal or external reconstruction, renovation, or improvements to an existing building or structure that does not constitute complete replacement of the existing building or structure. L.“Project” means a construction project that requires a building permit from the City of South San Francisco. M.“Project construction employees” means employees of the contractor or subcontractor. N.“Representative” means a person authorized to legally bind the owner and/or contractor (for example, a corporate officer, general partner, or managing member of a limited liability company). O.“Unpaid wage theft judgment” means a judgment, decision or order, for which all appeals have been exhausted or the time to appeal has expired, that was issued by a court of law or an investigatory government agency authorized to enforce applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and the City of South San Francisco Minimum Wage Ordinance (Chapter 8.71), and which has not been fully paid or satisfied. As used in this subsection, “investigatory government agency” includes the United States Department of Labor, the California Division of Labor Standards Enforcement, the city of South San Francisco, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. 8.78.030 Exemptions A project that meets any of the following criteria is exempt from the requirements of this chapter. A.The project consists of less than five thousand square feet of new construction or remodeling. 8.78.040 Acknowledgement of responsibility As a condition of approval for any building permit required for a project, an applicant shall sign an acknowledgement that: A.The owner, contractor, and all subcontractors on the project will comply with all applicable provisions of this chapter and the California Labor Code, including Labor Code Sections 2810.5 and 226a. B.The owner and contractor are responsible for ensuring that the contractor and all subcontractors on the project pay any wage theft judgments that have been entered against them either before or during the construction of the project. C.A violation under Section 8.78.070 will result in withholding of the certificate of occupancy/building permit final, whichever is applicable, at the conclusion of the project. City of South San Francisco Printed on 11/14/2024Page 3 of 6 powered by Legistar™24 File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. 8.78.050 Posting Each day that work is performed on the project, the contractor shall post, in a conspicuous place at each job site where work takes place, the notice published each year by the city informing employees of their rights under this chapter. The notice shall be written in the top three languages spoken in the city based on the latest available census information for the City. 8.78.060 Pay transparency certification Prior to issuance of approval of certificate of occupancy or building permit final for a project, for each contractor or subcontractor whose portion of the work exceeds one hundred thousand dollars or one percent of the value of the construction cost of the project, whichever is greater, owner shall provide to the city a pay transparency certification (“certification”), signed by a representative of the owner, the contractor and any subcontractor under penalty of perjury under the laws of the state of California. The certification required under this section shall be in a form approved by the city and contain the following. A.A statement that the owner, contractor, and any subcontractors have no unpaid wage theft judgments; and B.A statement that: (1)Project construction employees of the contractor and any subcontractors received written notice of the employers’ pay practices as required by California Labor Code Section 2810.5 and wage statements under Labor Code Section 226(a); or (2)Project construction employees of the contractor and/or any subcontractors are covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employee, and the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than thirty percent more than the state minimum wage. (See Labor Code Section 2810.5(c)). 8.78.070 Violations A.The building official shall not issue a certificate of occupancy or building permit final under either of the following circumstances: (1)The owner has failed to submit the pay transparency certification required by Section 8.78.060. (2)The City Attorney has sustained a complaint of an unpaid wage theft judgment pursuant to Section 8.78.080, and the owner or contractor has neither cured the unpaid wage theft judgment nor reversed the City Attorney’s determination by appeal pursuant to Section 8.78.090. 8.78.80 Unpaid wage theft judgment - Complaint A.Any person who is aware of an unpaid wage theft judgment against the contractor or a subcontractor on a project whose portion of the work exceeds one hundred thousand dollars or one percent of the value of the construction cost of the project, whichever is greater, may submit a complaint to the building City of South San Francisco Printed on 11/14/2024Page 4 of 6 powered by Legistar™25 File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. official. The complaint must include: (1) a copy of a labor commissioner’s order, decision or award; (2) a copy of the judgment entered by a court of law that the specified contractor or subcontractor is the subject of an unpaid wage theft judgment; and (3) a declaration signed under penalty of perjury from the person that is owed the unpaid wages under the final wage theft judgment against the specified contractor or subcontractor that the judgment has not been satisfied. B.The complaint must be received by the building official before the building official has issued a certificate of occupancy or building permit final. After receiving a complaint, the building official shall not issue the certificate of occupancy or building permit final if the City Attorney finds that the complaint is sustained. C.The City Attorney shall, within 10 working days, mail written notice of the complaint to the owner and contractor at the address(es) on file with the city for the project. If the review of the complaint will delay issuance of the certificate of occupancy or building permit final, the City Attorney shall notify the owner and contractor as soon as practicable. D.The owner or contractor may provide a written response to the complaint within 30 working days of the mailing of the notice of alleged violation. Failure to respond may be deemed an admission to the truth of the facts alleged in the complaint. E.After consideration of the complaint and the owner or contractor’s response, if any, the City Attorney shall make a finding that the complaint is either sustained or not sustained. The City Attorney’s decision shall be mailed to owner, contractor, complaining party, and the person that is owed the unpaid wages under the final wage theft judgment. 8.78.090 Unpaid wage theft judgment - Appeal A.If an owner or contractor is aggrieved by a decision of the City Attorney pursuant to Section 8.78.080, the aggrieved owner or contractor may appeal the decision by submitting a written appeal with the hearing officer within 10 working days of the mailing of the City Attorney’s decision. The appeal shall contain the facts and basis for the appeal. The appeal shall be accompanied by payment of the appeal fee adopted by the city council. B.The hearing shall be heard by the hearing officer within 60 working days of receipt of the appeal, or at a date and time agreed to by the parties. The complaining party shall be the respondent at the appeal hearing. C.All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Testimony may be taken on oath or affirmation. The hearing shall not be conducted according to formal rules of evidence. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. D.The hearing shall be de novo. The complaining party must prove by a preponderance of the evidence that the contractor or a subcontractor on the project is the subject of an unpaid wage theft judgment. E.The hearing officer shall issue a written decision within 10 working days of the hearing. The decision shall be final and shall be subject to judicial review according to the provisions and time limits set City of South San Francisco Printed on 11/14/2024Page 5 of 6 powered by Legistar™26 File #:24-1043 Agenda Date:10/23/2024 Version:1 Item #:4a. forth in Code of Civil Procedure Section 1094.6. 8.78.100 Cure of violation The owner, contractor, or subcontractor may cure a violation of this chapter at any time, including a violation related to an unpaid wage theft judgment, by providing evidence that the judgment has been paid, or that it has been secured by a labor payment bond, lien release bond, or similar security instrument in a form and amount sufficient to ensure that any wage claims and penalties can be fully paid. 8.78.110 No private right of action Nothing in this chapter shall be interpreted to authorize a right of action against the city. Section 3. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. ***** City of South San Francisco Printed on 11/14/2024Page 6 of 6 powered by Legistar™27 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-989 Agenda Date:10/23/2024 Version:1 Item #:5. Report regarding a resolution approving a license agreement and fee with SYNOOR LLC for tiebacks installation within the Noor Avenue Public Right-of-Way and approving Budget Amendment Number 25.020. (Matthew Ruble, Principal Engineer) RECOMMENDATION Staff recommend that the City Council adopt a resolution approving a license agreement and fee with SYNOOR LLC to allow for the installation of tiebacks within the Noor Avenue Public Right-of-Way as part of the construction of the 410 Noor Avenue Residential Development and approving Budget Amendment Number 25.020. BACKGROUND/DISCUSSION The 410 Noor Avenue property is being developed by SYNOOR LLC (“Developer”) to construct three new buildings containing 338 residential units and supporting site improvements (“Project”). The Project was approved by the City Council on December 1, 2022, via Resolution No. 20-872. The construction of Building B requires a temporary shoring wall to support the adjacent earth until the permanent basement walls are constructed. On August 23, 2023, the Developer submitted an encroachment permit application to install a structural retaining system with steel rods (tiebacks) in the Public Right-of-Way (“ROW”) on Noor Avenue. The Developer and City staff have met and discussed multiple alternatives to the temporary shoring and have ruled out other shoring options due to physical constraints and practical infeasibility. After reviewing the tieback policies of other local agencies and a case study on tiebacks, City staff determined that tiebacks can be allowed in the ROW with certain considerations, and an approval would consist of an encroachment permit and a license agreement defining a License Area. A draft license agreement has been prepared and signed by the applicant as shown in Exhibit A to the accompanying resolution. City staff have developed a policy for utilization of tiebacks within ROW to be applied to this and future projects. The tieback policy is as follows: Allow tiebacks in the ROW that serve as temporary supports for permanent shoring construction. Alternative temporary shoring methods shall be demonstrated to be infeasible for the project. Tiebacks within a minimum of 20 feet of the surface or where current or future infrastructure conflicts are identified: all tieback elements shall be removed in their entirety. Tiebacks deeper than 20 feet below surface: a tieback fee of $2,000 per tieback shall be charged, and the tieback may remain in-place under tension. The Project proposes installing 27 tiebacks within Noor Avenue all deeper than 20 feet below the surface as shown in the figures contained in Exhibit B to the accompanying resolution. There is no conflict with current or planned infrastructure. City of South San Francisco Printed on 10/18/2024Page 1 of 2 powered by Legistar™28 File #:24-989 Agenda Date:10/23/2024 Version:1 Item #:5. The total tieback license fee is $54,000. The related encroachment permit fees are $7,595.63. The total fee due for this item is therefore $61,595.63. FISCAL IMPACT The encroachment permit fees of $7,595.63 will be received into the General Fund to support staff and inspection time. The tieback fee of $54,000 will be received into the Infrastructure Reserve Fund via Budget Amendment Number 25.020 with the intent that, if ever in the future, a tieback left within the ROW needed to be removed, the funding within Infrastructure Reserves would be utilized. RELATIONSHIP TO THE STRATEGIC PLAN Approving the proposed agreement will support City Priority Area 2, Initiative 2.4 expanding employment options through development projects. CONCLUSION Staff recommend that the City Council adopt a resolution approving a license agreement and fee with SYNOOR LLC to allow for the installation of tiebacks within the Noor Avenue Public Right-of-Way as part of the construction of the 410 Noor Avenue Residential Development and authorizing the City Manager to execute the agreement and approving Budget Amendment Number 25.020. Attachments: 1. Vicinity Map City of South San Francisco Printed on 10/18/2024Page 2 of 2 powered by Legistar™29 BC-2 BC-4 BC-5 BC-5.1 BC-6.1 BC-1 BC-2.5 BC-3 BC-3.3 BC-4.5 BC-6 BC-LBC-K BC-K.7BC-JBC-HBC-GBC-E BC-E.9 BC-F BC-G.1 BC-H.5 BC-J.1BC-A.9 BC-CBC-B BC-B.1 BC-DBC-C.1 BC-D.1BC-A 1 1st FLOOR ELEV. +46.50' (0'-0") B1 FLOOR EVEV. +35.33' (-11'-2") B2 FLOOR ELEV. +25.16' (-21'-4") S.O.G. THICKNESS 0'-5" ROCK THICKNESS 0'-8" PERIMETER FTG. THICKNESS 2'-0" B.O.E. / FTG. +22.07' ± V.I.F. B2 FLOOR ELEV. +25.16' (-21'-4") ELEV. PIT ELEV. +20.16' (-26'-4") SUMP PIT DEPTH 2'-0" SUMP PIT SLAB 0'-10" B.O.E +17.32' ± V.I.F. TYP.1 SH2.1 MATCH LINE, SEE SHEET SH3.2 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 28148 140 132 143 138 133 2 3 4 5 2726252423222120191817161514131211109876 125 126 127 128 129 130 131 134 135 136 137 139 145 146 147 141 142 144 3 SH2.2 1 SH4.1 2 SH4.1 2 SH4.4 1 SH2.4 F.G. +37.03'± E.G. +37.74'± F.G. +37.14'± E.G. +37.79'± F.G. +37.25'± E.G. +37.93'± F.G. +37.37'± E.G. +38.08'± F.G. +37.48'± E.G. +38.09'± F.G. +37.59'± E.G. +38.21'± F.G. +37.71'± E.G. +38.48'±F.G. +37.79'± E.G. +38.57'±F.G. +37.88'± E.G. +38.66'±F.G. +37.96'± E.G. +38.70'±F.G. +38.04'± E.G. +38.81'±F.G. +38.12'± E.G. +38.90'±F.G. +38.19'± E.G. +38.93'± F.G. +38.27'± E.G. +39.05'± F.G. +38.33'± E.G. +39.09'±F.G. +38.40'± E.G. +39.07'±F.G. +38.46'± E.G. +39.20'±F.G. +38.52'± E.G. +39.21'±F.G. +38.60'± E.G. +39.39'±F.G. +38.67'± E.G. +39.48'±F.G. +38.75'± E.G. +39.59'± F.G. +38.81'± E.G. +39.49'± F.G. +38.87'± E.G. +39.58'± F.G. +38.93'± E.G. +39.58'±F.G. +38.99'± E.G. +39.60'±F.G. +39.06'± E.G. +39.64'±F.G. +39.13'± E.G. +39.69'± 1 SH2.2 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 8 3 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 5 " T O P R O P E R T Y L I N E 25 ' - 3 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 1 7 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 1 1 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 9 7 / 8 " T O P R O P E R T Y L I N E 24 ' - 8 1 / 8 " T O P R O P E R T Y L I N E 24 ' - 6 3 / 8 " T O P R O P E R T Y L I N E 24 ' - 4 5 / 8 " T O P R O P E R T Y L I N E 24 ' - 2 1 3 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 1 1 5 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 9 1 / 2 " T O P R O P E R T Y L I N E 23 ' - 7 3 / 4 " T O P R O P E R T Y L I N E 23 ' - 6 " T O P R O P E R T Y L I N E 23 ' - 4 3 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 2 7 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 5 9 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 7 3 / 8 " T O P R O P E R T Y L I N E 22 ' - 9 1 / 8 " T O P R O P E R T Y L I N E 22 ' - 1 0 7 / 8 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 1PARTIAL SHORING PLAN 1/8"=1'-0"0' SCALE: 1' 5' 10' 1/8"=1'-0" 1. FOR GENERAL NOTES REFER TO SHEET SH1.1. 2. FOR TYPICAL SHORING DETAILS REFER TO SHEET SH2.1. 3. FOR TYPICAL CONSTRUCTION GUARD RAIL REFER TO DETAIL 4/SH2.1. 4. EXISTING SITE CONDITIONS (SITE PLAN), GRID AND NEW IMPROVEMENTS SHOWN ARE FOR REFERENCE ONLY AND MAY NOT REFLECT ALL SITE CONDITIONS AND ACCURATE DIMENSIONS. SEE ARCHITECTURAL DRAWINGS FOR BUILDING GRID AND DIMENSIONS. SEE PROJECT CIVIL PLANS FOR SITE AND CONDITIONS. 5. EXISTING UTILITIES SHOWN ON THIS PLAN ARE BASED ON RECORD LOCATIONS SHOWN ON THE SITE TOPOGRAPHICAL SURVEY. ADDITIONAL UTILITIES MAY BE PRESENT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM AND/OR DETERMINE THE LOCATION OF ALL UTILITIES AND DRILLING CLEARANCE PRIOR TO PROCEEDING WITH DRILLING OPERATIONS. 6. EXISTING UTILITIES TO BE ABANDONED AND IN CONFLICT WITH NEW SHORING SHALL BE REMOVED BY GENERAL CONTRACTOR PRIOR TO SHORING INSTALLATION. 7. SHORING CONTRACTOR TO VERIFY QUANTITY OF SOLDIER PILES. 8. BUILDING B - B2 PAD ELEVATION FOR REFERENCE ONLY +24.74'± VERIFY WITH CIVIL DRAWINGS. SHORING NOTES: NORTH 0 062-722-008-1 ASU TRELAECIVRESDNUORG R E D N U G I D U OYEROFEBLLAC RESTRAINED SOLDIER PILE SCHEDULE SOLDIER PILE NUMBER SHORING TYPE (T=TIEBACK) MAX. CUT HEIGHT "H" MIN. TOE DEPTH "D" SOLDIER PILE TOTAL LENGTH MINIMUM PILE SECTION (GR. 50) DSM PILE SPACING TIEBACK DL LOAD/ ANGLE TIEBACK TEST LOAD TIEBACK UNBONDED LENGTH ESTIMATED TIEBACK BONDED LENGTH ESTIMATED TIEBACK TOTAL LENGTH ESTIMATED TIEBACK TAIL LENGTH NUMBER OF TIEBACK STRANDS MINIMUM ELONGATION (IN.) THREADED BAR SIZE (GR 75) MINIMUM ELONGATION (IN.) SOLDIER PILE COUNT SEE NOTE 7 1-6 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --6 "H" 146-148 T - 2'-0" SLOPE 16'-6" 14'-0" 30'-6" W18x35 7'-0"105 KIPS/ 20°131 KIPS 15'-0" 37'-6" 52'-6" 3'-0" 3 1.17 - -3 7-9, 19-28 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --22 "H" 10-18 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W18x35 7'-0" 112 KIPS/ 25° 139 KIPS 15'-0" 40'-0" 55'-0" 3'-0" 4 0.96 - -22 "H" 127-135, 144, 145 T - 2'-0" SLOPE 18'-6" 14'-0" 32'-6" W18x35 7'-0"112 KIPS/ 20° 140 KIPS 15'-0" 40'-0" 55'-0" 3'-0"41.24 - - 11 29, 30, 36 T - 2'-0" SLOPE 18'-6" 10'-0" 28'-6" W14x74 7'-0" 81 KIPS/ 20° 101.5 KIPS 15'-0" 29'-0" 44'-0"3'-0" 3 0.92 - -3 'H" 70-98 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 79 KIPS/ 15° ROW 1 54 KIPS/ 15° ROW 2 98.5 KIPS ROW 1 67.5 KIPS ROW 2 12'-0" 10'-0" 23'-2" 19'-3" 35'-2" 29'-3"2'-0" - - #11 #10 0.28 0.21 29 'H" 99-121 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 81 KIPS/ 20° ROW 1 54 KIPS/ 15° ROW 2 101 KIPS ROW 1 67.5 KIPS ROW 2 15'-0" 15'-0" 26'-3" 19'-3" 41'-3" 34'-3"3'-0"3 2 0.91 0.91 --23 "H" 122-126 T - 2'-0" SLOPE 20'-6" 13'-6" 34'-0" W18x35 7'-0"114.5 KIPS/ 20° 143 KIPS 15'-0" 41'-0" 56'-0" 3'-0"4 1.28 --5 37-69 T - 2'-0" SLOPE 20'-6" 10'-0" 30'-6"W14x74 7'-0"91 KIPS/ 20° 114 KIPS 15'-0" 32'-6" 47'-6" 3'-0" 3 1.04 --33 "H" 140-143 T - 2'-0" SLOPE 22'-6" 15'-0" 37'-6" W18x40 7'-0"119.5 KIPS/ 20° 149 KIPS 15'-0" 42'-6" 57'-6" 3'-0"4 1.00 --4 31-35 T - 2'-0" SLOPE 22'-6" 10'-0" 32'-6" W14x74 7'-0" 101.5 KIPS/ 20° 127 KIPS 15'-0" 36'-3" 51'-3" 3'-0" 3 1.16 - -5 "H" 136-139 T - 2'-0" SLOPE 23'-6" 16'-6" 40'-0"W21x44 7'-0"123 KIPS/ 20° 154 KIPS 15'-0" 44'-0" 59'-0" 3'-0"4 1.03 --4 ** "H" DENOTES HEAVY SURCHARGE, 120,000 LB. POINT LOAD A MINIMUM OF 6'-0" CLEAR FROM FACE OF SHORING OR FROM TOP OF SLOPE. THE MINIMUM ELONGATION IS 80% OF THE THEORETICAL ELONGATION AND INCLUDES A 3'-0" LONG STRESSING TAIL LENGTH. STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING PLAN SH3.1 A-1 A-2 B-1 B-2 C-1 C-2 KEY PLAN 1 2 3 4 4 4 5 5 5 6 06/14/2023 $77$&+0(17 30 KKBC-KBC KBC KBBBBC-K BC-CJJJBC-JBC-JBC-JBBBBC-JHHHC-HCHCHCCCBCBCBCBBBBC-HGGGBC-GBC GBC GBBBBBBC-GEEEEBC-EBC-EBC-EBC EBC EBBBBBBBBBBBC-E 99999999.9999.9C-E.C-EEEC-ECEBCBCBCBCC-E.FFFFFFBC-FFFBC FBC FBBBBBC-F 111111.111C-G.CGCGBCBCBCC-G..555C-H.CHCHCCCCCCBCBCBCC-H..111C-J.C-JC-JCBCBCBCCBBBBBBC-J.CCCCC-CCCCC-BC-BCBCBCBBBBBC-CBBBBBC-BBC BBC BBC BBBBBBBBBBBBBC-B .1111C-B.CBCBCBCCCCCCCCCBCBCBCBCBCCCCC-B.DDDDDBC-DCBCDBC DBC DBC-DBBBBBBBBC-D11111.C-C.C CCCCCCCBC-C.BCBCBCBCC-C..11111C-D.DCDCDC-DBCBBCBCBCC-D. F.G. +37.03'±3370+37FF E.G. +37.74'±4'±EG +3774±G. EEE F.G. +37.14'±F +37 14F.GF.G .G. +37.79'±37 79±E.G.E.G.EG +3779± F.G. +37.25'±37 25'± E.G. +37.93'±EG +3793±EG +3793± F.G. +37.37'±37' E.G. +38.08'±EG +3808±EG +3808± F.G. +37.48'± +38.09'±+38 09±38 09±E.G. +38.EG +EG +3+38. F.G. +37.59'± E.G. +38.21'±EG +3821±E G +38 21'±E F.G. +37.71'±+ +38.48'±+38 48±+38 48'±E.G. +EG +EG ++F.G. +37.79'± E.G. +38.57'±G +38 57±G +38 57'±E.GEEGE.G F.G. +37.88'± E.G. +38.66'±EG +3866±E G +38 66'± F.G. +37.96'±±FF E.G. +38.70'±EG +3870±±E G +38 70'±EEEE F.G. +38.04'± E.G. +38.81'±EG +3881±E G +38 81'±81±F.G. +38.12'±. + .90'±90±90'E.G. +38E G +38EG 38EG F.G. +38.19'±G. +3 E.G. +38.93'±EG +3893±E G +38 93'± F.G. +38.27'±G E.G. +39.05'±EG +3905±GE G +39 05'± F.G. +38.33'± E.G. +39.09'±EG +3909±E G +39 09'± F.G. +38.40'±8 9.07'±907±907'±E.G. +39E G +39E G +399 F.G. +38.46'±G. + E.G. +39.20'±EG +3920±E G +39 20'± F.G. +38.52'± E.G. +39.21'±EG +3921±E G +39 21'± F.G. +38.60'± E.G. +39.39'±EG +3939±E G +39 39'± F.G. +38.67'± E.G. +39.48'±EG +3948±EG +3948± +38.75'±5'F.G. +38.75'±+± ±±±+39.59'±+39 59±+39 59±5E.G. +EG +EG ++± F.G. +38.81'± E.G. +39.49'±EG +3949±EG +3949± F.G. +38.87'± E.G. +39.58'±EG +3958±EG +3958± F.G. +38.93'± E.G. +39.58'±EG +3958±EG +3958± G. +38.99'±9+38F.GG G. +39.60'±6G +39 60±G +39 60±G. 39.60±E.G.EGEGE.GG F.G. +39.06'± E.G. +39.64'±EG +3964±EG +3964±EG +3964± - Area of tieback encroachment City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-991 Agenda Date:10/23/2024 Version:1 Item #:5a. Resolution approving a license agreement with SYNOOR LLC to allow for the installation of tiebacks within the Noor Avenue Public Right-of-Way as part of the construction of the 410 Noor Avenue Residential Development and approving Budget Amendment Number 25.020. WHEREAS, 410 Noor Avenue, is being developed by SYNOOR LLC (“Developer”) to construct three new buildings containing 338 residential units and supporting site improvements (“Project”); and WHEREAS, the Project was approved by the City Council on December 1, 2022, via Resolution No.20-872; and WHEREAS, the construction of Building B requires a temporary shoring wall to support the adjacent earth until the permanent basement walls are constructed; and WHEREAS, the Project proposes to install 27 tiebacks within Noor Avenue all deeper than 20-feet below the surface; and, WHEREAS, the Developer and City staff have met and discussed multiple alternatives to the temporary shoring and have ruled out other shoring options due to physical constraints and practical infeasibility; and, WHEREAS, City staff determined that tiebacks will be allowed in the public Right-of-Way (“ROW”) subject to the issuance of an Encroachment Permit and execution of a License Agreement; and, WHEREAS, the License Agreement defines the License Area for tiebacks to extend into the Noor Avenue ROW and the License Fee in the amount of $54,000; and, WHEREAS, the City and Developer have reviewed and agreed upon the License Agreement attached hereto as Exhibit A; and WHEREAS, if approved, Budget Amendment Number 25.020 would increase budgeted revenues by $54,000 for fiscal year 2024-25. THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1. Approves a License Agreement with SYNOOR LLC for tiebacks in the Public Right-of-Way, attached hereto and incorporated herein as Exhibit A and with attachments in Exhibit B. 2. Authorizes the City Manager to execute the License Agreement in substantially the same form as City of South San Francisco Printed on 11/14/2024Page 1 of 2 powered by Legistar™31 File #:24-991 Agenda Date:10/23/2024 Version:1 Item #:5a. Exhibit A, and to execute any necessary documents to effectuate the License Agreement, subject to review and approval as to form by the City Attorney and take any other action necessary to accomplish the intent of this resolution and the accompanying staff report. 3. Approves Budget Amendment Number 25.020 to amend the Fiscal Year 2024-25 budget to add $54,000 to the Infrastructure Reserves. ***** City of South San Francisco Printed on 11/14/2024Page 2 of 2 powered by Legistar™32 &YIJCJU" 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Fidelity National Title Company CLTA Preliminary Report Form (Modified 11/17/06) Printed: 6/8/2022 12:05 PM by <<User Initials>> lPrelm (DSI Rev. 04/10/20) Page 3 Order No.: 01005211-010-PA-SL0 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SO. SAN FRANCISCO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: Parcel One, as shown on that certain Map entitled "Parcel Map 96-025", which Map was filed in the office of the recorder of the County of San Mateo, State of California, on July 03, 1996 in Book 69 of Parcel Maps of Maps at Page(s) 28 and 29. Reserving therefrom an easement, not to be exclusive, for Sanitary Sewer purposes, as an appurtenance to and for the benefit and use of Parcel Two as shown on said "Parcel Map 96-025" and any subsequent subdivision or subdivisions thereof, under, over and across that portion of said Parcel One designated "10" Sanitary Sewer Easement (Private) for the Benefit of Parcels Three and Two (through Parcel One) on said "Parcel Map 96-025". Parcel Two: An easement, not to be exclusive, for Sanitary sewer purposes, as an appurtenance to and for the benefit and use of Parcel Three as shown on the above-referenced "Parcel Map 96-025" and any subsequent Subdivision thereof, under, over and across those portions of Parcel Two as shown on said "Parcel Map 96-025" designated "10" Sanitary Sewer Easement (Private) for the benefit of Parcel Three (through Parcel Two)" and Future 10' Sanitary Sewer Easement (Private) to be Granted by separate Document on said "Parcel Map 96-025". Parcel Three: Parcels A and B, as shown on that certain Map entitled "Parcel Map, Century Plaza", which Map was filed in the office of the recorder of the County of San Mateo, State of California, on October 19, 1984 in Book 55 of Parcel Maps of Maps at Page(s) 23. Certificate of Compliance recorded August 5, 2023 in Document No. 2023-042905, of Official Records. APN: 014-183-220, 014-183-270, 014-183-230 ([KLELW%/LFHQVH$JUHHPHQW$WWDFKPHQWV 92 EXHIBIT B EXHIBIT “B” License Area (See Attached) 93 BC-2 BC-4 BC-5 BC-5.1 BC-6.1 BC-1 BC-2.5 BC-3 BC-3.3 BC-4.5 BC-6 BC-LBC-K BC-K.7BC-JBC-HBC-GBC-E BC-E.9 BC-F BC-G.1 BC-H.5 BC-J.1BC-A.9 BC-CBC-B BC-B.1 BC-DBC-C.1 BC-D.1BC-A 1 1st FLOOR ELEV. +46.50' (0'-0") B1 FLOOR EVEV. +35.33' (-11'-2") B2 FLOOR ELEV. +25.16' (-21'-4") S.O.G. THICKNESS 0'-5" ROCK THICKNESS 0'-8" PERIMETER FTG. THICKNESS 2'-0" B.O.E. / FTG. +22.07' ± V.I.F. B2 FLOOR ELEV. +25.16' (-21'-4") ELEV. PIT ELEV. +20.16' (-26'-4") SUMP PIT DEPTH 2'-0" SUMP PIT SLAB 0'-10" B.O.E +17.32' ± V.I.F. TYP.1 SH2.1 MATCH LINE, SEE SHEET SH3.2 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 28148 140 132 143 138 133 2 3 4 5 2726252423222120191817161514131211109876 125 126 127 128 129 130 131 134 135 136 137 139 145 146 147 141 142 144 3 SH2.2 1 SH4.1 2 SH4.1 2 SH4.4 1 SH2.4 F.G. +37.03'± E.G. +37.74'± F.G. +37.14'± E.G. +37.79'± F.G. +37.25'± E.G. +37.93'± F.G. +37.37'± E.G. +38.08'± F.G. +37.48'± E.G. +38.09'± F.G. +37.59'± E.G. +38.21'± F.G. +37.71'± E.G. +38.48'±F.G. +37.79'± E.G. +38.57'±F.G. +37.88'± E.G. +38.66'±F.G. +37.96'± E.G. +38.70'±F.G. +38.04'± E.G. +38.81'±F.G. +38.12'± E.G. +38.90'±F.G. +38.19'± E.G. +38.93'± F.G. +38.27'± E.G. +39.05'± F.G. +38.33'± E.G. +39.09'±F.G. +38.40'± E.G. +39.07'±F.G. +38.46'± E.G. +39.20'±F.G. +38.52'± E.G. +39.21'±F.G. +38.60'± E.G. +39.39'±F.G. +38.67'± E.G. +39.48'±F.G. +38.75'± E.G. +39.59'± F.G. +38.81'± E.G. +39.49'± F.G. +38.87'± E.G. +39.58'± F.G. +38.93'± E.G. +39.58'±F.G. +38.99'± E.G. +39.60'±F.G. +39.06'± E.G. +39.64'±F.G. +39.13'± E.G. +39.69'± 1 SH2.2 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 8 3 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 5 " T O P R O P E R T Y L I N E 25 ' - 3 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 1 7 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 1 1 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 9 7 / 8 " T O P R O P E R T Y L I N E 24 ' - 8 1 / 8 " T O P R O P E R T Y L I N E 24 ' - 6 3 / 8 " T O P R O P E R T Y L I N E 24 ' - 4 5 / 8 " T O P R O P E R T Y L I N E 24 ' - 2 1 3 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 1 1 5 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 9 1 / 2 " T O P R O P E R T Y L I N E 23 ' - 7 3 / 4 " T O P R O P E R T Y L I N E 23 ' - 6 " T O P R O P E R T Y L I N E 23 ' - 4 3 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 2 7 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 5 9 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 7 3 / 8 " T O P R O P E R T Y L I N E 22 ' - 9 1 / 8 " T O P R O P E R T Y L I N E 22 ' - 1 0 7 / 8 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 1PARTIAL SHORING PLAN 1/8"=1'-0"0' SCALE: 1' 5' 10' 1/8"=1'-0" 1. FOR GENERAL NOTES REFER TO SHEET SH1.1. 2. FOR TYPICAL SHORING DETAILS REFER TO SHEET SH2.1. 3. FOR TYPICAL CONSTRUCTION GUARD RAIL REFER TO DETAIL 4/SH2.1. 4. EXISTING SITE CONDITIONS (SITE PLAN), GRID AND NEW IMPROVEMENTS SHOWN ARE FOR REFERENCE ONLY AND MAY NOT REFLECT ALL SITE CONDITIONS AND ACCURATE DIMENSIONS. SEE ARCHITECTURAL DRAWINGS FOR BUILDING GRID AND DIMENSIONS. SEE PROJECT CIVIL PLANS FOR SITE AND CONDITIONS. 5. EXISTING UTILITIES SHOWN ON THIS PLAN ARE BASED ON RECORD LOCATIONS SHOWN ON THE SITE TOPOGRAPHICAL SURVEY. ADDITIONAL UTILITIES MAY BE PRESENT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM AND/OR DETERMINE THE LOCATION OF ALL UTILITIES AND DRILLING CLEARANCE PRIOR TO PROCEEDING WITH DRILLING OPERATIONS. 6. EXISTING UTILITIES TO BE ABANDONED AND IN CONFLICT WITH NEW SHORING SHALL BE REMOVED BY GENERAL CONTRACTOR PRIOR TO SHORING INSTALLATION. 7. SHORING CONTRACTOR TO VERIFY QUANTITY OF SOLDIER PILES. 8. BUILDING B - B2 PAD ELEVATION FOR REFERENCE ONLY +24.74'± VERIFY WITH CIVIL DRAWINGS. SHORING NOTES: NORTH 0 062-722-008-1 ASU TRELAECIVRESDNUORG R E D N U G I D U OYEROFEBLLAC RESTRAINED SOLDIER PILE SCHEDULE SOLDIER PILE NUMBER SHORING TYPE (T=TIEBACK) MAX. CUT HEIGHT "H" MIN. TOE DEPTH "D" SOLDIER PILE TOTAL LENGTH MINIMUM PILE SECTION (GR. 50) DSM PILE SPACING TIEBACK DL LOAD/ ANGLE TIEBACK TEST LOAD TIEBACK UNBONDED LENGTH ESTIMATED TIEBACK BONDED LENGTH ESTIMATED TIEBACK TOTAL LENGTH ESTIMATED TIEBACK TAIL LENGTH NUMBER OF TIEBACK STRANDS MINIMUM ELONGATION (IN.) THREADED BAR SIZE (GR 75) MINIMUM ELONGATION (IN.) SOLDIER PILE COUNT SEE NOTE 7 1-6 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --6 "H" 146-148 T - 2'-0" SLOPE 16'-6" 14'-0" 30'-6" W18x35 7'-0"105 KIPS/ 20°131 KIPS 15'-0" 37'-6" 52'-6" 3'-0" 3 1.17 - -3 7-9, 19-28 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --22 "H" 10-18 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W18x35 7'-0" 112 KIPS/ 25° 139 KIPS 15'-0" 40'-0" 55'-0" 3'-0" 4 0.96 - -22 "H" 127-135, 144, 145 T - 2'-0" SLOPE 18'-6" 14'-0" 32'-6" W18x35 7'-0"112 KIPS/ 20° 140 KIPS 15'-0" 40'-0" 55'-0" 3'-0"41.24 - - 11 29, 30, 36 T - 2'-0" SLOPE 18'-6" 10'-0" 28'-6" W14x74 7'-0" 81 KIPS/ 20° 101.5 KIPS 15'-0" 29'-0" 44'-0"3'-0" 3 0.92 - -3 'H" 70-98 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 79 KIPS/ 15° ROW 1 54 KIPS/ 15° ROW 2 98.5 KIPS ROW 1 67.5 KIPS ROW 2 12'-0" 10'-0" 23'-2" 19'-3" 35'-2" 29'-3"2'-0" - - #11 #10 0.28 0.21 29 'H" 99-121 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 81 KIPS/ 20° ROW 1 54 KIPS/ 15° ROW 2 101 KIPS ROW 1 67.5 KIPS ROW 2 15'-0" 15'-0" 26'-3" 19'-3" 41'-3" 34'-3"3'-0"3 2 0.91 0.91 --23 "H" 122-126 T - 2'-0" SLOPE 20'-6" 13'-6" 34'-0" W18x35 7'-0"114.5 KIPS/ 20° 143 KIPS 15'-0" 41'-0" 56'-0" 3'-0"4 1.28 --5 37-69 T - 2'-0" SLOPE 20'-6" 10'-0" 30'-6"W14x74 7'-0"91 KIPS/ 20° 114 KIPS 15'-0" 32'-6" 47'-6" 3'-0" 3 1.04 --33 "H" 140-143 T - 2'-0" SLOPE 22'-6" 15'-0" 37'-6" W18x40 7'-0"119.5 KIPS/ 20° 149 KIPS 15'-0" 42'-6" 57'-6" 3'-0"4 1.00 --4 31-35 T - 2'-0" SLOPE 22'-6" 10'-0" 32'-6" W14x74 7'-0" 101.5 KIPS/ 20° 127 KIPS 15'-0" 36'-3" 51'-3" 3'-0" 3 1.16 - -5 "H" 136-139 T - 2'-0" SLOPE 23'-6" 16'-6" 40'-0"W21x44 7'-0"123 KIPS/ 20° 154 KIPS 15'-0" 44'-0" 59'-0" 3'-0"4 1.03 --4 ** "H" DENOTES HEAVY SURCHARGE, 120,000 LB. POINT LOAD A MINIMUM OF 6'-0" CLEAR FROM FACE OF SHORING OR FROM TOP OF SLOPE. THE MINIMUM ELONGATION IS 80% OF THE THEORETICAL ELONGATION AND INCLUDES A 3'-0" LONG STRESSING TAIL LENGTH. STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING PLAN SH3.1 A-1 A-2 B-1 B-2 C-1 C-2 KEY PLAN 1 2 3 4 4 4 5 5 5 6 06/14/2023 94 KKBC-KBC KBC KBBBBC-K BC-CJJJBC-JBC-JBC-JBBBBC-JHHHC-HCHCHCCCBCBCBCBBBBC-HGGGBC-GBC GBC GBBBBBBC-GEEEEBC-EBC-EBC-EBC EBC EBBBBBBBBBBBC-E 99999999.9999.9C-E.C-EEEC-ECEBCBCBCBCC-E.FFFFFFBC-FFFBC FBC FBBBBBC-F 111111.111C-G.CGCGBCBCBCC-G..555C-H.CHCHCCCCCCBCBCBCC-H..111C-J.C-JC-JCBCBCBCCBBBBBBC-J.CCCCC-CCCCC-BC-BCBCBCBBBBBC-CBBBBBC-BBC BBC BBC BBBBBBBBBBBBBC-B .1111C-B.CBCBCBCCCCCCCCCBCBCBCBCBCCCCC-B.DDDDDBC-DCBCDBC DBC DBC-DBBBBBBBBC-D11111.C-C.C CCCCCCCBC-C.BCBCBCBCC-C..11111C-D.DCDCDC-DBCBBCBCBCC-D. F.G. +37.03'±3370+37FF E.G. +37.74'±4'±EG +3774±G. EEE F.G. +37.14'±F +37 14F.GF.G .G. +37.79'±37 79±E.G.E.G.EG +3779± F.G. +37.25'±37 25'± E.G. +37.93'±EG +3793±EG +3793± F.G. +37.37'±37' E.G. +38.08'±EG +3808±EG +3808± F.G. +37.48'± +38.09'±+38 09±38 09±E.G. +38.EG +EG +3+38. F.G. +37.59'± E.G. +38.21'±EG +3821±E G +38 21'±E F.G. +37.71'±+ +38.48'±+38 48±+38 48'±E.G. +EG +EG ++F.G. +37.79'± E.G. +38.57'±G +38 57±G +38 57'±E.GEEGE.G F.G. +37.88'± E.G. +38.66'±EG +3866±E G +38 66'± F.G. +37.96'±±FF E.G. +38.70'±EG +3870±±E G +38 70'±EEEE F.G. +38.04'± E.G. +38.81'±EG +3881±E G +38 81'±81±F.G. +38.12'±. + .90'±90±90'E.G. +38E G +38EG 38EG F.G. +38.19'±G. +3 E.G. +38.93'±EG +3893±E G +38 93'± F.G. +38.27'±G E.G. +39.05'±EG +3905±GE G +39 05'± F.G. +38.33'± E.G. +39.09'±EG +3909±E G +39 09'± F.G. +38.40'±8 9.07'±907±9 07'±E.G. +39E G +39E G +399 F.G. +38.46'±G. + E.G. +39.20'±EG +3920±E G +39 20'± F.G. +38.52'± E.G. +39.21'±EG +3921±E G +39 21'± F.G. +38.60'± E.G. +39.39'±EG +3939±E G +39 39'± F.G. +38.67'± E.G. +39.48'±EG +3948±EG +3948± +38.75'±5'F.G. +38.75'±+±± ±±±+39.59'±+39 59±+39 59±5E.G. +EG +EG ++± F.G. +38.81'± E.G. +39.49'±EG +3949±EG +3949± F.G. +38.87'± E.G. +39.58'±EG +3958±EG +3958± F.G. +38.93'± E.G. +39.58'±EG +3958±EG +3958± G. +38.99'±9+38F.GG G. +39.60'±6G +39 60±G +39 60±G. 39.60±E.G.EGEGE.GG F.G. +39.06'± E.G. +39.64'±EG +3964±EG +3964±EG +3964± - Area of tieback encroachment EXHIBIT C EXHIBIT “C” License Area (See Attached) 95 GENERAL NOTES A. THE INFORMATION PRESENTED IN THESE DRAWINGS COMPRISES THE DESIGN OF TEMPORARY SHORING SYSTEM(S). THE TEMPORARY SYSTEM(S) IS(ARE) INTENDED TO BE A CONSTRUCTION BULKHEAD TO ALLOW EXCAVATION FOR THE PROPOSED BUILDING STRUCTURE WHILE RETAINING THE SURROUNDING EARTH, (ADJACENT STREETS AND OR BUILDINGS). B. AMERICAN SUBSURFACE ENGINEERING, IS RESPONSIBLE FOR THE DESIGN OF THE TEMPORARY SHORING SYSTEM(S) ONLY. IT IS THEREFORE NECESSARY TO CONSTRUCT PERMANENT EARTH RETENTION STRUCTURES TO PROVIDE PERMANENT SUPPORT. IT IS ASSUMED THAT THE TEMPORARY EARTH RETENTION SYSTEM WILL BE IN SERVICE FOR APPROXIMATELY ONE YEAR OR LESS. C. THESE DRAWINGS AND THE CONTENTS ARE AND SHALL REMAIN THE PROPERTY OF AMERICAN SUBSURFACE ENGINEERING, INC., AND AMERICAN DRILLING, INC. THE INFORMATION CONTAINED IN THESE DRAWINGS IS NOT TO BE TRANSMITTED TO ANY OTHER ORGANIZATION UNLESS SPECIFICALLY AUTHORIZED BY AMERICAN SUBSURFACE ENGINEERING, INC., AND AMERICAN DRILLING, INC. ANY USE BY ANY THIRD PARTY ENTITY (CONTRACTOR, ETC.) WITHOUT THE EXPRESSED WRITTEN CONSENT AND COMPENSATION OF AMERICAN SUBSURFACE ENGINEERING, INC., AND AMERICAN DRILLING, INC., IS PROHIBITED. D. THE TERM "SHORING CONTRACTOR" USED IN THESE NOTES AND DRAWINGS IS AMERICAN DRILLING, INC. THE TERM "SHORING ENGINEER" REFERS TO AMERICAN SUBSURFACE ENGINEERING, INC. THE TERM "GEOTECHNICAL ENGINEER" REFERS TO LANGAN. E. ALL SOLDIER PILES, TIEBACKS, DEEP SOIL MIX LAGGING ARE TO BE INSTALLED BY THE SHORING CONTRACTOR. THE DESIGN OF THE TEMPORARY SHORING SYSTEM(S) IS(ARE) BASED UPON THE FOLLOWING AVAILABLE INFORMATION: 1. ARCHITECTURAL DRAWINGS, PREPARED BY BDE ARCHITECTURE, PROJECT NO. 1602, DATED APRIL 4, 2022, AND PARTIAL ARCHITECTURAL DRAWINGS PLAN CHECK RESPONSE 1, DATED JULY 5, 2022. 2. STRUCTURAL DRAWINGS, PREPARED BY DCI ENGINEERS, PROJECT NO. 21081-0074, DATED APRIL 4, 2022, AND PARTIAL STRUCTURAL DRAWINGS PLAN CHECK RESPONSE 1, DATED JULY 5, 2022. 3. GEOTECHNICAL REPORT 750641301, PREPARED BY LANGAN, DATED JUNE 11, 2021. 4. SITE TOPOGRAPHICAL SURVEY AND CIVIL DRAWING, PREPARED BY BKF ENGINEERS, DATED JULY 5, 2022. F. ALL CONSTRUCTION, MATERIAL, AND WORKMANSHIP SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF CALIFORNIA CONSTRUCTION AND GENERAL INDUSTRY SAFETY ORDERS, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE CONSTRUCTION SAFETY ACT AND LATEST EDITION OF THE FOLLOWING CODES: 1. INTERNATIONAL CODE COUNCIL, 2019 CALIFORNIA BUILDING CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 1 AND 2; 2. AMERICAN INSTITUTE OF STEEL CONSTRUCTION; AISC 360 SPECIFICATION FOR STRUCTURAL STEEL BUILDINGS; 3. AMERICAN WELDING SOCIETY; STRUCTURAL WELDING CODE-STEEL D1.1/D1.1M; 4. AMERICAN CONCRETE INSTITUTE; ACI 301 SPECIFICATIONS FOR STRUCTURAL CONCRETE; 5. AMERICAN CONCRETE INSTITUTE; ACI 318 BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE; 6. ASTM INTERNATIONAL; TESTING AND MATERIALS; G. DO NOT USE SCALED DIMENSIONS. USE WRITTEN DIMENSIONS OR WHERE NO DIMENSION IS PROVIDED, CONSULT WITH THE SHORING ENGINEER FOR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. COORDINATE ALL DIMENSIONS WITH ARCHITECTURAL AND STRUCTURAL DRAWINGS BEFORE PROCEEDING WITH THE WORK. H. THE GENERAL CONTRACTOR SHALL COORDINATE THESE DRAWINGS WITH DRAWINGS AND SPECIFICATIONS PREPARED BY THE BUILDING ARCHITECT AND STRUCTURAL ENGINEER REGARDING THE NEW AND EXISTING CONSTRUCTION AND CONDITIONS. THE GENERAL CONTRACTOR SHOULD RESOLVE ANY CONFLICTS ON THE DRAWINGS WITH THE BUILDING ARCHITECT AND STRUCTURAL ENGINEER BEFORE PROCEEDING WITH CONSTRUCTION. I. THE CONTRACTOR MUST SUBMIT IN WRITING ANY REQUESTS FOR MODIFICATIONS TO THE PLANS. J. THE SHORING ENGINEER HAS MADE ASSUMPTIONS CONCERNING THE SOUNDNESS OF THE BUILDINGS ON THE PROPERTIES ADJACENT TO AND ON THE SITE. THESE ASSUMPTIONS ARE THAT THESE BUILDINGS AND STRUCTURES WERE DESIGNED IN CONFORMITY WITH GOOD DESIGN PRACTICES. THE SHORING CONTRACTOR SHOULD TAKE EXTRAORDINARY PRECAUTIONS CONCERNING THE PRESERVATION OF THE ADJACENT PROPERTIES. THE STABILITY OF ALL THE ELEMENTS OF THE BUILDING SHOULD BE CAREFULLY CHECKED BEFORE DOING ANY WORK ON EXISTING STRUCTURES. ALL PORTIONS OF STRUCTURE THAT MAY BE WEAKENED BY REMOVAL OF EXISTING CONSTRUCTION SHOULD BE BRACED OR STRENGTHENED UNTIL NEW CONSTRUCTION IS IN PLACE. K. IT IS DIFFICULT TO ACCURATELY PREDICT THE AMOUNT OF DEFLECTION OF A SHORED EMBANKMENT. IT SHOULD BE REALIZED, HOWEVER, THAT SOME DEFLECTION WILL OCCUR. WE WOULD ESTIMATE THAT THIS DEFLECTION COULD BE ON THE ORDER OF 12 INCH TO 1 INCH AT THE TOP OF THE SHORED EMBANKMENT. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR MINOR CRACKING OR SETTLEMENT OF THE EXISTING STREET SIDEWALK, CURBS, GUTTER, UTILITIES, PAVEMENT, BUILDING, OR ANY OTHER STRUCTURES THAT MAY OCCUR DURING INSTALLATION OF THE WORK, OR THAT ARE CAUSED BY VIBRATION OF MACHINERY OR EQUIPMENT. L. IF ANY HORIZONTAL OR VERTICAL MOVEMENT OF THE SOLDIER PILES REACHES 0.04 FEET ( 12 INCH), THE SHORING ENGINEER AND THE GEOTECHNICAL ENGINEER SHALL EVALUATE SUCH MOVEMENT AND RECOMMEND CORRECTIVE MEASURES, IF NECESSARY, BEFORE EXCAVATION IS CONTINUED. M. THE SHORING CONTRACTOR SHALL COORDINATE THE USE OF THE DRILL RIG AND OTHER EQUIPMENT USED TO INSTALL SOLDIER PILES. N. THE GENERAL CONTRACTOR SHALL LIMIT HEAVY VEHICULAR TRAFFIC AND STORAGE OF MATERIAL WITHIN 10 FEET OF THE SHORING BULKHEAD OR THE TOP OF SLOPED EMBANKMENTS. THE MAXIMUM ALLOWABLE CONSTRUCTION LOAD IS LIMITED TO 200 POUNDS PER SQUARE FOOT. O. THE GENERAL CONTRACTOR SHALL PROVIDE MEANS TO PREVENT SURFACE WATER FROM ENTERING THE EXCAVATION OVER THE TOP OF SHORING AND CUT SLOPES. P. THE GENERAL CONTRACTOR SHALL COORDINATE THE MASS EXCAVATION WITH THE WORK TO PREVENT UNSAFE OVER EXCAVATION. EXCAVATION SHALL BE CONDUCTED IN SUCH A MANNER AS TO PREVENT CAVING OF BANKS AND LOSS OF GROUND. EXCAVATION SHALL BE DONE IN STEPS, BEING COORDINATED WITH THE INSTALLATION OF THE BULKHEAD AS OUTLINED UNDER "INSTALLATION PROCEDURES". Q. THE GENERAL CONTRACTOR SHALL COORDINATE THE USE OF HEAVY OR EARTH MOVING EQUIPMENT AND COMPACTION EQUIPMENT. DAMAGE INDUCED AS A RESULT OF VIBRATIONS CAUSED BY THIS EQUIPMENT IS THE RESPONSIBILITY OF OTHERS. R. THE GENERAL CONTRACTOR WILL BE RESPONSIBLE FOR THE REMOVAL OF WATER WITHIN THE SITE TO ALLOW THE EXCAVATION AND CONSTRUCTION TO PROCEED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROL OF WATER RELATED TO DRILLING AND SOLDIER PILE INSTALLATION. PROCEDURES FOR THIS WORK ARE SUBJECT TO REVIEW BY THE GEOTECHNICAL ENGINEER. S. THE OWNER AND GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING APPROPRIATE METHODS TO DEWATER THE SITE AND THE REMOVAL OF WATER WITHIN THE SITE TO ALLOW THE EXCAVATION AND CONSTRUCTION TO PROCEED. PROCEDURES FOR THIS WORK ARE SUBJECT TO REVIEW BY THE GEOTECHNICAL ENGINEER. T. UTILITY INFORMATION SHOWN ON THESE DRAWINGS ARE PER SURVEY PLAN(S) PREPARED BY PROJECT CIVIL ENGINEER. IT MAY NOT BE COMPLETE AND MAY NOT REFLECT CHANGES, REMODELING, OR INTERNAL CONDITIONS. THE GENERAL CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WITH DRILLING OR DRIVING OPERATIONS. THE GENERAL CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES THAT MIGHT BE OCCASIONED BY ITS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. THE ENGINEER SHALL BE CONSULTED IF UTILITY LINES OR PIPING IS ENCOUNTERED DURING DRILLING OPERATION. CARE SHALL BE USED IN DRILLING SO THAT THE FOLLOWING INDICATIONS OF UTILITIES IN THE PATH OF DRILLING ARE RECOGNIZED: 1. ABNORMAL RESISTANCE TO DRILLING. 2. FOREIGN MATERIALS PULLED FROM THE HOLE. U. THE GENERAL CONTRACTOR SHALL PROVIDE BARRICADES TO PROTECT PEDESTRIANS AND VEHICLES FROM HARM. SAFETY RAILING AT THE TOP OF SHORING SHALL BE CONSTRUCTED AND MAINTAINED BY OTHERS. V. IF THE GENERAL CONTRACTOR WISHES TO PROPOSE ALTERNATIVE PROCEDURES, MATERIALS, AND CONSTRUCTION DETAILS. THE GENERAL CONTRACTOR SHALL PAY FOR ALL ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN OR EVALUATION OF THE ALTERNATIVE AND SHALL PAY ALL ADDITIONAL SERVICES SUCH AS INSPECTION RESULTING FROM THE ALTERNATIVE. W. SHORING CONTRACTOR SHALL COORDINATE HANDLING OF DRILL CUTTINGS AND FLUIDS WITH GENERAL CONTRACTOR. DISPOSAL OF DRILLING CUTTINGS AND FLUIDS FROM THE EXCAVATION TO STOCKPILE AREA WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. HAZARDOUS MATERIALS IN EXISTING CONSTRUCTION AMERICAN SUBSURFACE ENGINEERING ASSUMES NO RESPONSIBILITY FOR THE MANAGEMENT OF HAZARDOUS MATERIALS THAT MAY BE ON THE SITE OR WITHIN EXISTING BUILDINGS. A. AMERICAN SUBSURFACE ENGINEERING HAS NOT PERFORMED INVESTIGATIONS TO DETERMINE THE PRESENCE OF HAZARDOUS MATERIALS. THE OWNER WILL PROVIDE THE RESULTS OF SUCH INVESTIGATIONS IF THEY HAVE BEEN PERFORMED. B. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING THAT PERSONNEL WITHIN THE WORK AREA ARE PROTECTED FROM EXPOSURE TO HAZARDOUS MATERIALS. IF HAZARDOUS MATERIALS ARE DISCOVERED, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE OWNER AND CEASE WORK UNTIL CONDITIONS CAN BE MAINTAINED IN COMPLIANCE WITH ALL APPLICABLE REGULATIONS. MATERIALS A. STRUCTURAL STEEL 1. GENERAL: ALL STEEL SHALL BE IDENTIFIED AS REQUIRED BY CBC SECTION 2203.1. STEEL WHICH IS NOT PROPERLY IDENTIFIED SHALL BE TESTED TO SHOW CONFORMANCE WITH REQUIREMENTS OF APPLICABLE ASTM STANDARD AT CONTRACTOR'S EXPENSE. 2. SHAPES: W,WT A572 GRADE 50 3. STRUCTURAL TUBES: HSS ROUND A500, GR. B (42 KSI) PIPE A53, TYPE S, GR. B 4. OTHER SHAPES AND PLATES: ASTM A36, ASTM A572 GR. 50 AS NOTED. 5. WELDING FILLER MATERIAL: AWS D1.1; TYPE REQUIRED FOR BASE METALS BEING WELDED. 6. ELECTRODES SHALL BE E70XX, LOW HYDROGEN, UNLESS OTHERWISE B. TIEBACK STRAND ANCHORS SHALL CONFORM TO THE FOLLOWING: 1. TIEBACK STRAND ANCHORS UTILIZE 0.6" DIAMETER 7-WIRE, WELDLESS, LOW-RELAXATION AND SHALL CONFORM TO ASTM A416. 2. HAVE A MINIMUM ULTIMATE STRENGTH OF 270,000 PSI AND MAY BE PROOF TESTED TO 80% OF THE ULTIMATE STRENGTH. LOCK-OFF LOAD SHALL NOT EXCEED 70% OF THE ULTIMATE STRENGTH. C. THREADED BAR ANCHORS SHALL CONFORM TO THE FOLLOWING: 1. THREADED BARS BY DYWIDAG-SYSTEMS INTERNATIONAL OR APPROVED EQUAL. 2. GRADE 75, #6 - #11, #24, AND #28 THREADED BARS SHALL CORM TO ASTM A615 AND SHALL HAVE A MINIMUM YIELD STRENGTH OF 75 KSI AND AN ULTIMATE STRENGTH OF 100 KSI AND MAY BE PROOF TESTED TO 90% OF YIELD. 3. GRADE 80, #14, #18, AND #20 THREADED BARS SHALL CORM TO ASTM A615 AND SHALL HAVE A MINIMUM YIELD STRENGTH OF 80 KSI AND AN ULTIMATE STRENGTH OF 106 KSI AND MAY BE PROOF TESTED TO 90% OF YIELD. 4. GRADE 100, #6 - #11, #14, #18, AND #20 THREADED BARS SHALL CONFORM TO ASTM A722 AND SHALL HAVE A MINIMUM YIELD STRENGTH OF 100 KSI AND AN ULTIMATE STRENGTH OF 114.5 KSI AND MAY BE PROOF TESTED TO 90% OF YIELD. 5. GRADE 150, 1”, 1¼”, 1⅜”, 1¾”, 2¼”, 2½”, AND 3” DIAMETER THREADED BARS SHALL CONFORM TO ASTM A722 AND SHALL HAVE A MINIMUM YIELD STRENGTH OF 120 KSI AND AN ULTIMATE STRENGTH OF 150 KSI AND MAY BE PROOF TESTED TO 80% OF YIELD. D. CENTRALIZERS SHALL BE PLACED AT 10-FOOT INTERVALS IN THE BONDED LENGTH STARTING AT THE LOWER END SO THAN NO LESS THAN 0.5 INCHES OF GROUT COVER IS ACHIEVED ALONG THE BARS. CENTRALIZERS AND SPACERS MAY BE MADE OF ANY MATERIAL, EXCEPT WOOD, NOT DELETERIOUS TO THE STEEL OR PLASTIC SHEATHING. E. ANCHORAGE DEVICES AND ROD COUPLERS FOR TIEBACKS SHALL HAVE SUITABLE PHYSICAL PROPERTIES TO FULLY DEVELOP THE MINIMUM GUARANTEED ULTIMATE STRENGTH OF THE TIEBACK RODS OR STRANDS. F. ALL THREADED RODS SHALL CONFORM TO ASTM SPECIFICATION A-307. G. CEMENT: ASTM C150 TYPE II-V. H. TIEBACK GROUT TO BE USED FOR THE BONDED LENGTH SHALL CONSIST OF A PUMPABLE MIXTURE OF CEMENT, SAND, WATER, AND ADMIXTURES (SAND MAY BE OMITTED IF BATCHED ON-SITE). CEMENT GROUT SHALL BE MADE WITH WATER/CEMENT RATIO OF 0.4 TO 0.45 BY WEIGHT. CHEMICAL ADDITIVES WHICH CAN CONTROL BLEED OR RETARD SET MAY BE USED. EXPANSIVE ADDITIVES WILL NOT BE ALLOWED. ADDITIVES, IF USED, SHALL BE MIXED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. THE GROUT SHALL BE CAPABLE OF REACHING A CUBE STRENGTH (AASHTO T-106) OF 1,500 PSI IN 3 DAYS AND 3,000 PSI IN 28 DAYS. I. LEAN CONCRETE SHALL CONTAIN A MINIMUM OF 2 SACKS OF CEMENT PER CUBIC YARD. J. DRYPACK TO CONSIST OF 2-PARTS SAND AND 1-PART CEMENT. K. NON SHRINK GROUT SHALL BE "SIKAGROUT 212" OR EQUAL. L. WOOD LAGGING SHALL BE ROUGH DOUGLAS FIR NO. 3, GRADED IN ACCORDANCE WITH GRADING RULES FOR WESTERN LUMBER AND PRESSURE TREATED FOR GROUND CONTACT. M. ALL STRUCTURAL MEMBERS SHOWN MAYBE SUBSTITUTED WITH EQUAL OR GREATER SIZES. USED STEEL AND LAGGING MAY BE SUBSTITUTED FOR NEW MATERIALS IF THEY CONFORM TO REQUIREMENTS OF NEW MATERIALS. OBSERVATIONS A.GEOTECHNICAL OBSERVATIONS: THE GEOTECHNICAL ENGINEER OF RECORD SHALL PERFORM THE FOLLOWING OBSERVATION SERVICES. ALL OBSERVATIONS ARE DEEMED AS PERIODIC OBSERVATIONS, OR AS REQUIRED BY THE PROJECT GEOTECHNICAL ENGINEER. IF THE ACTUAL FIELD CONDITIONS VARY FROM THE ANTICIPATED CONDITIONS; ADJUSTMENTS SHALL BE MADE AT THE DISCRETION OF THE PROJECT GEOTECHNICAL ENGINEER. 1. REVIEW SOIL STRATA; 2. REVIEW INSTALLATION OF DEEP SOIL MIXED SOLDIER PILES; 3. REVIEW INSTALLATION OF DEEP SOIL MIX LAGGING; 4. REVIEW ANY TEMPORARY SLOPE CUTS; 5. REVIEW INSTALLATION AND TESTING OF TIEBACKS; B.STRUCTURAL OBSERVATIONS: THE SHORING ENGINEER SHALL PERIODICALLY REVIEW THE PROGRESS OF THE WORK FOR GENERAL CONFORMANCE WITH THE CONTRACT DOCUMENTS. HOWEVER, THIS REVIEW SHALL NOT BE CONSTRUED AS SPECIAL INSPECTION. THE CONTRACTOR SHALL NOTIFY THE STRUCTURAL ENGINEER FOR STRUCTURAL OBSERVATION(S) OF THE FOLLOWING ITEM(S) AT LEAST 48 HOURS PRIOR TO PROCEEDING WITH WORK THAT WOULD PREVENT OBSERVATION, UNLESS OTHERWISE NOTED. 1. SHORING ENGINEER SHALL PROVIDE STRUCTURAL OBSERVATION FOR THE COMPLETED INSTALLATION OF THE TEMPORARY SHORING SYSTEM TO ENSURE THAT THE WORK IS DONE ACCORDING TO THE DRAWINGS. SUCH SERVICE SHALL NOT BE CONSTRUED AS SUPERVISION OF ACTUAL CONSTRUCTION OR THE ASSUMPTION OF RESPONSIBILITY FOR PROVIDING A SAFE PLACE FOR THE PERFORMANCE OF WORK BY CONTRACTORS. SPECIAL INSPECTIONS AND TESTING A. THE OWNER SHALL EMPLOY QUALIFIED SPECIAL INSPECTORS, ACCEPTABLE TO THE ENFORCEMENT AGENCY AND TO PERFORM INSPECTIONS IN ACCORDANCE WITH SECTIONS 110, AND CHAPTER 17 OF THE CBC. B. SPECIAL INSPECTORS SHALL BE QUALIFIED BY TRAINING AND EXPERIENCE FOR THE REQUIRED INSPECTIONS. INSPECTORS WILL THOROUGHLY REVIEW APPLICABLE PORTIONS OF THE CONSTRUCTION DOCUMENTS. INSPECTORS WILL PERFORM ALL DUTIES AND RESPONSIBILITIES AS REQUIRED BY CBC SECTION 4-342. C. THE FOLLOWING SPECIAL INSPECTION ITEMS SHALL BE PERFORMED BY AN AGENCY SELECTED AND PROVIDED BY THE OWNER OF THE PROJECT IN ACCORDANCE WITH THE CITY OF SOUTH SAN FRANCISCO AND APPROVED BY THE SHORING ENGINEER. 1. ALL GEOTECHNICAL OBSERVATIONS LISTED UNDER OBSERVATIONS, UNLESS PERFORMED BY THE PROJECT GEOTECHNICAL ENGINEER. 2. TIEBACKS: FULLTIME OBSERVATION OF ALL TESTING SHALL BE PERFORMED BY PROJECT GEOTECHNICAL ENGINEER, OR SHORING ENGINEER, OR BY A SPECIAL INSPECTOR KNOWLEDGEABLE IN TIEBACK TESTING. 3. FILLET WELDS PER SECTION 1704 OF THE CALIFORNIA BUILDING CODE (CBC): a. MULTI-PASS FILLET WELDS: CONTINUOUS INSPECTION (REFER TO AWS D1.1) b. COMPLETE AND PARTIAL PENETRATION GROOVE WELDS: CONTINUOUS INSPECTION (REFER TO AWS D1.1) MONITORING PROGRAM A. THE OWNER SHALL EMPLOY AN INDEPENDENT LICENSED LAND SURVEYOR OR QUALIFIED CIVIL ENGINEER TO WORK WITH THE GENERAL CONTRACTOR TO PERFORM THIS MONITORING PROGRAM. B. IT IS AMERICAN SUBSURFACE ENGINEERING UNDERSTANDING THAT THE OWNER SHALL COMPLY TO THE REQUIREMENTS AS OUTLINED IN THIS PROJECT SPECIFIC MONITORING PROGRAM. IF THE MONITORING PROGRAM IS NOT PERFORMED OR IMPLEMENTED, AMERICAN SUBSURFACE ENGINEERING CANNOT ASSUME ANY RESPONSIBILITY FOR ANY POTENTIAL CLAIMS THAT MAY ARISE DURING OR AFTER CONSTRUCTION AS A RESULT OF ANY HORIZONTAL OR VERTICAL MOVEMENT THAT MAY TAKE PLACE. PRIOR TO SHORING WORK AT THE SITE, A VISUAL SURVEY SHALL BE MADE AND PHOTOGRAPHS TAKEN (BY OWNER OR GENERAL CONTRACTOR) OF IMPROVEMENTS THAT ARE WITHIN 50'-0" OF THE SITE TO ESTABLISH EXISTING CONDITIONS. CRACK MONITORS SHOULD BE PLACED ACROSS NOTABLE CRACKS IN NEARBY STRUCTURES AND BE CHECKED DURING CONSTRUCTION. C. ADJACENT BUILDINGS/ STREETS WITHIN 50'-0" OF THE PROPOSED EXCAVATION SHALL BE MONITORED (SURVEYED) FOR HORIZONTAL AND VERTICAL MOVEMENT BY AN INDEPENDENT LICENSED LAND SURVEYOR OR QUALIFIED CIVIL ENGINEER (PROVIDED BY OWNER) AT THE FOLLOWING LOCATIONS PROVIDED ACCESS FROM THE NEIGHBORS. 1. TOP OF THE SOLDIER PILES 40'-0” +/- ON CENTER; 2. CORNERS AND EVERY 25'-0' ALONG THE ADJACENT BUILDINGS; D. AMERICAN SUBSURFACE ENGINEERING, RECOMMENDS THE FOLLOWING MONITORING POINTS BE SURVEYED FOR HORIZONTAL AND VERTICAL MOVEMENT BY A LICENSED SURVEYOR AT THE FOLLOWING INTERVALS: 1. UPON INSTALLATION OF SOLDIER PILES; 2. UPON COMPLETION OF EACH ROW OF TIEBACKS; 3. ONCE PROJECT SITE EXCAVATION REACHES HALF OF SHORED HEIGHT; 4. MINIMUM EVERY 2 WEEKS DURING EXCAVATION; 5. UPON COMPLETION OF GENERAL EXCAVATION; 6. EVERY 3 WEEKS UNTIL NEW CONSTRUCTION REACHES STREET GRADE; E. THE CONTRACTOR SHALL STOP EXCAVATION AND NOTIFY AMERICAN SUBSURFACE ENGINEERING AND THE GEOTECHNICAL ENGINEER IF MORE THAN 0.04 FEET (12 INCH) OF HORIZONTAL OR VERTICAL MOVEMENT IS OBSERVED. F. SURVEY MONITORING RESULTS SHALL BE SUBMITTED TO AMERICAN SUBSURFACE ENGINEERING AND THE GEOTECHNICAL ENGINEER WITHIN 3-DAYS OF FIELD SURVEY MEASUREMENTS. G. ADDITIONAL SURVEY MEASUREMENTS DURING OR AFTER CONSTRUCTION SHALL BE MADE IF REQUESTED BY AMERICAN SUBSURFACE ENGINEERING OR LANGAN. H. DURING SHORING AND NEW CONSTRUCTION, THE GENERAL CONTRACTOR SHALL VISUALLY MONITOR THE SHORING AND UNDERPINNING SYSTEM(S) AND NEARBY IMPROVEMENTS ON A DAILY BASIS FOR INDICATIONS OF MOVEMENT. THE GENERAL CONTRACTOR SHALL STOP EXCAVATION OPERATIONS IF DEFLECTION OR DISTRESS IS OBSERVED AND SHALL IMMEDIATELY NOTIFY THE SHORING ENGINEER AND GEOTECHNICAL ENGINEER. PROCEDURE FOR WET SOIL MIXING TIEBACK SOLDIER PILES A. REMOVE EXISTING OBSTRUCTIONS (UTILITIES, CONCRETE OR OTHER IMPROVEMENTS TO BE ABANDONED) AND REROUTE UTILITIES TO REMAIN THAT ARE IN CONFLICT WITH THE SHORING WORK. B. THE CONTRACTOR SHALL BE HEREBY BE MADE FULLY AWARE OF THE POSSIBILITY OF AREAS OF SAND, GRAVEL, GRAVELY SANDS, DUNE SANDS AND STIFF CLAYS AS SHOWN ON THE BORING LOGS. C. SHAFTS SHALL BE WET SOIL-MIX USING AN IN-SITU METHOD OF SOIL MIXING. WET SOIL-MIXING MAY BE AS FOLLOWS: 1. SOIL MIXING TOOL SHALL BE DRILLED INTO THE GROUND. 2. GROUT SLURRY/ GROUT BENTONITE SLURRY IS TO BE PUMPED THROUGH THE HOLLOW STEM OF THE SHAFT AND INJECTED INTO THE SOIL THROUGH NOZZLES LOCATED ON THE BACKSIDE OF THE ROTATING MIXING BLADES. 3. THE AUGER FLIGHTS AND MIXING BLADES SHALL MIX THE SOIL WITH THE GROUT SLURRY WHILE INJECTING THE GROUT SLURRY AND SOIL MIXING UNTIL THE DESIGN DEPTH HAS BEEN REACHED. 4. WHEN DESIGN DEPTH HAS BEEN REACHED, TOOL ROTATION AND GROUT INJECTION SHALL CONTINUE AS THE TOOL IS WITHDRAWN, LEAVING BEHIND A STABILIZED SOILCRETE COLUMN. D. SOIL-MIX COLUMNS SHALL BE SOIL-MIXED WITH PORTLAND CEMENT GROUT AND BENTONITE AS-REQUIRED TO STABILIZE SOIL-MIX COLUMN. COMPRESSIVE STRENGTH SHALL BE 100 PSI FOR PRIMARY PILES AND 100 PSI FOR SECONDARY PILES. DEPENDING ON THE IN-SITU SOIL, THE VOLUME OF GROUT SLURRY MAY RANGE FROM 20% TO 40% BY VOLUME. THE OPTIMAL PERCENT GROUT USED IN THE FIELD SHOULD BE EVALUATED AND SELECTED BY THE SHORING CONTRACTOR, BASED ON THE DESIGN STRENGTH REQUIREMENTS SPECIFIED ON THESE DRAWINGS. ONCE DETERMINED, A CONSISTENT PERCENT OF GROUT SHALL BE MAINTAINED THROUGHOUT THE CONSTRUCTION PROCESS. E. SHORING CONTRACTOR SHALL PROVIDE THE PROJECT MATERIALS TESTING AGENCY/ LAB WITH WET SAMPLES OF THE IN-SITU SOIL-CEMENT MIX FOR VISUAL EXAMINATION AND LABORATORY STRENGTH TESTING, PER ASTM D4832, IF DEEMED APPROPRIATE. WET SAMPLES SHALL BE OBTAINED AT THE START OF CONSTRUCTION AND PERIODICALLY THROUGHOUT THE SOIL MIXING PRODUCTION, AS REQUESTED BY THE GEOTECHNICAL ENGINEER AND OR SHORING ENGINEER. AT LEAST ONE SAMPLE SHALL BE COLLECTED PER SHIFT FOR COMPRESSIVE TESTING AT 7, 14, 28, AND 56 DAYS (OR ONCE 100 PSI HAS BEEN ACHIEVED) TO CONFIRM IN-SITU STRENGTHS. F. PERMEABILITY SHALL BE NO GREATER THAN 1X10 -6 CM/SEC. G. FLOW MONITORING (INSTALLATION LOG) OF THE GROUT SLURRY DELIVERY, GROUT FLOW, GROUT VOLUME, INCLINATION, PENETRATION RATE, TORQUE, AND PADDLE ROTATION SPEED SHALL BE SUBMITTED TO THE PROJECT GEOTECHNICAL ENGINEER, AND SHORING ENGINEER. H. PLACE SOLDIER PILES. SOLDIER PILES SHALL BE LOCATED AS SHOWN ON THE SHORING PLANS AND SHALL BE INSTALLED WITHIN THE FOLLOWING TOLERANCES. A STRUCTURAL TEMPLATE AS REQUIRED SHALL CONTROL ALIGNMENT OF SOLDIER PILE. 1. SOLDIER PILES SHALL BE PLACED WITHIN 0 TO 3 INCHES OF THE BACK OF THE NEW FOUNDATION WALL OR SHORING LINE. 2. LAYOUT OF SHORING FACE SHALL BE PER THE ARCHITECTURAL AND STRUCTURAL DRAWINGS. 3. CHANGES TO THE SOLDIER PILES BY MORE THAN 3 INCHES IN ANY DIRECTION SHOULD BE CONFIRMED WITH THE SHORING ENGINEER PRIOR TO INSTALLATION. I. START EXCAVATING ONCE THE COMPRESSIVE STRENGTH OF THE SOIL MIX COLUMN REACHES A MINIMUM STRENGTH OF 67 PSI, TO THE PRESCRIBED DEPTH OF THE TIEBACKS, WITH EXCAVATION NOT MORE THAN 2 FEET BELOW THE LEVEL OF THE TIEBACKS. J. DRILL TIEBACK HOLES TO THE DEPTH REQUIRED (USE CASING AS REQUIRED): 1. ONCE THE COMPRESSIVE STRENGTH OF THE SOIL MIX COLUMN REACHES A MINIMUM STRENGTH OF 75 PSI. 2. THE CONTRACTOR SHALL DESIGN THE TIEBACKS PENETRATION LENGTH BASED ON THE SITE SOIL REPORT AND ACTUAL FIELD CONDITIONS. 3. THE CONTRACTOR WILL BE HELD RESPONSIBLE FOR REDRILL OR REPLACEMENT OF TIEBACKS THAT FAIL TO MEET TEST LOADS AND ALL COSTS INVOLVED. 4. THE ANGLE OF TIEBACKS CAN BE INCREASED OR DECREASED BY 5 DEGREES IF IT IS DEEMED NECESSARY BY THE CONTRACTOR, WITH PRIOR APPROVAL BY THE ENGINEER, IN ORDER TO MEET CONDITIONS IN THE FIELD. 5. INSTALL ANCHOR ROD OR STRANDS. FILL PENETRATION LENGTH AND UNBONDED LENGTH OF TIEBACK WITH GROUT. THE CONCRETE SHALL BE PUMPED INTO PLACE FROM THE BACK OF THE HOLE TOWARD THE FRONT. 6. FILL THE BALANCE OF THE HOLE TIGHTLY WITH A LEAN SAND CONCRETE MIXTURE. 7. WHERE CAVING OCCURS, DRILLED HOLES SHALL BE CASED. CASING SHALL BE PULLED DURING GROUTING. THE PLACEMENT OF GROUT SHALL BE PRESSURE PUMPED SO THAT ALL VOIDS ARE FILLED. ALTERNATELY, DRILLING SHALL BE DONE WITH A CONTINUOUS FLIGHT AUGER WITH THE ANCHOR ROD OR STRANDS INSTALLED WITHIN THE STEM OF THE AUGER. 8. POST GROUT TIEBACKS AS REQUIRED TO ACHIEVE TEST LOADS. 9. CONTRACTOR SHOULD TAKE CARE TO PREVENT LOSS OF BACKFILL (GROUT) INTO NEARBY PROPERTIES OR STRUCTURES. 10. SHORING CONTRACTOR SHALL SEAL HEAD OF TIEBACK, AS REQUIRED, WITH A BENTONITE PLUG OR EQUAL, TO PREVENT EXCESSIVE WATER SEEPAGE. IF WATER SEEPAGE CANNOT BE STOPPED WITH A BENTONITE PLUG, A DRAINAGE PANEL SHALL BE PLACED AT TIEBACK HEAD TO DIRECT WATER TO THE BOTTOM OF EXCAVATION GRAVEL LAYER TO BE PUMPED OUT. SHORING CONTRACTOR SHALL CO0ORDINATE THIS WITH THE GENERAL CONTRACTOR, PROJECT WATERPROOFING CONSULTANT, AND/OR WATERPROOFING CONTRACTOR. K. TIEBACK TENDON UNBONDED LENGTH SHALL BE COVERED WITH SEALED PVC SLEEVE. PROVIDE A CUSHION (NATIVE SOIL) OR GAP BETWEEN THE TIEBACK GROUT AND THE BACK OF THE SOLDIER PILE TO ALLOW THE ANCHOR TO MOVE DURING TESTING. L. NOTIFY SHORING ENGINEER OF KINKING OR SHARP CURVATURE IN ANCHORS OR MISALIGNMENT OF THE ANCHORS WITH THE ANCHORAGE. M. TIEBACKS SHALL BE STRESSED IN THE FOLLOWING MANNER; PROVIDED THE GROUT HAS FIELD CURED FOR A MINIMUM OF 3 DAYS OR WHEN THE GROUT ACHIEVES THE MINIMUM SPECIFIED STRENGTH, AT THE SHORING CONTRACTOR'S OPTION: 1. ANCHORS SHALL BE STRESSED STRAIGHT AND TRUE. STOP TESTING AND NOTIFY SHORING ENGINEER IF SOLDIER PILE DEFLECTION OR SHARP KINKING OF THE STRANDS OCCUR. 2. INSTALL ANCHORAGE. THE CONTRACTOR SHALL INSTALL WEDGE WASHERS AS REQUIRED TO CORRECT ANY MISALIGNMENT OF TIEBACKS WITH THE ANGLE SEAT. 3. SHORING CONTRACTOR SHALL MONITOR THE MOVEMENT OF THE TIEBACK TENDON ANCHORAGE USING A TRIPOD MOUNTED DIAL GAUGE WITH A PRECISION OF 0.001 INCHES. 4. ANCHORS SHALL BE STRESSED STRAIGHT AND TRUE. KINKING OR SHARP CURVATURE IN ANCHORS UNDER TENSION SHALL BE CAUSE FOR REJECTION. 5. THE SPECIAL INSPECTOR OR GEOTECHNICAL ENGINEER SHALL RECORD THE ELONGATION (DIAL GAUGE) AT THE ALIGNMENT LOAD AND DURING THE PROOF TESTING. N. THE PROOF LOADING AND STRESSING OF TIEBACKS SHALL BE DONE WITH EQUIPMENT THAT SHALL BE CAPABLE OF SAFELY ACHIEVING AND HOLDING THE REQUIRED LOADS. THE JACK, PUMP, AND GAUGES USED FOR STRESSING SHALL BE CALIBRATED AND CERTIFIED BY A TESTING LABORATORY WITHIN THREE MONTHS. O. REPEAT STEPS IN SEQUENCE FOR SUBSEQUENT ROWS OF TIEBACKS UNTIL ALL THE TIEBACKS HAVE BEEN COMPLETED. P. CONTINUE EXCAVATING TO THE PRESCRIBED DEPTH. Q. FLAT BLADE EXCAVATION IS REQUIRED WHERE SHORING IS BACK WALL FORMED. WHEN EXCAVATING A SOIL MIXED SHORING WALL THAT IS BACK WALL FORMED FOR A BASEMENT, THE EXCAVATION METHOD IS CRITICAL. THE EXPOSED FACE OF THE WALL IN BETWEEN THE WF SOLDIER PILES MUST BE FLAT, SMOOTH CONTINUOUS PLANE. THIS IS CRITICAL FOR THE WATERPROOFING CONTRACTOR, AND FOR THE INTEGRITY OF THE SOIL IMPROVED LAGGING. USING A FLAT BLADE THAT SPANS THE DISTANCE BETWEEN THE WF SOLDIER PILES IS RECOMMENDED. A TYPICAL CENTER-TO-CENTER SPACING FOR WF SOLDIER PILES IN A SOIL IMPROVED WALL IS BETWEEN 4'-0” TO 7'-0” CENTER-TO-CENTER. R. WOOD LAGGING IS NOT REQUIRED EXCEPT AT AREAS OF DEFECTIVE INTERMEDIATE SOIL-MIXING AS NOTED BELOW. 1. SHORING CONTRACTOR AND SPECIAL INSPECTOR SHALL VISUALLY OBSERVE EXPOSED SHORING FACE FOR INDICATIONS OF POORLY MIXED AREAS, GAPS OR OTHER DEFECTS AND CONFIRM REQUIRED OVERLAP OF COLUMNS. AREAS OF POOR MIXING, MISALIGNED COLUMNS, GAPS, RUNNING WATER OR OTHER DEFECTS SHALL BE PROMPTLY REPAIRED BY THE SHORING CONTRACTOR, WHERE EXPOSED, PRIOR TO FURTHER EXCAVATION. NOTIFY SHORING ENGINEER OF ANY DEFECTIVE AREAS. PROCEDURE FOR TIEBACK TESTING A. TIEBACK PERFORMANCE TESTING: 1.PERFORMANCE TESTING: THE FIRST TWO PRODUCTION TIEBACKS AND TWO PERCENT OF THE REMAINING TIEBACKS SHALL BE PERFORMANCE TESTED TO 1.25 TIMES THE DESIGN LOAD. ALL OTHER TEMPORARY TIEBACKS SHALL BE PROOF TESTED TO 1.25 TIMES THE DESIGN LOAD. THE PERFORMANCE TESTS WILL BE USED TO DETERMINE THE LOAD CARRYING CAPACITY OF THE TIEBACKS AND THE RESIDUAL MOVEMENT. THE PERFORMANCE TESTED TIEBACKS SHALL BE CHECKED 24 HOURS AFTER INITIAL LOCK OFF TO CONFIRM STRESS RELAXATION HAS NOT OCCURRED. THE GEOTECHNICAL ENGINEER SHOULD EVALUATE THE RESULTS OF THE PERFORMANCE TESTS AND DETERMINE IF CREEP TESTING IS REQUIRED AND SELECT THE TIEBACKS THAT SHOULD BE CREEP TESTED. 2. IN THE PERFORMANCE TEST, THE LOAD APPLIED TO THE TIEBACK AND ITS MOVEMENT SHALL BE MEASURED DURING SEVERAL CYCLES OF INCREMENTAL LOADING AND UNLOADING. THE MAXIMUM TEST LOAD SHOULD BE HELD FOR A MINIMUM OF 10 MINUTES, WITH READINGS TAKEN AT 1, 2, 3, 4, 5, 6 AND 10 MINUTES. IF THE DIFFERENCE BETWEEN THE 1- AND 10-MINUTE READINGS IS LESS THAN 0.04 INCH DURING THE LOADING, THE TEST IS DISCONTINUED. IF THE DIFFERENCE IS MORE THAN 0.04 INCH, THE HOLDING PERIOD IS EXTENDED TO 60 MINUTES, AND THE MOVEMENTS SHOULD BE RECORDED AT 15, 20, 25, 30, 45, AND 60 MINUTES. B. TIEBACK PROOF TESTING: 1.PROOF TESTING: ALL REMAINING TIEBACKS SHALL BE PROOF TESTED TO 1.25 TIMES THE DESIGN LOAD. APPLY AN ALIGNMENT LOAD OF 10 PERCENT OF THE TEST LOAD AND SET THE DIAL GAUGE TO ZERO. APPLY TEST LOAD IN INCREMENTS OF 0.25 TIMES THE DESIGN LOAD (HOLD EACH INCREMENTAL LOAD UNTIL MOVEMENT HAS STABILIZED) UNTIL THE TEST LOAD IS REACHED. RECORD THE ELONGATION AT EACH INCREMENT AND AT THE ALIGNMENT LOAD. HOLD THE TEST LOAD FOR 10 MINUTES AND RECORD MOVEMENTS AT 0, 1, 2, 3, 4, 5, 6, AND 10 MINUTES. CYCLE THE LOAD BACK TO THE ALIGNMENT LOAD AFTER THE FINAL HOLD PERIOD AND RECORD THE DISPLACEMENT. C. TIEBACK TESTS SHALL BE CONSIDERED ACCEPTABLE IF: 1. LESS THAN 0.04 INCHES OF MOVEMENT IS OBSERVED BETWEEN THE 1 AND 10-MINUTE HOLD OR MOVEMENT IS LESS THAN 0.08 INCHES PER LOG CYCLE OF TIME (I.E. 6 TO 60 MINUTE INTERVAL) IF THE TEST HOLD IS CONTINUED FOR 60-MINUTES. 2. THE TOTAL DISPLACEMENT BETWEEN THE ALIGNMENT LOAD AND TEST LOAD EXCEED 80 PERCENT OF THE THEORETICAL ELASTIC ELONGATION OF THE UNBONDED LENGTH ((TEST LOAD - ALIGNMENT LOAD) X UNBONDED LENGTH DIVIDED BY AREA OF TENDON AND 29,000 KSI). 3. A PULL FAILURE DOES NOT OCCUR. PULLOUT FAILURE IS DEFINED AS THE CONDITION WHEN CONTINUED PUMPING OF THE JACK DOES NOT INCREASE THE LOAD (GAUGE PRESSURE) WHILE THE TIEBACK DISPLACEMENT IS CONTINUING TO INCREASE. 4. IN THE EVENT A TIEBACK FAILS TO MEET THE TEST CRITERIA THE SHORING CONTRACTOR MAY CHOOSE TO REGROUT AND RE-TEST THE TIEBACK OR LOCK-OFF THE TIEBACK AT 50 PERCENT OF THE ULTIMATE LOAD MAINTAINED DURING THE 10-MINUTE HOLD AND PROVIDE ADDITIONAL MAKE-UP TIEBACKS PER BELOW. ISOLATED TIEBACKS THAT TEST ABOVE THE DESIGN LOAD BUT FAIL TO MEET THE TEST CRITERIA MAY BE REVIEWED AND ACCEPTED BY THE SHORING ENGINEER. 5. SHORING CONTRACTOR SHALL PROVIDE AND TEST ADDITIONAL MAKE-UP TIEBACKS AND ANCHORAGE FOR TIEBACKS THAT FAIL TO MEET THE TEST REQUIREMENTS. MAKE-UP TIEBACKS SHALL HAVE A DESIGN LOAD EQUAL TO THE DIFFERENCE BETWEEN THE LOCKED-OFF LOAD OF THE FAILED TIEBACK AND THE DESIGN LOAD SHOWN ON THE DRAWINGS PLUS 40 PERCENT OF THE TEST LOAD. MAKE-UP TIEBACKS SHALL BE INSTALLED 2-FEET BELOW THE FAILED TIEBACK. COST FOR THE MAKE-UP TIEBACKS AND ASSOCIATED WORK SHALL BE THE RESPONSIBILITY OF THE SHORING CONTRACTOR. 6. CUT THE TENDON1-INCH FROM THE LOCK NUT OR WEDGES. DETAIL NUMBERING: THE BLOCK ARE NOT DRAWN ON DETAIL SHEETS BUT THE NUMBER MORE OR LESS CORRESPOND TO THE NUMBERING SYSTEM USED FOR DETAILS ON THE DRAWINGS. WHERE MORE THAN ONE BLOCK AREA IS USED FOR A SINGLE DETAIL, THE NUMBER CORRESPONDING TO BLOCK AT THE BOTTOM RIGHT CORNER OF DETAIL. BLOCK POSITIONS MAY VARY SLIGHTLY. ABBREVIATIONS THE FOLLOWING ABBREVIATIONS MAY BE USED IN THESE DRAWINGS TO DENOTE THE WORDS INDICATED. &AND @AT ℄CENTERLINE ⅊PLATE/S ST STEP Ø DIAMETER # POUND OR NUMBER (E) EXISTING (N) NEW APPROX APPROXIMATE ARCH ARCHITECT BLDG BUILDING BOTT BOTTOM B.O.E. BOTTOM OF EXCAVATION B.O.F. BOTTOM OF (E) FOOTING B.O.P. BOTTOM OF PIER B.O.S. BOTTOM OF SLOPE C.J. CONSTRUCTION JOINT CLR CLEAR COL COLUMN CONC CONCRETE CONN CONNECTION CONSTR CONSTRUCTION CONT CONTINUOUS CTR CENTER DET DETAIL DIA DIAMETER DIM DIMENSION DN DOWN DO DITO DWG DRAWINGS EA EACH E.F. EACH FACE EL ELEVATION E.W. EACH WAY EXIST EXISTING E.G. EXISTING GRADE EXP EXPANSION EXT EXTERIOR FDN FOUNDATION E.F. FINISHED FLOOR E.G. FINISH GRADE E.O.C. FACE OF CONCRETE FT FOOT OR FEET FTG FOOTING E.S. FAR SIDE GR GRADE HK HOOK HORIZ HORIZONTAL I.D. INSIDE DIAMETER I.F. INSIDE FACE JT. JOINT MAX MAXIMUM MFR MANUFACTURER MIN MINIMUM MISC. MISCELLANEOUS NNORTH N.F. NEAR FACE N.I.C. NOT IN CONTRACT NOM NOMINAL N.T.S. NOT TO SCALE N.S. NEAR SIDE N.W. NORMAL WEIGHT O.C. ON CENTER O.D. OUTSIDE DIAMETER O.F. OUTSIDE FACE OPNG OPENING OPP OPPOSITE P.S.F. POUNDS PER SQUARE FOOT P.S.I. POUNDS PER SQUARE INCH P.T. PRESSURE TREATED P.L. PROPERTY LINE RAD RADIUS RECT. RECTANGLE REF REFERENCE REINF REINFORCING REQ REQUIRED S.A.D. SEE ARCHITECTURAL DRAWINGS S.J. SAWCUT JOINT S.C.D. SEE CIVIL DRAWINGS S.M.D. SEE MECHANICAL DRAWINGS S.O.G. SLAB-ON-GRADE SIM SIMILAR SPEC SPECIFICATION SQ SQUARE STD STANDARD STL STEEL STRL STRUCTURAL SYM SYMMETRICAL T.O.C. TOP OF CONCRETE T.O.F. TOP OF FOOTING T.O.S. TOP OF STEEL T.O.W. TOP OF WALL TYP TYPICAL U.O.N. UNLESS OTHERWISE NOTED V.I.F. VERIFY IN FIELD VERT. VERTICAL W/ WITH WD WOOD WK. PT. WORK POINT W/O WITHOUT 1 SH2.1 DRAWING SYMBOLS AND LEGEND A. THESE SYMBOLS ON DRAWINGS INDICATE SECTIONS, ELEVATIONS, AND DETAIL REFERENCES ON DRAWINGS 1. SECTION MARK INDICATING ORIENTATION OF SECTION SECTION DESIGNATION SECTION SHEET ON WHICH DETAIL IS FOUND 2. ELEVATION ELEVATION MARK INDICATING ORIENTATION OF ELEVATION 3. DETAIL WHERE THE CIRCLE IS NECESSARY TO DEFINE THE EXTENT OF THE DETAIL B. THE FOLLOWING SYMBOLS HAVE BEEN USED ON THE FRAMING PLANS: PILE NUMBER BUILDING GRID LINE DRILLED SOLDIER PILE SLOPED BANK 1.5:1 TYPE "C" SOIL (HORIZONTAL TO VERTICAL) TIEBACK TIEBACK WORK POINT DESIGN LOAD/ UNBONDED LENGTH/ DRILL ANGLE OTHER THAN 15° 0 K/ 0'-0"/ 15° 1 SH2.1 1 SH2.1 STRUCTURAL SHORING DRAWING LIST SH1.1 SHORING GENERAL NOTES SH2.1 SHORING DETAILS SH2.2 SHORING CROSS-SECTIONS SH2.3 SHORING CROSS-SECTIONS SH2.4 SHORING CROSS-SECTIONS SH3.1 PARTIAL SHORING PLAN SH3.2 PARTIAL SHORING PLAN SH4.1 PARTIAL SHORING ELEVATION SH4.2 PARTIAL SHORING ELEVATION SH4.3 PARTIAL SHORING ELEVATION SH4.4 PARTIAL SHORING ELEVATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 0 062-722-008-1 ASU TRELAECIVRESDNUORG R E D N U G I D U OYEROFEBLLAC VICINITY MAP SHORING LOADING CRITERIA x ACTIVE PRESSURE, (EFAP) = 38 PCFxRESTRAINED PRESSURE, (PR) = EQUATION SEE BELOWxACTIVE PRESSURE BELOW DREDGE LINE, (EFAP2) = 35 PCFxACTIVE PRESSURE BELOW WATER, (EFAP3) = 18 PCFxALLOWABLE PASSIVE PRESSURE, (EFPP) = 290 PCFxALLOWABLE PASSIVE PRESSURE BELOW WATER, (EFPP2) = 140 PCFxTIEBACK SKIN FRICTION = 1,671 PSF (INCLUDES POST GROUTING) x TYPICAL TRAFFIC SURCHARGE, (CSTRAFFIC) = 100 PSFxTYPICAL SURCHARGE DEPTH, (CSTYP) = 10'-0" x HEAVY CONSTRUCTION SURCHARGE, (CSHEAVY) = XXX PSF (TO BE APPLIED TO FULL SHORED HEIGHT "H")x SLOPED HEIGHT = (HS)x SLOPE SURCHARGE, (SSUNIF) = HS*EFAP PSF (TO BE APPLIED TO FULL SHORED HEIGHT "H") x SOIL ARCHING FACTOR = 3.0 MAX. CANTILEVER CONDITION RESTRAINED CONDITION CSTRAFFIC CS TY P WA L L H E I G H T "H " PIL E E M B E D M E N T "D " POINT OF RESTRAINT / TIEBACK TRAFFIC SURCHARGE TOP OF WALL BOTTOM OF EXCAVATION EFPP2 EFPP "H 1" 3'- 0 " EFAP EFAP2 EFAP3 SL O P E D HE I G H T "H S" EFAP2 EFAP3 EFAP 0.6 H N+1 0.6 H 1 "H N+ 1 " SSUNIF SLOPE SURCHARGE MAX. 120,000 LB. POINT LOAD MIN. 6'-0" CLR. CSHEAVY HEAVY SURCHARGE 23H2 H - 13H1 - 13HN+1 PROJECT LOCATION STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 SHORING GENERAL NOTES SH1.1 1 1 1 1 1 2 2 2 6 06/14/2023 96 PILE TIP, SEE ELEVATIONS NOTE: 1. SEE ELEVATIONS FOR LOCATION OF TIEBACK WORK POINT. 2. LOCATE TIEBACKS ON ALTERNATE SIDES OF SOLDIER PILES. 3. REFER TO DETAIL 20/- FOR TIEBACK TEST LOAD SCHEDULE. 4. TIEBACK SKIN FRICTION = 1,671 PSF 4 - 3 - 1 - TYPICAL SOIL MIX RESTRAINED SOLDIER PILE 1"=1'-0" ASSUMED ACTIVE WEDGE T.O.S./ E.G. SEE ELEVATIONS 2'- 0 " M A X . 10'-0" MIN. SOIL MIX LAGGING, TYP. LIMIT OF EXCAVATION UNTIL TIEBACK ANCHORS ARE LOCKED AT REQUIRED FORCE ADDITIONAL TIEBACK AS REQUIRED SEE ELEVATIONS SEE ELEVATIONS FOR TIEBACK WORK POINT LOCATION SO I L M I X E D S O L D I E R P I L E SH O R I N G H E I G H T V A R I E S " H " , SE E S C H E D U L E O N S H E E T S H 3 . 1 SO L D I E R P I L E D E P T H " D " , SE E S C H E D U L E S H E E T S H 3 . 1 0.2H SOLDIER PILE TOLERANCE: 0 TO 2" CLEAR, FOR DEPTH 0 TO 35 FEET BELOW (E) GRADE. 0 TO 3" CLEAR BELOW 35 FEET. 2 1 60° B.O.E. SEE ELEVATIONS 2'-6" PILE DIAMETER BACKFILL BETWEEN SHORING AND NEW WALL WITH INCOMPRESSIBLE MATERIAL BY OTHERS OR PLACE NEW WALL AGAINST SHORING. SEE WATERPROOFING (PER ARCHITECT). NEW BUILDING TO PROVIDE PERMANENT LATERAL SUPPORT. SLOPE PER PLAN BAR "A" BAR "A" PRE-FABRICATED BLOCK-OUTFIELD WELDED BLOCK-OUT 1/2 " WELD "B"TYPICALWELD "B" WORK POINT SECTION FRONT FLANGE REAR FLANGE WORK POINT A A B C , WELD "C" LINE UP STIFFENER PLATE WITH SLOT AT FLANGE BAR "A" BEYOND CNTR. ON NOTCH CN T R . O N N O T C H CN T R . O N N O T C H REAR NOTCH TO MATCH STIFFENER ANGLE BAR "A" CNTR. ON NOTCH C B BAR "A" NOTE: 1. FABRICATE PILES SUCH THAT BLOCKOUTS AT DIFFERENT ELEVATIONS ON THE SAME PILE AND BLOCKOUTS AT ADJACENT PILES ARE LOCATED ON OPPOSITE SIDES OF THE WEB. 2. PROVIDE REMEDIAL WORKS AS REQUIRED TO PREVENT SOLDIER PILE FROM TWISTING OR ROTATING IF HORIZONTAL DRILL ANGLE OR TIEBACK OFFSET GREATER THAN THE TOLERANCE SHOWN. 3. CONTRACTOR TO SUBMIT FINAL INSTALLED TIEBACK LENGTH TO SHORING ENGINEER, AS REQUIRED. 4. PROVIDE STRAND SPACERS IN BONDED LENGTH AND CENTRALIZERS, AS REQUIRED, FOR DESIGN LOAD, 10'-0" o.c. MAX. SPACING WITHIN BOND LENGTH, MAX. 2'-0' FROM END OF TIEBACK. 5. TIEBACK SHAFT DIAMETER SHALL BE A MINIMUM OF 0'-8", SHAFT DIAMETER TO BE INCREASED AS NECESSARY TO OBTAIN TIEBACK TEST LOAD BY SHORING CONTRACTOR SO TIEBACK DOES NOT CROSS PROPERTY LINE. 1 1 / 2 " M A X . O F F S E T BAR "A" 1 1 / 2 " M A X . OF F S E T WELD "B" WELD "B" REAR NOTCH TO MATCH STIFFENER ANGLE 3"-6" 3/8" STIFFENER PLATE, TIEBACK DESIGN LOAD < 130 KIPS, 1/2" STIFFENER PLATE, TIEBACK DESIGN LOAD > 130 KIPS, TYP. 3"-6" 1° ± 1° ± WELD "C", ℄ OF PILE ℄ OF TIEBACK TYPICAL WELD "B" ℄ OF PILE ℄ OF TIEBACK 3"-6" 3"-6" 3 - TYPICAL TIEBACK DETAIL 1"=1'-0" TIEBACK POCKET SCHEDULE FY = 50KSI FOR WF AND FY = 50 KSI FOR PLATES & BARS WF SIZE BAR "A" WELD SIZE "B" W10, W12, W14 12"X4"x2'-0"14" W16 12"X4"x2'-0"14" W18 58"X412"x2'-0"14" W21 34"X412"x2'-0"14" TIEBACK POCKET SCHEDULE FY = 50KSI FOR WF FY = 50 KSI FOR PLATES & BARS WEB STIFFENER PLATE WELD SCHEDULE WF SIZE WELD SIZE "C" W10, W12, W14 14" W16 516" W18 516" W21 516"(4) STRANDS OR LESS - 4" EXTRA STRONG STEEL PIPE (412" O.D. WITH 0.337" WALL THICKNESS) WITH 6" SQ. PLATE OR (5) STRANDS OR MORE - 5" EXTRA STRONG STEEL PIPE (5.56" O.D. WITH 0.375" WALL THICKNESS) WITH 7" SQ. PLATE PLATE 3/4" 134" 5/16 5/16TYP. WEDGE PLATE NOT SHOWN 4 OR 7 STRAND WEDGE PLATE LEVEL OF PRIMARY GROUT GROUT TUBE FOR PRIMARY GROUTING SEE NOTE 4 FOR PVC CENTRALIZER REQUIREMENTS. GROUT TUBE FOR POST-GROUTING (OPTIONAL) 15'-0" MIN . U N B O N D E D L E N G T H S T R A N D , 10'-0" MIN . U N B O N D E D L E N G T H B A R , REFER TO S O L D I E R P I L E S C H E D U L E A N D E L E V A T I O N S FOR MINIM U M L E N G T H BOND BREAKER OVER STRAND STEEL ANCHOR HEAD AND WEDGE ASSEMBLY. 8" Ø M I N . SE E N O T E 5 DRILL ANGLE PER PLAN 3" VOID, TYP. STRESSIN G TAIL LENG T H BOND LEN G T H , D E T E R M I N E D B Y S H O R I N G CONTRAC T O R , T Y P A T E A . T I E B A C K , S E E N O T E 3 . TIEBACK STRAND VALVE (OPTIONAL) 10° 25 ° 312" 20 - TIEBACK TEST LOAD SCHEDULE N.T.S. NOTE: 1. ALL BARS SHALL BE UPSET THREADS, TYPICAL. CONTRACTOR SHALL SUBMIT SCHEDULE WITH MAXIMUM TEST AND DESIGN LOAD FOR HOLLOW BARS, IF USED, BASED ON MANUFACTURER'S SPECIFICATION FOR REVIEW PRIOR TO ORDER. 3TYPICAL SOIL MIX LAGGING DETAIL 1"=1'-0" NOTE: 1. SOIL CEMENT COLUMNS SHALL HAVE A MINIMUM IN-SITU STRENGTH OF 100 PSI FOR PRIMARY PILES AND SECONDARY PILES. 2. SECONDARY PILES SHALL EXTEND BELOW BOTTOM OF EXCAVATION A MINIUM OF 1'-0". PLAN STEEL SOLDIER PILE PER PLAN 1'-9"1'-9" 7'-0" 1'-9"1'-9" SECONDARY 2'-6" DIAMETER SOIL-CEMENT COLUMN TRIM SOIL-CEMENT COLUMNS FLUSH W/ STEEL SOLDIER PILES (N) BASEMENT WALL, SEE ARCHITECTURAL AND STRUCTURAL DRAWINGS PRIMARY 2'-6" DIAMETER SOIL-CEMENT COLUMN WITH STEEL SOLDIER PILE WATERPROOFING MEMBRANE, BY OTHERS, SEE ARCHITECTURAL DRAWINGS NOTE: 1. PROTECT LAGGING FROM DAMAGE DUE TO WELD SPARKS, AND SPATTER. 2. TOE-NAIL NOTCHED LAGGING TO STEEL STRAPS, TYPICAL. NOTCHED LAGGING NOTCHED LAGGING, SEE NOTE 2 ℄ WF SOLDIER PILE EDGE OF WF SOLDIER PILE FLANGE 1'- 0 " , M A X . PLATE 1/4x4" PLATE 3/4x4" BETWEEN SOLDIER PILE FLANGES PLATE 3/4x4" BETWEEN SOLDIER PILE FLANGES 1o - TYP. REINFORCING OF NOTCHED WOOD LAGGING FOR M.E.P.1"=1'-0" TYP. 4'- 0 " 6" 3" 1'- 8 " WF SOLDIER PILE PER PLAN CONTINUOUS 38" DIAMETER WIRE ROPE, TYP. 3 CLASPS MIN., SECURE TIGHT, SADDLES ON LIVE END, WITH TURNBUCKLE TO TIGHTEN. L 3x3x14"x4'-6" LONG, TYP. AT EACH SOLDIER PILE NOTE: 1. CONSTRUCTION RAILING SHALL COMPLY WITH ALL CALOSHA REQUIREMENTS. 2. GENERAL CONTRACTOR TO PROVIDE ADDITIONAL CHAIN LINK FENCE (NOT SHOWN) OR SIMILAR BARRICADE TO PREVENT PUBLIC ACCESS TO TOP OF SHORING. 9 - TYPICAL CONSTRUCTION RAILING 1"=1'-0" L 3x3x14 WITH 12"Ø x 212" LONG LAG SCREWS, 6 TOTAL 3/16TYP. 3/16TYP. 3/16 TYP. 534" 11 14" 11 14" 3" TOP RAIL L3x3x1/4" ONLY AT CORNER CONDITION OR END CONDITION MAXIMUM 3'-0" LONG DIMENSION, 3'-0" MAX. SH O R T D I M E N S I O N , 3'- 0 " M A X . DSM SHAFT SHIM AS REQUIRED TO ENSURE FULL BERING L 3X3X1/4", TYP. 112" BEARING MINIMUM (2) 16d NAILS PER BOARD, BEND TIGHT OVER FLANGE, TYP. DIAGONAL RAIL L3x3x1/4", TYP., ON EA SIDE OF CORNER A A 612" 612" 14 - TYPICAL NOTCH IN SOLDIER PILE FOR FUTURE REMOVAL 1" = 1'-0" 2" MAX. FIRE RESISTANT GYP BOARD BY OTHERS, NOTCH AS REQUIRED TO PROTECT (N) BLDG. WATERPROOFING, BY OTHERS 4'- 0 " M A X . 2" MAX. NOTCH AS REQUIRED FOR FUTURE REMOVAL OF UPPER PORTION OF BEAM (E) GRADEPORTION OF SOLDIER PILE TO BE REMOVED AFTER NEW CONSTRUCTION IS COMPLETE, BY OTHERS CONSTRUCTION RAILING NOT SHOWN FOR CLARITY AA SECTION A-A PORTION OF SOLDIER PILE TO BE NOTCHED FIRE RESISTANT GYP BOARD BY OTHERS, NOTCH AS REQUIRED TO PROTECT (N) BLDG. WATERPROOFING, BY OTHERS VARIES, 3'-0" MAX., TYP. TIEBACK TEST LOAD SCHEDULE - 125% ASTM A615 THREADED BAR (GRADE 75) BY DYWIDAG-SYSTEMS INTERNATIONAL BAR #/ NOMINAL DIAMETER NOMINAL CROSS SECTION AREA (ATB) MAXIMUM DESIGN LOAD (TL/1.25) TEST LOAD (TL) 0.80FPUxATB #6 O.44 IN 2 21.1 KIPS 26.4 KIPS #7 O.60 IN2 28.8 KIPS 36 KIPS #8 O.79 IN 2 37.9 KIPS 47.4 KIPS #9 1.00 IN 2 48 KIPS 60 KIPS #10 1.27 IN2 61 KIPS 76.2 KIPS ASTM A722 THREADED BAR (GRADE 100) BY DYWIDAG-SYSTEMS INTERNATIONAL BAR #/ NOMINAL DIAMETER NOMINAL CROSS SECTION AREA (ATB) MAXIMUM DESIGN LOAD (TL/1.25) TEST LOAD (TL) 0.80FPUxATB #7 O.60 IN2 38.4 KIPS 48 KIPS #8 O.79 IN 2 50.6 KIPS 63.2 KIPS #9 1.00 IN 2 64 KIPS 80 KIPS #10 1.27 IN2 81.3 KIPS 101.6 KIPS #11 1.56 IN 2 99.8 KIPS 124.8 KIPS ASTM A416 LOW-RELAXATION STRAND (0.6" DIAMETER STRAND, FPU = 270 KSI) STRAND QUANTITY NOMINAL CROSS SECTION AREA (APS) MAXIMUM DESIGN LOAD 0.60FPUxAPS TEST LOAD 0.80FPUxAPS 1 O.217 IN2 35.2 KIPS 46.9 KIPS 2 O.434 IN2 70.3 KIPS 93.7 KIPS 3 O.651 IN 2 105.5 KIPS 140.6 KIPS 4 O.868 IN2 140.6 KIPS 187.5 KIPS STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 SHORING DETAILS SH2.1 1 4 4 06/14/2023 97 T.O. PILE +41.50'± V.I.F. B.O.E +22.07'± V.I.F. 20 ° ELEV. +30.0' ELEV. +20.0' TIEBACK ELEV. +32.00' ESTIMATED TIEBACK LENGTH = 47'-6" TIEBACK DEPTH +15.75'± V.I.F. ELEV. +40.0' E.G. +42.79'± V.I.F. 2'-0" 10'-0" COMMUNICATION EASEMENT INV. +37.48'± V.I.F. 3 - SOLDIER PILE CROSS-SECTION SP #41 1"=1'-0" T.O. PILE +35.00'± V.I.F. B.O.E +22.07'± V.I.F. ELEV. +30.0' ELEV. +20.0' TIEBACK ELEV. +29.00' TIEBACK DEPTH -4.12'± V.I.F. ELEV. +40.0' E.G. +38.80'± V.I.F. @ B.W./ PL PROPERTY LINE 24'-10"6'-334" COMMUNICATION LINES INV. +35.50'± V.I.F. GAS LINE INV. +35.50'± V.I.F. 6'-814" SS LINE INV. +27.11' TO +25.00'± V.I.F. 1 - SOLDIER PILE CROSS-SECTION SP #11 1"=1'-0" HUNTINGTON AVE ESTIMATED TIEBACK LENGTH = 55'-0" BW/ PL FINISH GRADE +38.04'± V.I.F. 20 ' - 3 " 25 ° 11 ' - 2 12" 2'- 2 12" STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 SHORING CROSS-SECTIONS SH2.2 3 5 4 4 06/14/2023 98 3 - SOLDIER PILE CROSS-SECTION SP #111 1"=1'-0" T.O. PILE +42.50'± V.I.F. B.O.E +22.07'± V.I.F. 15 ° ELEV. +30.0' ELEV. +20.0' TIEBACK ELEV. +26.50' ELEV. +40.0' E.G. +44.50'± V.I.F. PROPERTY LINE 34'-014" 1 - SOLDIER PILE CROSS-SECTION SP #84 1"=1'-0" TIEBACK ELEV. +36.50' 15 ° TIEBACKS NOT TO CROSS PROPERTY LINE T.O. PILE +42.50'± V.I.F. B.O.E +22.07'± V.I.F. ELEV. +30.0' ELEV. +20.0' ELEV. +40.0' E.G. +43.93'± V.I.F. PROPERTY LINE 38'-9" 10" WATER LINE INV. +37.93'± V.I.F. 24'-134" 8" SS LINE INV. +29.29'± V.I.F. 4'-1012" 15 ° TIEBACK ELEV. +26.50' TIEBACK ELEV. +36.50' 20 ° TIEBACKS NOT TO CROSS PROPERTY LINE (N) 8" SS LINE INV. +39.62'± TO 42.81'± V.I.F. (N) 12" SS LINE INV. +39.62'± TO 42.81'± V.I.F. 3'-1134" STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 SHORING CROSS-SECTIONS SH2.3 06/14/2023 99 1 - SOLDIER PILE CROSS-SECTION SP #139 1"=1'-0" T.O. PILE +40.50'± V.I.F. B.O.E +22.07'± V.I.F. ELEV. +30.0' ELEV. +20.0' ELEV. +40.0' E.G. +41.74'± V.I.F. TIEBACK ELEV. +33.50' 20 ° 10" WATER LINE INV. +35.74'± V.I.F. 37'-112" 8" SS LINE INV. +25.00'± TO 29.29'± V.I.F. 1'-3" STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 SHORING CROSS-SECTIONS SH2.4 06/14/2023 10 0 BC-2 BC-4 BC-5 BC-5.1 BC-6.1 BC-1 BC-2.5 BC-3 BC-3.3 BC-4.5 BC-6 BC-LBC-K BC-K.7BC-JBC-HBC-GBC-E BC-E.9 BC-F BC-G.1 BC-H.5 BC-J.1BC-A.9 BC-CBC-B BC-B.1 BC-DBC-C.1 BC-D.1BC-A 1 1st FLOOR ELEV. +46.50' (0'-0") B1 FLOOR EVEV. +35.33' (-11'-2") B2 FLOOR ELEV. +25.16' (-21'-4") S.O.G. THICKNESS 0'-5" ROCK THICKNESS 0'-8" PERIMETER FTG. THICKNESS 2'-0" B.O.E. / FTG. +22.07' ± V.I.F. B2 FLOOR ELEV. +25.16' (-21'-4") ELEV. PIT ELEV. +20.16' (-26'-4") SUMP PIT DEPTH 2'-0" SUMP PIT SLAB 0'-10" B.O.E +17.32' ± V.I.F. TYP.1 SH2.1 MATCH LINE, SEE SHEET SH3.2 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 28148 140 132 143 138 133 2 3 4 5 2726252423222120191817161514131211109876 125 126 127 128 129 130 131 134 135 136 137 139 145 146 147 141 142 144 3 SH2.2 1 SH4.1 2 SH4.1 2 SH4.4 1 SH2.4 F.G. +37.03'± E.G. +37.74'± F.G. +37.14'± E.G. +37.79'± F.G. +37.25'± E.G. +37.93'± F.G. +37.37'± E.G. +38.08'± F.G. +37.48'± E.G. +38.09'± F.G. +37.59'± E.G. +38.21'± F.G. +37.71'± E.G. +38.48'±F.G. +37.79'± E.G. +38.57'±F.G. +37.88'± E.G. +38.66'±F.G. +37.96'± E.G. +38.70'±F.G. +38.04'± E.G. +38.81'±F.G. +38.12'± E.G. +38.90'±F.G. +38.19'± E.G. +38.93'± F.G. +38.27'± E.G. +39.05'± F.G. +38.33'± E.G. +39.09'±F.G. +38.40'± E.G. +39.07'±F.G. +38.46'± E.G. +39.20'±F.G. +38.52'± E.G. +39.21'±F.G. +38.60'± E.G. +39.39'±F.G. +38.67'± E.G. +39.48'±F.G. +38.75'± E.G. +39.59'± F.G. +38.81'± E.G. +39.49'± F.G. +38.87'± E.G. +39.58'± F.G. +38.93'± E.G. +39.58'±F.G. +38.99'± E.G. +39.60'±F.G. +39.06'± E.G. +39.64'±F.G. +39.13'± E.G. +39.69'± 1 SH2.2 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 8 3 / 4 " T O P R O P E R T Y L I N E 25 ' - 8 1 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 25 ' - 5 " T O P R O P E R T Y L I N E 25 ' - 3 3 / 1 6 " T O P R O P E R T Y L I N E 25 ' - 1 7 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 1 1 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 9 7 / 8 " T O P R O P E R T Y L I N E 24 ' - 8 1 / 8 " T O P R O P E R T Y L I N E 24 ' - 6 3 / 8 " T O P R O P E R T Y L I N E 24 ' - 4 5 / 8 " T O P R O P E R T Y L I N E 24 ' - 2 1 3 / 1 6 " T O P R O P E R T Y L I N E 24 ' - 1 1 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 1 1 5 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 9 1 / 2 " T O P R O P E R T Y L I N E 23 ' - 7 3 / 4 " T O P R O P E R T Y L I N E 23 ' - 6 " T O P R O P E R T Y L I N E 23 ' - 4 3 / 1 6 " T O P R O P E R T Y L I N E 23 ' - 2 7 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 5 9 / 1 6 " T O P R O P E R T Y L I N E 22 ' - 7 3 / 8 " T O P R O P E R T Y L I N E 22 ' - 9 1 / 8 " T O P R O P E R T Y L I N E 22 ' - 1 0 7 / 8 " T O P R O P E R T Y L I N E 25 ' - 7 1 / 8 " T O P R O P E R T Y L I N E 1PARTIAL SHORING PLAN 1/8"=1'-0"0' SCALE: 1' 5' 10' 1/8"=1'-0" 1. FOR GENERAL NOTES REFER TO SHEET SH1.1. 2. FOR TYPICAL SHORING DETAILS REFER TO SHEET SH2.1. 3. FOR TYPICAL CONSTRUCTION GUARD RAIL REFER TO DETAIL 4/SH2.1. 4. EXISTING SITE CONDITIONS (SITE PLAN), GRID AND NEW IMPROVEMENTS SHOWN ARE FOR REFERENCE ONLY AND MAY NOT REFLECT ALL SITE CONDITIONS AND ACCURATE DIMENSIONS. SEE ARCHITECTURAL DRAWINGS FOR BUILDING GRID AND DIMENSIONS. SEE PROJECT CIVIL PLANS FOR SITE AND CONDITIONS. 5. EXISTING UTILITIES SHOWN ON THIS PLAN ARE BASED ON RECORD LOCATIONS SHOWN ON THE SITE TOPOGRAPHICAL SURVEY. ADDITIONAL UTILITIES MAY BE PRESENT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM AND/OR DETERMINE THE LOCATION OF ALL UTILITIES AND DRILLING CLEARANCE PRIOR TO PROCEEDING WITH DRILLING OPERATIONS. 6. EXISTING UTILITIES TO BE ABANDONED AND IN CONFLICT WITH NEW SHORING SHALL BE REMOVED BY GENERAL CONTRACTOR PRIOR TO SHORING INSTALLATION. 7. SHORING CONTRACTOR TO VERIFY QUANTITY OF SOLDIER PILES. 8. BUILDING B - B2 PAD ELEVATION FOR REFERENCE ONLY +24.74'± VERIFY WITH CIVIL DRAWINGS. SHORING NOTES: NORTH 0 062-722-008-1 ASU TRELAECIVRESDNUORG R E D N U G I D U OYEROFEBLLAC RESTRAINED SOLDIER PILE SCHEDULE SOLDIER PILE NUMBER SHORING TYPE (T=TIEBACK) MAX. CUT HEIGHT "H" MIN. TOE DEPTH "D" SOLDIER PILE TOTAL LENGTH MINIMUM PILE SECTION (GR. 50) DSM PILE SPACING TIEBACK DL LOAD/ ANGLE TIEBACK TEST LOAD TIEBACK UNBONDED LENGTH ESTIMATED TIEBACK BONDED LENGTH ESTIMATED TIEBACK TOTAL LENGTH ESTIMATED TIEBACK TAIL LENGTH NUMBER OF TIEBACK STRANDS MINIMUM ELONGATION (IN.) THREADED BAR SIZE (GR 75) MINIMUM ELONGATION (IN.) SOLDIER PILE COUNT SEE NOTE 7 1-6 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --6 "H" 146-148 T - 2'-0" SLOPE 16'-6" 14'-0" 30'-6" W18x35 7'-0"105 KIPS/ 20°131 KIPS 15'-0" 37'-6" 52'-6" 3'-0" 3 1.17 - -3 7-9, 19-28 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --22 "H" 10-18 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W18x35 7'-0" 112 KIPS/ 25° 139 KIPS 15'-0" 40'-0" 55'-0" 3'-0" 4 0.96 - -22 "H" 127-135, 144, 145 T - 2'-0" SLOPE 18'-6" 14'-0" 32'-6" W18x35 7'-0"112 KIPS/ 20° 140 KIPS 15'-0" 40'-0" 55'-0" 3'-0"41.24 - - 11 29, 30, 36 T - 2'-0" SLOPE 18'-6" 10'-0" 28'-6" W14x74 7'-0" 81 KIPS/ 20° 101.5 KIPS 15'-0" 29'-0" 44'-0"3'-0" 3 0.92 - -3 'H" 70-98 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 79 KIPS/ 15° ROW 1 54 KIPS/ 15° ROW 2 98.5 KIPS ROW 1 67.5 KIPS ROW 2 12'-0" 10'-0" 23'-2" 19'-3" 35'-2" 29'-3"2'-0" - - #11 #10 0.28 0.21 29 'H" 99-121 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 81 KIPS/ 20° ROW 1 54 KIPS/ 15° ROW 2 101 KIPS ROW 1 67.5 KIPS ROW 2 15'-0" 15'-0" 26'-3" 19'-3" 41'-3" 34'-3"3'-0"3 2 0.91 0.91 --23 "H" 122-126 T - 2'-0" SLOPE 20'-6" 13'-6" 34'-0" W18x35 7'-0"114.5 KIPS/ 20° 143 KIPS 15'-0" 41'-0" 56'-0" 3'-0"4 1.28 --5 37-69 T - 2'-0" SLOPE 20'-6" 10'-0" 30'-6"W14x74 7'-0"91 KIPS/ 20° 114 KIPS 15'-0" 32'-6" 47'-6" 3'-0" 3 1.04 --33 "H" 140-143 T - 2'-0" SLOPE 22'-6" 15'-0" 37'-6" W18x40 7'-0"119.5 KIPS/ 20° 149 KIPS 15'-0" 42'-6" 57'-6" 3'-0"4 1.00 --4 31-35 T - 2'-0" SLOPE 22'-6" 10'-0" 32'-6" W14x74 7'-0" 101.5 KIPS/ 20° 127 KIPS 15'-0" 36'-3" 51'-3" 3'-0" 3 1.16 - -5 "H" 136-139 T - 2'-0" SLOPE 23'-6" 16'-6" 40'-0"W21x44 7'-0"123 KIPS/ 20° 154 KIPS 15'-0" 44'-0" 59'-0" 3'-0"4 1.03 --4 ** "H" DENOTES HEAVY SURCHARGE, 120,000 LB. POINT LOAD A MINIMUM OF 6'-0" CLEAR FROM FACE OF SHORING OR FROM TOP OF SLOPE. THE MINIMUM ELONGATION IS 80% OF THE THEORETICAL ELONGATION AND INCLUDES A 3'-0" LONG STRESSING TAIL LENGTH. STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING PLAN SH3.1 A-1 A-2 B-1 B-2 C-1 C-2 KEY PLAN 1 2 3 4 4 4 5 5 5 6 06/14/2023 10 1 × BC-6.1 BC-7 BC-6.5 BC-6 × × BC-7 BC-8 BC-9.9 BC-10 BC-10.7 BC-9 BC-8.7 BC-7.5 BC-12 BC-11 BC-11.7 BC-11.5 BC-LBC-K BC-K.7BC-JBC-HBC-GBC-E BC-E.9 BC-F BC-G.1 BC-H.5 BC-J.1BC-A.9 BC-CBC-B BC-B.1 BC-DBC-C.1 BC-D.1BC-A FOUNDATION PLAN NOTES: 1st FLOOR ELEV. +46.50' (0'-0") B1 FLOOR EVEV. +35.33' (-11'-2") B2 FLOOR ELEV. +25.16' (-21'-4") S.O.G. THICKNESS 0'-5" ROCK THICKNESS 0'-8" PERIMETER FTG. THICKNESS 2'-0" B.O.E. / FTG. +22.07' ± V.I.F. MATCH LINE, SEE SHEET SH3.1 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7071727374757677787980818283848586878889909192939495969798 99 100 101 102 103 104 105 106 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 110 109 108 107 1 SH4.2 2 SH4.2 1 SH4.3 2 SH4.3 1 SH4.4 1 SH2.3 3 SH2.3 1PARTIAL SHORING PLAN 1/8"=1'-0"0' SCALE: 1' 5' 10' 1/8"=1'-0" 1. FOR GENERAL NOTES REFER TO SHEET SH1.1. 2. FOR TYPICAL SHORING DETAILS REFER TO SHEET SH2.1. 3. FOR TYPICAL CONSTRUCTION GUARD RAIL REFER TO DETAIL 4/SH2.1. 4. EXISTING SITE CONDITIONS (SITE PLAN), GRID AND NEW IMPROVEMENTS SHOWN ARE FOR REFERENCE ONLY AND MAY NOT REFLECT ALL SITE CONDITIONS AND ACCURATE DIMENSIONS. SEE ARCHITECTURAL DRAWINGS FOR BUILDING GRID AND DIMENSIONS. SEE PROJECT CIVIL PLANS FOR SITE AND CONDITIONS. 5. EXISTING UTILITIES SHOWN ON THIS PLAN ARE BASED ON RECORD LOCATIONS SHOWN ON THE SITE TOPOGRAPHICAL SURVEY. ADDITIONAL UTILITIES MAY BE PRESENT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO CONFIRM AND/OR DETERMINE THE LOCATION OF ALL UTILITIES AND DRILLING CLEARANCE PRIOR TO PROCEEDING WITH DRILLING OPERATIONS. 6. EXISTING UTILITIES TO BE ABANDONED AND IN CONFLICT WITH NEW SHORING SHALL BE REMOVED BY GENERAL CONTRACTOR PRIOR TO SHORING INSTALLATION. 7. SHORING CONTRACTOR TO VERIFY QUANTITY OF SOLDIER PILES. 8. BUILDING B - B2 PAD ELEVATION FOR REFERENCE ONLY +24.74'± VERIFY WITH CIVIL DRAWINGS. SHORING NOTES: NORTH 0 062-722-008-1 ASU TRELAECIVRESDNUORG R E D N U G I D U OYEROFEBLLAC RESTRAINED SOLDIER PILE SCHEDULE SOLDIER PILE NUMBER SHORING TYPE (T=TIEBACK) MAX. CUT HEIGHT "H" MIN. TOE DEPTH "D" SOLDIER PILE TOTAL LENGTH MINIMUM PILE SECTION (GR. 50) DSM PILE SPACING TIEBACK DL LOAD/ ANGLE TIEBACK TEST LOAD TIEBACK UNBONDED LENGTH ESTIMATED TIEBACK BONDED LENGTH ESTIMATED TIEBACK TOTAL LENGTH ESTIMATED TIEBACK TAIL LENGTH NUMBER OF TIEBACK STRANDS MINIMUM ELONGATION (IN.) THREADED BAR SIZE (GR 75) MINIMUM ELONGATION (IN.) SOLDIER PILE COUNT SEE NOTE 7 1-6 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0" 54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 - - 6 "H" 146-148 T - 2'-0" SLOPE 16'-6" 14'-0"30'-6" W18x35 7'-0" 105 KIPS/ 20° 131 KIPS 15'-0"37'-6"52'-6"3'-0" 3 1.17 - -3 7-9, 19-28 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W16x26 7'-0"54 KIPS/ 25° 67 KIPS 15'-0" 20'-0" 35'-0" 3'-0"2 0.92 --22 "H" 10-18 T - 4'-9" SLOPE 13'-0" 8'-6" 21'-6" W18x35 7'-0"112 KIPS/ 25° 139 KIPS 15'-0" 40'-0" 55'-0" 3'-0"4 0.96 --22 "H" 127-135, 144, 145 T - 2'-0" SLOPE 18'-6" 14'-0" 32'-6" W18x35 7'-0" 112 KIPS/ 20° 140 KIPS 15'-0" 40'-0" 55'-0" 3'-0" 4 1.24 --11 29, 30, 36 T - 2'-0" SLOPE 18'-6" 10'-0" 28'-6"W14x74 7'-0"81 KIPS/ 20° 101.5 KIPS 15'-0" 29'-0" 44'-0" 3'-0" 3 0.92 --3 'H" 70-98 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 79 KIPS/ 15° ROW 1 54 KIPS/ 15° ROW 2 98.5 KIPS ROW 1 67.5 KIPS ROW 2 12'-0" 10'-0" 23'-2" 19'-3" 35'-2" 29'-3"2'-0"--#11 #10 0.28 0.21 29 'H" 99-121 T - 2'-0" SLOPE 20'-6" 7'-6" 28'-0" W16x31 7'-0" 81 KIPS/ 20° ROW 1 54 KIPS/ 15° ROW 2 101 KIPS ROW 1 67.5 KIPS ROW 2 15'-0" 15'-0" 26'-3" 19'-3" 41'-3" 34'-3"3'-0"3 2 0.91 0.91 --23 "H" 122-126 T - 2'-0" SLOPE 20'-6" 13'-6" 34'-0" W18x35 7'-0" 114.5 KIPS/ 20° 143 KIPS 15'-0" 41'-0" 56'-0" 3'-0" 4 1.28 - - 5 37-69 T - 2'-0" SLOPE 20'-6" 10'-0" 30'-6"W14x74 7'-0" 91 KIPS/ 20° 114 KIPS 15'-0" 32'-6" 47'-6" 3'-0" 3 1.04 - - 33 "H" 140-143 T - 2'-0" SLOPE 22'-6" 15'-0"37'-6"W18x40 7'-0" 119.5 KIPS/ 20° 149 KIPS 15'-0" 42'-6" 57'-6"3'-0"41.00 - - 4 31-35 T - 2'-0" SLOPE 22'-6" 10'-0" 32'-6"W14x74 7'-0" 101.5 KIPS/ 20° 127 KIPS 15'-0" 36'-3" 51'-3" 3'-0" 3 1.16 - - 5 "H" 136-139 T - 2'-0" SLOPE 23'-6" 16'-6" 40'-0"W21x44 7'-0"123 KIPS/ 20° 154 KIPS 15'-0" 44'-0" 59'-0" 3'-0"4 1.03 --4 ** "H" DENOTES HEAVY SURCHARGE, 120,000 LB. POINT LOAD A MINIMUM OF 6'-0" CLEAR FROM FACE OF SHORING OR FROM TOP OF SLOPE. THE MINIMUM ELONGATION IS 80% OF THE THEORETICAL ELONGATION AND INCLUDES A 3'-0" LONG STRESSING TAIL LENGTH. STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING PLAN SH3.2 A-1 A-2 B-1 B-2 C-1 C-2 KEY PLAN 1 2 3 4 4 4 5 06/14/2023 10 2 OU T S I D E FO L D L I N E E.G. +37.74'± V.I.F. B.O.E. +22.07'± V.I.F. 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W1 6 x 2 6 x 2 1 ' - 6 " 54 KIPS / 15'-0" / 25° 6'- 0 " 6'- 0 " 54 KIPS / 15'-0" / 25° W1 8 x 3 5 x 2 1 ' - 6 " 6'- 0 " 112 KIPS / 15'-0" / 25° 6'- 0 " B.O.S. +34.50'± V.I.F. B.O.S. +35.00'± V.I.F. W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 8 x 3 5 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' OU T S I D E FO L D L I N E B.O.S. B.O.E. +18.15'± V.I.F. 28192021272625242322 29 30 31 32 33 34 35 36 37 38 W1 4 x 7 4 x 2 8 ' - 6 " W1 4 x 7 4 x 2 8 ' - 6 " 9'- 6 " 81 KIPS / 15'-0" / 20° W1 4 x 7 4 x 3 0 ' - 6 " 9'- 6 " 91 KIPS / 15'-0" / 20° W1 4 x 7 4 x 2 8 ' - 6 " 9'- 6 " 81 KIPS / 15'-0" / 20° W1 4 x 7 4 x 3 0 ' - 6 " 9'- 6 " W1 4 x 7 4 x 3 2 ' - 6 " 101.5 KIPS / 15'-0" / 20° W1 4 x 7 4 x 3 2 ' - 6 " W1 4 x 7 4 x 3 2 ' - 6 " W1 4 x 7 4 x 3 2 ' - 6 " W1 4 x 7 4 x 3 2 ' - 6 " 6'- 0 " 54 KIPS / 15'-0" / 25° E.G. +42.09'± V.I.F. E.G. +39.69'± V.I.F. W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " W1 6 x 2 6 x 2 1 ' - 6 " STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING ELEVATION SH4.1 2 3 3 5 5 06/14/2023 10 3 B.O.S. +41.50'± V.I.F. 38 39 40 41 42 575655545352515049484746454443 91 KIPS / 15'-0" / 20° W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " 91 KIPS / 15'-0" / 20° W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " 9'- 6 " 0' SCALE: 1'5'10' 1/4"=1'-0" 1PARTIAL SHORING ELEVATION 1/4"=1'-0" SHORING NOTES: 1. FOR SHORING NOTES REFER TO SHEET SH3.1. ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' OU T S I D E FO L D L I N E E.G. +44.50'± V.I.F.B.O.S. +42.50'± V.I.F.B.O.S 69686766656463626160595857 70 71 72 73 74 75 76 W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 4 x 7 4 x 3 0 ' - 6 " W1 6 x 3 1 x 2 8 ' - 0 " 6'- 0 " 10 ' - 0 " 79 KIPS / 15'-0" / 15° 54 KIPS / 15'-0" / 15° W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " 2PARTIAL SHORING ELEVATION 1/4"=1'-0" STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING ELEVATION SH4.2 06/14/2023 10 4 B.O.S. +42.50'± V.I.F. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " 0' SCALE: 1'5'10' 1/4"=1'-0" 1PARTIAL SHORING ELEVATION 1/4"=1'-0" SHORING NOTES: 1. FOR SHORING NOTES REFER TO SHEET SH3.1. ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' OU T S I D E FO L D L I N E OU T S I D E FO L D L I N E IN S I D E FO L D L I N E E.G. +44.500'± V.I.F.E.G. +44.00'± V.I.F.E.G. +44.00'± V.I.F.B.O.S. +42.50'± V.I.F. 110 111 112 113 114 115 1169910010110210310410510610710810995969798 W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " 2PARTIAL SHORING ELEVATION 1/4"=1'-0" W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " 6'- 0 " 10 ' - 0 " 81 KIPS / 15'-0" / 20° 54 KIPS / 15'-0" / 15° W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " 6'- 0 " 10 ' - 0 " STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING ELEVATION SH4.3 06/14/2023 10 5 OU T S I D E FO L D L I N E IN S I D E FO L D L I N E E.G. +42.00'± V.I.F.E.G. +42.00'± V.I.F. B.O.S. +41.50'± V.I.F. B.O.S. +40.50'± V.I.F. 136135134133132116117118119120121122131130129128127126125124123 W1 8 x 3 5 x 3 2 ' - 6 " 112 KIPS / 15'-0" / 20° 7'- 0 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " 114.5 KIPS / 15'-0" / 20° 7'- 0 " W1 8 x 3 5 x 3 4 ' - 0 " W1 8 x 3 5 x 3 4 ' - 0 " W1 8 x 3 5 x 3 4 ' - 0 " W1 8 x 3 5 x 3 4 ' - 0 " W1 8 x 3 5 x 3 4 ' - 0 " W2 1 x 4 4 x 4 0 ' - 0 " 7'- 0 " 0' SCALE: 1'5'10' 1/4"=1'-0" 1PARTIAL SHORING ELEVATION 1/4"=1'-0" SHORING NOTES: 1. FOR SHORING NOTES REFER TO SHEET SH3.1. W1 6 x 3 1 x 2 8 ' - 0 " 6'- 0 " 10 ' - 0 " 81 KIPS / 15'-0" / 20° 54 KIPS / 15'-0" / 15° W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " W1 6 x 3 1 x 2 8 ' - 0 " ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' ELEV. +40.00' ELEV. +30.00' ELEV. +20.00' ELEV. +10.00' OU T S I D E FO L D L I N E OU T S I D E FO L D L I N E IN S I D E FO L D L I N E OU T S I D E FO L D L I N E IN S I D E FO L D L I N E E.G. +42.00'± V.I.F. E.G. +41.00'± V.I.F.E.G. +41.00'± V.I.F. E.G. +40.00'± V.I.F. B.O.S. +39.50'± V.I.F. B.O.S. +38.50'± V.I.F. B.O.E. +17.32'± V.I.F.B.O.E. +18.15'± V.I.F. 148147146145144143142141140139138137136 W1 8 x 3 5 x 3 0 ' - 6 " 105 KIPS / 15'-0" / 20° 6'- 0 " W1 8 x 3 5 x 3 2 ' - 6 " W1 8 x 3 5 x 3 2 ' - 6 " 112 KIPS / 15'-0" / 20° 7'- 0 " W2 1 x 4 4 x 4 0 ' - 0 " 123 KIPS / 15'-0" / 20° 7'- 0 " W1 8 x 4 0 x 3 7 ' - 6 " 119.5 KIPS / 15'-0" / 20° 7'- 0 " W2 1 x 4 4 x 4 0 ' - 0 " W2 1 x 4 4 x 4 0 ' - 0 " W2 1 x 4 4 x 4 0 ' - 0 " W1 8 x 4 0 x 3 7 ' - 6 " W1 8 x 4 0 x 3 7 ' - 6 " W1 8 x 4 0 x 3 7 ' - 6 " 2PARTIAL SHORING ELEVATION 1/4"=1'-0" W1 8 x 3 5 x 3 0 ' - 6 " W1 8 x 3 5 x 3 0 ' - 6 " STRUCTURAL ENGINEER STAMP ISSUE / REVISION SCALE S.E.R. DESIGN DRAWN PROJECT No. DRAWING TITLE No. DESCRIPTION DATE 1300-B Old Bayshore Highway San Jose, CA 95070 TEL: 650.302.0542 www.ASEsoil.com 41 0 N O O R A V E N U E SO U T H S A N F R A N C I S C O , C A 9 4 0 8 0 SY R E S - 4 1 0 N O O R - B U I L D I N G B TE M P O R A R Y S H O R I N G PERMIT DRAWINGS 11/09/2022 REVISION 01/09/20231 REVISION 01/26/2023 2 REVISION 03/17/20233 REVISION 04/10/20234 REVISION 06/07/20235 DATE SIGNED 06/07/2023 AS NOTED IF PRINT SIZE IS 30"x42" 21030 BGC BGC BGC All drawings and written material appearing herein constitute the original and unpublished work of theAmerican Subsurface Engineering and the same may not be duplicated, used or disclosed withoutthe written consent of the American Subsurface Engineering. SHORING CONTRACTOR 1300 Old Bayshore HighwaySan Jose, CA 95112 TEL: 408.795.1700 www.amdrill.com PROJECT NAME / LOCATION REVISION 06/14/20236 PARTIAL SHORING ELEVATION SH4.4 5 06/14/2023 10 6 0++' ( )/'/-0/0-' '0'/$*). !*- 0$'$)"ћќ (+*--4#*-$)" ЦУТ**-1 )0 *0/#)-)$.*яЫЦТЪТ  -($/0($//'  1$.$*)Чѥ 0) ЩяФТФХ '$ )/ѐ ( -$)-$''$)"я )ю - +- 4ѐ УХТТѣ '4.#*-  $"#24 ) *. яЫЧУУФ  'ѐШЧТюХТФюТЧЦФ 222ю.*$'ю*( -*% / *юѐФУТХТТ 107 Bl d g B . T i e b a c k D e p t h A l o n g H u n t i n g t o n A v e . So l d i e r P i l e # Di s t a n c e f r o m f a c e o f Sh o r i n g t o P L Ex i s t i n g Gr a d e Fi n i s h Gr a d e PL t o T o p o f Ti e b a c k PL t o C e n t e r of T i e b a c k Ti e b a c k An g l e Ti e b a c k Po c k e t E l e v . De p t h o f Ti e b a c k To p o f S o l d i e r Pi l e E l e v . Ac t u a l T o p o f So l d i e r P i l e El e v . Ac t u a l Ti e b a c k C L El e v . Ti e b a c k An g l e Ac t u a l Ti e b a c k E l e v . @ P L De l t a f r o m F . G . to T o p o f Ti e b a c k 1 25 . 6 0 f t 3 7 . 7 4 f t 3 7 . 0 3 f t 17 . 0 3 f t 1 6 . 6 6 f t 25 28 . 6 0 f t 6 . 0 0 f t 3 4 . 6 0 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 9 3 f t 2 0 . 1 0 f t 2 25 . 6 9 f t 3 7 . 7 9 f t 3 7 . 1 4 f t 17 . 1 4 f t 1 6 . 7 7 f t 25 28 . 7 5 f t 6 . 0 0 f t 3 4 . 7 5 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 8 9 f t 2 0 . 2 5 f t 3 25 . 7 3 f t 3 7 . 9 3 f t 3 7 . 2 5 f t 17 . 2 5 f t 1 6 . 8 8 f t 25 28 . 8 8 f t 6 . 0 0 f t 3 4 . 8 8 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 8 7 f t 2 0 . 3 8 f t 4 25 . 7 3 f t 3 8 . 0 8 f t 3 7 . 3 7 f t 17 . 3 7 f t 1 7 . 0 0 f t 25 29 . 0 0 f t 6 . 0 0 f t 3 5 . 0 0 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 8 7 f t 2 0 . 5 0 f t 5 25 . 6 7 f t 3 8 . 0 9 f t 3 7 . 4 8 f t 17 . 4 8 f t 1 7 . 1 1 f t 25 29 . 0 8 f t 6 . 0 0 f t 3 5 . 0 8 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 9 0 f t 2 0 . 5 8 f t 6 25 . 5 6 f t 3 8 . 2 1 f t 3 7 . 5 9 f t 17 . 5 9 f t 1 7 . 2 2 f t 25 29 . 1 4 f t 6 . 0 0 f t 3 5 . 1 4 f t 34 . 5 0 f t 28 . 5 0 f t 25 16 . 9 5 f t 2 0 . 6 4 f t 7 25 . 4 2 f t 3 8 . 4 8 f t 3 7 . 7 1 f t 17 . 7 1 f t 1 7 . 3 4 f t 25 29 . 1 9 f t 6 . 0 0 f t 3 5 . 1 9 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 5 2 f t 2 0 . 1 9 f t 8 25 . 2 7 f t 3 8 . 5 7 f t 3 7 . 7 9 f t 17 . 7 9 f t 1 7 . 4 2 f t 25 29 . 2 1 f t 6 . 0 0 f t 3 5 . 2 1 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 5 8 f t 2 0 . 2 1 f t 9 25 . 1 3 f t 3 8 . 6 6 f t 3 7 . 8 8 f t 17 . 8 8 f t 1 7 . 5 1 f t 25 29 . 2 3 f t 6 . 0 0 f t 3 5 . 2 3 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 6 5 f t 2 0 . 2 3 f t 10 24 . 9 8 f t 3 8 . 7 0 f t 3 7 . 9 6 f t 17 . 9 6 f t 1 7 . 5 9 f t 25 29 . 2 4 f t 6 . 0 0 f t 3 5 . 2 4 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 7 2 f t 2 0 . 2 4 f t 11 24 . 8 3 f t 3 8 . 8 1 f t 3 8 . 0 4 f t 18 . 0 4 f t 1 7 . 6 7 f t 25 29 . 2 5 f t 6 . 0 0 f t 3 5 . 2 5 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 7 9 f t 2 0 . 2 5 f t 12 24 . 6 9 f t 3 8 . 9 0 f t 3 8 . 1 2 f t 18 . 1 2 f t 1 7 . 7 5 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 8 6 f t 2 0 . 2 6 f t 13 24 . 5 2 f t 3 8 . 9 3 f t 3 8 . 1 9 f t 18 . 1 9 f t 1 7 . 8 2 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 17 . 9 3 f t 2 0 . 2 6 f t 14 24 . 3 8 f t 3 9 . 0 5 f t 3 8 . 2 7 f t 18 . 2 7 f t 1 7 . 9 0 f t 25 29 . 2 7 f t 6 . 0 0 f t 3 5 . 2 7 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 0 0 f t 2 0 . 2 7 f t 15 24 . 2 3 f t 3 9 . 0 9 f t 3 8 . 3 3 f t 18 . 3 3 f t 1 7 . 9 6 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 0 7 f t 2 0 . 2 6 f t 16 24 . 0 8 f t 3 9 . 0 7 f t 3 8 . 4 0 f t 18 . 4 0 f t 1 8 . 0 3 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 1 4 f t 2 0 . 2 6 f t 17 23 . 9 4 f t 3 9 . 2 0 f t 3 8 . 4 6 f t 18 . 4 6 f t 1 8 . 0 9 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 2 0 f t 2 0 . 2 6 f t 18 23 . 7 9 f t 3 9 . 2 1 f t 3 8 . 5 2 f t 18 . 5 2 f t 1 8 . 1 5 f t 25 29 . 2 5 f t 6 . 0 0 f t 3 5 . 2 5 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 2 7 f t 2 0 . 2 5 f t 19 23 . 6 5 f t 3 9 . 3 9 f t 3 8 . 6 0 f t 18 . 6 0 f t 1 8 . 2 3 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 3 4 f t 2 0 . 2 6 f t 20 23 . 5 0 f t 3 9 . 4 8 f t 3 8 . 6 7 f t 18 . 6 7 f t 1 8 . 3 0 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 4 1 f t 2 0 . 2 6 f t 21 23 . 3 5 f t 3 9 . 5 9 f t 3 8 . 7 5 f t 18 . 7 5 f t 1 8 . 3 8 f t 25 29 . 2 7 f t 6 . 0 0 f t 3 5 . 2 7 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 4 8 f t 2 0 . 2 7 f t 22 23 . 2 1 f t 3 9 . 4 9 f t 3 8 . 8 1 f t 18 . 8 1 f t 1 8 . 4 4 f t 25 29 . 2 7 f t 6 . 0 0 f t 3 5 . 2 7 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 5 4 f t 2 0 . 2 7 f t 23 23 . 0 6 f t 3 9 . 5 8 f t 3 8 . 8 7 f t 18 . 8 7 f t 1 8 . 5 0 f t 25 29 . 2 6 f t 6 . 0 0 f t 3 5 . 2 6 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 6 1 f t 2 0 . 2 6 f t 24 22 . 9 2 f t 3 9 . 5 8 f t 3 8 . 9 3 f t 18 . 9 3 f t 1 8 . 5 6 f t 25 29 . 2 5 f t 6 . 0 0 f t 3 5 . 2 5 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 6 8 f t 2 0 . 2 5 f t 25 22 . 7 5 f t 3 9 . 6 0 f t 3 8 . 9 9 f t 18 . 9 9 f t 1 8 . 6 2 f t 25 29 . 2 3 f t 6 . 0 0 f t 3 5 . 2 3 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 7 6 f t 2 0 . 2 3 f t 26 22 . 6 0 f t 3 9 . 6 4 f t 3 9 . 0 6 f t 19 . 0 6 f t 1 8 . 6 9 f t 25 29 . 2 3 f t 6 . 0 0 f t 3 5 . 2 3 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 8 3 f t 2 0 . 2 3 f t 27 22 . 4 6 f t 3 9 . 6 9 f t 3 9 . 1 3 f t 19 . 1 3 f t 1 8 . 7 6 f t 25 29 . 2 4 f t 6 . 0 0 f t 3 5 . 2 4 f t 35 . 0 0 f t 29 . 0 0 f t 25 18 . 8 9 f t 2 0 . 2 4 f t Y: \ B o x S y n c \ A m e r i c a n S u b s u r f a c e E n g i n e e r i n g \ A S E P r o j e c t s \ 2 1 0 3 0 4 1 0 N o o r A v e S h o r i n g \ C a l c u l a t i o n s \ B l d g B \ 2 1 0 3 0 T o p o f S o l d i e r P i le . x l s x PAGE NO: S 122/ R5 DATE: 06/07/2023 BY: BGC 10 8 41 0 N o o r A v e - T e m p o r a r y S h o r i n g Re s t r a i n e d P r e s s u r e = Pe r E q . B e l o w Hi n g e P o i n t , f t . = 0. 6 H 1 Pa s s i v e P r e s s u r e A W = 29 0 p c f Ac t i v e T o e P r e s s . A W = 35 p c f Pa s s i v e P r e s s u r e B W = 14 0 p c f Ac t i v e T o e P r e s s . B W = 18 p c f Ac t i v e P r e s s u r e = 38 p c f De s i g n N o t e s 1. C o n s t r u c t i o n s u r c h a r g e d o e s n o t a c t s i m u l t a n e o u s l y w i t h o t h e r s u r c h a r g e s , a n d i t d o e s n o t g o v e r n t h e d e s i g n o f a n y o f t h e p i le s f o r t h i s p r o j e c t . 2. M i n i m u m e m b e d m e n t i s m u l t i p l i e d b y 1 . 2 f o r a l l c a s e s an d b y a n a d d i t i o n a l 1 . 4 w h e r e t r a i n s u r c h a r g e o c c u r s . F i n a l e m b e d m e n t s a r e r o u n d e d u p t o n e a r e s t 3 " i n c r e m e n t . 3. A B d e n o t e s " A b o v e W a t e r " , B W d e n o t e s " B e l o w W a t e r " . So l d i e r P i l e L o a d i n g Pi l e s Sh o r i n g C u t He i g h t , H Sl o p e C u t He i g h t Pi l e S p a c i n g , S Nu m b e r o f Ti e B a c k Ro w s H1 H2 Hn+ 1 Re s t r a i n e d Pr e s s u r e , P Ac t i v e T o e Pr e s s u r e 38 p c f Ac t i v e T o e Pr e s s u r e 35 p c f Ac t i v e T o e Pr e s s u r e 18 p c f Pa s s i v e Pr e s s u r e 29 0 p c f Pa s s i v e Pr e s s u r e 14 0 p c f Sl o p e Su r c h a r g e Ac t i n g o n De p t h : Co n s t r . Su r c h a r g e Ac t i n g o n De p t h : He a v y Su r c h a r g e Ac t i n g o n De p t h : 7 13 . 0 0 4. 7 5 7 1 6 0 7 42 7 49 4 p s f 10 5 p s f 54 p s f 87 0 p s f 42 0 p s f 18 0 . 5 13 10 0 p s f 10 - - 7H 13 . 0 0 4. 7 5 7 1 6 0 7 42 7 49 4 p s f 10 5 p s f 54 p s f 87 0 p s f 42 0 p s f 18 0 . 5 13 - - 69 6 p s f 13 . 0 0 De m a n d s & T i e B a c k D e s i g n s Pi l e s Sh o r i n g C u t He i g h t , H Mi n . S h o r i n g Em b e d m e n t , d0 Ac t u a l Em b e d m e n t To t a l P i l e Le n g t h V @ T B M @ T B Re a c t i o n @ T B Mm a x TB A n g l e (d e g ) TB L o a d TB T e s t Lo a d Un b o n d e d TB L e n g t h Es t i m a t e d TB B o n d Le n g t h Es t i m a t e d To t a l T B Le n g t h Nu m b e r o f St r a n d s Mi n i m u m El o n g a t i o n SP De f l e c t i o n To p SP De f l e c t i o n Mi d d l e 7 13 . 0 0 6 8. 5 21 . 5 0 24 . 3 3 5 63 . 3 2 48 . 5 7 4 63 . 3 2 25 53 . 6 67 . 0 6. 3 9 19 . 1 4 34 . 1 2 0. 9 2 0. 3 2 4 0. 0 3 4 7H 13 . 0 0 6 8. 5 21 . 5 0 51 . 5 7 8 13 8 . 4 1 6 10 0 . 9 4 5 13 8 . 4 1 6 25 11 1 . 4 13 9 . 2 6. 3 9 39 . 7 8 54 . 8 4 0. 9 6 0. 3 9 9 0. 0 2 4 So l d i e r P i l e C a p a c i t i e s & F i t m e n t Pi l e s Pi l e S i z e ZX (i n 3) MN/Ω (k - f t ) DC R a t i o Pi l e Di a m e t e r (i n ) Pi l e De p t h (i n ) Pi l e Wi d t h (i n ) Cl e a r a n c e (i n ) 7 W1 6 x 2 6 44 . 2 11 0 . 3 0. 5 7 4 30 15 . 7 5. 5 6. 6 8 Pi l e s 1 - 9 , 1 1 - 2 8 7H W1 8 x 3 5 66 . 5 16 5 . 9 0. 8 3 4 30 17 . 7 6 5. 6 6 Pi l e s 1 0 - 1 8 Y: \ B o x S y n c \ A m e r i c a n S u b s u r f a c e E n g i n e e r i n g \ A S E P r o j e c t s \ 2 1 0 3 0 4 1 0 N o o r A v e S h o r i n g \ C a l c u l a t i o n s \ B l d g B \ S h o r i n g L o a d i n g R e s t r a i ne d V 2 . 1 0 R e v 5 . x l s x Pa g e 1 o f 1 PAGE NO: S 123/ R5 DATE: 06/07/2023 BY: BGC 10 9 SURCHARGE: BOUSSINESQ EQUATION FOR A POINT LOAD (NAVFAC DM-7.2 - CHAP 3, FIG. 11) Centerline of Support to face of shoring/ Wall (X) = 6.0 ft. Surcharge Point Load (QP) =120,000 lb. Shoring/ Wall Cut Height (H) = 13.0 ft. d VH VH, Total d = depth below existing grade (feet)(psf)(psf)VH = lateral surcharge from point load 1 151 151 870 psf VH,MAX 2 478 478 4.00 ft. VH,MAX at Depth 3 755 755 696 psf VH,Simple = 0.8PS 4 870 870 5 842 842 6 738 738 7 610 610 8 489 489 9 387 387 10 304 304 11 239 239 12 189 189 13 150 150 14 120 120 15 97 97 16 79 79 17 64 64 18 53 53 19 44 44 20 37 37 21 31 31 22 26 26 23 22 22 24 19 19 25 17 17 26 14 14 27 12 12 28 11 11 29 10 10 30 8 8 31 7 7 32 7 7 33 6 6 34 5 5 35 5 5 36 4 4 37 4 4 38 3 3 39 3 3 40 3 3 41 3 3 42 2 2 43 2 2 44 2 2 45 2 2 46 2 2 47 1 1 48 1 1 49 1 1 50 1 1 0 5 10 15 20 25 30 35 40 45 50 0 200 400 600 800 1000 De p t h B e l o w E x i s t i n g G r a d e ( f t . ) Lateral Surcharge Pressure (psf) Surcharge Loading Simplified Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\13 Cut Boussinesq Heavy Surcharge Loading V 3.4 - Copy.xlsx Page 1 of 2 PAGE NO: S 124/ R5 DATE: 06/07/2023 BY: BGC 110 For m ≤ 0.4: For m > 0.4: ߪ௛ ൌͲǤʹͺܳ௣ ܪଶ ݊ଶ ͲǤͳ͸ ൅ ݊ଶ ଷ ߪ௛ ൌͳǤ͹͹ܳ௣ ܪଶ ݉ଶ ݊ଶ ݉ଶ ൅ ݊ଶଷ Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\13 Cut Boussinesq Heavy Surcharge Loading V 3.4 - Copy.xlsx Page 2 of 2 PAGE NO: S 125/ R5 DATE: 06/07/2023 BY: BGC 111 Tieback Pocket Design Note:XX Indicates input data Soldier Pile Number:TB Row:1 Pile Diameter =30.00 in.Soldier Pile Section =W16x26 Temporary Retained Height =13.00 ft.Fy Section =50 ksi Drilled Depth of Tieback =6.0 ft.Max. Shear at TB =24.34 kips Tieback Reaction =48.6 kips Moment at TB =63.32 k-ft Tieback Angle =25°Max. Pile Moment =63.32 k-ft MP/ : =110.3 k-ft DC Ratio = 0.574 A = 7.68 in² d = 15.7 in bF =5.5 in Cw = 565 in⁶ tF =0.345 in tW =0.25 in j = 0.262 in⁴ K1 =0.75 in KDESIGN =0.747 in c = 1 SX =38.4 in³ZX =44.2 in³ho =15.40 in⁴ IX =301 in⁴Iy =9.59 in⁴ X1 = bf-((bf/2)+K1) =2.00 in Flange Area Removed (AFR) = tf*X1 =0.69 in² Number of Flanges Cut (NF) =2 Replacement Plate Area (AAREA) =2.00 in² AP > Flane Area Removed Plate Thickness, AT =0.50 in Plate Width, AW =4.0 in Fy Plate =36 ksi # of Replacement Plates (AP) =2 Icomposite =473.98 in⁴ M*YTOP/ICOMPOSITE =13.39 ksi ** SECTION ADEQUATE M*YBOTTOM/ICOMPOSITE =-12.83 ksi ** SECTION ADEQUATE Allowable FB/:b =29.94 ksi Atotal =10.2 in²in.2 ½ Atotal =5.08 in.² 8.35 in n bn hn yn An dn In An(d2) 1 4.0 0.500 16.450 2.000 8.17 16.200 -0.771 0.000 8.1000 0.0417 131.220 131.26 2 3.5 0.345 16.028 1.208 6.96 15.855 -0.536 0.000 7.6775 0.0120 71.175 71.19 3 0.25 15.01 8.350 3.753 3.21 0.845 7.505 8.350 0.0000 70.4532 0.000 70.45 4 4.0 0.500 0.595 2.000 1.21 0.345 0.969 0.000 -7.7550 0.0417 120.280 120.32 5 3.5 0.345 0.173 1.208 0.00 0.000 1.453 0.000 -8.1775 0.0120 80.747 80.76 Shear Flow Analysis 9.98 kips/ft. 3.71 kips/in. :W =2.00 QW_TOP = An*YTOP =16.20 in.3 Weld Size =4/16 in.Req'd Total LW =2.69 in./ft. QW_BOTTOM = An*YBOTTOM =-15.51 in.3 Req'd LW Per Side=1.34 in./ft. Flange Replacement Plate Capacity - Compression Capacity - Welds to be Staggered Weld Length/ 6" =3.0 in. Distance Between Welds = 3.0 in. :C =1.67 ry = 0.1443 in. KL/ry = 20.78 <=25, Acceptable to Use (J4-6) Pn/:C = FY/:C*Ag =43.11 kips (J4-6) FCR/:C =21.07 ksi (E3-2/ E3-3)FE =662.5 ksi (E3-4)Pn/:C = FCR/:C*Ag =NA kips (E3-1) PTOP PLATE =25.97 kips PBOTTOM PLATE =24.86 kips Flange Replacement Plate Capacity - Tension Capacity - Welds to be Staggered Length of Connection = 24 in. Plate Width = 4 in. U = 1 FU Plate =58 ksi Ag =2.0 in.2 Ae =2.0 in.2 :T =1.67 (J4-1) :T =2.00 (J4-2) Pn/:T = FY/:T*Ag =43.11 kips (J4-1):(D2-1) Pn/:T = FU/:T*Ae =58.00 kips (J4-2):(D2-2) Group 7 Pile Adequate ** PLATES ADEQAUTE ** PLATES ADEQAUTE ݍ ൌ ܸܳௐ ܫ஼ ൌ ܴே :ௐ ൌ ܨௐ ܣௐ :ௐ ൌ ෍ ܣ݅ ௡ିଵ ௜ୀଵ ܻത = ݕതn ෍ ܫ݅ ௡ାଵ ௜ ୀଵ ෍ ݄݅ ௡ିଵ ௜ୀଵ ݄തn Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design V 5.2.xlsx Page 1 of 3 PAGE NO: S 126/ R5 DATE: 06/07/2023 BY: BGC 112 Area Prestressing Steel, APS =0.217 in.2 Minimum Number of Strands Required = 2.0 @ 25° Minimum Ultimate Strength, FPU =270 ksi 2.0 @ 25° Tieback Horizontal Reaction =48.57 kips Use Angle:25° Tieback Angle =15 20 25 degrees Ultimate - FPU*APS =58.6 kips @ 0.60 FPU*APS =70.3 kips Tieback Design Load = 50.29 51.69 53.60 kips 0.80 FPU*APS =46.9 kips @ 0.80 FPU*APS =93.7 kips Test Load Factor = 1.25 1.25 1.25 0.70 FPU*APS =41.0 kips Tieback Design Test Load =62.86 64.61 66.99 kips 0.60 FPU*APS =35.2 kips Theoretical Elongation, ' =(PTest Load * LUnbonded)/ (NStrand * APS * E)Modulus of Elasticity, E = 29,000 ksi Theoretical Elongation, ' =1.15 in.Unbonded Length = 15.00 ft.Minimum 15'-0" for Strand Min. Theoretical Elongation, 'MIN =0.80'Minimun Stressing Tail Length =3 ft. Min. Theoretical Elongation, 'MIN = 0.92 in.Total Unbonded Length, LUnbonded =18.0 ft. NStrand =Minimum Number of Strands Required Threaded Bar Grade =75 ksi Threaded Bar ID =10 Minimum Yield Strength, FY =75.00 ksi Threaded Bar Diameter =1.25 in.Minimum Ultimate Strength, FPU =97.00 ksi Area Threaded Bar, ATB =1.25 in.2 Tieback Capacity Theoretical Elongation, ' =(PTest Load * LUnbonded)/ (ATB * E) Test Load = 66.99 kips Unbonded Length = 10.00 ft.Minimum 10'-0" for Bar Item 2 & 3 Only @ 0.90 FY*ATB =84.4 kips > Test Load - OK Minimun Stressing Tail Length =1 ft. Item 4 Only @ 0.80 FY*ATB =75.0 kips > Test Load - OK Total Unbonded Length, LUnbonded =11.0 ft. Item 5 Only @ 0.70 FY*ATB =65.6 kips Check Theoretical Elongation, ' =0.24 in. Min. Theoretical Elongation, 0.80', 'MIN = 0.20 in.Plate Yield Stress =50 ksi Min. Bearing Plate Thickness =0.68 in. Plate Width =5.25 in Threaded bar anchors shall conform to the following: 1. 2. 3. 4. 5. ** Strand Anchors utilize 0.6" dia. 7-wire, Low Relaxation 270 KSI Strand conforming to ASTM A-416 (bare strand) - TB Design Load/ 0.60 FPU*APS - TB Test Load/ 0.80 FPU*APS Tieback CapacityPrestressing Force Per Strand Threaded bars by SAS Stressteel or approved equal. ** Threaded Bar Grade 75/ 80 threaded bars shall corm to ASTM A615 and shall have a minimum yield strength of 75 ksi and an ultimate strength of 97 ksi and may be proof tested to 90% of yield. Grade 97 threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 95 ksi and an ultimate strength of 116 ksi and may be proof tested to 90% of yield. Grade 150, ¾” to 1⅞” diameter threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 137 ksi and an ultimate strength of 150 ksi and may be proof tested to 80% of yield. Grade 150, 2¼” to 3” diameter threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 137 ksi and an ultimate strength of 150 ksi and may be proof tested to 70% of yield. Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design V 5.2.xlsx Page 2 of 3 PAGE NO: S 127/ R5 DATE: 06/07/2023 BY: BGC 113 TB Load on EA. Stiffener Plate = 33.5 kips 3.71 kips/in. Weld Size, C =4/16 in. Minimum Weld Length Req.'d = 9.0 in. :W =2.00 Actual Weld Length =18.2 in. Stiffener Plate Weld Capacity =67.6 kips Stiffener Plate Design Plate Thickness, PT =3/8 in. ry =0.1083 in. Plate Width, PW =2.625 in. KL/ry =90.13 d 4.71(E/FY)1/2 =133.7 Plate Length, LP =15.01 in. Fe = π2E/(KL/rY)2 =35.2 ksi Fy Plate =36 ksi FCR =23.5 ksi :C =1.67 Pn/:C = FCR/:C*Ag =13.84 kips (E3-1) Web Local Yielding, J10.2 Web Crippling, J10.3 Rn/: =64.46 Kips (J10-2) Rn/: =52.04 Kips (J10-4) : =1.50 : =2.00 Σ Stiffener Plate Capacity =78.30 kips Σ Stiffener Plate Capacity =65.87 kips Determine Minimum Tieback Unbonded Length Retained Shoring Height =13.00 ft. Depth of Tieback =6.0 ft. Theoretical Failure Angle, D =30 deg. Horizontal Offset, 0.2*H =2.6 ft. Tieback Unbonded Length =6.38 ft.Use MinImum 15'-Strand, 10'-Bar Determine Minimum Tieback Bond Length Determine Vertical Tieback Force Resultant Embedment Allowable Skin Friction Post-Grouted =1,671 psf Allowable Bearing Presure =0 psf From Geotechnical Report Tieback Drill Shaft Diameter = 8 in.Vibrated Pile Perimeter =Drilled Pier Pile Diameter =30 in. TB Load = 67.0 kips Allowable Skin Resistance =750 psf Provided By Geothechical Engineer Estimated Tieback Bond Length =19.14 ft.Allow. Skin Resistance From Geotech. Eng. =750 psf Estimated Tieback Total Length =34.1 ft.Strand Min. Required Embedment = Estimated Tieback Total Length =29.1 ft.Threaded Bar (TB1*sin(incl))/SF_ALLOW *p*b =3.85 ft.CHECK AGAINST PILE EMBEDMENT ** Connection Weld is Adequate ** Stiffener Plate Size is Adequate** Stiffener Plate Size is Adequate ܴே :ௐ ൌ ܨௐ ܣௐ :ௐ ൌ Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design V 5.2.xlsx Page 3 of 3 PAGE NO: S 128/ R5 DATE: 06/07/2023 BY: BGC 114 American Subsurface Eng… BGC 13'-0" Cut 4'-9" Slope Restrained Std. Surcharge SK-1 13 Cut 4.75 Slope Restraine… PAGE NO: S 129/ R5 DATE: 06/07/2023 BY: BGC 115 American Subsurface Eng… BGC 13'-0" Cut 4'-9" Slope Restrained Std. Surcharge SK-2 13 Cut 4.75 Slope Restraine… PAGE NO: S 130/ R5 DATE: 06/07/2023 BY: BGC 116 American Subsurface Eng… BGC 13'-0" Cut 4'-9" Slope Restrained Std. Surcharge SK-3 13 Cut 4.75 Slope Restraine… PAGE NO: S 131/ R5 DATE: 06/07/2023 BY: BGC 117 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Std. … Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H.r3d ] Page 1 Hot Rolled Steel Properties Label E [ksi] G [ksi] Nu Therm. Coeff. [1e⁵°F⁻¹] Density [k/ft³] Yield [ksi] Ry Fu [ksi] Rt 1 A992 29000 11154 0.3 0.65 0.49 50 1.1 65 1.1 2 A36 Gr.36 29000 11154 0.3 0.65 0.49 36 1.5 58 1.2 3 A572 Gr.50 29000 11154 0.3 0.65 0.49 50 1.1 65 1.1 4 A500 Gr.B RND 29000 11154 0.3 0.65 0.527 42 1.4 58 1.3 5 A500 Gr.B Rect 29000 11154 0.3 0.65 0.527 46 1.4 58 1.3 6 A53 Gr.B 29000 11154 0.3 0.65 0.49 35 1.6 60 1.2 7 A1085 29000 11154 0.3 0.65 0.49 50 1.25 65 1.15 8 A913 Gr.65 29000 11154 0.3 0.65 0.49 65 1.1 80 1.1 Hot Rolled Steel Section Sets Label Shape Type Design List Material Design Rule Area [in²] Iyy [in⁴] Izz [in⁴] J [in⁴] 1 SP1 W16X26 Column Wide Flange A992 Typical 7.68 9.59 301 0.262 Hot Rolled Steel Design Parameters Label Shape Length [ft] Lb y-y [ft] Lb z-z [ft] Lcomp top [ft] Lcomp bot [ft] K y-y K z-z Channel Conn. a [ft] Function 1 M1 SP1 6 1 1 Lbyy 1 2 2 N/A N/A Lateral 2 M2 SP1 7 1 1 Lbyy 1 1 1 N/A N/A Lateral 3 M3 SP1 6 1 1 Lbyy 1 1 1 N/A N/A Lateral Member Primary Data Label I Node J Node Section/Shape Type Design List Material Design Rule 1 M1 N1 N2 SP1 Column Wide Flange A992 Typical 2 M2 N2 N3 SP1 Column Wide Flange A992 Typical 3 M3 N3 N4 SP1 Column Wide Flange A992 Typical Node Coordinates Label X [ft] Y [ft] Z [ft] Detach From Diaphragm 1 N1 0 13 0 2 N2 0 7 0 3 N3 0 0 0 4 N4 0 -6 0 Node Boundary Conditions Node Label X [k/in] Y [k/in] Z [k/in] X Rot [k-ft/rad] Y Rot [k-ft/rad] Z Rot [k-ft/rad] 1 N2 Reaction 2 N4 Reaction Reaction Reaction Reaction Reaction Reaction Member Distributed Loads (BLC 1 : Active 23H) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M1 X 0 0.427 0 3.6 2 M1 X 0.427 0.427 3.6 %100 3 M2 X 0.427 0.427 0 2.8 4 M2 X 0.427 0 2.8 %100 PAGE NO: S 132/ R5 DATE: 06/07/2023 BY: BGC 118 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Std. … Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H.r3d ] Page 2 Member Distributed Loads (BLC 2 : Surcharge) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M1 X 0.1 0.1 0 %100 2 M2 X 0.1 0.1 0 4 3 M1 X 0.18 0.18 0 %100 4 M2 X 0.18 0.18 0 %100 Member Distributed Loads (BLC 3 : Active Toe 35/ 38/ 105 / 18) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M3 X 0.494 0.494 0 %100 2 M3 X 0 0.105 0 3 3 M3 X 0.105 0.105 3 %100 4 M3 X 0 0.054 3 %100 Member Distributed Loads (BLC 4 : Passive 290/ 140) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M3 X 0 -0.87 0 3 2 M3 X -0.87 -0.87 3 %100 3 M3 X 0 -0.42 3 %100 Basic Load Cases BLC Description Category Distributed 1 Active 23H None 4 2 Surcharge None 4 3 Active Toe 35/ 38/ 105 / 18 None 4 4 Passive 290/ 140 None 3 Load Combinations Description Solve P-Delta BLC Factor BLC Factor BLC Factor BLC Factor 1 Restrained + surch + Toe - Passive Yes Y 1 7 2 7 3 2.5 4 7 Node Reactions LC Node Label X [k] Y [k] Z [k] MX [k-ft] MY [k-ft] MZ [k-ft] 1 1 N2 -48.574 0 0 0 0 0 2 1 N4 20.969 0 0 0 0 -27.809 3 1 Totals:-27.604 0 0 4 1 COG (ft):NC NC NC Member Section Forces LC Member Label Sec Axial[k] y Shear[k] z Shear[k] Torque[k-ft] y-y Moment[k-ft] z-z Moment[k-ft] 1 1 M1 1 0 0 0 0 0 0 2 2 0 -3.879 0 0 0 2.676 3 3 0 -9.627 0 0 0 12.572 4 4 0 -16.906 0 0 0 32.389 5 5 0 -24.335 0 0 0 63.32 6 1 M2 1 0 24.239 0 0 0 63.32 7 2 0 15.572 0 0 0 28.486 8 3 0 7.079 0 0 0 8.778 PAGE NO: S 133/ R5 DATE: 06/07/2023 BY: BGC 119 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Std. … Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H.r3d ] Page 3 Member Section Forces (Continued) LC Member Label Sec Axial[k] y Shear[k] z Shear[k] Torque[k-ft] y-y Moment[k-ft] z-z Moment[k-ft] 9 4 0 1.249 0 0 0 2.027 10 5 0 -2.052 0 0 0 3.047 11 1 M3 1 0 -2.052 0 0 0 3.047 12 2 0 -1.719 0 0 0 6.421 13 3 0 2.984 0 0 0 6.018 14 4 0 10.925 0 0 0 -4.151 15 5 0 20.969 0 0 0 -27.809 AISC 15TH (360-16): ASD Member Steel Code Checks LC Member Shape UC Max Loc[ft] Shear UC Loc[ft] Dir Pnc/om [k]Pnt/om [k] Mnyy/om [k-ft] Mnzz/om [k-ft] Cb Eqn 1 1 M1 W16X26 0.574 6 0.345 6 y 168.953 229.94 13.673 110.279 1 H1-1b 2 1 M2 W16X26 0.574 0 0.344 0 y 160.507 229.94 13.673 110.279 1 H1-1b 3 1 M3 W16X26 0.252 6 0.297 6 y 168.953 229.94 13.673 110.279 1 H1-1b Member Section Deflections - Strength LC Member Label Sec x [in] y [in] z [in] x Rotate[rad] (n) L/y' Ratio (n) L/z' Ratio 1 1 M1 1 0 -0.324 0 0 222 NC 2 2 0 -0.233 0 0 309 NC 3 3 0 -0.144 0 0 499 NC 4 4 0 -0.063 0 0 1146 NC 5 5 0 0 0 0 NC NC 6 1 M2 1 0 0 0 0 NC NC 7 2 0 0.028 0 0 3969 NC 8 3 0 0.034 0 0 4247 NC 9 4 0 0.032 0 0 7707 NC 10 5 0 0.028 0 0 NC NC 11 1 M3 1 0 0.028 0 0 NC NC 12 2 0 0.024 0 0 NC NC 13 3 0 0.017 0 0 NC NC 14 4 0 0.007 0 0 NC NC 15 5 0 0 0 0 NC NC PAGE NO: S 134/ R5 DATE: 06/07/2023 BY: BGC 120 Tieback Pocket Design Note:XX Indicates input data Soldier Pile Number:TB Row:1 Pile Diameter =30.00 in.Soldier Pile Section =W18x35 Temporary Retained Height =13.00 ft.Fy Section =50 ksi Drilled Depth of Tieback =6.0 ft.Max. Shear at TB =51.58 kips Tieback Reaction =100.9 kips Moment at TB =138.42 k-ft Tieback Angle =25°Max. Pile Moment =138.42 k-ft MP/ : =165.9 k-ft DC Ratio = 0.834 A = 10.30 in² d = 17.7 in bF =6.0 in Cw = 1,140 in⁶ tF =0.425 in tW =0.30 in j = 0.506 in⁴ K1 =0.75 in KDESIGN =0.827 in c = 1 SX =57.6 in³ZX =66.5 in³ho =17.30 in⁴ IX =510 in⁴Iy =15.30 in⁴ X1 = bf-((bf/2)+K1) =2.25 in Flange Area Removed (AFR) = tf*X1 =0.96 in² Number of Flanges Cut (NF) =2 Replacement Plate Area (AAREA) =2.81 in² AP > Flane Area Removed Plate Thickness, AT =0.63 in Plate Width, AW =4.5 in Fy Plate =36 ksi # of Replacement Plates (AP) =2 Icomposite =826.30 in⁴ M*YTOP/ICOMPOSITE =19.05 ksi ** SECTION ADEQUATE M*YBOTTOM/ICOMPOSITE =-18.19 ksi ** SECTION ADEQUATE Allowable FB/:b =29.94 ksi Atotal =13.9 in²in.2 ½ Atotal =6.93 in.² 9.48 in n bn hn yn An dn In An(d2) 1 4.5 0.625 18.638 2.813 11.06 18.325 -0.916 0.000 9.1625 0.0916 236.113 236.20 2 3.8 0.425 18.113 1.594 9.46 17.900 -0.674 0.000 8.6375 0.0240 118.904 118.93 3 0.3 16.85 9.475 5.055 4.41 1.050 8.425 9.475 0.0000 119.6024 0.000 119.60 4 4.5 0.625 0.738 2.813 1.59 0.425 1.187 0.000 -8.7375 0.0916 214.717 214.81 5 3.8 0.425 0.213 1.594 0.00 0.000 1.849 0.000 -9.2625 0.0240 136.734 136.76 Shear Flow Analysis 19.30 kips/ft. 3.71 kips/in. :W =2.00 QW_TOP = An*YTOP =25.77 in.3 Weld Size =4/16 in.Req'd Total LW =5.20 in./ft. QW_BOTTOM = An*YBOTTOM =-24.57 in.3 Req'd LW Per Side=2.60 in./ft. Flange Replacement Plate Capacity - Compression Capacity - Welds to be Staggered Weld Length/ 6" =3.0 in. Distance Between Welds = 3.0 in. :C =1.67 ry = 0.1804 in. KL/ry = 16.63 <=25, Acceptable to Use (J4-6) Pn/:C = FY/:C*Ag =60.63 kips (J4-6) FCR/:C =21.25 ksi (E3-2/ E3-3)FE =1035.2 ksi (E3-4)Pn/:C = FCR/:C*Ag =NA kips (E3-1) PTOP PLATE =51.80 kips PBOTTOM PLATE =49.40 kips Flange Replacement Plate Capacity - Tension Capacity - Welds to be Staggered Length of Connection = 24 in. Plate Width = 4.5 in. U = 1 FU Plate =58 ksi Ag =2.8 in.2 Ae =2.8 in.2 :T =1.67 (J4-1) :T =2.00 (J4-2) Pn/:T = FY/:T*Ag =60.63 kips (J4-1):(D2-1) Pn/:T = FU/:T*Ae =81.56 kips (J4-2):(D2-2) Group 7H Pile Adequate ** PLATES ADEQAUTE ** PLATES ADEQAUTE ݍ ൌ ܸܳௐ ܫ஼ ൌ ܴே :ௐ ൌ ܨௐ ܣௐ :ௐ ൌ ෍ ܣ݅ ௡ିଵ ௜ୀଵ ܻത = ݕതn ෍ ܫ݅ ௡ାଵ ௜ ୀଵ ෍ ݄݅ ௡ିଵ ௜ୀଵ ݄തn Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design Heavy V 5.2.xlsx Page 1 of 3 PAGE NO: S 135/ R5 DATE: 06/07/2023 BY: BGC 121 Area Prestressing Steel, APS =0.217 in.2 Minimum Number of Strands Required = 4.0 @ 25° Minimum Ultimate Strength, FPU =270 ksi 3.0 @ 25° Tieback Horizontal Reaction =100.95 kips Use Angle:25° Tieback Angle =15 20 25 degrees Ultimate - FPU*APS =58.6 kips @ 0.60 FPU*APS =140.6 kips Tieback Design Load = 104.51 107.42 111.38 kips 0.80 FPU*APS =46.9 kips @ 0.80 FPU*APS =187.5 kips Test Load Factor = 1.25 1.25 1.25 0.70 FPU*APS =41.0 kips Tieback Design Test Load =130.63 134.28 139.23 kips 0.60 FPU*APS =35.2 kips Theoretical Elongation, ' =(PTest Load * LUnbonded)/ (NStrand * APS * E)Modulus of Elasticity, E = 29,000 ksi Theoretical Elongation, ' =1.20 in.Unbonded Length = 15.00 ft.Minimum 15'-0" for Strand Min. Theoretical Elongation, 'MIN =0.80'Minimun Stressing Tail Length =3 ft. Min. Theoretical Elongation, 'MIN = 0.96 in.Total Unbonded Length, LUnbonded =18.0 ft. NStrand =Minimum Number of Strands Required Threaded Bar Grade =75 ksi Threaded Bar ID =14 Minimum Yield Strength, FY =75.00 ksi Threaded Bar Diameter =1.75 in.Minimum Ultimate Strength, FPU =97.00 ksi Area Threaded Bar, ATB =2.25 in.2 Tieback Capacity Theoretical Elongation, ' =(PTest Load * LUnbonded)/ (ATB * E) Test Load = 139.2 kips Unbonded Length = 10.00 ft.Minimum 10'-0" for Bar Item 2 & 3 Only @ 0.90 FY*ATB =151.9 kips > Test Load - OK Minimun Stressing Tail Length =1 ft. Item 4 Only @ 0.80 FY*ATB =135.0 kips Check Total Unbonded Length, LUnbonded =11.0 ft. Item 5 Only @ 0.70 FY*ATB =118.1 kips Check Theoretical Elongation, ' =0.28 in. Min. Theoretical Elongation, 0.80', 'MIN = 0.23 in.Plate Yield Stress =50 ksi Min. Bearing Plate Thickness =0.99 in. Plate Width =5.25 in Threaded bar anchors shall conform to the following: 1. 2. 3. 4. 5. ** Strand Anchors utilize 0.6" dia. 7-wire, Low Relaxation 270 KSI Strand conforming to ASTM A-416 (bare strand) - TB Design Load/ 0.60 FPU*APS - TB Test Load/ 0.80 FPU*APS Tieback CapacityPrestressing Force Per Strand Threaded bars by SAS Stressteel or approved equal. ** Threaded Bar Grade 75/ 80 threaded bars shall corm to ASTM A615 and shall have a minimum yield strength of 75 ksi and an ultimate strength of 97 ksi and may be proof tested to 90% of yield. Grade 97 threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 95 ksi and an ultimate strength of 116 ksi and may be proof tested to 90% of yield. Grade 150, ¾” to 1⅞” diameter threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 137 ksi and an ultimate strength of 150 ksi and may be proof tested to 80% of yield. Grade 150, 2¼” to 3” diameter threaded bars shall conform to ASTM A722 and shall have a minimum yield strength of 137 ksi and an ultimate strength of 150 ksi and may be proof tested to 70% of yield. Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design Heavy V 5.2.xlsx Page 2 of 3 PAGE NO: S 136/ R5 DATE: 06/07/2023 BY: BGC 122 TB Load on EA. Stiffener Plate = 69.6 kips 3.71 kips/in. Weld Size, C =4/16 in. Minimum Weld Length Req.'d = 18.8 in. :W =2.00 Actual Weld Length =20.5 in. Stiffener Plate Weld Capacity =76.3 kips Stiffener Plate Design Plate Thickness, PT =3/8 in. ry =0.1083 in. Plate Width, PW =2.85 in. KL/ry =101.17 d 4.71(E/FY)1/2 =133.7 Plate Length, LP =16.85 in. Fe = π2E/(KL/rY)2 =28.0 ksi Fy Plate =36 ksi FCR =21.0 ksi :C =1.67 Pn/:C = FCR/:C*Ag =13.44 kips (E3-1) Web Local Yielding, J10.2 Web Crippling, J10.3 Rn/: =81.35 Kips (J10-2) Rn/: =72.34 Kips (J10-4) : =1.50 : =2.00 Σ Stiffener Plate Capacity =94.79 kips Σ Stiffener Plate Capacity =85.78 kips Determine Minimum Tieback Unbonded Length Retained Shoring Height =13.00 ft. Depth of Tieback =6.0 ft. Theoretical Failure Angle, D =30 deg. Horizontal Offset, 0.2*H =2.6 ft. Tieback Unbonded Length =6.38 ft.Use MinImum 15'-Strand, 10'-Bar Determine Minimum Tieback Bond Length Determine Vertical Tieback Force Resultant Embedment Allowable Skin Friction Post-Grouted =1,671 psf Allowable Bearing Presure =0 psf From Geotechnical Report Tieback Drill Shaft Diameter = 8 in.Vibrated Pile Perimeter =Drilled Pier Pile Diameter =30 in. TB Load = 139.2 kips Allowable Skin Resistance =750 psf Provided By Geothechical Engineer Estimated Tieback Bond Length =39.78 ft.Allow. Skin Resistance From Geotech. Eng. =750 psf Estimated Tieback Total Length =54.8 ft.Strand Min. Required Embedment = Estimated Tieback Total Length =49.8 ft.Threaded Bar (TB1*sin(incl))/SF_ALLOW *p*b =7.99 ft.CHECK AGAINST PILE EMBEDMENT ** Connection Weld is Adequate ** Stiffener Plate Size is Adequate** Stiffener Plate Size is Adequate ܴே :ௐ ൌ ܨௐ ܣௐ :ௐ ൌ Y:\Box Sync\American Subsurface Engineering\ASE Projects\21030 410 Noor Ave Shoring\Calculations\Bldg B\W16 13 Cut 4.75 Slope 1R Tieback Pocket Design Heavy V 5.2.xlsx Page 3 of 3 PAGE NO: S 137/ R5 DATE: 06/07/2023 BY: BGC 123 American Subsurface En… BGC 13'-0" Cut 4'-9" Slope Restrained Heavy Sur… harge SK-1 13 Cut 4.75 Slope Restrain… PAGE NO: S 138/ R5 DATE: 06/07/2023 BY: BGC 124 American Subsurface En… BGC 13'-0" Cut 4'-9" Slope Restrained Heavy Sur… harge SK-2 13 Cut 4.75 Slope Restrain… PAGE NO: S 139/ R5 DATE: 06/07/2023 BY: BGC 125 American Subsurface En… BGC 13'-0" Cut 4'-9" Slope Restrained Heavy Sur… harge SK-3 13 Cut 4.75 Slope Restrain… PAGE NO: S 140/ R5 DATE: 06/07/2023 BY: BGC 126 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Hea… Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H Heav… Page 1 Hot Rolled Steel Properties Label E [ksi] G [ksi] Nu Therm. Coeff. [1e⁵°F⁻¹] Density [k/ft³] Yield [ksi] Ry Fu [ksi] Rt 1 A992 29000 11154 0.3 0.65 0.49 50 1.1 65 1.1 2 A36 Gr.36 29000 11154 0.3 0.65 0.49 36 1.5 58 1.2 3 A572 Gr.50 29000 11154 0.3 0.65 0.49 50 1.1 65 1.1 4 A500 Gr.B RND 29000 11154 0.3 0.65 0.527 42 1.4 58 1.3 5 A500 Gr.B Rect 29000 11154 0.3 0.65 0.527 46 1.4 58 1.3 6 A53 Gr.B 29000 11154 0.3 0.65 0.49 35 1.6 60 1.2 7 A1085 29000 11154 0.3 0.65 0.49 50 1.25 65 1.15 8 A913 Gr.65 29000 11154 0.3 0.65 0.49 65 1.1 80 1.1 Hot Rolled Steel Section Sets Label Shape Type Design List Material Design Rule Area [in²] Iyy [in⁴] Izz [in⁴] J [in⁴] 1 SP1 W18X35 Column Wide Flange A992 Typical 10.3 15.3 510 0.506 Hot Rolled Steel Design Parameters Label Shape Length [ft] Lb y-y [ft] Lb z-z [ft] Lcomp top [ft] Lcomp bot [ft] K y-y K z-z Channel Conn. a [ft] Function 1 M1 SP1 6 1 1 Lbyy 1 2 2 N/A N/A Lateral 2 M2 SP1 7 1 1 Lbyy 1 1 1 N/A N/A Lateral 3 M3 SP1 6 1 1 Lbyy 1 1 1 N/A N/A Lateral Member Primary Data Label I Node J Node Section/Shape Type Design List Material Design Rule 1 M1 N1 N2 SP1 Column Wide Flange A992 Typical 2 M2 N2 N3 SP1 Column Wide Flange A992 Typical 3 M3 N3 N4 SP1 Column Wide Flange A992 Typical Node Coordinates Label X [ft] Y [ft] Z [ft] Detach From Diaphragm 1 N1 0 13 0 2 N2 0 7 0 3 N3 0 0 0 4 N4 0 -6 0 Node Boundary Conditions Node Label X [k/in] Y [k/in] Z [k/in] X Rot [k-ft/rad] Y Rot [k-ft/rad] Z Rot [k-ft/rad] 1 N2 Reaction 2 N4 Reaction Reaction Reaction Reaction Reaction Reaction Member Distributed Loads (BLC 1 : Active 23H) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M1 X 0 0.427 0 3.6 2 M1 X 0.427 0.427 3.6 %100 3 M2 X 0.427 0.427 0 2.8 4 M2 X 0.427 0 2.8 %100 PAGE NO: S 141/ R5 DATE: 06/07/2023 BY: BGC 127 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Hea… Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H Heav… Page 2 Member Distributed Loads (BLC 2 : Surcharge) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M1 X 0.696 0.696 0 %100 2 M2 X 0.696 0.696 0 %100 3 M1 X 0.18 0.18 0 %100 4 M2 X 0.18 0.18 0 %100 Member Distributed Loads (BLC 3 : Active Toe 35/ 38/ 105 / 18) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M3 X 0.494 0.494 0 %100 2 M3 X 0 0.105 0 3 3 M3 X 0.105 0.105 3 %100 4 M3 X 0 0.054 3 %100 Member Distributed Loads (BLC 4 : Passive 290/ 140) Member LabelDirectionStart Magnitude [k/ft, F, ksf, k-ft/ft]End Magnitude [k/ft, F, ksf, k-ft/ft]Start Location [(ft, %)]End Location [(ft, %)] 1 M3 X 0 -0.87 0 3 2 M3 X -0.87 -0.87 3 %100 3 M3 X 0 -0.42 3 %100 Basic Load Cases BLC Description Category Distributed 1 Active 23H None 4 2 Surcharge None 4 3 Active Toe 35/ 38/ 105 / 18 None 4 4 Passive 290/ 140 None 3 Load Combinations Description Solve P-Delta BLC Factor BLC Factor BLC Factor BLC Factor 1 Restrained + surch + Toe - Passive Yes Y 1 7 2 7 3 2.5 4 7 Node Reactions LC Node Label X [k] Y [k] Z [k] MX [k-ft] MY [k-ft] MZ [k-ft] 1 1 N2 -100.945 0 0 0 0 0 2 1 N4 17.004 0 0 0 0 -14.932 3 1 Totals:-83.94 0 0 4 1 COG (ft):NC NC NC Member Section Forces LC Member Label Sec Axial[k] y Shear[k] z Shear[k] Torque[k-ft] y-y Moment[k-ft] z-z Moment[k-ft] 1 1 M1 1 0 0 0 0 0 0 2 2 0 -10.137 0 0 0 7.369 3 3 0 -22.143 0 0 0 31.346 4 4 0 -35.68 0 0 0 74.631 5 5 0 -49.367 0 0 0 138.416 6 1 M2 1 0 51.578 0 0 0 138.416 7 2 0 35.61 0 0 0 62.127 8 3 0 19.816 0 0 0 13.74 PAGE NO: S 142/ R5 DATE: 06/07/2023 BY: BGC 128 Company Designer Job Number Model Name : : : : American Subsurface Engineering BGC 13'-0" Cut 4'-9" Slope Restrained Hea… Checked By : RISA-3D Version 21 [ 13 Cut 4.75 Slope Restrained 23H Heav… Page 3 Member Section Forces (Continued) LC Member Label Sec Axial[k] y Shear[k] z Shear[k] Torque[k-ft] y-y Moment[k-ft] z-z Moment[k-ft] 9 4 0 5.81 0 0 0 -8.365 10 5 0 -6.017 0 0 0 -7.866 11 1 M3 1 0 -6.017 0 0 0 -7.866 12 2 0 -5.684 0 0 0 1.456 13 3 0 -0.981 0 0 0 7 14 4 0 6.96 0 0 0 2.779 15 5 0 17.004 0 0 0 -14.932 AISC 15TH (360-16): ASD Member Steel Code Checks LC Member Shape UC Max Loc[ft] Shear UC Loc[ft] Dir Pnc/om [k]Pnt/om [k] Mnyy/om [k-ft] Mnzz/om [k-ft] Cb Eqn 1 1 M1 W18X35 0.834 6 0.465 6 y 236.683 308.383 20.11 165.918 1 H1-1b 2 1 M2 W18X35 0.834 0 0.486 0 y 226.676 308.383 20.11 165.918 1 H1-1b 3 1 M3 W18X35 0.09 6 0.16 6 y 236.683 308.383 20.11 165.918 1 H1-1b Member Section Deflections - Strength LC Member Label Sec x [in] y [in] z [in] x Rotate[rad] (n) L/y' Ratio (n) L/z' Ratio 1 1 M1 1 0 -0.399 0 0 180 NC 2 2 0 -0.285 0 0 252 NC 3 3 0 -0.175 0 0 412 NC 4 4 0 -0.075 0 0 963 NC 5 5 0 0 0 0 NC NC 6 1 M2 1 0 0 0 0 NC NC 7 2 0 0.024 0 0 3434 NC 8 3 0 0.02 0 0 4180 NC 9 4 0 0.008 0 0 9770 NC 10 5 0 -0.001 0 0 NC NC 11 1 M3 1 0 -0.001 0 0 NC NC 12 2 0 0.001 0 0 NC NC 13 3 0 0.002 0 0 NC NC 14 4 0 0.001 0 0 NC NC 15 5 0 0 0 0 NC NC PAGE NO: S 143/ R5 DATE: 06/07/2023 BY: BGC 129 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-438 Agenda Date:10/23/2024 Version:1 Item #:6. Report regarding a resolution approving the acceptance of grant funds from the California Department of Education’s After School Education and Safety Program for a three-year term in the amount of $283,858.56 per year (total grant amount of $851,575.68) and amending the Parks and Recreation Department and Library Department fiscal year 2024-25, 2025-26, and 2026-27 operating budgets pursuant to Budget Amendment Number 25.005.(Greg Mediati, Parks and Recreation Director) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the acceptance of grant funds from the California Department of Education’s After School Education and Safety Program for a three-year term in the amount of $283,858.56 per year (total grant amount of $851,575.68) and amending the Parks and Recreation Department and Library Department fiscal year 2024-25, 2025-26, and 202627 operating budgets pursuant to budget amendment #25.005. BACKGROUND/DISCUSSION The After School Education and Safety Program (ASES) was approved by voters in 2002 with the passage of the State of California’s Proposition 49. This program is administered by the California Department of Education with the goal of supporting local efforts to improve assistance for low-income students and their families, and broaden the base of support for education in a safe and constructive environment. The Parks and Recreation Department’s After School Programs at Los Cerritos and Martin Elementary Schools and the Library Homework Club at the Gene Mullin Community Learning Center have been recipients of this grant since fiscal year 2006-07. Typically, school districts are the lead agency when applying for ASES funding, often partnering with other providers including city agencies, however, the City of South San Francisco has historically been the lead applicant for this grant. This program requires close coordination between the school principals and program staff to complement the school’s curriculum. Programs must include an educational and literacy element through tutoring and/or homework assistance, and education enrichment through activities such as art, music, physical education, and general recreation. These programs are offered at no cost to participants and serve between 150 and 165 students. FISCAL IMPACT The California Department of Education has approved the City’s funding renewal application for a three-year term, beginning July 1, 2024 through June 30, 2027. The grant amount is $283,858.56 per year, totaling $851,575.68 over three years. Acceptance of this grant does not impact the General Fund and is crucial to sustaining the City’s After School Programs at Martin Elementary School and Los Cerritos Elementary School, and the Homework Club at the Gene Mullin Community Learning Center. Of the $283,858.56 granted annually to operate the three program sites, the Library’s portion is $99,350.18 and the Parks and Recreation Department’s portion is $184,508.88. The grant includes overhead costs for administration. RELATIONSHIP TO STRATEGIC PLAN City of South San Francisco Printed on 10/18/2024Page 1 of 2 powered by Legistar™130 File #:24-438 Agenda Date:10/23/2024 Version:1 Item #:6. Acceptance of these grant funds will contribute to the City’s Strategic Plan under Priority #2 by helping build a robust recreation program and strengthening youth learning programs. CONCLUSION It is recommended that the City Council authorize the acceptance of grant funds which will allow the Parks and Recreation Department and Library to continue to operate the After School Programs at Martin and Los Cerritos Elementary Schools and the Homework Club at the Gene Mullin Community Learning Center and provide 150-165 students with a free academic support program. City of South San Francisco Printed on 10/18/2024Page 2 of 2 powered by Legistar™131 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-439 Agenda Date:10/23/2024 Version:1 Item #:6a. Resolution approving the acceptance of grant funds from the California Department of Education’s After School Education and Safety Program for a three-year term in the amount of $283,858.56 per year (total grant amount of $851,575.68), and amending the Parks and Recreation Department and Library Department fiscal year 2024-25, 2025-26, and 2026-27 operating budgets pursuant to Budget Amendment Number 25.005. WHEREAS, the City of South San Francisco has been awarded the After School Education and Safety (ASES) Program grant in the amount of $283,858.56 per year for fiscal years 2024-25, 2025-26, and 2026-27; and WHEREAS, in fiscal year 2006-07, the City of South San Francisco started the Recreation, Education, and Learning (REAL) After School Programs at Los Cerritos and Martin Elementary Schools, and the Library Homework Club at the Gene Mullin Community Learning Center to support local efforts to improve assistance to students and broaden the base of support for education in a safe and constructive environment; and WHEREAS, the ASES Grant will provide 150 - 165 students with a free academic support program; and WHEREAS, receipt of the grant funds will be used to amend the Parks and Recreation Department’s operating budget to reflect $184,508.88 in grant funds received per year, and the Library Department’s operating budget to reflect $99,350.18 in grant funds received per year in fiscal years 2024-25, 2025-26, and 2026-27, pursuant to Budget Amendment Number 25.005. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves acceptance of grant funds from the After School Education and Safety Program for a three-year term in the amount of $283,858.56 per year (total grant amount of $851,575.68) and amending the Parks and Recreation Department and Library Department fiscal year 2024-25, 2025-26, and 2026-27 operating budgets pursuant to Budget Amendment Number 25.005. BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 11/14/2024Page 1 of 1 powered by Legistar™132 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. Report providing an update on the Linden Avenue Park project (project no. pk2305). (Philip Vitale, Deputy Director of Capital Projects) RECOMMENDATION It is recommended that the City Council receive an update on the Linden Avenue Park Project (project no. pk2305). BACKGROUND/DISCUSSION The proposed Linden Avenue Park project is comprised of two parcels located at 616 Linden Avenue, 700 Linden Avenue, and the section of Pine Avenue (Project Site) in between the parcels, totaling approximately one acre. The site is in a mixed residential and commercial area in the Old Town neighborhood of South San Francisco. The 616 Linden Avenue property is a 0.32-acre lot, located on the southeastern corner of Linden Avenue and Pine Avenue. It is currently used as a parking lot. The 700 Linden Avenue property is a 0.34-acre vacant vegetated lot, located on the northeastern corner of Linden Avenue and Pine Avenue. In 2010, a gang related shooting occurred on 8 th lane in which three individuals lost their lives. Trees memorializing the loss of lives were planted at the site. The trees have since failed as they were not appropriate for the area’s climate. Both 616 and 700 Linden Avenue were owned by the former South San Francisco Redevelopment Agency (RDA). In 2012, all redevelopment agencies in California were dissolved and the Successor Agency to the RDA prepared a plan for State approval to govern the use and/or disposition of all former RDA properties. This plan, known as a Long-Range Property Management Plan (LRPMP), was approved by the State in 2015. In accordance with the LRPMP, 616 and 700 Linden were conveyed to the City. The LRPMP notes that the highest and best use of these properties is for high density housing; however, the LRPMP does not require the City to sell the properties for housing or any other purpose. If City Council opted to sell the properties rather than develop them as parks, the City would have to follow the process required by the Surplus Land Act, as amended by the State Legislature in 2019. As part of the process, the City must provide notice to specified entities regarding the availability of the property. If a housing development entity notifies the City of its desire to acquire the property for low and moderate-income housing, the City must engage in good-faith negotiations with the entity to convey the property for that purpose. The developer must make at least 25% of the units available at an affordable cost to lower-income households. If the City and developer are not able to agree on price and terms after good-faith negotiations, the City may sell the property without following the Act. However, if 10 or more residential units are developed on the property, not less than 15% of the total number of residential units must be sold or rented to lower income households. There has been developer interest in constructing housing on the sites, but the City has prioritized using them for a park for the neighborhood. The Old Town neighborhood was identified in the 2015 Parks and Recreation Master Plan and 2022 General Plan as an area of concern for its lack of parks and open space. To address this need, the 616 and 700 Linden Avenue parcels were identified to be developed into a new park. This densely populated area is considered one of South San Francisco’s most socio-economically diverse communities. Funding was requested to transform 616 Linden Avenue and 700 Linden Avenue into a vibrant neighborhood park and City of South San Francisco Printed on 10/30/2024Page 1 of 6 powered by Legistar™133 File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. cultural plaza for the community to enjoy. Situated in the historic Old Town neighborhood, this is a highly visible public site due to its centralized location and cultural significance. In early 2022, City staff submitted a $3,200,000 specified grant funding request to the State Department of Parks and Recreation for funding consideration in the 2022 budget to fund park improvements on these two parcels. The grant request was included in the Budget Act of 2022 signed by Governor Newsom and administrated through the State Department of Parks and Recreation. The City was also awarded $830,000 in grant funding from the United States Land and Water Conservation Act grant program for costs associated with the acquisition of the properties. The design and construction budget for the park is $5.5 million. Sources include $3.2 million from the State Parks, as noted above; $1.3 million from Park Fees (pk2305); and a $1 million developer community benefit fee from the IQHQ development. The City is currently in the process of addressing issues related to the City retention of the properties for park development and the redevelopment dissolution process to begin construction of this community amenity. In November 2023 the City engaged MIG, Inc. of Berkeley California to conduct community engagement, design, and prepare construction documents for the new park. Environmental Work Volonte Automotive, a repair shop, operated at the 616 Linden Avenue property from the 1940s through the early 2000s. The layout of the property is depicted in Figure 2. A leaking underground storage tank (UST) cleanup case was opened under San Mateo County Groundwater Protection Program (GPP) oversight following removal of one gasoline UST and one waste oil UST in 1993, and the detection of petroleum hydrocarbons in soil below the USTs. According to the case closure summary (GPP, 2001), approximately 440 tons of soil were excavated and disposed of offsite following the UST removals, to remove the petroleum hydrocarbon impacted soil from the property. Groundwater monitoring and sampling were then conducted through January 2001 to assess the shallow groundwater for the presence of petroleum hydrocarbons. GPP confirmed that the investigation and remedial action were satisfactorily completed and closed the case in September 2001. Working under a United States Environmental Protection Agency (EPA) Targeted Brownfields Assessment (TBA) grant, consultants retained by the EPA conducted Phase I and Phase II Environmental Site Assessments (ESAs) for several sites in South San Francisco in 2021, including the subject sites. The Phase I ESA, which is a record search, identified the following recognized environmental conditions (RECs) at the site: Vapor intrusion potential from residual petroleum hydrocarbons (616 Linden Avenue); Possible presence of additional USTs (616 Linden Avenue); Possible contamination from a former dry cleaner at 612 Linden Avenue (616 Linden Avenue); and Potential historical aerially deposited lead (700 Linden Avenue). According to the Final Phase I/Phase II ESA TBA Report, the Phase II ESA did not identify any additional USTs at 616 Linden Avenue, but it did identify a buried concrete structure containing metal and elevated lead concentrations in soil. During the Phase II ESA, which consisted of soil and soil vapor sample collection, the EPA consultant collected three soil samples and five soil gas samples at 616 Linden Avenue. The soil sample analyzed for petroleum hydrocarbons contained up to 930 milligrams per kilogram (mg/kg) total petroleum hydrocarbons (TPH) as motor oil, 560 mg/kg TPH as diesel (TPHd) and 43 mg/kg TPH as gasoline (TPHg). Lead was detected in soil at concentrations ranging from 43.8 to 239 mg/kg. Low concentrations of polyaromatic hydrocarbons (PAHs; benzo(a)anthracene, phenanthrene, and pyrene) were also detected in soil. Of these, only the TPHd detections and one lead detection (from the buried concrete structure) exceeded San Francisco Bay Regional Water Quality Control Board (Regional Water Board) environmental screening levels (ESLs) for direct contact with soil under residential land use. In soil vapor, the following volatile organic City of South San Francisco Printed on 10/30/2024Page 2 of 6 powered by Legistar™134 File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. compounds (VOCs) were detected: 1.2 to 68,000 micrograms per cubic meter (μg/m3) benzene, 1.3 to 46,000 μg/m3 ethylbenzene, 10 to 83,000 μg/m3 toluene, 5.2 to 230,000 μg/m3 total xylenes, 1,400 to 3,000 μg/m3 1,2-dichloroethane (1,2-DCA), and 1.8 μg/m3 tetrachloroethene. Some of the benzene, ethylbenzene, toluene, total xylenes (BTEX) and 1,2- DCA concentrations exceeded Regional Water Board ESLs for vapor intrusion to residential indoor air. Four composite soil samples were collected at 700 Linden Avenue and analyzed for lead, which was detected at concentrations ranging from 24 to 52 mg/kg. These concentrations are below Regional Water Board ESLs for direct contact with soil under residential land use, thus confirming suitability for use as a park. In 2022, the City engaged environmental consultants Ninyo & Moore to conduct additional voluntary testing of the sites with the objective of evaluating risk to future receptors under the scenario of redeveloping the subject site into a park. Through Ninyo & Moore, multiple investigations were conducted on the 616 Linden Avenue property, soil samples collected, and the analytical results were compared to applicable regulatory screening levels. The analytical results for 616 Linden Avenue show that existing soil conditions satisfy the State Water Board Low-Threat Closure Policy criteria for residential direct contact and outdoor air, and lead concentrations in shallow soil are equal to or below residential ESLs. Therefore, there is no significant risk posed by site soils, and additional excavation and off- hauling of soil is not necessary to allow property redevelopment as a park to proceed. Prior to park construction, a Site Management Plan (SMP) will be prepared and submitted to San Mateo County Groundwater Protection Program (GPP) for review. This Plan will describe recommended steps necessary to ensure safety of workers, residents, and park users during construction. It will also describe procedures that will be followed if petroleum hydrocarbon impacted soils are encountered during construction, although this is not expected. Further, any soils planned for off-haul to a landfill will be tested and disposed of accordingly. The City plans to voluntarily remove the lead-impacted soil located within the buried concrete structure at 616 Linden Avenue that was identified during the Phase II Environmental Site Assessment. This work will be proposed in the SMP described above and submitted to the San Mateo County Groundwater Protection Program for review. The soil vapor contamination identified at 616 Linden Avenue does not affect redevelopment into a park because the screening levels apply to residential indoor air. If any buildings are planned, they can be built on the 700 Linden Avenue property without restrictions. If buildings are proposed at the 616 Linden Avenue property, additional investigation can be conducted or mitigation measures implemented, such as a vapor intrusion mitigation system (VIMS). There are no known environmental issues or restrictions for redevelopment at the 700 Linden Avenue property. Both sites are suitable for development into a park. Circulation In early 2024, staff engaged Hexagon Transportation Consultants to assess traffic impacts of the park development that would potentially close, slow, or redirect traffic on Pine Avenue. Alternatives explored included: 1. Speed Table:Under this alternative, Pine Avenue would be kept open and a speed table on Pine Avenue would slow down vehicles near the park. Speed tables are traffic calming devices that raise the entire wheelbase of a vehicle to reduce its speed. They are longer than speed humps and are flat on the top, with a height of3-3.5 inches and a length of at least 22 feet. According to National Association of City Transportation Officials (NACTO), speed tables may be used on collector streets and/or transit and emergency response routes. With this option, Pine could be closed for special events. 2. Pine Avenue Closure:The intersection of Linden Avenue and Pine Avenue would operate as a three-legged intersection without the east leg. Pine Avenue, east of Linden Avenue would be closed off to vehicular traffic and a small roundabout/hammerhead would be installed on the east end of the park for vehicles on westbound Pine Avenue to turn around. The roundabout/hammerhead would be designed to accommodate large trucks, including firetrucks and waste collection vehicles. Through traffic on Pine Avenue would be diverted to the parallel streets of California Avenue and Aspen Avenue. City of South San Francisco Printed on 10/30/2024Page 3 of 6 powered by Legistar™135 File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. 3. Pine Avenue Closure with a New Alley:Pine Avenue would be closed off to vehicular traffic from Linden Avenue. Instead of providing a roundabout for westbound traffic on Pine Avenue to turn around, a one-way alley would be provided along the eastern boundary of the park that would connect to 7th Lane. Westbound vehicles on Pine Avenue would be able to make a left turn onto the new alley and a right turn onto 7th Lane to connect to Linden Avenue. Through traffic on Pine Avenue near the park is expected to use the parallel streets of California Avenue and Aspen Avenue to get to their destinations. The one-way alley would be designed to accommodate large trucks, including fire apparatus. 4. Pine Avenue Partial Closure:Under this alternative, Pine Avenue would be kept open except if/when special events that warrant closure are conducted at the park. Traffic analysis of the proposed Linden Park alternatives showed that all alternatives would be feasible to implement. Analysis of the existing roadway volumes and intersection operations during weekday peak hours showed that the roadways and intersections surrounding the park are operating well below capacity and therefore could accommodate additional traffic that would be diverted from Pine Avenue and no significant operational issues are anticipated for the Pine Avenue closure alternatives. Staff engaged South San Francisco Fire and Public Works/Engineering Departments to review the Pine Avenue alternatives. Fire noted emergency response times would not be impacted by any of the alternatives. Fire also noted both Aspen Avenue and California Avenue provide adequate response routes in the alternatives where Pine Avenue is either partially or entirely closed. Additionally, both Cypress Avenue and Airport Boulevards support access and are preferable when evaluated as evacuation routes based on their network capacity when compared with Linden Avenue. Engineering noted no anticipated impacts to operation and services. Staff also engaged South San Francisco Scavengers who reviewed the alternatives and found that with either full closure or the alley bypass they would be able to adequately maintain service to residents along Pine Avenue. The design team presented three options (Hammerhead, Alley, Speed Table) to the public in the first round of engagement to get initial feedback. The Hammerhead was the top choice, with Alley and Speed Table tying for second. Additionally, the design team heard that community priorities are slowing traffic and providing safety for children and seniors. Engagement The project team’s engagement work began with phase zero analysis work and included interviews with community members to help craft a successful engagement plan for this community and this project. In spring 2024, the project kicked off publicly with several visioning events to learn about the community’s goals, ideas, and priorities for the new park. At that time, a project website was established that provided information on upcoming outreach opportunities and site history. Information was also posted on site in informational kiosks in English and Spanish. Two large bilingual public events were held, with about 125 people participating: Open House and Listening Session (April 13, 2024, 10:00 a.m. - 1:00 p.m., at the site) Pop-up Event & Intercept Interviews (May 1, 2024, 4:00 - 7:00 p.m., at the site) Participants had the opportunity to describe their current and past activities at the site and comment on potential preferences for the new park. Along with speaking directly with City and design representatives, participants used stickers to rate priorities and recorded comments and ideas on large posterboards. At a third event, City staff and the design team held a focus group session with the neighboring business owners at Amoura’s restaurant, across the street from the new park: Merchants Round Table (May 30, 2024, Saturday, 2:00 - 3:00 pm, at Amoura Restaurant) This discussion centered on business-specific topics such as parking, loading, safety, activation, and customer experience. The group also looked at examples showing how other parks have supported surrounding businesses, including drawing in more daily customers and providing outdoor seating options. City of South San Francisco Printed on 10/30/2024Page 4 of 6 powered by Legistar™136 File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. A bilingual summary of these engagement activities and feedback gathered is posted on the City’s website. The key takeaways: Activate the Space: gatherings, programming, and recreational opportunities to draw in community members; Provide For Community Gatherings and Events: smaller social gatherings, large events, and cultural activities like movies in the park; Encourage Recreation and Fitness:outdoor workout spaces suitable for all ages; Be Inclusive, Safe, Comfortable, and Accessible:welcoming spaces, improved walkability, safe biking, benches, sheltered seating, a restroom, and drinking fountain; Connect Neighbors to the Environment:green space, native/drought tolerant/pollinator gardens, memorial trees, less concrete, clean air, and a relaxing environment; and Reflect the Community:a community-driven park plan and artwork that reflects the community's rich character. Design Alternatives Feedback from the visioning phase resulted in the development of two concept designs. Much like traditional plazas around the world that are the heart of the community, the concept alternatives are inspired by this history and seek to create a contemporary new plaza and active park for South San Francisco with gathering spaces, recreation, play, and art features. Both concepts absorb part of Pine Avenue into the park, in different ways, to make the park larger and allow for a connected, safe park for all ages.Concept A is more park focused, with a one-way alley providing a connection from Pine Avenue onto 7 th Lane then Linden.Concept B is more plaza-focused with Pine Avenue terminating at the park with a hammerhead turnaround, sized to accommodate fire engines and trash/recycling vehicles. City staff and the bilingual design team took these concepts to a series of events for public comments: National Night Out (August 6) Movie Night at Martin Elementary School (August 16) Open House and Listening Session (August 24) South San Francisco Youth Commission (September 9) Concert in the Park (September 21) Merchants Round Table (September 27) Centennial Way Park South Ribbon Cutting (September 29) Morelos Hall (September 29) Bilingual Online Survey (August 16 - September 30) Participants were able to take the bilingual online survey on iPads at the events or anytime on their own during the six- week window. Paper versions of the survey were offered at events and made available at the Grand Library and Library | Parks and Recreation Center front desks to be inclusive of those less digitally inclined. At the in-person events, the project team was able to answer questions in both English and Spanish and record additional community feedback on posterboards. The preliminary survey results show that the two concepts both received high marks on a scale of 1 to 5. In side-by-side competition, the concepts polled very close, with Concept B slightly higher (47%) than Concept A (44%) and some wanting a combination of the two (9%). The community’s input on the two circulation options was even more split at 50% for each. The survey had additional questions to drill down on specific features and priorities. Concept A’s top features were a flex lawn (a flexibly used open lawn area), play areas, gathering spaces, trees, and planting areas. Concept B’s top features were a plaza, play area, flex lawn, and fitness areas. The design team heard common themes repeated both in person and in the survey comments: City of South San Francisco Printed on 10/30/2024Page 5 of 6 powered by Legistar™137 File #:24-1019 Agenda Date:10/23/2024 Version:1 Item #:7. 1. Balance the plaza size with other key elements in the park and utilize Linden Avenue for occasional extra-large events; 2. Create a flexible lawn space to host a variety of activities; 3. Provide a variety of types of seating, tables, and shade throughout the park; 4. Play area should be inclusive and visible from other areas of the park; and 5. Ensure artwork reflects the community’s identity and heritage. Additionally, the team received feedback on the top play elements (top three: spinner, net climber, and climbing rock) and art/identity features (top three: colorful ground mural, festival light columns, art/play climbing sculpture). A complete engagement summary is being compiled to help guide the final concept, including input from this City Council session, and will be shared with the public on the City’s website. It should be noted that the merchant stakeholder group expressed concern about loss of customer and employee parking with the conversion of the current lot at 616 Linden to park space. With the understanding that the available land area of the two lots is very limited, the project team responded to the merchant concerns by adding between 13 - 15 spaces into the park design concept alternatives The merchant stakeholder group also pointed out that the new park will draw families and other park users, and were concerned about the impact this may have on their businesses if the public requests use of their facilities. The project team acknowledges this concern. The size of this park defines it in the category of a “neighborhood park,” which typically would not include a public restroom, however the project team is evaluating this option, with the understanding that there would be significant trade-offs in space and budget, given the high cost of constructing, operating, and maintaining public restrooms. Community concerns about the condition and disposition of Cypress and Pine Park were also heard. The City is exploring the use of CBDG funding to make ADA accessibility upgrades, which would make the park eligible for more grant funding opportunities. It is important to stress that the City is committed to pursuing improvements. Next Steps The design team will incorporate feedback gathered through the Design Alternatives Phase, including feedback to be provided by the City Council as part of the update on October 23 to develop a preferred concept design. The preferred concept design will be shared with the community in early 2025. The preferred concept design will be presented to the Parks and Recreation Commission and City Council for final approval. FISCAL IMPACT There is no fiscal impact to the budget for fiscal year 2023-24. This project is included in the City of South San Francisco’s fiscal year 2023-24 Capital Improvement Program. Transfer of funds from relevant accounts will be accomplished as funds are needed. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan. It aligns with Priority #2, which is focused on enhancing quality of life by building and maintaining a sustainable city, making our city a great place to live, learn, and play. CONCLUSION Staff recommend that the City Council provide feedback on the design alternatives to inform development of a preferred concept design. City of South San Francisco Printed on 10/30/2024Page 6 of 6 powered by Legistar™138 CITY OF SOUTH SAN FRANCISCO NEW PARK AT LINDEN & PINE | PARQUE NUEVO EN LINDEN Y PINE City Council Meeting - October 23, 2024 139 Tonight’s Presentation|La presentación de esta noche Background Environmental Work Community Engagement Design Alternatives Next Steps Antecedentes Trabajo Ambiental Participación comunitaria Alternativas de diseño Próximos pasos 140 Background Antecedentes 141 Background|Antecedentes The Old Town neighborhood lacks sufficient park and open space. 616 and 700 Linden Avenue parcels will be developed into Linden Avenue Park. Former Redevelopment Agency Sites. If not developed as a park, likely to be developed as housing. El barrio Old Town carece de suficientes parques y espacios abiertos. Los lotes 616 y 700 de Linden Avenue se convertirán en Linden Avenue Park. Antiguos sitios de la Agencia de Reurbanización. Si no se desarrolla como parque, es probable que se desarrolle como vivienda. 142 143 Background | Antecedentes •Early 2022 the City received a grant for $3,200,000 from the State Department of Parks. •December 2022 the City engaged Environmental Consultants Ninyo & Moore. •November 2023 the City engaged MIG, Inc.to conduct community engagement and design. •A principios de 2022 la Ciudad recibió una subvención por $3,200,000 del Departamento de Parques del Estado. •Diciembre de 2022, la ciudad contrató a los consultores ambientales Ninyo & Moore. •En noviembre de 2023, la Ciudad contrató a MIG, Inc. para llevar a cabo el enlace comunitario y el diseño. 144 Environmental Work Trabajo Ambiental 145 146 616 Linden Avenue UST Case (Required) / Caso UST (Requirido) •1993 - Underground storage tanks removed and environmental case opened by San Mateo County. •1993 - 440 tons (15 dump trucks) of contaminated soil were removed. •1996 to 2001 - Groundwater samples were collected routinely. •2001 - San Mateo County closed the case; no further action was required. •1993 - Se retiran los tanques de almacenamiento subterráneo y el condado de San Mateo abre un caso ambiental. •1993 - Se retiraron 440 yardas cúbicas (15 camiones volquete) de suelo contaminado. •1996 a 2001: se recogieron muestras de agua subterránea de forma rutinaria. •2001 - El condado de San Mateo cerró el caso; no fue necesaria ninguna otra acción. 147 148 EPA Grant (Voluntary) |Subvención de la EPA (voluntaria) •2021 – Phase I Environmental Site Assessment (ESA) and Phase II ESA completed for both properties. •Investigations concluded no environmental issues at 700 Linden Avenue. •Buried concrete structure containing metal found at 616 Linden Avenue. •Diesel and lead in soil and gasoline chemicals in soil vapor at 616 Linden Avenue exceeded Regional Water Board residential screening levels. •22021: Se completaron la Evaluación Ambiental del Sitio (ESA) Fase I y la ESA Fase II para ambas propiedades. •Las investigaciones concluyeron que no hay problemas ambientales en 700 Linden Avenue. •Estructura de hormigón enterrada que contiene metal encontrada en 616 Linden Avenue. •El diésel y el plomo en el suelo y los productos químicos de la gasolina en el vapor del suelo en 616 Linden Avenue excedieron los niveles de detección residencial de la Junta Regional del Agua. 149 150 Additional Work (Voluntary)|Trabajoadicional (voluntario) •2023 - Soil testing concluded it is safe to use 616 Linden Avenue for a park. •2024 - Additional soil testing confirmed these results. •The City plans to voluntarily remove the lead-impacted soil from the buried concrete structure at 616 Linden Avenue. •Prior to park construction, a Site Management Plan (SMP) will be submitted to San Mateo County for review. •2023: Las pruebas del suelo concluyeron que es seguro usar 616 Linden Avenue como parque. •2024: pruebas de suelo adicionales confirmaron estos resultados. •La Ciudad planea eliminar voluntariamente la tierra impactada por plomo de la estructura de concreto enterrada en 616 Linden Avenue. •Antes de la construcción del parque, se presentará un Plan de gestión del sitio (SMP) al condado de San Mateo para su revisión.151 Community Engagement Enlace Comunitario 152 Project Timeline|Cronograma del proyecto PHASE 0 153 Traffic Analysis by Hexagon Fire Marshal Meeting SSF Engineering Dept. Review SSF Scavenger Company Meeting (Garbage/Recycling) Análisis de tráfico por Hexagon Reunión con jefe de bomberos Revisión del Departamento de Ingeniería de SSF Reunión con SSF Scavenger Company (Basura/Reciclaje) STUDIES & REVIEWS:ESTUDIOS Y REVISIONES: Circulation |Circulación 9 9 9 9 9 9 9 9 154 Project Timeline|Cronograma del proyecto 155 75 Participants / Participantes 4/13 Open House + Listening Session Evento Comunitario Y Conversación Interactiva Visioning Events|Eventos de visión 5/1 Pop-Up Event + Intercept Interviews Evento Emergente + Entrevistas Espontaneas 50 Participants / Participantes 5/30 Merchants’ Round Table Reunión de Comerciantes 6 Adjacent Merchants / Comerciantes 156 •Bilingual /Bilingüe - All meetings and materials were provided in Spanish and English. - Todas las reuniones y materiales se proporcionaron en español e inglés. •In person / Presencial - Eight events including interviews, onsite, popup, merchants' meetings, and presentations. - Ocho eventos que incluyeron entrevistas, eventos presenciales, emergentes, reuniones de comerciantes y presentaciones. •Remote Participation - A digital and paper graphic-rich survey. - Una encuesta digital y en papel rica en gráficos. Outreach Methods |Métodosde enlace 157 Potential Circulation Options|Opciones potenciales de circulación 2ND (TIE) 2ª (EMPATE) Separated Park with Speed Table Parque separado con tabla de velocidad Joined Park with Alley | Parque unido con Callejón 2ND (TIE) 2ª (EMPATE) Joined Park with Hammerhead Parque unido con forma de "T" TOP RANK LA OPCIÓN PREFERIDA 158 ‰Slow Traffic ‰Provide Safety for Children and Seniors ‰Improve Accessibility ‰Increase Security/Police Presence ‰Support adjacent businesses with short-term parking options ‰Reducirá la velocidad del tráfico ‰Brindará seguridad a los niños y personas mayores ‰Mejorará la accesibilidad ‰Aumentará la seguridad/presencia policial ‰Apoyará a los negocios cercanos con opciones de estacionamiento a corto plazo A SUCCESSFUL PARK WILL:UN PARQUE EXITOSO: Circulation Takeaways|Conclusiones clave de circulación 159 0 1 2 3 4 Ranked Priorities Clasificación de Prioridades Program Preferences|Preferencias de programación GATHER REUNIR EVENTS EVENTOS ART ARTE PLAY JUGAR 3.03 2.75 2.40 2.04 160 Key Takeaways|Conclusiones clave ‰Activate The Space ‰Provide For Community Gatherings & Events ‰Encourage Recreation and Fit- ness ‰Be Inclusive, Safe, Comfortable & Accessible ‰Connect Neighbors to the Environment ‰Reflect the Community ‰Activar el espacio ‰Proveer para reuniones y eventos comunitarios ‰Promover la recreación y la actividad física ‰Ser inclusivo, seguro, cómodo y accesible ‰Conectar los vecinos con el ambiente natural ‰Reflejar la comunidad 161 Design Alternatives Alternativas de diseño 162 Concepts Overview |Descripción general de conceptos 163 164 165 Design Alternative Events| Eventos de alternativas de diseño 8/06 National Night Out Noche Nacional 8/16 Movie Night at Martin Elementary Noche de cine en la Escuela Primaria Martin 5 8/24 Open House + Listening Session Evento Emergente + Entrevistas Espontaneas 9/21 Concert in the Park Concierto en el Parque 8/16-9/30 Bilingual Online Survey Encuesta bilingüe en línea 9/27 Merchants Round Table Reunion de Comerciantes 9/29 Centennial Park & Morelos Hall Parque de Centennial y Salón Morelos 9/09 SSF Youth Commission Comisión juvenil 200 TOTAL 25 20 60 40 5 45 10 405 166 Which Concept do you prefer overall? | ¿Qué concepto prefieres en general? CONCEPT A / CONCEPTO A CONCEPT B / CONCEPTO B Combination of the two concepts based on specific features / Combinación de los dos en función de características específicas Which Concept do you prefer overall? | ¿Qué concepto prefieres en general? Survey Results|Resultados de la encuesta Concept A Concepto A Concept B Concepto B Combination of the two concepts based on specific features Combinación de los dos en función de características específicas A 44% 56 responses / respuestas B 47% 59 responses / respuestas C9% 10 responses / respuestas 167 FITNESS – 4 to 6 stations on a circuit and a flexible class space EJERCICIO -4 a 6 estaciones en un circuito y un espacio para clases en grup flexible 2 3 4 1 2 3 4 1 Top-Rated Features|Características clave FLEX LAWN -Large for events overflow, picnic, daily play space ÁREA DE PASTO FLEXIBLE -Grande para eventos, picnic, espacio de juego diario PLAY AREA -Medium size with room for 3-4 smaller features ÁREA DE JUEGO -Tamaño mediano con espacio para 3-4 elementos más pequeñas GATHERING -With shade canopy REUNIÓN –Con toldo de sombra TREES & PLANTING AREA –Larger amount than in concept B ÁRBOLES Y ÁREA DE PLANTACIÓN –Cantidad mayor que en el Concepto B PLAZA –Large for live music/dance/community events and possible overflow space on Linden Ave. PLAZA –Grande para música en vivo / baile / eventos comunitarios posible espacio de desbordamiento en Linden Ave. PLAY AREA –Small size with room for 1-2 features ÁREA DE JUEGO -tamaño pequeño con espacio para 1-2 elementos FLEX LAWN – Smaller picnic area, play ÁREA DE PASTO FLEXIBLE - Área de picnic más pequeña, jugar A B 168 What We Heard|Lo que escuchamos •Balance the plaza size with other key elements in the park & utilize Linden Ave. for occasional extra-large events •Create flexible lawn space to host a variety of activities •Provide a variety of types of seating, tables, and shade throughout the park •Play area should be inclusive and visible from other areas of the park •Ensure artwork reflects the community’s identity and heritage •Equilibre el tamaño de la plaza con otros elementos clave del parque y utilice Linden Ave. para eventos extragrandes ocasionales. •Crear un espacio de césped flexible para albergar una variedad de actividades •Proporcionar una variedad de tipos de asientos, mesas y sombra en todo el parque. •El área de juego debe ser inclusiva y visible desde otras áreas del parque. •Garantizar que las obras de arte reflejen la identidad y el patrimonio de la comunidad. 169 Next Steps Próximos Pasos 170 Next Steps|Próximos Pasos 171 THANK YOU Gracias 172 Memorandum Date: January 31, 2024 To: Mr. Philip Vitale, Jr., City of South San Francisco From: Trisha Dudala Katie Riutta Subject: Transportation Analysis for Linden Park in South San Francisco, California Hexagon Transportation Consultants, Inc. has completed an assessment of traffic impacts from the proposed Linden Park in South San Francisco. The project site (see Figure 1) is located on the east side of Linden Avenue, between 8th Lane to the north and 7th Lane to the south. The site is comprised of two parcels (616 Linden Avenue and 700 Linden Avenue) and a section of Pine Avenue that bisects the project site. 616 Linden Avenue is currently an active parking lot and 700 Linden Avenue is a vacant grass lot. The two parcels would be redeveloped into a park with a children’s play area, a space for recreation, a sports court, spaces for community gathering and public art. In accordance with Senate Bill (SB) 743 and the City’s Transportation Analysis Guidelines, vehicle miles traveled (VMT) has replaced level of service (LOS) for use in transportation analyses pursuant to the California Environmental Quality Act (CEQA). This memorandum evaluates the project’s potential impact on vehicle miles traveled (VMT) and analyzes the traffic operational effects of park development alternatives that would potentially close Pine Avenue. Vehicle Miles Traveled According to the City’s Transportation Analysis Guidelines, October 2022, prepared for the General Plan Update, some projects may be screened out, or assumed to have a less-than-significant impact on VMT, if they fall within the following categories: 1. Projects located within ½-mile walkshed around major transit stops. 2. 50% affordable housing projects. 3. Small projects that generate less than 100 new trips per day, and do not exceed square footage thresholds. 4. Locally serving public facilities that encompass government, civic, cultural, health, and infrastructure uses and activity which contribute to and support community needs. 5. Neighborhood-serving retail projects that are less than 50,000 square. 6. Hotels designed to serve business travelers or individuals flying in or out of SFO. 7. Residential and office projects in low VMT areas. The potential new daily vehicle trips that may be generated by the proposed project were estimated by applying trip rates for public parks published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (0.78 daily vehicle trips per acre) to the size of the project site (0.7 acres). Based on the ITE trip rate, the proposed project is expected to generate an average of fewer than 10 vehicle trips each day. 173 Linden Park Traffic Analysis January 31, 2024 Page | 2 Therefore, according to the South San Francisco’s VMT policy, the project would qualify as a small project that may be screened out of a detailed VMT analysis and assumed to have a less than significant impact on VMT. Also, the proposed park would be local serving and would generate activity that would contribute to and support community needs. Project Alternatives The following park development alternatives are being considered by the City of South San Francisco. 1. Speed Table – Under this alternative, Pine Avenue would be kept open and a speed table on Pine Avenue would slow down vehicles near the park. Speed tables are traffic calming devices that raise the entire wheelbase of a vehicle to reduce its speed. They are longer than speed humps and are flat on the top, with a height of 3 – 3.5 inches and a length of at least 22 feet. According to National Association of City Transportation Officials (NACTO), speed tables may be used on collector streets and/or transit and emergency response routes. 2. Pine Avenue Closure (see Figure 2) – The intersection of Linden Avenue and Pine Avenue would operate as a three-legged intersection without the east leg. Pine Avenue, east of Linden Avenue would be closed off to vehicular traffic and a small roundabout would be installed on the east end of the park for vehicles on westbound Pine Avenue to turn around. The roundabout would be designed to accommodate large trucks including firetrucks. Through traffic on Pine Avenue would be diverted to the parallel streets of California Avenue and Aspen Avenue. 3. Pine Avenue Closure with a new alley (see Figure 3) – Under this alternative, Pine Avenue would be closed off to vehicular traffic like in alternative 2 but instead of providing a roundabout for westbound traffic on Pine Avenue to turn around, a one-way alley would be provided along the eastern boundary of the park that would connect to 7th Lane. Westbound vehicles on Pine Avenue would be able to make a left turn onto the new alley and a right turn onto 7th Lane to connect to Linden Avenue. Similar to alternative 2, the through traffic on Pine Avenue near the park is expected to use the parallel streets of California Avenue and Aspen Avenue to get to their destinations. The one-way alley would be designed to accommodate large trucks, including fire apparatus. 4. Pine Avenue Partial Closure – Under this alternative, Pine Avenue would be kept open except when special events are conducted at the park. Traffic Analysis Alternative 1 – Speed Table Under this alternative, Pine Avenue would be kept open, and a speed table would be installed to slow down vehicular traffic. The daily traffic on Pine Avenue is relatively low, with less than 1,300 vehicles per day. The delay caused by the speed table would be minimal, so the amount of traffic that may be diverted to adjacent roadways would be very small and is not expected to cause any significant operational delays or queues on the surrounding streets. 174 Lin d e n A v e Pine A v e Cy p r e s s A v e 6th Ln Lux Av e Aspen A v e 8th Ln 7th Ln Califor n i a A v e Oli v e A v e Hic k o r y P l Junipe r A v e Du b u q u e A v e Ar m o u r A v e 1 3 4 8 7 2 6 5 101 Air p o r t B l v d Air p o r t B l v d Air p o r t B l v d 70 0 L i n d e n 70 0 L ind e n Av e n u e Av en ue 61 6 L i n d e n 61 6 L i n d en Av en u e Av en u e X = Study Intersection = Site Location LEGEND 70 0 L i n d e n Av e n u e 61 6 L i n d e n Av en u e Linden Park TransportaƟon Analysis Figure 1 Study Area 175 Lin d e n A v e Pine A v e Cy p r e s s A v e 6th Ln Lux Av e Aspen A v e 8th Ln 7th Ln Califor n i a A v e Oli v e A v e Hic k o r y P l Junipe r A v e Du b u q u e A v e Ar m o u r A v e 101 Air p o r t B l v d Air p o r t B l v d Air p o r t B l v d = Site Location = Street Closure = A roundabout would be provided for traffic to make a U-turn at the end of Pine Avenue = Removed LEGEND Linden Park TransportaƟon Analysis Figure 2 Alternative 2 - Pine Avenue Closure 176 Lin d e n A v e Pine A v e Cy p r e s s A v e 6th Ln Lux Av e Aspen A v e 8th Ln 7th Ln Califor n i a A v e Oli v e A v e Hic k o r y P l Junipe r A v e Du b u q u e A v e Ar m o u r A v e 101 Air p o r t B l v d Air p o r t B l v d Air p o r t B l v d = Site Location = Street Closure = One-Way Alley = Removed LEGEND Linden Park TransportaƟon Analysis Figure 3 Alternative 3 - Pine Avenue Closure with Alley 177 Linden Park Traffic Analysis January 31, 2024 Page | 6 Alternative 2 – Pine Avenue Closure Under this alternative, the two park parcels and the section of Pine Avenue that bisects the two parcels would be combined to create one large rectangular park. Pine Avenue, east of Linden Avenue would be closed off to vehicular traffic, and a small roundabout would be installed on the east end of the park for vehicles on westbound Pine Avenue to turn around. Through traffic on Pine Avenue would be diverted to the parallel streets of California Avenue and Aspen Avenue. The impact of the Pine Avenue closure on the adjacent roadways was analyzed based on the diverted traffic. The origins and destinations of traffic using Pine Avenue were determined with traffic pattern information collected by the StreetLight data platform. StreetLight data track cell phone pings to determine traffic patterns. Cell phone companies supply anonymized data about the origins, destinations, and routes of people using cell phones. Any time a geo-based app on the phone is enabled, the movement of that phone is tracked. While not all people have cell phones or apps running, the data are aggregated from thousands of users over time and provide a good representation of travel patterns. The analysis herein is based on 2019 data, as the years following 2019 were disrupted by COVID conditions. The 2023 data are still low compared to 2019 volumes. Roadway operations were evaluated using Level of Service (LOS) measures. The Highway Capacity Manual, Transportation Research Board, 2000 provides the following LOS threshold volumes for collector and local roads. Pine Avenue and its parallel streets are classified as local streets. Table 1 Level of Service Threshold Volumes for Roadways Table 2 (also see Figure 4) below summarizes the daily volume for the roadways near the project site. Roadway Type LOS A LOS B LOS C LOS D LOS E 2- Lane Arterial (w/left-turn lane)11,000 12,500 14,500 16,000 18,000 2- Lane Collector 6,000 7,500 9,000 10,500 12,000 2 - Lane Local 1,200 1,400 1,600 1,800 2,000 Notes 1. Based on Highway Capacity Manual , Transportation Research Board, 2000. 2. Two-lane collectors assume approximately three-fourths of the capacity of a two-lane arterial with left-turn lanes. This is based on the assumption that left-turn channelization is not provided on a two-lane collector. 3. Local street level of service thresholds are based upon “Neighborhood Traffic Related Quality-of-Life Considerations” which assumes a standard suburban neighborhood, 40-foot roadway width, and 25 mile per hour speed limit with normal speed violation rates. 178 Linden Park Traffic Analysis January 31, 2024 Page | 7 Table 2 Annual Average Daily Traffic (AADT) With the closure of Pine Avenue near the proposed Linden Park, its traffic would be diverted to the surrounding streets of Aspen Avenue and California Avenue. Based on StreetLight data, most of the traffic on Pine Avenue is through traffic. Some of the roadways in the study area, such as Cypress Avenue, 8th Lane and 7th Lane are one-way streets. Westbound traffic on Pine Avenue coming from Airport Boulevard or Cypress Avenue would divert to Aspen Avenue to connect to Linden Avenue. Eastbound traffic on Pine Avenue would divert to California Avenue via Linden Avenue. The roadways around the proposed park are currently operating at LOS A/B and therefore would be able to accommodate the additional traffic that would be diverted from Pine Avenue. It is unlikely that traffic diverted from Pine Avenue would cause significant traffic delays/congestion along these roadways. Table 3 below summarizes the AM and PM peak hour delays at intersections around the proposed park (also see Figure 5). The AM and PM peak hour volumes were obtained from the StreetLight 2019 database, excluding weekends. All intersections surrounding the project site are unsignalized intersections that are operating at level of service (LOS) C or better. These intersections are operating below their capacity, and thus have additional capacity to accommodate traffic that would be diverted from the Pine Avenue closure. # Roadway # Total Lanes Direction Classification 1 2019 AADT 2 LOS 3 1 Linden Avenue 2 North/South Collector 4,076 A 2 Pine Avenue 2 East/West Local 1,238 B 3 California Avenue 2 East/West Local 1,275 B 4 Aspen Avenue 2 East/West Local 589 A 5 8th Lane 1 Eastbound Local 195 A 6 7th Lane 1 Westbound Local 284 A 7 Cypress Avenue 1 Northbound Local 463 A Notes 2 Based on "AADT" analysis in the StreetLight data platform. 3 Based on Highway Capacity Manual , Transportation Research Board, 2000. 1 Based on the "Mobility Network" in ShapeSSF 2040 General Plan. 179 Linden Park Traffic Analysis January 31, 2024 Page | 8 Table 3 Intersection Level of Service #IntersectionControl 1 LOS 4 AM 8.0 A PM 8.6 A AM 8.6 A PM 8.6 A AM 8.3 A PM 8.8 A AM 8.5 A PM 8.8 A AM 7.8 A PM 8.2 A AM 8.7 A PM 8.9 A AM 14.1 B PM 19.1 C AM 15.1 C PM 18.0 C Note: 1 AWSC = All-way stop control, OWSC = One-way stop control. 4 LOS is based on Highway Capacity Manual Methodology for unsignalized intersections. Existing Conditions 2 Peak Hour 3 Delay reported as seconds per vehicle. The delay shown is the weighted average delay for all movements at AWSC intersections. At OWSC intersections, delay for the stop controlled approach is shown. 2 Existing traffic counts are based on 2019 turning movement counts from StreetLight to reflect pre-COVID conditions. 5 Aspen Avenue & Linden Avenue Avg. Delay 3 (sec) 1 Pine Avenue & Linden Avenue AWSC 4 California Avenue & Cypress Avenue OWSC 2 Pine Avenue & Cypress Avenue OWSC 3 California Avenue & Linden Avenue AWSC AWSC 6 Aspen Avenue & Cypress Avenue OWSC 7 Pine Avenue & Airport Boulevard OWSC 8 California Avenue & Airport Boulevard OWSC 180 Lin d e n A v e Pine A v e Cy p r e s s A v e 6th Ln Lux Av e Aspen A v e 8th Ln 7th Ln Califor n i a A v e Oli v e A v e Hic k o r y P l Junipe r A v e Du b u q u e A v e Ar m o u r A v e 1 3 4 8 7 2 6 5 101 Air p o r t B l v d Air p o r t B l v d 589 195 284 46 3 8,0 3 7 1,238 1,001 802 4,0 7 6 1,038 1,275 Air p o r t B l v d X = Study Intersection = Roadway AADTXXX Estimated Roadway AADT is from Street Light Data = Site Location LEGEND Linden Park TransportaƟon Analysis Figure 4 2019 Roadway AADT 181 Lin d e n A v e Pine A v e Cy p r e s s A v e 6th Ln Lux Av e Aspen A v e 8th Ln 7th Ln Califor n i a A v e Oli v e A v e Hic k o r y P l Junipe r A v e Du b u q u e A v e Ar m o u r A v e 8(8 ) 10 6 ( 1 8 5 ) 5(1 8 ) 17 ( 4 ) 14 3 ( 1 6 0 ) 7(9 ) 6(26) 34(40) 0(12) 7(7) 26(16) 16(4) 0(2 ) 13 ( 2 6 ) 4(8 ) 52(70 ) 3(6) 4(5) 33(37 ) 4(1 9 ) 79 ( 1 6 0 ) 1(8 ) 112 ( 1 4 4 ) 2(9 ) 12(6) 8(0)27(7) 12(2) 23(9) 2(1 4 ) 20 ( 3 0 ) 25(11) 8(3 5 ) 269 ( 4 6 3 ) 533 ( 6 1 1 ) 20( 3 7 ) 26(19) 23(9) 1 3 4 8 7 2 6 5 101 Air p o r t B l v d Air p o r t B l v d Air p o r t B l v d 28( 2 5 ) 257 ( 4 6 8 ) 529 ( 5 7 4 ) 36( 4 5 ) 20(26) 11(15) X = Study Intersection = Site Location LEGEND = AM(PM) Peak-Hour Traffic Volumes 2019 Intersection Volumes are from Street Light Data XX(XX) Linden Park TransportaƟon Analysis Figure 5 2019 Intersection Volumes 4(8 ) 94 ( 1 8 1 ) 7(6 ) 5(5 ) 13 5 ( 1 5 0 ) 5(4 ) 7(9) 15(32) 4(15) 5(4) 30(15) 8(5) 0(2 ) 10( 1 4 ) 10( 1 0 ) 30(64) 11(21) 44(26) 182 Linden Park Traffic Analysis January 31, 2024 Page | 11 Alternative 3 – Pine Avenue Closure with Alley Under this alternative, Pine Avenue would be closed off to vehicular traffic like in alternative 2 but instead of providing a roundabout for westbound traffic on Pine Avenue to turn around, a one-way alley would be provided along the eastern boundary of the park that would connect to 7th Lane. Westbound vehicles on Pine Avenue would make a left-turn onto the new alley and a right-turn onto 7th Lane to connect to Linden Avenue. It is likely that use of the alley, connecting to another alley would add delay for westbound traffic, so some traffic may divert. Also, eastbound through traffic on Pine Avenue would divert to California Avenue. Even if all traffic is diverted, as with alternative 2, traffic operations would be fine along the roadways near the proposed park. Traffic diversion under this alternative would be similar to alternative 2. Alternative 4 – Partial Closure of Pine Avenue Under this alternative, Pine Avenue would be kept open except when special events are conducted at the park. During special events, Pine Avenue near the park would be closed to vehicular traffic using temporary barricades. As special events would primarily be conducted during holidays or weekends, partial closure of Pine Avenue is not expected to cause any significant operational delays or queues on adjacent roadways. Emergency access to properties on Pine Avenue east of Linden Park was evaluated. Emergency vehicles would need to make a U-turn on Pine Avenue near the closure after responding to an emergency. The current roadway width on Pine Avenue is 32 feet curb-to-curb and a turn-around would not be possible for emergency vehicles. However, since temporary barricades would be used to close Pine Avenue during special events, the barricades could be moved if necessary. Conclusions Traffic analysis of the proposed Linden Park alternatives shows that all alternatives would be feasible to implement. The option with the raised speed table would have the least impact on traffic on adjacent streets. Alternatives 2 and 3 with closure of Pine Avenue with a roundabout or a one- way alley, respectively, on the east end of the park would cause through traffic on Pine Avenue to detour to the surrounding streets. Analysis of the existing roadway volumes and intersection operations during weekday peak hours showed that the roadways and intersections surrounding the park are operating well below capacity and therefore could accommodate additional traffic that would be diverted from Pine Avenue. No significant operational issues are anticipated for the Pine Avenue closure alternatives. The roundabout and the one-way alley that would be provided on the east end of the park on Pine Avenue should be designed to accommodate large trucks including fire apparatus under both these alternatives. Under the Pine Avenue partial closure alternative, Pine Avenue would be closed to through traffic only during special events, during which traffic would be diverted to adjacent streets. As special events would be conducted during holidays and weekends, no significant operational delays are expected to occur in the study area. However, the feasibility of maintaining access to emergency vehicles during special events to properties along Pine Avenue should be evaluated under the partial closure alternative. 183 Appendix A LOS Calculations 184 HCM 7th AWSC 1: Linden Avenue & Pine Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 1 Intersection Intersection Delay, s/veh 8 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 30 8 7 15 4 4 94 7 5 135 5 Future Vol, veh/h 53087154494751355 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 533981644102851475 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1111 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1111 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1111 HCM Control Delay, s/veh 7.8 7.7 7.9 8.1 HCM LOSAAAA Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 4% 12% 27% 3% Vol Thru, % 90% 70% 58% 93% Vol Right, % 7% 19% 15% 3% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 105 43 26 145 LT Vol 4575 Through Vol 94 30 15 135 RT Vol 7845 Lane Flow Rate 114 47 28 158 Geometry Grp 1111 Degree of Util (X) 0.132 0.058 0.036 0.181 Departure Headway (Hd) 4.153 4.477 4.548 4.138 Convergence, Y/N Yes Yes Yes Yes Cap 850 805 792 856 Service Time 2.243 2.478 2.55 2.219 HCM Lane V/C Ratio 0.134 0.058 0.035 0.185 HCM Control Delay, s/veh 7.9 7.8 7.7 8.1 HCM Lane LOS AAAA HCM 95th-tile Q 0.5 0.2 0.1 0.7 185 HCM 7th TWSC 2: Cypress Avenue & Pine Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 44 0 0 30 11 0 10 10 0 0 0 Future Vol, veh/h 0 44 0 0 30 11 0 10 10 0 0 0 Conflicting Peds, #/hr000000000000 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 222222222222 Mvmt Flow 0 48 0 0 33 12 0 11 11 0 0 0 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 45 0 - - - 0 80 92 48 Stage 1 ------4848- Stage 2 ------3345- Critical Hdwy 4.12-----6.426.526.22 Critical Hdwy Stg 1 ------5.425.52- Critical Hdwy Stg 2 ------5.425.52- Follow-up Hdwy 2.218-----3.5184.0183.318 Pot Cap-1 Maneuver 1564 - 0 0 - - 922 798 1021 Stage 1 - - 0 0 - - 975 855 - Stage 2 - - 0 0 - - 990 858 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1564 -----92201021 Mov Cap-2 Maneuver - - - - - - 922 0 - Stage 1 - - - - - - 975 0 - Stage 2 - - - - - - 990 0 - Approach EB WB NB HCM Control Delay, s/v 0 0 8.6 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBL EBT WBT WBR Capacity (veh/h) 1021 1564 - - - HCM Lane V/C Ratio 0.021 ---- HCM Control Delay (s/veh) 8.6 0 - - - HCM Lane LOS A A - - - HCM 95th %tile Q(veh) 0.1 0 - - - 186 HCM 7th AWSC 3: California Avenue & Linden Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 3 Intersection Intersection Delay, s/veh 8.3 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 7 26 16 6 34 0 8 106 5 17 143 7 Future Vol, veh/h 7 26 16 6 34 0 8 106 5 17 143 7 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 8 28 17 7 37 0 9 115 5 18 155 8 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1111 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1111 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1111 HCM Control Delay, s/veh 7.9 8 8.2 8.5 HCM LOSAAAA Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 7% 14% 15% 10% Vol Thru, % 89% 53% 85% 86% Vol Right, % 4% 33% 0% 4% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 119 49 40 167 LT Vol 8 7 6 17 Through Vol 106 26 34 143 RT Vol 51607 Lane Flow Rate 129 53 43 182 Geometry Grp 1111 Degree of Util (X) 0.156 0.067 0.057 0.217 Departure Headway (Hd) 4.341 4.513 4.721 4.309 Convergence, Y/N Yes Yes Yes Yes Cap 828 795 760 839 Service Time 2.356 2.532 2.741 2.309 HCM Lane V/C Ratio 0.156 0.067 0.057 0.217 HCM Control Delay, s/veh 8.2 7.9 8 8.5 HCM Lane LOS AAAA HCM 95th-tile Q 0.6 0.2 0.2 0.8 187 HCM 7th TWSC 4: California Avenue & Cypress Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 4 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 33 0 0 52 3 0 13 4 0 0 0 Future Vol, veh/h 4 33 0 0 52 3 0 13 4 0 0 0 Conflicting Peds, #/hr000000000000 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 222222222222 Mvmt Flow 436005730144000 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 60 0 - - - 0 101 104 36 Stage 1 ------4545- Stage 2 ------5760- Critical Hdwy 4.12-----6.426.526.22 Critical Hdwy Stg 1 ------5.425.52- Critical Hdwy Stg 2 ------5.425.52- Follow-up Hdwy 2.218-----3.5184.0183.318 Pot Cap-1 Maneuver 1544 - 0 0 - - 897 786 1037 Stage 1 - - 0 0 - - 978 858 - Stage 2 - - 0 0 - - 966 845 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1544 -----89501037 Mov Cap-2 Maneuver - - - - - - 895 0 - Stage 1 - - - - - - 975 0 - Stage 2 - - - - - - 966 0 - Approach EB WB NB HCM Control Delay, s/v 0.79 0 8.54 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBL EBT WBT WBR Capacity (veh/h) 1037 195 - - - HCM Lane V/C Ratio 0.018 0.003 - - - HCM Control Delay (s/veh) 8.5 7.3 0 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0.1 0 - - - 188 HCM 7th AWSC 5: Linden Avenue & Aspen Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 5 Intersection Intersection Delay, s/veh 7.8 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2712231280479101122 Future Vol, veh/h 2712231280479101122 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 2913251390486101222 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1 1 1 1 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1 1 1 1 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1 1 1 1 HCM Control Delay, s/veh 7.7 7.7 7.8 7.9 HCM LOSAAA A Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 5% 44% 60% 0% Vol Thru, % 94% 19% 40% 98% Vol Right, % 1% 37% 0% 2% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 84 62 20 114 LT Vol 4 27 12 0 Through Vol 79 12 8 112 RT Vol 12302 Lane Flow Rate 91 67 22 124 Geometry Grp 1111 Degree of Util (X) 0.106 0.081 0.028 0.143 Departure Headway (Hd) 4.186 4.301 4.607 4.148 Convergence, Y/N Yes Yes Yes Yes Cap 844 838 781 853 Service Time 2.275 2.302 2.61 2.229 HCM Lane V/C Ratio 0.108 0.08 0.028 0.145 HCM Control Delay, s/veh 7.8 7.7 7.7 7.9 HCM Lane LOS AAAA HCM 95th-tile Q 0.4 0.3 0.1 0.5 189 HCM 7th TWSC 6: Cypress Avenue & Aspen Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 6 Intersection Int Delay, s/veh 4.6 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 25 0 2 20 0 0 Future Vol, veh/h 25 0 2 20 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length ------ Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 27 0 2 22 0 0 Major/Minor Minor2 Major1 Conflicting Flow All 26 - 0 0 Stage 1 0 - - - Stage 2 26 - - - Critical Hdwy 6.42 - 4.12 - Critical Hdwy Stg 1 - - - - Critical Hdwy Stg 2 5.42 - - - Follow-up Hdwy 3.518 - 2.218 - Pot Cap-1 Maneuver 989 0 - - Stage 1 - 0 - - Stage 2 996 0 - - Platoon blocked, % - Mov Cap-1 Maneuver 989 - - - Mov Cap-2 Maneuver 989 - - - Stage 1 - - - - Stage 2 996 - - - Approach EB NB HCM Control Delay, s/v 8.74 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 Capacity (veh/h) - - 989 HCM Lane V/C Ratio - - 0.027 HCM Control Delay (s/veh) - - 8.7 HCM Lane LOS - - A HCM 95th %tile Q(veh) - - 0.1 190 HCM 7th TWSC 7: Airport Boulevard & Pine Avenue 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 7 Intersection Int Delay, s/veh 0.9 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 26 23 8 269 533 20 Future Vol, veh/h 26 23 8 269 533 20 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length - - 80 - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 28 25 9 292 579 22 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 754 301 601 0 - 0 Stage 1 590 ----- Stage 2 164 ----- Critical Hdwy 6.84 6.94 4.14 - - - Critical Hdwy Stg 15.84----- Critical Hdwy Stg 25.84----- Follow-up Hdwy 3.52 3.32 2.22 - - - Pot Cap-1 Maneuver 345 696 972 - - - Stage 1 517 ----- Stage 2 849 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 342 696 972 - - - Mov Cap-2 Maneuver 342 ----- Stage 1 512 ----- Stage 2 849 ----- Approach EB NB SB HCM Control Delay, s/v14.09 0.25 0 HCM LOS B Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 972 - 449 - - HCM Lane V/C Ratio 0.009 - 0.119 - - HCM Control Delay (s/veh) 8.7 - 14.1 - - HCM Lane LOS A - B - - HCM 95th %tile Q(veh) 0 - 0.4 - - 191 HCM 7th TWSC 8: California Avenue & Airport Boulevard 01/17/2024 2019 AM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Page 8 Intersection Int Delay, s/veh 0.8 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 20 11 28 257 529 36 Future Vol, veh/h 20 11 28 257 529 36 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length - - 80 - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 22 12 30 279 575 39 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 795 307 614 0 - 0 Stage 1 595 ----- Stage 2 201 ----- Critical Hdwy 6.84 6.94 4.14 - - - Critical Hdwy Stg 15.84----- Critical Hdwy Stg 25.84----- Follow-up Hdwy 3.52 3.32 2.22 - - - Pot Cap-1 Maneuver 325 689 961 - - - Stage 1 514 ----- Stage 2 813 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 315 689 961 - - - Mov Cap-2 Maneuver 315 ----- Stage 1 498 ----- Stage 2 813 ----- Approach EB NB SB HCM Control Delay, s/v15.11 0.87 0 HCM LOS C Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 961 - 390 - - HCM Lane V/C Ratio 0.032 - 0.086 - - HCM Control Delay (s/veh) 8.9 - 15.1 - - HCM Lane LOS A - C - - HCM 95th %tile Q(veh) 0.1 - 0.3 - - 192 HCM 7th AWSC 1: Linden Avenue & Pine Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 1 Intersection Intersection Delay, s/veh 8.6 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 15 5 9 32 15 8 181 6 5 150 4 Future Vol, veh/h 4 15 5 9 32 15 8 181 6 5 150 4 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 4 16 5 10 35 16 9 197 7 5 163 4 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1111 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1111 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1111 HCM Control Delay, s/veh 8 8.1 8.8 8.5 HCM LOSAAAA Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 4% 17% 16% 3% Vol Thru, % 93% 63% 57% 94% Vol Right, % 3% 21% 27% 3% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 195 24 56 159 LT Vol 8495 Through Vol 181 15 32 150 RT Vol 6 5 15 4 Lane Flow Rate 212 26 61 173 Geometry Grp 1111 Degree of Util (X) 0.254 0.035 0.079 0.209 Departure Headway (Hd) 4.315 4.773 4.689 4.356 Convergence, Y/N Yes Yes Yes Yes Cap 835 751 765 826 Service Time 2.33 2.798 2.713 2.372 HCM Lane V/C Ratio 0.254 0.035 0.08 0.209 HCM Control Delay, s/veh 8.8 8 8.1 8.5 HCM Lane LOS AAAA HCM 95th-tile Q 1 0.1 0.3 0.8 193 HCM 7th TWSC 2: Cypress Avenue & Pine Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 2 Intersection Int Delay, s/veh 1.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 26 0 0 64 21 2 14 10 0 0 0 Future Vol, veh/h 0 26 0 0 64 21 2 14 10 0 0 0 Conflicting Peds, #/hr000000000000 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 222222222222 Mvmt Flow 0 28 0 0 70 23 2 15 11 0 0 0 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 92 0 - - - 0 98 121 28 Stage 1 ------2828- Stage 2 ------7092- Critical Hdwy 4.12-----6.426.526.22 Critical Hdwy Stg 1 ------5.425.52- Critical Hdwy Stg 2 ------5.425.52- Follow-up Hdwy 2.218-----3.5184.0183.318 Pot Cap-1 Maneuver 1502 - 0 0 - - 901 770 1047 Stage 1 - - 0 0 - - 994 872 - Stage 2 - - 0 0 - - 953 818 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1502 -----90101047 Mov Cap-2 Maneuver - - - - - - 901 0 - Stage 1 - - - - - - 994 0 - Stage 2 - - - - - - 953 0 - Approach EB WB NB HCM Control Delay, s/v 0 0 8.63 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBL EBT WBT WBR Capacity (veh/h) 1019 1502 - - - HCM Lane V/C Ratio 0.028 ---- HCM Control Delay (s/veh) 8.6 0 - - - HCM Lane LOS A A - - - HCM 95th %tile Q(veh) 0.1 0 - - - 194 HCM 7th AWSC 3: California Avenue & Linden Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 3 Intersection Intersection Delay, s/veh 8.8 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 7 16 4 26 40 12 8 185 18 4 160 9 Future Vol, veh/h 7 16 4 26 40 12 8 185 18 4 160 9 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 8 17 4 28 43 13 9 201 20 4 174 10 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1111 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1111 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1111 HCM Control Delay, s/veh 8.2 8.5 9.1 8.8 HCM LOSAAAA Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 4% 26% 33% 2% Vol Thru, % 88% 59% 51% 92% Vol Right, % 9% 15% 15% 5% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 211 27 78 173 LT Vol 8 7 26 4 Through Vol 185 16 40 160 RT Vol 18 4 12 9 Lane Flow Rate 229 29 85 188 Geometry Grp 1111 Degree of Util (X) 0.279 0.04 0.115 0.232 Departure Headway (Hd) 4.377 4.944 4.877 4.436 Convergence, Y/N Yes Yes Yes Yes Cap 821 723 734 810 Service Time 2.401 2.982 2.91 2.46 HCM Lane V/C Ratio 0.279 0.04 0.116 0.232 HCM Control Delay, s/veh 9.1 8.2 8.5 8.8 HCM Lane LOS AAAA HCM 95th-tile Q 1.1 0.1 0.4 0.9 195 HCM 7th TWSC 4: California Avenue & Cypress Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 4 Intersection Int Delay, s/veh 2.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 5 37 0 0 70 6 2 26 8 0 0 0 Future Vol, veh/h 5 37 0 0 70 6 2 26 8 0 0 0 Conflicting Peds, #/hr000000000000 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length ------------ Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 222222222222 Mvmt Flow 540007672289000 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 83 0 - - - 0 127 134 40 Stage 1 ------5151- Stage 2 ------7683- Critical Hdwy 4.12-----6.426.526.22 Critical Hdwy Stg 1 ------5.425.52- Critical Hdwy Stg 2 ------5.425.52- Follow-up Hdwy 2.218-----3.5184.0183.318 Pot Cap-1 Maneuver 1515 - 0 0 - - 867 757 1031 Stage 1 - - 0 0 - - 971 852 - Stage 2 - - 0 0 - - 947 826 - Platoon blocked, % - - - Mov Cap-1 Maneuver 1515 -----86401031 Mov Cap-2 Maneuver - - - - - - 864 0 - Stage 1 - - - - - - 968 0 - Stage 2 - - - - - - 947 0 - Approach EB WB NB HCM Control Delay, s/v 0.88 0 8.78 HCM LOS A Minor Lane/Major Mvmt NBLn1 EBL EBT WBT WBR Capacity (veh/h) 993 214 - - - HCM Lane V/C Ratio 0.039 0.004 - - - HCM Control Delay (s/veh) 8.8 7.4 0 - - HCM Lane LOS A A A - - HCM 95th %tile Q(veh) 0.1 0 - - - 196 HCM 7th AWSC 5: Linden Avenue & Aspen Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 5 Intersection Intersection Delay, s/veh 8.2 Intersection LOS A Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 72960019160801449 Future Vol, veh/h 72960019160801449 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, % 222222222222 Mvmt Flow 8210700211749015710 Number of Lanes 010010010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 1 1 1 1 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1 1 1 1 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1 1 1 1 HCM Control Delay, s/veh 7.6 8 8.4 8.1 HCM LOSAAA A Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, % 10% 39% 100% 0% Vol Thru, % 86% 11% 0% 94% Vol Right, % 4% 50% 0% 6% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 187 18 6 153 LT Vol 19760 Through Vol 160 2 0 144 RT Vol 8909 Lane Flow Rate 203 20 7 166 Geometry Grp 1111 Degree of Util (X) 0.231 0.025 0.009 0.189 Departure Headway (Hd) 4.098 4.513 4.954 4.096 Convergence, Y/N Yes Yes Yes Yes Cap 870 798 727 868 Service Time 2.155 2.513 2.955 2.161 HCM Lane V/C Ratio 0.233 0.025 0.01 0.191 HCM Control Delay, s/veh 8.4 7.6 8 8.1 HCM Lane LOS AAAA HCM 95th-tile Q 0.9 0.1 0 0.7 197 HCM 7th TWSC 6: Cypress Avenue & Aspen Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 6 Intersection Int Delay, s/veh 1.8 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 11 0 14 30 0 0 Future Vol, veh/h 11 0 14 30 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length ------ Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 12 0 15 33 0 0 Major/Minor Minor2 Major1 Conflicting Flow All 63 - 0 0 Stage 1 0 - - - Stage 2 63 - - - Critical Hdwy 6.42 - 4.12 - Critical Hdwy Stg 1 - - - - Critical Hdwy Stg 2 5.42 - - - Follow-up Hdwy 3.518 - 2.218 - Pot Cap-1 Maneuver 943 0 - - Stage 1 - 0 - - Stage 2 960 0 - - Platoon blocked, % - Mov Cap-1 Maneuver 943 - - - Mov Cap-2 Maneuver 943 - - - Stage 1 - - - - Stage 2 960 - - - Approach EB NB HCM Control Delay, s/v 8.87 HCM LOS A Minor Lane/Major Mvmt NBL NBTEBLn1 Capacity (veh/h) - - 943 HCM Lane V/C Ratio - - 0.013 HCM Control Delay (s/veh) - - 8.9 HCM Lane LOS - - A HCM 95th %tile Q(veh) - - 0 198 HCM 7th TWSC 7: Airport Boulevard & Pine Avenue 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 7 Intersection Int Delay, s/veh 0.7 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 19 9 35 463 611 37 Future Vol, veh/h 19 9 35 463 611 37 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length - - 80 - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 21 10 38 503 664 40 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 1012 352 704 0 - 0 Stage 1 684 ----- Stage 2 328 ----- Critical Hdwy 6.84 6.94 4.14 - - - Critical Hdwy Stg 15.84----- Critical Hdwy Stg 25.84----- Follow-up Hdwy 3.52 3.32 2.22 - - - Pot Cap-1 Maneuver 236 644 889 - - - Stage 1 462 ----- Stage 2 702 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 225 644 889 - - - Mov Cap-2 Maneuver 225 ----- Stage 1 443 ----- Stage 2 702 ----- Approach EB NB SB HCM Control Delay, s/v19.14 0.65 0 HCM LOS C Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 889 - 285 - - HCM Lane V/C Ratio 0.043 - 0.107 - - HCM Control Delay (s/veh) 9.2 - 19.1 - - HCM Lane LOS A - C - - HCM 95th %tile Q(veh) 0.1 - 0.4 - - 199 HCM 7th TWSC 8: California Avenue & Airport Boulevard 01/17/2024 2019 PM Peak Hour Volumes 2:16 pm 01/08/2024 Baseline Synchro 12 Report Hexagon Page 8 Intersection Int Delay, s/veh 0.8 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 26 15 25 468 574 45 Future Vol, veh/h 26 15 25 468 574 45 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length - - 80 - - - Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - - 0 0 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 28 16 27 509 624 49 Major/Minor Minor2 Major1 Major2 Conflicting Flow All 957 336 673 0 - 0 Stage 1 648 ----- Stage 2 309 ----- Critical Hdwy 6.84 6.94 4.14 - - - Critical Hdwy Stg 15.84----- Critical Hdwy Stg 25.84----- Follow-up Hdwy 3.52 3.32 2.22 - - - Pot Cap-1 Maneuver 256 659 914 - - - Stage 1 482 ----- Stage 2 718 ----- Platoon blocked, % - - - Mov Cap-1 Maneuver 248 659 914 - - - Mov Cap-2 Maneuver 248 ----- Stage 1 468 ----- Stage 2 718 ----- Approach EB NB SB HCM Control Delay, s/v 18 0.46 0 HCM LOS C Minor Lane/Major Mvmt NBL NBTEBLn1 SBT SBR Capacity (veh/h) 914 - 321 - - HCM Lane V/C Ratio 0.03 - 0.139 - - HCM Control Delay (s/veh) 9.1 - 18 - - HCM Lane LOS A - C - - HCM 95th %tile Q(veh) 0.1 - 0.5 - - 200 1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com Environmental Summary Report 616 and 700 Linden Avenue South San Francisco, California City of South San Francisco 33 Arroyo Drive | South San Francisco, California 94080 August 30, 2024 | Project No. 403151010 Geotechnical | Environmental | Construction Inspection & Testing | Forensic Engineering & Expert Witness Geophysics | Engineering Geology | Laboratory Testing | Industrial Hygiene | Occupational Safety | Air Quality | GIS 201 1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com August 30, 2024 Project No. 403151010 Mr. Philip Vitale City of South San Francisco 33 Arroyo Drive South San Francisco, California 94080 Subject: Environmental Summary Report 616 and 700 Linden Avenue South San Francisco, California Dear Mr. Vitale: Ninyo & Moore prepared this Environmental Summary Report (Report) for the above referenced City of South San Francisco (City) properties located at 616 and 700 Linden Avenue in South San Francisco, California (site). This Report summarizes the historical investigations completed at both properties, and evaluates the investigation findings in the context of the site’s planned use as a City park. We appreciate the opportunity to be of service to the City on this project. If you have any questions or comments regarding this Report, please contact the undersigned at your convenience. Sincerely, NINYO & MOORE $XJXVW $XJXVW Aubrey K. Cool, PG 7659 Principal Geologist Scott Bittinger, PG 7477 Senior Geologist SGB/AKC/gvr 202 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 i CONTENTS 1 EXECUTIVE SUMMARY 1 2 INTRODUCTION 2 3 HISTORICAL ENVIRONMENTAL INVESTIGATIONS 2 3.1 Closed Underground Storage Tank Case – 616 Linden Avenue 2 3.2 Targeted Brownfields Assessment – 616 and 700 Linden Avenue 2 3.3 Supplemental Site Investigations – 616 Linden Avenue 4 4 FINDINGS 4 4.1 616 Linden Avenue 4 4.1.1 Soil Conditions 4 4.1.2 Soil Vapor Conditions 5 4.2 700 Linden Avenue 5 5 CONCLUSIONS 6 6 LIMITATIONS 7 7 REFERENCES 9 TABLES 1 – Soil Analytical Results 2 – Soil Vapor Analytical Results FIGURES 1 – Site Location 2 – Site Plan 203 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 1 1 EXECUTIVE SUMMARY The City of South San Francisco (City) intends to redevelop two adjoining properties of land, located at 616 and 700 Linden Avenue and totaling 0.66 acre, into a park. Extensive environmental investigation work has been performed at 616 Linden Avenue, where motor vehicle fuels had been historically stored and dispensed. Some of the work was performed to meet regulatory requirements, and some of the work was performed out of an abundance of caution. During removal of fuel underground storage tanks (USTs) at 616 Linden Avenue, petroleum hydrocarbons were detected in soil. With oversight from representatives of San Mateo County Groundwater Protection Program (GPP), in the late 1990s and early 2000s, 440 cubic yards of soil were excavated and hauled off site to a landfill, removing most of the petroleum hydrocarbon contamination from the property. The area was then backfilled with imported fill material, and after follow up testing, the County GPP closed the environmental case in 2001. Prior to redevelopment, historical property uses were evaluated using the Phase I and II Environmental Site Assessment process on both properties in 2021, which is common when changes in property use or ownership occurs or as an initial investigation step. With the new property use as a park considered, supplemental site investigations were completed at 616 Linden Avenue in June 2023 and February 2024. Shallow soil samples were collected and analyzed for petroleum hydrocarbons and lead. The State of California has established risk-based screening levels specifically for former UST cases. Lead is commonly detected in soil, and State regulatory agencies have established toxicologically-based screening levels to assess safe lead concentrations for different property uses. The supplemental testing and evaluation of the soil data confirms that 616 Linden Avenue is acceptable for use as a park. At 700 Linden Avenue, shallow soil samples were collected in 2021, composited, and tested for the presence of lead as review of historical site use identified lead as the only likely potential contaminant on that property. Based on the OHDGGDWD, the property is safe for use as a park. 204 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 2 2 INTRODUCTION Ninyo & Moore prepared this Environmental Summary Report (Report) on behalf of the City of South San Francisco (City) for the properties located at 616 and 700 Linden Avenue in South San Francisco, California (site). The 616 Linden Avenue property is a 0.32-acre lot, located on the southeastern corner of Linden Avenue and Pine Avenue, South San Francisco (Figure 1). It is currently used as a parking lot. The 700 Linden Avenue property is a 0.34-acre vacant, vegetated lot, located on the northeastern corner of Linden Avenue and Pine Avenue, South San Francisco (Figure 1). The surrounding area is mixed residential and commercial land use. Redevelopment into a City park is planned for the subject site, and park design is underway. This Report was prepared to summarize the historical environmental data collected at both properties and assess whether residual contamination affects the planned use as a City park. 3 HISTORICAL ENVIRONMENTAL INVESTIGATIONS 3.1 Closed Underground Storage Tank Case – 616 Linden Avenue Volonte Automotive, a repair shop, operated at the 616 Linden Avenue property from the 1940s through the early 2000s. The layout of the property is depicted on Figure 2. A leaking underground storage tank cleanup case was opened under San Mateo County Groundwater Protection Program (GPP) oversight following removal of one gasoline UST and one waste oil UST in 1993, and the detection of petroleum hydrocarbons in soil below the USTs. According to the case closure summary (GPP, 2001), approximately 440 tons of soil were excavated and disposed of off site following the UST removals, to remove the petroleum hydrocarbon impacted soil from the property. Groundwater monitoring and sampling was then conducted through January 2001 to assess the shallow groundwater for the presence of petroleum hydrocarbons. GPP confirmed that the investigation and remedial action were satisfactorily completed and closed the case in September 2001. 3.2 Targeted Brownfields Assessment – 616 and 700 Linden Avenue Working under a United States Environmental Protection Agency (EPA) Targeted Brownfields Assessment (TBA) grant, consultants retained by the EPA conducted Phase I and Phase II Environmental Site Assessments (ESAs) for several sites in South San Francisco in 2021, including the subject sites. 205 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 3 The Phase I ESA, which is a record search, identified the following recognized environmental conditions (RECs) at the site: x Vapor intrusion potential from residual petroleum hydrocarbons (616 Linden Avenue); x Possible presence of additional USTs (616 Linden Avenue); x Possible contamination from a former dry cleaner at 612 Linden Avenue (616 Linden Avenue); and x Potential historical aerially deposited lead (700 Linden Avenue). According to the Final Phase I/Phase II ESA TBA Report, the Phase II ESA did not identify any additional USTs at 616 Linden Avenue, but it did identify a buried concrete structure containing metal and elevated lead concentrations in soil. During the Phase II ESA, which consisted of soil and soil vapor sample collection, the EPA consultant collected three soil samples and five soil gas samples at 616 Linden Avenue. The soil sample analyzed for petroleum hydrocarbons contained up to 930 milligrams per kilogram (mg/kg) total petroleum hydrocarbons (TPH) as motor oil, 560 mg/kg TPH as diesel (TPHd) and 43 mg/kg TPH as gasoline (TPHg). Lead was detected in soil at concentrations ranging from 43.8 to 239 mg/kg. Low concentrations of polyaromatic hydrocarbons (PAHs; benzo(a)anthracene, phenanthrene, and pyrene) were also detected in soil. Of these, only the TPHd detections and one lead detection (from the buried concrete structure) exceeded San Francisco Bay Regional Water Quality Control Board (Regional Water Board) environmental screening levels (ESLs) for direct contact with soil under residential land use. In soil vapor, the following volatile organic compounds (VOCs) were detected: 1.2 to 68,000 micrograms per cubic meter (Pg/m3) benzene, 1.3 to 46,000 Pg/m3 ethylbenzene, 10 to 83,000 Pg/m 3 toluene, 5.2 to 230,000 Pg/m3 total xylenes, 1,400 to 3,000 Pg/m3 1,2-dichloroethane (1,2-DCA), and 1.8 Pg/m3 tetrachloroethene. Some of the benzene, ethylbenzene, toluene, total xylenes (BTEX) and 1,2-DCA concentrations exceeded Regional Water Board ESLs for vapor intrusion to residential indoor air. Four composite soil samples were collected at 700 Linden Avenue and analyzed for lead, which was detected at concentrations ranging from 24 to 52 mg/kg. These concentrations are below Regional Water Board ESLs for direct contact with soil under residential land use, thus confirming suitability for use as a park. Analytical results and regulatory screening levels are presented on Tables 1 and 2, and sample locations are shown on Figure 2. 206 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 4 3.3 Supplemental Site Investigations – 616 Linden Avenue With the objective of evaluating risk to future receptors under the scenario of redeveloping the subject site into a park, Ninyo & Moore consulted with the GPP and conducted a Supplemental Site Investigation (SSI) at the 616 Linden Avenue property in June 2023 to collect additional soil data. Ninyo & Moore advanced seven borings (B1 through B7) to assess whether current site soil conditions meet State Water Resources Control Board’s (State Water Board’s) Low-Threat Underground Storage Tank Case Closure Policy (Low-Threat Closure Policy) direct contact and outdoor air exposure criteria (which requires testing for benzene, ethylbenzene, naphthalene, and PAHs in the upper 10 feet of the subsurface). Additionally, soil samples were analyzed for lead and results were compared to residential Regional Water Board ESLs. Benzene, ethylbenzene, naphthalene, and PAHs were not detected in any samples. Lead was detected in all samples analyzed for lead, at concentrations ranging from 10.9 mg/kg in sample B3-3 to 71.0 mg/kg in B1- 1. None of these detections exceeded the residential ESL of 80 mg/kg for direct soil contact. To determine if TPH remained in soil at levels that warranted excavation and removal from the property, and to characterize soil for potential disposal, Ninyo & Moore conducted another SSI and advanced eight soil borings (B8 through B15) in February 2024. TPHd was detected in all samples at concentrations ranging from 3.23 mg/kg in sample B8-3 to 29.2 mg/kg in B9-4; these detections are below the residential ESL of 260 mg/kg for direct soil contact. TPHg was not detected in any of the samples. Lead was detected in all samples, at concentrations ranging from 12.6 mg/kg in sample B13-5 to 80.0 mg/kg in B9-2. The detection in B9-2, equaled the residential ESL of 80 mg/kg, but no detections exceeded it. The analytical data and regulatory screening levels are shown on Table 1, and sample locations are shown on Figure 2. 4 FINDINGS 4.1 616 Linden Avenue 4.1.1 Soil Conditions Total petroleum hydrocarbons (TPHs) were detected in soil samples collected during the EPA and Ninyo & Moore investigations. Total petroleum hydrocarbons as diesel (TPHd) detections in one sample location only (616-SB-4) collected in 2021 exceeded the Regional Water Board environmental screening level (ESL) for direct soil contact with residential land use. Subsequent samples collected across the 616 Linden Avenue property showed significantly lower concentrations. Additionally, the TPH analytical results show that existing soil 207 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 5 conditions satisfy Low-Threat Closure Policy criteria for a bioattenuation zone, which would support biodegradation of petroleum hydrocarbon vapors. Volatile organic compounds (VOCs) were not detected in any samples collected during the EPA or Ninyo & Moore investigations. PAHs were detected at low concentrations in one sample location during the EPA investigation in 2021. They were not detected in samples collected across the 616 Linden Avenue property during Ninyo & Moore’s investigation in 2023, and no detections exceeded regulatory screening levels. Lead was detected in soil samples collected at the 616 Linden Avenue property at concentrations ranging from 10.9 to 239 mg/kg. The only concentration that exceeded the Regional Water Board ESL for direct soil contact with residential land use of 80 mg/kg was from soil within the buried concrete structure. 4.1.2 Soil Vapor Conditions As discussed above, volatile organic compounds (VOCs); specifically benzene, ethylbenzene, toluene, total xylenes and 1,2-dichloroethane; were detected in soil vapor samples at concentrations that exceeded Regional Water Board ESLs for vapor intrusion to residential indoor air. The benzene and ethylbenzene detections also exceeded State Water Board Low-Threat Closure Policy criteria for residential soil gas concentrations with no bioattenuation zone. Note that these regulatory screening levels only apply to scenarios with residential indoor air. 4.2 700 Linden Avenue The Phase I Environmental Site Assessment records search, which reviewed historical site use, identified lead as the only contaminant of potential concern as this property, because there were no USTs or other known sources of contamination. Lead was detected in soil samples collected at 700 Linden Avenue at concentrations ranging from 24 to 52 mg/kg. These concentrations are below Regional Water Board ESLs for direct contact with soil under residential land use. 208 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 6 5 CONCLUSIONS Multiple investigations have been conducted on the site properties, soil and soil vapor samples have been collected, and the analytical results have been compared to applicable regulatory screening levels. The analytical results for 616 Linden Avenue show that existing soil conditions satisfy the State Water Board Low-Threat Closure Policy criteria for residential direct contact and outdoor air, and lead concentrations in shallow soil are equal to or below residential ESLs. Therefore, there is not significant risk posed by site soils, and additional excavation and off-hauling of soil is not necessary to allow for property redevelopment as a park to proceed. Prior to park construction, a Site Management Plan (SMP) will be prepared and submitted to San Mateo County Groundwater Protection Program (GPP) for review. This Plan will describe recommended steps necessary to ensure safety of workers, residents and park users during construction. It will also describe procedures that will be followed if petroleum hydrocarbon impacted soils are encountered during construction, although this is not expected. Further, any soils planned for off-haul to a landfill will be tested and disposed of accordingly. The City plans to remove the lead-impacted soil located within the buried concrete structure at 616 Linden Avenue that was identified during the Phase II Environmental Site Assessment. This work will be proposed in the SMP described above and submitted to the San Mateo County Groundwater Protection Program for review. The soil vapor contamination identified at 616 Linden Avenue does not affect redevelopment into a park, because the screening levels apply to residential indoor air. If any buildings are planned, they can be placed on the 700 Linden Avenue property without restrictions. If buildings are proposed at the 616 Linden Avenue property, additional investigation can be conducted or mitigation measures, such as a vapor intrusion mitigation system (VIMS) can be implemented. There are no known environmental issues or restrictions for redevelopment at the 700 Linden Avenue property. 209 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 7 6 LIMITATIONS The environmental services described in this report have been conducted in general accordance with current regulatory guidelines and the standard-of-care exercised by environmental consultants performing similar work in the project area. No warranty, expressed or implied, is made regarding the professional opinions presented in this report. Variations in site conditions may exist and conditions not observed or described in this report may be encountered during subsequent activities. Please also note that this assessment did not include an evaluation of geotechnical conditions or potential geologic hazards. Ninyo & Moore's opinions and recommendations regarding environmental conditions, as presented in this report, are based on limited subsurface assessment and chemical analysis. Further assessment of potential adverse environmental impacts from past on-site and/or nearby use of hazardous materials may be accomplished by a more comprehensive assessment. The samples collected and used for testing, and the observations made, are believed to be representative of the area(s) evaluated; however, conditions can vary significantly between sampling locations. Variations in soil and/or groundwater conditions will exist beyond the points explored in this evaluation. The environmental interpretations and opinions contained in this report are based on the results of laboratory tests and analyses intended to detect the presence and concentration of specific chemical or physical constituents in samples collected from the subject site. The testing and analyses have been conducted by an independent laboratory which is certified by the State of California to conduct such tests. Ninyo & Moore has no involvement in, or control over, such testing and analysis. Ninyo & Moore, therefore, disclaims responsibility for any inaccuracy in such laboratory results. Ninyo & Moore’s conclusions, recommendations and opinions are based on an analysis of the observed site conditions. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes and standards of practice may occur due to government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. 210 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 8 This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires any additional information, or has questions regarding content, interpretations presented, or completeness of this document. This report is intended exclusively for use by the client. Any use or reuse of the findings, conclusions and/or recommendations of this report by parties other than those noted is undertaken at said parties’ sole risk. 211 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 9 7 REFERENCES Ninyo and Moore, 2023. Supplemental Site Investigation Report; 616 Linden Avenue, South San Francisco, California. September 21. Ninyo and Moore, 2024. Supplemental Site Investigation No. 2 Report; 616 Linden Avenue, South San Francisco, California. March 27. San Francisco Bay Regional Water Quality Control Board, 2019. Environmental Screening Levels. Rev. 2. San Mateo County Groundwater Protection Agency (GPP), 2001. Case Closure of One 1,000 Gallon Gasoline UST and One 250 Gallon Waste Oil UST Formerly Located at Volonte Automotive, 616 Linden Avenue, South San Francisco, California, SMCo Site #550097. September 27. State Water Resources Control Board, 2012. Low-Threat UST Case Closure Policy. August 17. Toeroek Associates, Inc. and Tetra Tech, Inc., 2021. Final Phase I/Phase II Environmental Site Assessment Targeted Brownfields Assessment Report, South San Francisco, CA. July 2. 212 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 Appendix A Photographic Documentation TABLES 213 Table 1 – Soil Analytical Results TPHmo TPHd TPHg Benzene Ethylbenzene Naphthalene Cadmium Chromium Lead Nickel Zinc (ft bgs) 616-SB-4-03022021 3/2/2021 4-5 930 560 43 J -- -- ND<0.0086 0.582 95.1 47.4 88.7 308 a 616-SB-4-03022021-D 3/2/2021 4-5 510 300 14 -- -- ND<0.0059 0.520 J 93.8 43.8 87.9 266 b 616-EC-03012021 3/1/2021 temp stockpile -- -- -- -- -- -- 0.991 J 80.0 239 52.6 397 J -- 616-SB-7-03012021 3/1/2021 3-3.4 -- -- -- -- -- -- ND<0.110 87.4 67.6 67.6 330 -- B1-1 6/30/2023 1 -- -- -- ND<0.0081 ND<0.0081 ND<0.0081 -- -- 71.0 -- -- ND B1-6 6/30/2023 6 -- -- -- ND<0.0079 ND<0.0079 ND<0.0079 -- -- -- -- -- ND B2-2 6/30/2023 2 -- -- -- ND<0.0093 ND<0.0093 ND<0.0093 -- -- 40.9 -- -- ND B2-6 6/30/2023 6 -- -- -- ND<0.0090 ND<0.0090 ND<0.0090 -- -- -- -- -- ND B3-3 6/30/2023 3 -- -- -- ND<0.0087 ND<0.0087 ND<0.0087 -- -- 10.9 -- -- ND B3-5 6/30/2023 5 -- -- -- ND<0.0081 ND<0.0081 ND<0.0081 -- -- -- -- -- ND B4-4 6/30/2023 4 -- -- -- ND<0.0088 ND<0.0088 ND<0.0088 -- -- 17.2 -- -- ND B4-8 6/30/2023 8 -- -- -- ND<0.0092 ND<0.0092 ND<0.0092 -- -- -- -- -- ND B5-1 6/30/2023 1 -- -- -- ND<0.0083 ND<0.0083 ND<0.0083 -- -- 52.5 -- -- ND B5-9 6/30/2023 9 -- -- -- ND<0.0081 ND<0.0081 ND<0.0081 -- -- -- -- -- ND B6-2 6/30/2023 2 -- -- -- ND<0.0085 ND<0.0085 ND<0.0085 -- -- 34.0 -- -- ND B6-6 6/30/2023 6 -- -- -- ND<0.0088 ND<0.0088 ND<0.0088 -- -- -- -- -- ND B7-3 6/30/2023 3 -- -- -- ND<0.0080 ND<0.0080 ND<0.0080 -- -- 42.8 -- -- ND B7-7 6/30/2023 7 -- -- -- ND<0.0083 ND<0.0083 ND<0.0083 -- -- -- -- -- ND B8-1 2/22/2024 1 -- 10.8 x ND<0.098 ND<0.0098 ND<0.0098 ND<0.0098 -- -- 58.5 -- -- -- B8-3 2/22/2024 3 -- 3.23 x ND<0.10 ND<0.010 ND<0.010 ND<0.010 -- -- 46.4 -- -- -- B9-2 2/22/2024 2 -- 15.2 x ND<0.083 ND<0.0097 ND<0.0097 ND<0.0097 -- -- 80.0 -- -- -- B9-4 2/22/2024 4 -- 29.2 x ND<0.095 ND<0.0095 ND<0.0095 ND<0.0095 -- -- 53.0 -- -- -- B10-2 2/22/2024 2 -- 4.56 x ND<0.090 ND<0.0090 ND<0.0090 ND<0.0090 -- -- 60.5 -- -- -- B10-5 2/22/2024 5 -- 3.51 x ND<0.074 ND<0.0074 ND<0.0074 ND<0.0074 -- -- 35.2 -- -- -- B11-0.5 2/22/2024 0.5 -- 17.6 x ND<0.088 ND<0.0088 ND<0.0088 ND<0.0088 -- -- 46.9 -- -- -- B11-4 2/22/2024 4 -- 5.90 x ND<0.096 ND<0.0096 ND<0.0096 ND<0.0096 -- -- 26.6 -- -- -- B12-1 2/22/2004 1 -- 8.32 x ND<0.10 ND<0.010 ND<0.010 ND<0.010 -- -- 23.6 -- -- -- B12-3 2/22/2024 3 -- 4.32 x ND<0.10 ND<0.010 ND<0.010 ND<0.010 -- -- 29.6 -- -- -- B13-2 2/22/2024 2 -- 3.58 x ND<0.065 ND<0.0065 ND<0.0065 ND<0.0065 -- -- 35.6 -- -- -- B13-5 2/22/2024 5 -- 9.65 x ND<0.095 ND<0.0095 ND<0.0095 ND<0.0095 -- -- 12.6 -- -- -- B14-1 2/22/2024 1 -- 8.90 x ND<0.062 ND<0.0062 ND<0.0062 ND<0.0062 -- -- 39.8 -- -- -- B14-3 2/22/2024 3 -- 3.45 x ND<0.092 ND<0.0092 ND<0.0092 ND<0.0092 -- -- 31.6 -- -- -- B15-2 2/22/2024 2 -- 6.94 x ND<0.079 ND<0.0079 ND<0.0079 ND<0.0079 -- -- 61.5 -- -- -- B15-5 2/22/2024 5 -- 3.24 x ND<0.075 ND<0.0075 ND<0.0075 ND<0.0075 -- -- 44.1 -- -- -- 700-SS-1-03042021 3/4/2021 0-0.5 -- -- -- -- -- -- -- -- 38 -- -- -- 700-SS-2-03042021 3/4/2021 0-0.5 -- -- -- -- -- -- -- -- 52 -- -- -- 700-SS-3-03042021 3/4/2021 0-0.5 -- -- -- -- -- -- -- -- 33 -- -- -- 700-SS-4-03042021 3/4/2021 0-0.5 -- -- -- -- -- -- -- -- 24 -- -- -- Screening Levels NE NE NE 1.9 21 9.7 NE NE NE NE NE 0.063 NE NE NE 2.8 32 9.7 NE NE NE NE NE NE 12,000 260 430 NA NA NA 78 NE 80 320 23,000 NA Notes: ID - identification TPHs - total petroleum hydrocarbons VOCs - volatile organic compounds, analyzed using United States Environmental Protection Agency (US EPA) Method 8260B Metals analyzed using US EPA Method 6010B PAHs - polyaromatic hydrocarbons, analyzed using US EPA Method 8270C TPHmo - TPH as motor oil analyzed using US EPA Method 8015B TPHd - TPH as diesel analyzed using US EPA Method 8015B TPHg - TPH as gasoline analyzed using US EPA Method 8260B ft bgs – feet below ground surface mg/kg – milligrams per kilogram -- not anaylized ND<X – analyte not detected at or above the laboratory reporting limit X ND - not detected; see laboratory report for specific chemicals and reporting limits a - 0.012 mg/kg benzo(a)anthracene, 0.013 mg/kg phenanthrene, and 0.01 mg/kg pyrene (estimated values) b - 0.007 mg/kg benzo(a)anthracene, 0.0075 mg/kg phenanthrene, and 0.007 mg/kg pyrene (estimated values) J - estimated value x - diesel value the result of overlap of oil range into diesel range 2 - San Francisco Bay Regional Water Quality Control Board environmental screening levels (ESLs), Direct Exposure Human Health Risk Levels (Table S-1), Residential: Shallow Soil Exposure, 2019 (Rev. 2) NE - screening level not established NA - screening level not applicable Bold indicates concentration exceeds screening level 1 - Low-Threat Underground Storage Tank Case Closure Policy, Concentrations of Petroleum Constituents in Soil That Will Have No Significant Risk of Adversely Affecting Human Health (Table 1) PAHsSample ID Date Collected Residential ESLs2 Depth LTCP Volatilization to outdoor air (5 to 10 ft bgs)1 VOCs LTCP Residential (0 to 5 ft bgs)1 (mg/kg) MetalsTPHs 616 Linden Avenue 700 Linden Avenue Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August , 2024 1 214 Table 2 – Soil Vapor Analytical Results Helium Oxygen 1,2-Dichloroethane Benzene Ethylbenzene Total Xylenes Naphthalene Tetrachloroethene Toluene (ft bgs) 616-SG-1-03122021 3/12/2021 5 <0.0037 1.4 1,400 9,500 19,000 64,000 ND<790 -- 660 616-SG-2-03042021 3/4/2021 5 <0.0047 2.6 3,000 68,000 46,000 230,000 ND<1,000 --83,000 616-SG-3-03122021 3/12/2021 5 <0.0040 15 ND<0.042 1.2 1.3 5.2 ND<0.26 -- 10 616-SG-4-03042021 3/4/2021 5 <0.0051 1.2 ND<540 4,400 ND<580 ND<580 ND<2,200 -- ND<500 616-SG-6-03042021 3/4/2021 5 <0.0050 7.8 ND<0.17 16 23 140 ND<1.1 1.8 98 Screening Levels NE NE NE 85 1,100 NE 93 NE NE NE NE 3.6 3.2 37 3,500 2.8 15 10,000 Notes: ID - identification Fixed Gases analyzed using ASTM D-1946 VOCs - volatile organic compounds, analyzed using United States Environmental Protection Agency (US EPA) Method TO-15 ft bgs – feet below ground surface % - percent Pg/m3 – microrams per cubic meter -- not anaylized ND<X – analyte not detected at or above the laboratory reporting limit X 2 - San Francisco Bay Regional Water Quality Control Board environmental screening levels (ESLs), Subslab/Soil Gas, Vapor Intrusion: Human Health Risk Levels (Table SG-1), Residential, 2019 (Rev. 2) NE - screening level not established NA - screening level not applicable Bold indicates concentration exceeds screening level Detected VOCs tabulated VOCs PPg/m3 616 Linden Avenue 1 - Low-Threat Underground Storage Tank Case Closure Policy, Soil Gas Sampling - No Bioattenuation Zone (Appendix 4, Scenario 4 - Direct Measure of Soil Gas Concentrations [1 of 2]) Fixed Gases % LTCP Residential1 Residential ESLs2 Sample ID Date Collected Depth Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August , 2024 1 215 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 3. Description Appendix A Photographic Documentation Appendix A Photographic Documentation FIGURES 216 SITE /,1'(1 SITE /,1'(1 SITE LOCATION Geotechnical & Environmental Sciences Consultants FIGURE 1 NOTE: DIMENSIONS, DIRECTIONS, AND LOCATIONS ARE APPROXIMATE I REFERENCE: USGS, 2018 0 SCALE (FEET) 2,000 4,000 N 40 3 1 5 1 0 1 0 . d w g 0 7 / 2 3 / 2 0 2 4 A E K 616 AND 700 LINDEN AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 403151010 I 07/24 217 U U U U U U U U U U U 3,1($ 9 ( /,1 ' ( 1  $ 9 ( WK/1 HISTORICAL GROUNDWATER FLOW DIRECTION FORMER RESIDENCES FORMER BUILDING FORMER AUTO REPAIR SHOP U U U U B1 B2 B4 B3 B6B5 B7 SB-7 SG-6 SG-3SG-2 SG-1 SB-4/ SG-4B9 B11 B12 B10 B14 B15 B8 B13 WK/1 SS-2SS-1 SS-3 SS-4 /,1'(1$9( /,1'(1$9( SITE PLAN Geotechnical & Environmental Sciences Consultants FIGURE 2 0 SCALE (FEET) 25 50 N 40 3 1 5 1 0 1 0 . d w g 0 7 / 2 3 / 2 0 2 4 A E K LEGEND SITE BOUNDARY 616 AND 700 LINDEN AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 403151010 I 07/24 SOIL AND SOIL GAS SAMPLE (TETRATECH, 2021)SB-4/ SG-4 SOIL GAS SAMPLE (TETRATECH, 2021)SG-1 UNKNOWN UTILITY LINEUUUU FORMER MONITORING WELL SOIL SAMPLE (TETRATECH, 2021)SB-7 SOIL BORING (N&M, 2023)B1 NOTE: DIMENSIONS, DIRECTIONS, AND LOCATIONS ARE APPROXIMATE REFERENCES: GOOGLE EARTH, 2023; TETRA TECH 2021 FORMER PIEZOMETER CONCRETE SUBSURFACE STRUCTURE APPARENT BACKFILLED EXCAVATION DETECTED WITH GPR EM61-GPR ANAMOLY FORMER BUILDING NOTES: EM61 = ELECTROMAGNETIC 61 GPR = GROUND PENETRATING RADAR UST = UNDERGROUND STORAGE TANK SOIL BORING (N&M, 2024)B8 COMPOSITED SOIL SAMPLE (TETRATECH, 2021)SS-1 218 Ninyo & Moore | 616 and 700 Linden Avenue, South San Francisco, California 94080 | 403151010 | August 30, 2024 1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH ninyoandmoore.com 219 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1065 Agenda Date:10/23/2024 Version:1 Item #:8. Report presenting preliminary Fiscal Year (FY) 2023-24 Year End results and FY 2024-25 First Quarter Financial Report as of September 30, 2024 (Karen Chang, Director of Finance) RECOMMENDATION Staff requests that the City Council of the City of South San Francisco (“City”) receive this report on the FY 2023-24 Year End and FY 2024-25 First Quarter as of September 30, 2024. Due to the formatting limitations of the City’s Agenda Management platform, the full staff report accompanying this agenda item is being attached as Attachment 1 of this report. City of South San Francisco Printed on 11/14/2024Page 1 of 1 powered by Legistar™220 City of South San Francisco Page 1 of 13  File#: Agenda Date: 10/23/2024 Version: 1 Item #: Report presenting preliminary Fiscal Year (FY) 2023-24 Year End and FY 2024-25 First Quarter Financial Report as of September 30, 2024 (Karen Chang, Director of Finance) RECOMMENDATION Staff requests that the City Council of the City of South San Francisco (“City”) receive this report on the FY 2023-24 Year End and FY 2024-25 First Quarter as of September 30, 2024. BACKGROUND/DISCUSSION This financial review summarizes the preliminary year-end results for FY 2023-24 and presents the first quarter financial results for FY 2024-25. As the City closes out FY 2023-24, we are refining our revenue and expenditure estimates for the General Fund, alongside assessing the anticipated impact on reserves. The year-end process involves a comprehensive evaluation of all financial transactions to ensure accurate reporting of revenues and expenditures. This includes reconciling accounts, assessing outstanding liabilities, and preparing for the Annual Comprehensive Financial Report (ACFR). While final numbers will be confirmed after our annual audit, the narratives below will address significant deviations in major revenues and expenditures compared to the estimates that were presented during the budget approval process in May and June. For the current Fiscal Year, this quarterly update serves as a critical tool for the City Council and the public, providing transparency and oversight of the City’s financial health. By reviewing actual revenues and expenditures against the approved budget, we can identify trends, monitor fiscal performance, and ensure accountability. This process allows for timely adjustments to be made if necessary.For FY 2024-25, this report analyzes revenues collected and expenditures through September 30, 2024, to evaluate our operational adherence to the budget. On June 12, 2024, the City Council approved the FY 2024-25 budgets for the General, Special Revenue, Enterprise, and Internal Service Funds. These budgets outline the annual expenditure and resource allocation plan that guides the implementation of City Council policies and priorities. They ensure funding for a wide range of services that meet community needs, aligning with Council priorities. This year, given the budgeted structural deficit in the General Fund, this update provides greater salience to financial stability and long-term sustainability. The First Quarter Financial Report, as of September 30, 2024, will provide comparisons to the City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA 221 City of South San Francisco Page 2 of 13  previous year and highlight variances from the planned revenue and expenditure allocations. I. FY 2023-24 Year End and Reserves Update A. Revenue Review B. Expenditure Review C. Year End Estimated Reserves Review II. Current Fiscal Year (FY 2024-25) Update A. General Fund Revenues – 1st Quarter B. General Fund Expenditures – 1st Quarter /͘ &zϮϬϮϯͲϮϰzZEͲZ^Zs^KsZs/tΘKE^/Zd/KE^ The City concluded FY 2023-24 in a significantly stronger financial position than initially anticipated. Total revenue is estimated at $155.0 million, while expenditures stand at $140.8 million, resulting in a net surplus of $14.2 million—substantially higher than previously projected. This positive outcome is largely due to an unexpected increase in property tax revenue, detailed below, which has exceeded initial forecasts. Given that property tax assessments are managed by the County, accurate forecasting has been challenging. Table 1 below shows the summary of the revenue and expenditures of the projected year close revenues and expenditures: 222 City of South San Francisco Page 3 of 13 Table 1: Estimated FY 2023-24 Year End vs FY 2022-23 LQPLOOLRQV Adjusted Budget Actual as of 6/30/2023 % of budget Adjusted Budget Actual as of 6/30/2024 % of budget REVENUES Taxes Property Tax $45.8 $54.0 118% $49.3 $56.4 114% Sales Tax 22.4 21.7 97% 22.0 23.6 108% Transient Occupancy Tax 14.2 16.4 116% 14.0 14.9 107% Other Tax 5.7 8.1 142% 6.7 7.1 107% Franchise Fees 4.6 5.2 114% 4.6 5.3 116% License and Permits Building 16.6 16.4 99% 9.4 10.0 107% Fire 2.8 4.0 143% 3.1 3.8 123% Other 0.0 0.0 0% 0.0 0.2 0% Fines & Forfeitures 0.7 0.8 106% 0.7 0.5 69% Intergovernmental 4.3 3.6 82% 7.8 6.5 84% Charges for Services Planning 0.3 0.5 194% 0.7 0.7 106% Fire 2.6 4.5 171% 3.9 4.8 122% Parks & Recreation 2.8 3.8 135% 3.7 4.2 112% Police 1.0 1.3 128% 1.2 1.3 103% Other 0.0 0.1 167% 0.0 0.0 230% Inter-Fund Admin Charge 1.5 1.5 101% 2.0 2.0 101% Use of Money & Property 5.5 (0.3) -6% 4.5 7.1 159% Other Revenues 0.3 0.4 127% 0.3 0.3 101% Transfers In 6.2 5.3 86% 9.0 6.3 71% TOTAL REVENUES $137.3 $147.1 107% $142.7 $155.0 109% EXPENDITURES City Council $0.3 $0.2 93% $0.3 $0.3 112% City Clerk 1.2 1.0 89% 1.1 1.0 87% City Treasurer 0.2 0.0 21% 0.1 0.2 128% City Attorney 0.9 1.2 130% 1.1 1.7 155% City Manager 5.3 3.8 72% 4.5 3.4 76% Finance 4.4 3.1 70% 3.9 3.3 84% Non expense/Dept 2.9 9.4 161% 1.9 2.0 100% Human Resources 2.7 2.2 83% 2.8 2.6 92% Economic & Comm Development 15.6 11.8 75% 15.1 11.1 74% Fire 33.4 35.5 106% 36.8 36.7 100% Police 34.5 36.3 105% 37.4 37.1 99% Public Works 8.6 7.9 92% 14.2 10.1 71% Library 7.3 6.5 89% 8.0 7.7 96% Parks and Recreation 22.9 20.5 90% 25.8 22.9 88% CIP 3.8 0.7 18% 4.4 0.7 17% TOTAL EXPENDITURES $143.9 $140.2 97% $157.4 $140.8 89% Revenue in excess of Expenditures (6.7) 7.0 (14.7) 14.2 Information Technology*5.2 3.8 72% 5.0 4.2 82% * Non-General Fund: budgeted as internal service fund in Fund 785 FY 2022-23 FY 2023-24 223 City of South San Francisco Page 4 of 13 $Revenue Review The following is a review of the largest deviations from budget: Property Tax. The City's allocation of property tax revenue, which includes residual property tax from the dissolution of the former Redevelopment Agency (RDA) and return of excess collections from the Educational Revenue Augmentation Fund (ERAF), which are local property revenues that have been diverted by the State of California to offset its obligationtofundpublic schools since 1992, significantly exceeded staff projections. This unexpected increase of approximately $7 million was primarily driven by higher-than- anticipated returns from ERAF shifts and residential property tax increment that is allocated to the RDA is greater than anticipated. These components of the City’s property tax allocation are particularly challenging to forecast, as they depend on countywide property valuations and taxes. Staff were not informed of this revenue increase until July. To improve forecasting accuracy moving forward, staff will collaborate with the County Assessor’s Office to analyze the underlying factors contributing to these deviations and determine whether these effects are one-time occurrences orindicativeofan ongoing trend. Staff further recommends that the City enter into an agreement in the near future with a property tax consultant that will enable staff to more accurately project these specific elements of property tax revenues. License and Permits.Revenue from licenses and permits has proved difficult to forecast; mid-year adjustments had ledstafftoreducethe revenue projection for licenses and permits by $4.5 million. However, actual revenue ended up exceeding the revised budget by $1.5 million, although it remains $3 million below the original adopted budget. It is primarily building inspection and fire prevention driving the favorable revenue YDULDQFH. This fluctuation highlights the unpredictability of this revenue stream, which is influenced by varying levels of economic activity and development projects. However, the increase is a positive sign that development may be returning to the City. Use of Money & Property. Revenue from this category has surpassed expectations, largely due to market interest rate reductions anticipated in June 2024, which resulted in an increase in the value of the City’s bond holdings. Part of this increase reflects the City’s strategic decision tomaintaina managed portfolio thatanticipated these changes, extending the duration of its investments to maximize potential returns. Transfers In & Intergovernmental. Transfers In and Intergovernmental revenue is provided to fund specific projects. If these projects are not completed within the current fiscal year, the associated revenue is deferred to future periods, which explains the shortfall in these two revenue sources. %Expenditure Review The following is a review of the largest deviations from budget: CIP.In FY 2023-24, only 16.8% of the budgeted capital for the General Fund was completed. While this appears to reflect immediate savings, it's important to note that unspent project budgets are rolled forward to the next fiscal year. As a result, these savings 224 City of South San Francisco Page 5 of 13 represent a draw on future reserves rather than a reduction in operational expenses, meaning they do not provide the same flexibility as operational savings. There is $3.9 million in budget capital rolling forward. Payroll. As part of the budget development process for FY 2023-24, staff assumed $3 million in salary savings. With this budgeted savings, payroll actuals were within 1% of budget. Supplies and Services. Supplies and Services show the greatest savings with only 65% of budget expended. However, as with CIP, unspent encumbrances represent a draw on future reserves. There are $7.8 million in encumbrances rolling forward from this expense category. With those approved expenGLWXUHV included, 87% of the budget is expended. Thedepartment with the largest impact on this adjustment is Public Works, which is why theyhave the greatest budget savings in the table above. C. Reserve Review FY 2023-24 began with an available unassigned fund balance in the General Fund of $21 million. Given the additional revenue and expenditure savings the estimated year end, available unassigned fund balance in the General Fund is $34.8 million. This is an increase of $13.8 million. This is slightly less than the net savings, due to the increase in the General Reserves, explained below. During the year, General Fund revenues, excluding Measure W, totaled $155.0 million. In line with the City’s Reserve Policy, which mandates maintaining a minimum of 20 percent of operating revenues, the General Fund reserves were increased by approximately $1.2 million, rising from $28.5 million to $29.7 million. This General Reserve amount remains unchanged throughout the fiscal year. The Pension Stabilization Reserve, established by the Council, has benefited from the rising interest rate environment to $5.8 million. Additionally, the Infrastructure Reserves are $6.7 million. The total General Fund reserves are estimated at $77.1 million. Table 2 below summarizes the City’s projected reserves as of June 30, 2024: Table 2: Projected City Reserves Summary as of 6-30-2024 (in millions) General Reserves (20%)$29.7 Pension Stabilization Reserves 5.8 Infrastructure Reserves 6.7 Total Reserve Levels $43.6 Available Unassigned GF Fund Balance 34.8 Reserves & Surplus Fund Balance $77.1 Feedback on use of increased reserves Staff is seeking City Council feedback on the allocation of $13.8 million in additional unassigned reserves. Options for consideration include: 225 City of South San Francisco Page 6 of 13 x Setting aside $8 million to offset the City’s project deficit for FY 2024-25 x Allocating $2 million to the Pension Stabilization Reserve x Allocating $1 million to address increasing legal liabilities in the Workers' Compensation Fund x Allocating $1.6 million to support the Vehicle Replacement Program x Using a portion to relieve the Measure W share of the deficit burden Based on Council's input, staff will return with an updated Reserve Policy to formalize these allocations. hZZEd&/^>zZ;&zϮϬϮϰͲϮϱͿhWd The General Fund accounts for the City’s tax revenues as well as the cost of core operations of the City. The adjusted FY 2024-25 General Fund budget projects revenues totaling $137.6 million, and expenditures totaling $145.6 million, which includes the 5 percent cuts requested for all departments. The following sections show the revenue and expenditure results as of September 30, 2024. A. General Fund Revenues –1st Quarter The following table shows 1 st quarter actual revenues, including a comparative view of where the City’s revenues were at the same time last year: 226 City of South San Francisco Page 7 of 13 Table 3: 1st Quarter FY 2023-24 vs. FY 2024-25 Revenues LQPLOOLRQV The following are the highlights revenue categories for the FY 2024-25 revenue budget. 1.Property Tax. Base revenues are on track for this year’s budget. The City just received the County levy letter providing the first update to the project property tax revenue. The news has been good, and there is potential for an increase in expected revenue, this will be reviewed as part of mid-year update. Further, City will be working with County to determine if the unexpected increase in FY 2023-24 will be ongoing or one-timewhich could result in a IDYRUDEOH change to the projected revenue. Additionally, the City received the State's backfilling of FY 2022-23 VLF shortfall of $3.0 million in August and had recorded it as FY 2024-25 revenue, which could result in a revision during mid-year budget review. Adjusted Budget Actual as of 9/30/2023 % of budget Adjusted Budget Actual as of 9/30/2024 % of budget REVENUES Taxes Property Tax $48.0 $0.0 0% $50.2 $2.9 6% Sales Tax 23.4 2.3 10% 23.2 1.6 7% Transient Occupancy Tax 14.9 2.4 16% 14.5 2.7 19% Other Tax 7.0 0.7 10% 6.7 1.1 16% Franchise Fees 4.6 0.6 12% 6.2 0.4 6% License and Permits Building 13.9 3.0 22% 10.9 2.3 21% Fire 3.0 1.0 34% 2.3 0.7 30% Other 0.0 0.0 0% 0.0 0.0 0% Fines & Forfeitures 0.7 0.1 13% 0.9 0.1 7% Intergovernmental 4.2 1.7 41% 2.8 1.1 40% Charges for Services Planning 0.5 0.1 27% 0.4 0.5 133% Fire 2.7 1.0 37% 3.7 0.9 24% Parks & Recreation 3.7 0.9 24% 3.4 0.8 24% Police 1.2 0.3 21% 1.1 0.3 31% Other 0.0 0.0 60% 0.0 0.0 60% Inter-Fund Admin Charge 2.0 0.5 25% 2.0 0.0 0% Use of Money & Property 3.9 0.7 18% 4.5 0.3 6% Other Revenues 0.3 0.0 12% 0.3 0.3 95% Transfers In 8.7 0.5 6% 4.7 0.0 0% TOTAL REVENUES $142.9 $15.9 11% $137.6 $15.9 12% FY 2023-24 FY 2024-25 227 City of South San Francisco Page 8 of 13 2.Sales Tax.There is a two-month lag from when sales taxes are remitted by businesses to the California Department of Tax and Fee Administration (CDTFA) and when the CDTFA remits the City’s share of sales tax revenues. Given that, the City has only seen one month of revenue data for this fiscal year. Therefore, there is not enough data to provide an update at this time. A more actionable review will be provided as part of the mid-year report and budget update. 3.Transient Occupancy Tax (TOT).TOT is somewhat seasonal, which is why it is good to compare the percentage to the prior year at the end of the 1st Quarter. While the budget was only a slight increase over the prior year, actuals at quarter end are higher this year. While no adjustment is recommended yet, this is a good sign for a revenue source that continues to lag post pandemic. 4.Other Taxes. Other taxes include real property transfer tax, business license tax, and commercial parking tax. Real property transfer tax is showing no change from the prior year. Business license tax is up $85,000 from the prior year, however, with the vast majority of revenue anticipated in January and the business license tax ballot measure still before the voters, this revenue forecast remains unchanged. Finally, the commercial parking tax has increased when compared to last year. Staff will continue to monitor the trend and will have more information during the mid-year review. 5.Licenses & Permits. & Services Charges These revenues are charged by departments for services provided to the public. These revenues are difficult to forecast but are slightly higher in aggregate than prior year and budget thus far. In particular, the planning department has collected slightly higher than anticipated revenues thus far this year. Part of Service Charges includes the interdepartmental overhead revenue charged by the General Fund to the restricted funds. This is a budgeted amount that transferred from the restricted funds to the General Funds on a scheduled basis. 6.Intergovernmental. This revenue source represents grants and other outside funding sources. The budget is generally updated throughout the year as new grants are awarded to the City. 7.Use of Money and Property. The revenue for this item comes in irregularly. If the Federal Open Market Committee (FOMC) continues to lower the federal funds rate in response to a cooling economy, the value of the City’s investments will continue to increase. Staff will continue to monitor the FOMC’s actions and coordinate with our investment advisory firm to best position the investment portfolio. B. General Fund Expenditures –1st Quarter 228 City of South San Francisco Page 9 of 13 Payroll.Payroll represents 79% of total operational expenditures. For the City of South San Francisco, the vast majority of payroll costs are neither seasonal nor concentrated. Instead, it is evenly spread throughout the fiscal year. As a result, a comparison to prior year is less informative than on the revenue side. As a result, the table below reports the percent spent relative to the amended budget. For FY 2024-25, the California Public Employees’ Retirement System (CalPERS) offers a discount of 3.40% for SD\LQJ WKHthe unfunded accrued liability (UAL)LQOXPS VXPDWWKHEHJLQQLQJRIWKHILVFDO\HDU, which represents theamortized cost of investment gains/losses, changes in actuarial assumptions, etc. For everydeviation in assumptions and actual results, such as the return on investment (ROI)compared to the discount rate, mortality, and inflation, an amortization base is generatedthat CalPERS will include in the UAL calculation. An appropriate analogy for an amortization base is a home mortgage. In February 2018, CalPERS changed its actuarial practices to reduce the amortization period for amortization bases from 30 years to 20 years, which reduces the amount of interest that its member agencies pay on the amortization bases. For FY 2024-25, similar to previous years, if the City makes a lump- sum prepayment of our annual Unfunded Accrued Liability (UAL) in JulyWKH contributions FDQbe invested early in the fiscal year, maximizing potential investmentreturns. The City took advantage of this discount in FY 2024-25, recording an expenditureof $17.3 million in July 2024. The UAL cost is allocated to departments throughout theyear, reflecting 25% of their total allocation in this first quarter. The same approach applies to retiree health and workers' compensation expenses. Remaining benefit expenses derive from actual payroll figures, and salary expenses reflect actual payroll costs. Overtime expenditures are currently higher than budgeted, with 48% of the budget already expended. The majority of this increase is within the Fire Department, primarily due to mutual aid responses, which will be offset by reimbursement revenues from the California Office of Emergency Services (CalOES) and other emergency management government entities. In total, payroll (excluding overtime) for the General Fund is at 24% of budget following the first quarter. This aligns with first-quarter expectations. However, many departments developed their requested 5% reduction in expenses by freezing open positions for the first part of this year. Therefore, this first quarter includes the hiring delays, making the percent of budget closer. Althoughnational unemployment remains low,it has been gradually rising in theBay Area, potentially leading to greater employee retention amidst recent government retirements. Overall, this fiscal year might yield lower salary savings. Supplies and Services. This category is challenging to analyze after just one quarter of budget expenditures in the General Fund. Currently, no budget adjustments have been 229 City of South San Francisco Page 10 of 13 made to increase expenditures; all increases have utilized outside or restricted funding. 3.Inter-Departmental.Interdepartmental expenditures directly reflect budget allocations made by Finance throughout the year. Thus, as of September 30, 2024, expenses are at exactly 25% of budget. 230 City of South San Francisco Page 11 of 13 Table 4: FY 2022-23 vs. FY 2023-24 Expenditures as of September 30, 2024 LQPLOOLRQV Expenditures Adjusted Budget Actual as of 9/30/2023 % of budget Adjusted Budget Actual as of 9/30/2024 % of budget City Council Payroll 0.2 0.0 21% 0.2 0.0 23% Supplies & Services 0.0 0.0 27% 0.1 0.0 6% Interdepartmental Charges 0.0 0.0 25% 0.0 0.0 25% Total 0.3 0.1 23%0.3 0.1 20% City Clerk Payroll 1.0 0.2 18% 1.0 0.2 21% Supplies & Services 0.2 0.0 10% 0.2 0.0 10% Interdepartmental Charges 0.1 0.0 25% 0.1 0.0 25% Total 1.3 0.2 17%1.3 0.2 19% City Treasurer Payroll 0.0 0.0 19% 0.0 0.0 25% Supplies & Services 0.1 0.0 22% 0.1 0.0 17% Interdepartmental Charges 0.0 0.0 25% 0.0 0.0 25% Total 0.1 0.0 21%0.2 0.0 18% City Attorney Supplies & Services 1.1 0.1 9% 1.5 0.4 26% Interdepartmental Charges 0.0 0.0 25% 0.0 0.0 25% Total 1.1 0.1 9%1.5 0.4 26% City Manager Payroll 3.2 0.5 17% 2.6 0.6 25% Supplies & Services 1.6 0.1 7% 1.2 0.1 7% Interdepartmental Charges 0.1 0.0 25% 0.1 0.0 25% Total 5.0 0.7 14%3.9 0.8 19% Finance Payroll 3.3 0.6 17% 3.3 0.7 22% Supplies & Services 1.0 0.0 3% 0.5 0.0 8% Interdepartmental Charges 0.1 0.0 25% 0.1 0.0 25% Total 4.5 0.6 14%3.9 0.8 20% Non expense/Dept Supplies & Services 1.4 0.0 2% 1.4 0.6 43% Transfers 0.5 0.1 25% 0.5 0.0 0% Total Non-Expense/Dept.1.9 0.2 8%1.9 0.6 31% FY 2023-24 FY 2024-25 231 City of South San Francisco Page 12 of 13 Expenditures Adjusted Budget Actual as of 9/30/2023 % of budget Adjusted Budget Actual as of 9/30/2024 % of budget Human Resources Payroll 2.4 0.5 21% 2.4 0.6 26% Supplies & Services 0.6 0.1 10% 0.3 0.1 47% Interdepartmental Charges 0.1 0.0 25% 0.1 0.0 25% Total 3.0 0.6 19%2.7 0.8 28% Economic & Comm Development Payroll 5.5 1.4 25% 6.1 1.5 24% Supplies & Services 6.5 0.7 11% 2.4 0.4 15% Capital Outlay 0.1 0.0 0% 0.0 0.0 0% Interdepartmental Charges 0.4 0.1 25% 0.4 0.1 25% Total 12.4 2.2 17%8.9 1.9 22% Fire Payroll 28.2 7.7 27% 30.8 7.9 26% Supplies & Services 2.8 0.4 14% 3.4 0.2 7% Capital Outlay 0.4 0.0 0% 0.0 0.0 0% Interdepartmental Charges 2.3 0.6 25% 2.3 0.6 25% Total 33.6 8.6 26%36.5 8.7 24% Police Payroll 32.4 7.8 24% 33.2 7.9 24% Supplies & Services 1.8 0.3 19% 2.4 0.4 16% Interdepartmental Charges 2.6 0.7 25% 2.6 0.7 25% Total 36.8 8.9 24%38.3 8.9 23% Public Works Payroll 4.8 1.1 24% 5.4 1.3 24% Supplies & Services 7.0 0.6 9% 3.9 0.5 12% Capital Outlay 0.3 0.0 0% 0.0 0.0 0% Interdepartmental Charges 1.8 0.4 25% 1.8 0.4 25% Total 13.8 2.2 16%11.1 2.2 20% Library Payroll 6.4 1.4 21% 7.3 1.6 22% Supplies & Services 1.1 0.3 29% 0.8 0.4 44% Interdepartmental Charges 0.7 0.2 25% 0.7 0.2 25% Total 8.2 1.8 23%8.9 2.1 24% Parks and Recreation Payroll 19.2 4.0 21% 21.1 4.6 22% Supplies & Services 6.6 1.0 15% 4.0 1.0 26% Capital Outlay 0.1 0.0 50% 0.0 0.0 0% Interdepartmental Charges 1.3 0.3 25% 1.3 0.3 25% Total 27.1 5.3 19%26.4 6.0 23% CIP Transfers 4.4 0.0 0% 0.0 0.0 0% Total 4.4 0.0 0% 0.0 0.0 0% Total General Fund Expenditures $153.7 $31.4 20% $145.6 $33.5 23% FY 2023-24 FY 2024-25 232 City of South San Francisco Page 13 of 13 Conclusion The City’s stronger-than-anticipated financial performance at the close of FY 2023-24 has resulted in an additional $13.8 million in unassigned General Fund reserves, presenting a valuable opportunity for strategic financial planning. Staff propose setting aside $8 million of this surplus to establish a Budget Stabilization Reserve, which would provide a safeguard against future revenue shortfalls, thereby enhancing the City's ability to manage economic uncertainties. In addition to the Budget Stabilization Reserve, staff presents to the City Council with a range of options to consider,which include bolsteringthePension Stabilization Reserve, helping to mitigate the long-term cost of pension obligations; other potential uses include addressing the City's Workers' Compensation Fund liabilities, which would improve the City’s ability to manage risk and employee-related costs, or supporting the City’s Vehicle Replacement Program, ensuring that critical municipal services continue to operate efficiently with up-to-date resources. City Council's feedback on these proposed allocations is essential in shaping the City's financial strategy moving forward. Based on this input, staff will return with an updated Reserve Policy that formalizes these decisions and ensures that the City's reserves are positioned to both protect against economic fluctuations and address long-term financial obligations. This comprehensive approach will support the City's fiscal resilience and ability to meet ongoing community needs. The FY 2024-25 First Quarter Financial Report reflects a stable and positive financial position for the City, though the structural deficit remains. Revenues, including property tax, transient occupancy tax (TOT), and sales tax, are performing well, with license and permit revenues exceeding expectations due to increased development activity. On the expenditure side, payroll is generally on track, though higher overtime costs in the Fire Department will be offset by mutual aid reimbursement revenues. The City's overall financial health remains sound. Staff will continue to monitor these trends closely and provide a more comprehensive update during the mid-year review, ensuring that any necessary adjustments are made to maintain fiscal stability. Information Technology* Payroll 2.3 0.5 20% 2.2 0.5 25% Supplies & Services 2.7 0.4 14% 2.0 0.3 16% Interdepartmental Charges 0.0 0.0 25% 0.0 0.0 25% Total 5.0 0.9 17% 4.3 0.9 20% * Non-General Fund: budgeted as internal service fund in Fund 785 233 FY 2023-24 Preliminary Year End FY 2024-25 Q1 Financial Review Presentation to City Council Karen Chang, Director of Finance OCTOBER 23, 2024 234 'E ϭ FY 2023-24 Financial Update (Year End) Ϯ Reserve Status and Plan ϯ FY 2024-25 Financial Update (1st Quarter) ϰ Q&A 22235 General Fund Summary- FY 2023-24 ($ Millions) 3 Description Actual Revenues $155.0 Expenditures (140.8) Surplus $ 14.2 ϭFY 2023-24 Year End 236 &zϮϬϮϯͲϮϰ'ĞŶĞƌĂů&ƵŶĚZĞǀĞŶƵĞƐ 4 ϭFY 2023-24 Year End Property Tax • $7 M • RDA & ERAF • County License & Permit • $1.5 M • Fire & Building Use of $ • $2.5 M • High-interest rate environment 237 &zϮϬϮϯͲϮϰ'ĞŶĞƌĂů&ƵŶĚZĞǀĞŶƵĞƐďLJ^ŽƵƌĐĞ 5 ϭ Propertyy Tax 36% Saless Tax 15% Transientt Occupancyy Tax 10% Otherr Tax 5% Franchisee Fees 4% Licensee andd Permits 9% Finess && Forfeitures 0% Intergovernmental 4% Chargess forr Services 8% Usee off Moneyy && Property 5% Otherr Revenues 0% Transferss In 4% FY 2023-24 Year End 238 &zϮϬϮϯͲϮϰ'ĞŶĞƌĂů&ƵŶĚZĞǀĞŶƵĞƐ 6 REVENUES FY 2022-23 FY2023-24 (in millions)Budget Actuals as of 6/30 Percentage of Budget Budget Actuals as of 6/30 Percentage of Budget Property Tax $45.8 $54.0 118% $49.3 $56.4 114% Sales Tax 22.4 21.7 97% 22.0 23.6 107% TOT 14.2 16.4 115% 14.0 14.9 106% Licenses & Permits 19.4 20.5 106% 12.5 14.0 112% Intergovernmental 4.3 3.6 84% 7.8 6.5 83% Service Charges 8.3 11.7 141% 11.6 13.0 112% All Other Revenues 16.7 14.0 84% 16.6 20.3 122% Transfers In 6.2 5.3 85% 9.0 6.3 70% TOTAL $137.3 $147.2 107%$142.8 $155.0 109% ϭFY 2023-24 Year End 239 &zϮϬϮϯͲϮϰ'ĞŶĞƌĂů&ƵŶĚdžƉĞŶĚŝƚƵƌĞƐ 7 Expenditures FY 2022-23 FY2023-24 (in millions)Budget Actuals as of 6/30 Enc / Proj Carryover % of Budget Budget Actuals as of 6/30 Enc / Proj Carryover % of Budget Payroll $100.2 $103.5 103%$106.8 $106.1 99% Supplies & Services 31.0 27.0 8.7 115%35.4 23.0 7.8 87% Capital Outlay 0.8 0.2 25%0.9 0.2 22% InterDept Charges 7.4 8.1 109%9.5 10.2 107% Transfers 4.5 1.4 3.8 115%4.9 1.2 3.9 104% TOTAL $143.9 $140.2 $12.5 106%$157.5 $140.7 $11.7 97% ϭFY 2023-24 Year End 240 &zϮϬϮϯͲϮϰ'&džƉĞŶĚŝƚƵƌĞƐďLJĞƉĂƌƚŵĞŶƚ 8 ϭ -$5 M $0 M $5 M $10 M $15 M $20 M $25 M $30 M $35 M $40 M Actual Encumbrance Capital Carryforward Budget Remaining FY 2023-24 Year End 241 GF Fund Balances (As of June 30, 2024) (millions) 2Reserve Status and Plan 9 Beginning Fund Balance 7-1-2024 $71.7 Revenues 155.0 Expenditures (140.7) Total Fund Balance as of 6-30-2024 $86.0 Designated for Encumbrances (7.8) Designated for Capital Projects (3.9) Designated for ERP Replacement (6.0) Designated for Land Held for Development (3.8) General Fund Reserves (20% of Revenue)(29.7) Unassigned General Fund Balance 6-30-24 $34.8 242 City Reserves (As of June 30, 2024) (millions) 2Reserve Status and Plan 10 General Fund Reserves (20%)$29.7 Pension Stabilization Reserves 5.8 Infrastructure Reserves 6.7 Total Reserves $43.6 Available Unassigned GF Fund Balance 34.8 Combined Reserves & Surplus Fund Balance $77.1 FY 2022-23 Unassigned • $21 M FY 2023-24 Unassigned • $34.8 M Increase • $13.8 M 243 ZĞĐŽŵŵĞŶĚĞĚKƉƚŝŽŶƐĨŽƌ'ĞŶĞƌĂů&ƵŶĚ^ƵƌƉůƵƐ Setting aside $8 million to offset the City’s project deficit for FY 2024-25 Allocating $2 million to the Pension Stabilization Reserve Allocating $1 million to address increasing legal liabilities in the Workers' Compensation Fund Allocating $1.6 million to support the Vehicle Replacement Program Using a portion to relieve the Measure W share of the deficit burden 2Reserve Status and Plan 244 &zϮϬϮϰͲϮϱYϭ&ŝŶĂŶĐŝĂů hƉĚĂƚĞ TThroughh Septemberr 30,, 2024 245 &zϮϬϮϰͲϮϱ'ĞŶĞƌĂů&ƵŶĚZĞǀĞŶƵĞƐ 1 3 REVENUES FY 2023-24 FY2024-25 (in millions)Adjusted Budget Actuals as of 9/30 % of Budget Adjusted Budget Actuals as of 9/30 % of Budget Property Tax $48.0 $0.0 0%$50.2 $2.9 6% Sales Tax 23.4 2.3 10%23.2 1.6 7% TOT 14.9 2.4 16%14.5 2.7 19% Licenses & Permits 16.9 4.1 24%13.2 3.0 23% Intergovernmental 4.2 1.7 41%2.8 1.1 40% Service Charges 8.2 2.3 28%8.5 2.6 30% All Other Revenues 18.5 2.6 14%20.5 2.0 10% Transfers In 8.7 0.5 6%4.7 0.0 0% TOTAL $142.9 $15.9 11%$137.6 $15.9 12% ϯFY 2024-25 Q1 246 &zϮϬϮϰͲϮϱ'ĞŶĞƌĂů&ƵŶĚdžƉĞŶĚŝƚƵƌĞƐ 1 4 ϯFY 2024-25 Q1 Expenditures FY 2023-24 FY2024-25 (in millions)Adjusted Budget Actuals as of 9/30 % of Budget Adjusted Budget Actuals as of 9/30 %of Budget Payroll 106.5 25.2 24%113.4 27.0 24% Supplies & Services 31.9 3.7 12%22.2 4.1 18% Capital Outlay 0.9 0.0 5%0.0 0.0 0% InterDept Charges 9.5 2.4 25%9.5 2.4 25% Transfers 4.9 0.1 3%0.5 0.0 0% TOTAL $153.7 $31.4 20%$145.6 $33.5 23% 247 Yh^d/KE^͍ 4Q&A 15248 FY 2023-24 Preliminary Year End FY 2024-25 Q1 Financial Review Presentation to City Council Karen Chang, Director of Finance OCTOBER 23, 2024 *RYHUQPHQW&RGH 6HFWLRQ6% ,WHP$JHQGD 5(*&& ,WHP 249 AGENDA 1 FY 2023-24 Financial Update (Year End) 2 Reserve Status and Plan 3 FY 2024-25 Financial Update (1st Quarter) 4 Q&A 22250 General Fund Summary- FY 2023-24 ($ Millions) 3 Description Actual Revenues $155.0 Expenditures (140.8) Surplus $14.2 1FY 2023-24 Year End 251 FY 2023-24 GF Budget review 4 1FY 2023-24 Year End Date Event June 2023 Adopted Budget $140.2 million •Included a 1x $5M from American Rescue Plan Act (ARPA) •$3M attrition – GF February 2024 Mid Year Update (Projected Deficit $2M) June 2024 Year End Projection (Surplus $3.1M) October 2024 Year End Projection (Surplus $14.2M) 252 FY 2023-24 General Fund Revenues 5 1FY 2023-24 Year End License & Permit •$1.5 million •Fire & Building Property Tax •$7 million •RDA & ERAF •County Investment Earnings •$2.5 million •High-Interest Rate Environment 253 FY 2023-24 General Fund Expenditures 6 1FY 2023-24 Year End Deferred Spending •$11.7 million •P.O. Rollovers •CIP Attrition •$3 million •Citywide GF 254 FY 2023-24 General Fund Revenues by Source 7 1 Property Tax 36% Sales Tax 15% Transient Occupancy Tax 10% Other Tax 5% Franchise Fees 4% License and Permits 9% Fines & Forfeitures 0% Intergovernmental 4% Charges for Services 8% Use of Money & Property 5% Other Revenues 0% Transfers In 4% FY 2023-24 Year End 255 FY 2023-24 General Fund Revenues 8 REVENUES FY 2022-23 FY2023-24 (in millions)Adjusted Budget Actuals as of 6/30 Percentage of Budget Adjusted Budget Actuals as of 6/30 Percentage of Budget Property Tax $45.8 $54.0 118% $49.3 $56.4 114% Sales Tax 22.4 21.7 97% 22.0 23.6 107% TOT 14.2 16.4 115% 14.0 14.9 106% Licenses & Permits 19.4 20.5 106% 12.5 14.0 112% Intergovernmental (Grants)4.3 3.6 84% 7.8 6.5 83% Service Charges 8.3 11.7 141% 11.6 13.0 112% All Other Revenues 16.7 14.0 84% 16.6 20.3 122% Transfers In*6.2 5.3 85% 9.0 6.3 70% TOTAL $137.3 $147.2 107% $142.8 $155.0 109% 1FY 2023-24 Year End * Includes $5.0 million from American Rescue Plan Act (ARPA)256 FY 2023-24 General Fund Expenditures 9 Expenditures FY 2022-23 FY2023-24 (in millions)Adjusted Budget Actuals as of 6/30 Enc / Proj Carryover % of Budget Spent Adjusted Budget Actuals as of 6/30 Enc / Proj Carryover % of Budget Spent Payroll $100.2 $103.5 103% $106.8 $106.1 99% Supplies & Services 31.0 27.0 8.7 115% 35.4 23.0 7.8 87% Capital Outlay 0.8 0.2 25%0.9 0.2 22% InterDept Charges 7.4 8.1 109%9.5 10.2 107% Transfers 4.5 1.4 3.8 115% 4.9 1.2 3.9 104% TOTAL $143.9 $140.2 $12.5 106% $157.5 $140.7 $11.7 97% 1FY 2023-24 Year End 257 FY 2023-24 GF Expenditures by Department 10 1 -$5 M $0 M $5 M $10 M $15 M $20 M $25 M $30 M $35 M $40 M Actual Encumbrance Capital Carryforward Budget Remaining FY 2023-24 Year End 258 Recap of GF FY 2023-24 Surplus 11 1FY 2023-24 Year End Revenue • Higher than expected revenues ($12.2 M) • actual included leverage of the 1x ARPA Fund ($5M) Expenditure • Attrition savings ($3M) • Actual excluded deferred expenditures ($11.7M) 259 GF Fund Balances (As of June 30, 2024) (millions) 2Reserve Status and Plan 12 Beginning Fund Balance 7-1-2023 $71.7 Revenues 155.0 Expenditures (140.7) Total Fund Balance as of 6-30-2024 $86.0 Designated for Encumbrances (7.8) Designated for Capital Projects (3.9) Designated for ERP Replacement (6.0) Designated for Land Held for Development (3.8) General Fund Reserves (20% of Revenue)(29.7) Unassigned General Fund Balance 6-30-24 $34.8 260 City Reserves (As of June 30, 2024) (millions) 2Reserve Status and Plan 13 General Fund Reserves (20%) $29.7 Pension Stabilization Reserves 5.8 Infrastructure Reserves 6.7 Total Reserves $42.2 Available Unassigned GF Fund Balance 34.8 Combined Reserves & Surplus Fund Balance $77.0 FY 2022-23 Unassigned •$21 M FY 2023-24 Unassigned • $34.8 M Increase • $13.8 M 261 Reserve Funds Balances FY 2019-2025 2Reserve Status and Plan 14 Description FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 YE FY 2025 Budget General Fund Reserve (20%) $24.4 $24.1 $21.9 $25.4 $28.5 $29.7 $29.7 Infrastructure Reserve 0.7 12.2 11.9 18.0 8.2 6.7 4.9 Pension Stabilization Reserve 5.5 5.5 5.5 5.5 5.6 5.8 5.8 Unappropriated GF Balance 11.1 17.0 17.9 12.3 21.0 34.8 26.8 Reserves Fund Balance $41.7 $58.7 $57.2 $61.3 $63.3 $77.0 $67.2 262 Priority Recommendation for GF Surplus ($14 M) Setting aside $8 million to offset the City’s projected deficit for FY 2024-25 Using a portion to relieve the Measure W share of the deficit burden Allocating $2 million to the Pension Stabilization Reserve Allocating $1 million to address increasing legal liabilities in the Workers' Compensation Fund Allocating $1.6 million to support the Vehicle Replacement Program 2Reserve Status and Plan 1A 1B 2 3 4 15263 FY 2024-25 Q1 Financial Update TThroughh Septemberr 30,, 2024 264 Timeline 17 3FY 2024-25 Q1 Date Event October 2024 Q1 FY 2024-25 Financial Update January / February 2025 Q2 FY 2024-25 Financial Update (Mid Year) April 2025 Q3 FY 2024-25 Financial Update May / June 2025 FY 2025-26 Proposed Budget October 2025 Q4 FY 2024-25 Results 265 FY 2024-25 General Fund Revenues 18 REVENUES FY 2023-24 FY2024-25 (in millions)Adjusted Budget Actuals as of 9/30 % of Rev Received Adjusted Budget Actuals as of 9/30 % of Rev Received Property Tax $48.0 $0.0 0% $50.2 $2.9 6% Sales Tax 23.4 2.3 10% 23.2 1.6 7% TOT 14.9 2.4 16% 14.5 2.7 19% Licenses & Permits 16.9 4.1 24% 13.2 3.0 23% Intergovernmental (Grants)4.2 1.7 41% 2.8 1.1 40% Service Charges 8.2 2.3 28% 8.5 2.6 30% All Other Revenues 18.5 2.6 14% 20.5 2.0 10% Transfers In 8.7 0.5 6% 4.7 0.0 0% TOTAL $142.9 $15.9 11% $137.6 $15.9 12% 3FY 2024-25 Q1 266 FY 2024-25 General Fund Expenditures 19 3FY 2024-25 Q1 Expenditures FY 2023-24 FY2024-25 (in millions)Adjusted Budget Actuals as of 9/30 % of Budget Spent Adjusted Budget Actuals as of 9/30 % of Budget Spent Payroll 106.5 25.2 24% 113.4 27.0 24% Supplies & Services 31.9 3.7 12% 22.2 4.1 18% Capital Outlay 0.9 0.0 5% 0.0 0.0 0% InterDept Charges 9.5 2.4 25% 9.5 2.4 25% Transfers 4.9 0.1 3% 0.5 0.0 0% TOTAL $153.7 $31.4 20% $145.6 $33.5 23% 267 QUESTIONS? 4Q&A 20268 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-950 Agenda Date:10/23/2024 Version:1 Item #:9. Report on Intersection Daylighting Plan, including a guide for enhancing new parking restrictions established by Assembly Bill No. 413.(John Wilson, Associate Civil Engineer) RECOMMENDATION Staff recommends that City Council provides feedback on the proposed Intersection Daylighting Plan for enhancing the new parking restrictions established by Assembly Bill No. 413. BACKGROUND/DISCUSSION Pedestrian safety remains a top priority for the City of South San Francisco. In 2022, the City Council adopted the Active South City Bicycle and Pedestrian Master Plan, which underscores the need for improved street crossings to reduce collisions involving vulnerable road users. According to the Plan, drivers failing to yield to pedestrians account for approximately 60% of pedestrian-involved collisions in the City. Improving visibility at intersections is a proven method for reducing these incidents. To improve pedestrian safety, California passed a new law (AB 413) in 2023 that prohibits parking within 20 feet of crosswalks. This practice, known as "daylighting”, removes visual obstructions like parked cars to help drivers and pedestrians see each other better. While the law was passed in 2023, drivers will only receive warnings for violations until January 1, 2025, unless the no-parking zone is clearly marked with paint or a sign. After January 1, 2025, citations will be issued to any vehicle violating the 20-foot rule, regardless of red curb or signage. Staff requests City Council’s direction on how to implement California's new "daylighting" law (AB 413), which prohibits parking within 20 feet of the approach of crosswalks. Here are three options: 1. Do Nothing: The law is already enforceable without any additional signs or markings. 2. Prioritize Key Areas:Add signs or paint red curbs in areas where increased visibility is most critical, such as: High-injury corridors (identified in the City's Active South City Bicycle and Pedestrian Master Plan) Streets with heavy pedestrian traffic Commercial districts Areas near schools, senior centers, medical buildings, and other places with many pedestrians 3. Full Implementation: Add signs or paint red curbs at all intersections to clearly indicate the no-parking zones. City of South San Francisco Printed on 11/14/2024Page 1 of 2 powered by Legistar™269 File #:24-950 Agenda Date:10/23/2024 Version:1 Item #:9. Other nearby cities have begun implementing daylighting plans similar to option 2. For instance: The City of San Francisco committed to daylighting all intersections within its High Injury Network, a collection of streets that account for 75% of severe and fatal crashes. This initiative led to a 14% reduction in collisions and increased pedestrian safety, with 50% of residents reporting feeling safer. The City of San Bruno has also started marking daylighting zones on its high-injury network, setting an example for regional collaboration on traffic safety. The City of South San Francisco aims to integrate daylighting into its Vision Zero efforts to systematically eliminate traffic fatalities and serious injuries. Regardless of how the City chooses to implement the new law, staff will educate the public about the changes and how they will be enforced. FISCAL IMPACT The costs associated with implementing this plan will be realized incrementally and can be integrated into existing and future infrastructure projects. For example, curb marking for daylighting can be included in the pavement marking restorations of the City's annual pavement rehabilitation projects. The anticipated total costs for red curb marking to enhance the parking prohibitions required by Assembly Bill 413 at all City intersections (option 3) are estimated at $1,134,000. The estimated annual cost for operation and maintenance of these markings is approximately $83,000. Staff may also consider proposing a dedicated project during the next budget cycle to expedite daylighting for either option 2 or 3. There is no immediate fiscal impact on the fiscal year (FY) 2024-25 budget, as these efforts will be integrated with future planned projects. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Staff recommends that City Council provides feedback on the proposed Intersection Daylighting Plan and the staff-developed guide for enhancing the new parking restrictions established by Assembly Bill No. 413. Attachments: 1 DRAFT SSF Daylighting Guide 2 Presentation City of South San Francisco Printed on 11/14/2024Page 2 of 2 powered by Legistar™270 CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER OFFICE OF THE CITY ENGINEER PHONE (650) 829-6652 FAX (650) 829-6689 'ƵŝĚĞĨŽƌWĂƌŬŝŶŐZĞƐƚƌŝĐƚŝŽŶ ŶŚĂŶĐĞŵĞŶƚƐĂƚƌŽƐƐǁĂůŬƐ Effective Date October 4, 2024 Subject Vision clearance guidelines at approaches to crosswalks. Purpose To improve safety for all modes at street intersections and crossings by establishing guidelines for vision clearance and on-street parking setbacks from crosswalks. Figure 1: Example of how setting back parking from crosswalks can improve visibility. (Jose, 2015) Background The “Daylighting” bill, Assembly Bill 413, approved on October 10, 2023, modifies California Vehicle Code section 22500 to prohibit stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any unmarked or marked crosswalk or 15 feet of any crosswalk where a curb extension is present, apart from bicycles or motorized scooters. The bill allows violations to be issued for any unsigned or unmarked locations after January 1, 2025. 271 CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER OFFICE OF THE CITY ENGINEER PHONE (650) 829-6652 FAX (650) 829-6689 Revision 8 of the 2014 edition of the California MUTCD provides an example of parking space markings in Figure 3B-21(CA) showing 20ft minimum parking setbacks from all crosswalks, and 30ft minimum setbacks on the approach to crosswalks at signalized intersections. Uniform Vehicle Code 1-118 11-1003(a)(D) also prohibits parking within 30 feet of any flashing signal, stop sign, yield sign or traffic-control signal. California Vehicle Code section 257 defines crosswalks as either marked or unmarked locations across the roadway within the extension of the adjacent sidewalks except at alleys or prohibited with signs. Figure 2: Representation of new California Vehicle Code regarding parking near crosswalks. (SFMTA, 2021) 272 CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER OFFICE OF THE CITY ENGINEER PHONE (650) 829-6652 FAX (650) 829-6689 Guidance Where a parking lane exists, emphasize a parking prohibition with regulatory signs or red painted curb zones. Typically, this will include painting the curb red within 20ft of the vehicle approach side of any crosswalk. Along streets with a speed limit of 30mph or higher, consider increasing the parking prohibition to a length in feet equal to the speed in miles per hour, as drivers require more space to see crossing pedestrian. At crossings with signalized intersections, yellow school crosswalks, and at crossings with rapid flashing beacons, consider increasing the parking prohibition to 30 feet to provide greater visibility at these high-use pedestrian locations. When a crosswalk is present, measure from the edge of the crosswalk, as illustrated in Figure 3. If there is no crosswalk but a stop bar is present, measure from the stop bar. If neither a crosswalk nor a stop bar exists, measure from a point 10 feet behind an imaginary line connecting the curbs of the crossing street, as shown in Figure 4. Do not mark curb within driveways, curb ramps, or marked crosswalks. Daylighting zones may be used for bicycle and motorized scooter parking. Bus stops may be in daylighting zones. Curb extensions and transit bulb-outs increase the overall visibility of pedestrians and replace the space where cars would normally park, and thus do not require traffic control devices to prohibit parking. The traffic engineer may determine that parking should be removed for a greater distance on the approach to crosswalks as needed due to geometric conditions or on higher speed roadways. 273 CITY COUNCIL 2024 JAMES COLEMAN, MAYOR (DIST. 4) EDDIE FLORES, VICE MAYOR (DIST. 5) MARK ADDIEGO, MEMBER (DIST. 1) FLOR NICOLAS, MEMBER (DIST. 3) MARK NAGALES, MEMBER (DIST. 2) SHARON RANALS, CITY MANAGER OFFICE OF THE CITY ENGINEER PHONE (650) 829-6652 FAX (650) 829-6689 Figure 3: Examples of parking restriction enhancements at marked crosswalks. Figure 4: Examples of parking restriction enhancement at unmarked crosswalks. 274 –‡”•‡…–‹‘ƒ›Ž‹‰Š–‹‰Žƒ 2FWREHU 275  :K\'D\OLJKW&URVVZDONV" 276  +RZ0XFK'D\OLJKWLQJ" 277  :KHUH&DQ ¶W ,3DUN" 3DUNLQJ&RGH &9& $SHUVRQVKDOOQRWVWRSSDUN« ^ZRUGV` 278  :KHUH$UH8QPDUNHG &URVVZDONV" 279  2WKHU'D\OLJKWLQJ0HWKRGV 280  :KHUHDUH5HVWULFWLRQV0RVW 1HHGHG" 281 –‡”•‡…–‹‘ƒ›Ž‹‰Š–‹‰Žƒ 2FWREHU ‘˜‡”‡–‘†‡ ‡…–‹‘͙͙͛͘͝Ǥ͙͗͗͘ –‡‰‡†ƒǣ͕͔Ȁ͖͗Ȁ͖͔͖͘   –‡͝ 282  :K\'D\OLJKW&URVVZDONV" 283  :KHUH&DQ ¶W ,3DUN" 3DUNLQJ&RGH &9& $SHUVRQVKDOOQRWVWRSSDUN« ^ZRUGV` 284  :KHUH$UH8QPDUNHG &URVVZDONV" 285  +\GUDQW&OHDUDQFH$UHDV 286  %DVLF'D\OLJKWLQJ0HWKRGV 287  2WKHU'D\OLJKWLQJ0HWKRGV 288 Š”‡‡’–‹‘•ˆ‘”††‹‰ƒ‹–‡†—”„‘” ‹‰ƒ‰‡ ∗͕Ȃ ‘‘–Š‹‰ ∗͖Ȃ ‡›”‡ƒ• ∗͗Ȃ ‹–›‹†‡ ‰‹‡‡”‡†‘Ž—–‹‘•  289  2SWLRQ.H\$UHDV 290  4XHVWLRQV6HHNLQJ)HHGEDFN  :KLFKRSWLRQLVSUHIHUUHG"  ,IRSWLRQRUVKRXOGWKHFKDQJHVEHLPSOHPHQWHGLQFUHPHQWDOO\RU DOODWRQFH"  $UHWKHUHDQ\RWKHUDFWLRQV\RX¶GOLNHVWDIIWRWDNHRUFRQVLGHU" 291 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1032 Agenda Date:10/23/2024 Version:1 Item #:10. Report regarding a resolution approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit 3209 (APN 104540190). (Elia Moreno, Housing Management Analyst I) RECOMMENDATION Staff recommend that City Council adopt a resolution approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR) housing unit located at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) using the City’s Commercial Linkage Fee Fund (Fund 823). BACKGROUND The City’s Inclusionary Housing Ordinance (Municipal Code Chapter 20.380) creates Below Market Rate (BMR) housing units within both ownership and rental developments. This ordinance serves to increase the amount of housing affordable to low and moderate-income households in South San Francisco. When for-sale BMR units are newly constructed and undergo their initial sale, each unit’s initial sale price is calculated based on a complex formula. Specifically, this initial pricing process takes into account the Area Median Income (AMI) level the unit is targeted at, the current interest rate expected on a 30-year, fixed-rate mortgage, a 5% to 10% down payment, private mortgage insurance rates, homeowners’ insurance, and homeowners’ association dues. When BMR units are resold, the sale price is calculated much more simply and intended to provide the seller with some modest equity earnings. In the case of resales, the new sales price is indexed to the change in AMI since the unit was last sold. The City controls the resale price and resale procedures of for-sale BMR units through resale restriction agreements and rights of first refusal, documents which are executed between the BMR owner and the City and recorded against the property. These documents give the City opportunities to buy the unit upon the owner’s intention to sell the unit or to assign that right of first refusal to a new income-qualified buyer. This ensures the unit remains affordable for future households, preserving the City’s diverse affordable housing stock. The City has approximately 100 for-sale BMR units located throughout the City and normally between 5 and 10 are refinanced or resold each year. In the instance of nearly all resales, the City assigns its right of first refusal to purchase the unit to an income-qualified buyer identified through a marketing, application, and lottery process facilitated by the seller and their agent and supervised by the City and its consultants. DISCUSSION On May 31, 2024, the City received a Notice of Intent to Sell from the owner of the BMR unit located at 2230 Gellert Boulevard, Unit 3209, in South San Francisco for the resale amount of $676,781. The resale restrictions typically include a period of time that the owner must attempt to sell a BMR to an income-qualified buyer, after which, either the City must purchase it or the owner may sell it to any buyer at market rate, removing BMR limitations. For this specific unit, the owner was required to market the property for a 21-day period. The owner agreed to extend the marketing for an additional 21-day period, but, unfortunately, no eligible applications were received. To take action to intervene to prevent the market rate sale of the unit, staff recommend executing the City’s right to purchase and taking title of the unit. Staff are requesting that the City Council authorize the use of Commercial Linkage Fee Funds (Fund 823) to purchase the unit. Once purchased, the property will be placed back on the market with Council having the authority to market to the affordability level of their choice. City of South San Francisco Printed on 10/18/2024Page 1 of 2 powered by Legistar™292 File #:24-1032 Agenda Date:10/23/2024 Version:1 Item #:10. Executing the City’s purchasing right of this unit and preserving its status in the BMR program assists in promoting affordable housing within the City. The loss of BMR units eliminates affordable housing opportunities for low- to moderate- income residents, and we hope to do all we can to continue to make affordable housing available to residents. On January 10, 2024, staff requested approval from City Council for a similar scenario. Approval of the acquisition of the property allowed staff to preserve the status of the unit in the City’s BMR program. A total of seven (7) applications were received from pre-qualified applicants, and the City was able to successfully close escrow with an eligible buyer in early October 2024. The new property owners are first-time homeowners and are employed within South San Francisco. Proceeds from the resale have been received and replenished back into Fund 823. FISCAL IMPACT The Commercial Linkage Fee Fund (Fund 823) has an available fund balance of $13 million for this transaction of $676,781. This Fund will be used to pay all costs related to the preservation and resale of the subject property, which include acquisition of the property and HOA fees. The proceeds from the resale will be replenished back into Fund 823. CONCLUSION Staff recommend that City Council adopt the accompanying resolution, approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR) housing unit located at 2230 Gellert Boulevard, Unit 3209 (APN 104540190) using the City’s Commercial Linkage Fee Fund (Fund 823). City of South San Francisco Printed on 10/18/2024Page 2 of 2 powered by Legistar™293 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1033 Agenda Date:10/23/2024 Version:1 Item #:10a. Resolution approving Budget Amendment Number 25.024 and authorizing the City’s acquisition of the Below Market Rate (BMR) unit at 2230 Gellert Boulevard, Unit 3209 (APN 104540190). WHEREAS, the City’s Inclusionary Housing Ordinance (Municipal Code Chapter 20.380) creates Below Market Rate (BMR) housing within both ownership and rental developments; and WHEREAS, on May 31, 2024, the City received a Notice of Intent to Sell from the owner of the BMR unit located at 2230 Gellert Boulevard, Unit 3209; and WHEREAS, the unit was posted on Multiple Listing Service (MLS) and the City’s website on September 4, 2024, with the affordability restriction set to 80% Area Median Income (AMI) and has received no qualifying applicants for purchase; and WHEREAS, the timeline for the City to assign its right of first refusal is set to expire shortly, after which the BMR owner can sell the property to any buyer, removing the BMR resale restriction agreements; and WHEREAS, to avoid the loss of this affordable housing unit, the City will immediately exercise its option to purchase the unit using Commercial Linkage Fees (Fund 823); and WHEREAS, once acquired, the City can determine the appropriate income level at which to market the unit for resale. NOW, THEREFORE, BE IT RESOLVED by the City Council of South San Francisco that it hereby: 1. Authorizes the City Manager or their designee to exercise the City’s option to acquire the BMR unit. 2. Approves Budget Amendment Number 25.024 appropriating funds from the City’s Commercial Linkage Fee Fund (Fund 823) to acquire the BMR unit. 3. Authorizes the City Manager or their designee to execute all agreements, sign all documents, make all approvals, and take all actions necessary or appropriate to carry out and implement the intent of this Resolution, subject to approval as to form by the City Attorney. City of South San Francisco Printed on 11/14/2024Page 1 of 2 powered by Legistar™294 File #:24-1033 Agenda Date:10/23/2024 Version:1 Item #:10a. ***** City of South San Francisco Printed on 11/14/2024Page 2 of 2 powered by Legistar™295 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-996 Agenda Date:10/23/2024 Version:1 Item #:11. Report regarding a resolution approving the purchase of an advanced life support ambulance, authorizing the City Manager to enter into a purchase agreement with Braun Northwest for the construction and purchase in the amount of $423,403.18, approving the purchase of tools and equipment in the amount of $55,000, and approving the use of $478,403.18 of Vehicle Replacement Funds, for a total not to exceed amount of $478,403.18. (Richard Walls, EMS Battalion Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the purchase of an advanced life support ambulance, authorizing the City Manager to enter into a purchase agreement with Braun Northwest for the construction and purchase in the amount of $423,403.18, approving the purchase of tools and equipment in the amount of $55,000, and approving the use of $478,403.18 of Vehicle Replacement Funds, for a total not to exceed amount of $478,403.18. BACKGROUND/DISCUSSION In May of 2023, the City Council of South San Francisco approved a request to purchase two ambulances for a total cost of $910,573.51, including $110,000 in tools and equipment, funded primarily through the Vehicle Replacement Fund. Prior to that action, South San Francisco Fire Department (SSFFD) staff completed an exhaustive search of ambulance builders, ultimately identifying Braun Northwest for the design and build of two new ambulances. Prior to this purchase, the Fire Department last received the delivery of an ALS ambulance in 2016. Due to supply chain constraints, the normal vehicle replacement schedule had been significantly delayed effecting the delivery of the two ambulances approved for purchase in 2023. Fire staff is now presenting the Council with a proposal for a third new ambulance. This ambulance will replace our last ALS ambulance, known as vehicle 505 - a 2016 Freightliner. This purchase presented before you tonight will put the fire ambulance fleet back on the approved replacement cycle so that all vehicles are in reliable condition and within the recommended service life span, which reduce on-going repair costs. Braun Northwest is the builder for some of the largest transporting agencies in the United States, including Los Angeles Fire Department, and more locally, Berkeley Fire Department. The design used by SSFFD staff incorporates enhancements observed in Henderson, Nevada, Austin, Texas, and Berkeley, California to incorporate current industry safety standards. Some features that we look forward to welcoming are a closed loop camera system, a work-station type design that allows the paramedic/attendant to be safely seat belted while providing care, and an enhanced HVAC system that includes a dynamic built-in infection control system that sanitizes air using UV lighting when activated. The American vehicle market is starting to catch up to the remarkable delays observed during the COVID-19 pandemic, resulting in a shift of delays now to the manufacturers. As truck chassis start becoming available, we are now enduring backlog delays at the builders of both fire apparatus and ambulances, presently resulting in a build time of 530-580 days for this ambulance. As mentioned, the specification used to design the two ambulances approved by Council in May of 2023 will City of South San Francisco Printed on 10/18/2024Page 1 of 3 powered by Legistar™296 File #:24-996 Agenda Date:10/23/2024 Version:1 Item #:11. be identical to this vehicle, except for the chassis. The vehicles approved previously were designed and are being built on a RAM 4500 chassis, however this requested vehicle is on a Ford F450 chassis. Fire staff desired to stay with the RAM chassis, but an emissions dispute between Stellantis, the manufacturer of RAM trucks and the state of California have made RAM diesel chassis unavailable for the foreseeable future. After conferring with Corporation Yard staff, Fire staff selected the Ford chassis as we have several similar vehicles that are mechanically reliable. Should the RAM chassis become available prior to the build, Fire staff will confer with city mechanic staff and make a determination based on currently available information. As part of the purchasing process, the City is again utilizing the HGAC-Buy (HGAC) program, which is the Houston-Galveston Area Council. HGAC is a Cooperative Purchasing Program which assists local governments in reducing costs through government-to-government procurement services. It is a program that is available to local government entities and qualifying non-profit corporations. As a unit of local government, it assists other local governments with procurement processes by establishing competitively priced contracts for goods and services. HGAC follows bid and purchasing guidelines that align with the City of South San Francisco Municipal Code §4.04.080,Open market procedures for purchases and sales exclusive of public projects,and all contracts have been awarded in compliance with the state’s statutory requirements for public competitive procurement processes. FISCAL IMPACT On June 12, 2024, the City Council adopted the 2024-25 Operating Budget, including funding the Equipment Replacement budget to allow for the purchase of a new ALS and BLS ambulance. A total of $750,000.00 was approved, however due to significant inflation that has only recently eased, SSFFD staff will defer part of the second ambulance until next fiscal year and secure the ALS replacement vehicle this budget cycle. An amalgamation of funds approved by Council for Vehicle Replacement will be used for this purchase. RELATIONSHIP TO STRATEGIC PLAN This request is in alignment with Priority 4.2.11, Public Safety, Support reliability of fire fleet through scheduled apparatus replacement. CONCLUSION It is recommended that the City Council adopt a resolution approving the use of Vehicle Replacement Funds for the purchase of an advanced life support ambulance; authorizing the City Manager to enter into a purchase agreement with Braun Northwest for the construction and purchase in the amount of $423,403.18; approving the purchase of tools and equipment in the amount of $55,000; for a total not to exceed amount of $478,403.18. ATTACHMENTS Attachment A - Braun NW HGAC Purchase Proposal Attachment B - HGAC Purchase Contract Attachment C - Braun NW W-9 and Liability Insurance Attachment D - Braun NW Vendor Verification Form City of South San Francisco Printed on 10/18/2024Page 2 of 3 powered by Legistar™297 File #:24-996 Agenda Date:10/23/2024 Version:1 Item #:11. City of South San Francisco Printed on 10/18/2024Page 3 of 3 powered by Legistar™298 Ambulance Purchase Agreement *RYHUQPHQW&RGH6HFWLRQ 6%,WHP $JHQGD5(* &&,WHP 299 Current Fleet of Ambulances •Vehicle 515 – 2010 International Durastar – Frontline/Reserve •Vehicle 516 – 2010 International Durastar – Frontline/Reserve •Vehicle 505 – 2016 Freightliner – Frontline •Vehicle 507 – 2007 Sprinter Ambulance – Reserve •Vehicle 526 – 2021 Ford F350 – 861 Primary 300 Ambulances On Order Two 2024 RAM 3500 Braun Northwest built ambulances due 12/7/2024 301 Tonight’s Purchase 302 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-997 Agenda Date:10/23/2024 Version:1 Item #:11a. Resolution approving the purchase of an advanced life support ambulance; authorizing the City Manager to enter into a purchase agreement with Braun Northwest for the construction and purchase in the amount of $423,403.18; approving the purchase of tools and equipment in the amount of $55,000; and approving the use of $478,403.18 of Vehicle Replacement Funds, for a total not to exceed amount of $478,403.18. (Richard Walls, EMS Battalion Chief) WHEREAS, The South San Francisco Fire Department (SSFFD) recommends the purchase of a 2025 Braun Northwest type one ambulance to replace an ambulance that has exceeded its frontline service timeline; and WHEREAS, The Vehicle Replacement Fund is designed to replace aging Fire fleet, and the ambulance this action will replace as a frontline vehicle, Vehicle 505, is 9 years old; and WHEREAS, Fire department staffs both ALS and BLS ambulances and this vehicle will add versatility so that either ALS or BLS staff can utilize this vehicle; and WHEREAS, Fire staff established factors important to selecting the proper ambulance for the department, which included: Operational Capability, Power and Maneuverability, Compatibility with Federal Emissions Standards, Familiarity for South San Francisco Mechanics, Customization potential to meet our equipment and gear storage needs, Cost, Limited need for in-service training and Warranty Service and proximity to warranty service center; and WHEREAS, this purchase aligns with City of South San Francisco Municipal Code 4.04.040(b), Agreements with other governmental agencies; “authorizes any other governmental agency to purchase or contract for specified supplies, services or equipment as long as their procedures are in conformance with state law.” and the City municipal code for purchasing; and WHEREAS, the adopted the 2024-25 Operating Budget provided funding in the amount of $750,000 for the replacement of ambulances; and WHEREAS, Staff is requesting that the City Council approve this resolution for the purchase of an advanced life support ambulance; authorizing the City Manager to enter into a purchase agreement with Braun Northwest for the construction and purchase in the amount of $423,403.18; approving the purchase of tools and equipment in the amount of $55,000; and approving the use of $478,403.18 of Vehicle Replacement Funds, for a total not City of South San Francisco Printed on 11/14/2024Page 1 of 2 powered by Legistar™303 File #:24-997 Agenda Date:10/23/2024 Version:1 Item #:11a. to exceed amount of $478,403.18. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of South San Francisco does hereby take the following actions: 1. Approves the purchase of one type one ambulance in the amount of $423,403.18, and associated equipment, not to exceed $55,000. 2. Authorizes the City Manager to enter into a purchase agreement with Braun Northwest, Inc, for the construction and purchase of an ambulance, attached hereto as Exhibit A. 3. Authorizes the City Manager to take any other action consistent with carrying out the intent of this resolution. ***** City of South San Francisco Printed on 11/14/2024Page 2 of 2 powered by Legistar™304 305 306 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Page 1 of 13 MASTER GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Braun Northwest, Inc., hereinafter referred to as the Contractor, having its principal place of business at 150 North Star Drive, Chehalis, WA 98532. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are          307521 Page 2 of 13 subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous. ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was          308522 Page 3 of 13 considered in a procurement transaction, etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins Oct 01 2023 and ends Sep 30 2027. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice. ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H -GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be          309523 Page 4 of 13 conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.          310524 Page 5 of 13 B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing. Price Increase Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of          311525 Page 6 of 13 the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section. Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, james.glover@h-gac.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request. ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise. ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees          312526 Page 7 of 13 to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract. A. Convenience H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.          313527 Page 8 of 13 (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User. ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b)          314528 Page 9 of 13 Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity          315529 Page 10 of 13 through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent          316530 Page 11 of 13 certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application. ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.          317531 Page 12 of 13 ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS          318532 Page 13 of 13 In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by: Braun Northwest, Inc. Signature $docusign:SignHere::Customer1 Name Tami McCallum Title V.P. Sales Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner           319533 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Page 1 of 8 MASTER SPECIAL PROVISIONS Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid          320534 Page 2 of 8 offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:          321535 Page 3 of 8 a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOM ER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order. ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:          322536 Page 4 of 8 a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: a. CUSTOMER/END USER Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:          323537 Page 5 of 8 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC          324538 Page 6 of 8 CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects) With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean          325539 Page 7 of 8 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract. ARTICLE 26: PREVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract. ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection          326540 Page 8 of 8 with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).          327541 Ambulances, EMS & Special Service Vehicles Request For Proposal HGACBuy/Cooperative Purchasing Program Project ID: AM10-23 Release Date: Friday, June 9, 2023 Due Date: Thursday, August 10, 2023 12:00pm Posted Friday, June 9, 2023 7:00am Bid Unsealed Thursday, August 10, 2023 12:03pm Pricing Unsealed Thursday, August 10, 2023 12:03pm All dates & times in Central Time 3. Scope of Work / Specifications This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation. 3.1. Overview H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Ambulances, EMS and Other Specialty Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available ambulances, emergency medical response and specialty vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. 3.2. Categories This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer. Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category G. If that specific vehicle is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category G will only include the alternative fuel vehicles, regardless of vehicle function or type. Product categories are as follows:          328542 1. Ambulance Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, Type (I, II, or III), module configurations/dimensions, chassis (make and model), 2WD/4WD, and fuel type. 2. Light/Medium Duty EMS Rescue Vehicle Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis (make and model), dimensions, 2WD/4WD, and fuel type. 3. Other Specialty Vehicle or Equipment Category includes vehicles or trailers for command, communication, tactical response, or other related emergency response functions. Response listings/descriptions must be organized by major sub-categories, which shall include manufacturer, model, type/function, chassis (make and model), axle configuration, dimensions, 2WD/4WD, and fuel type. 4. EMS Vehicle Conversions Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis, 2WD/4WD, and fuel type. 5. Remount Services Only Pricing for this service must include the cost of removing an existing body and reinstalling it on a different chassis, only. This service would apply where the chassis was supplied by the end user. Note: Remounting Services are to be performed by an authorized dealer/remounter. Any specific certifications or warranties that may be requested by an end user regarding remounts is the end user’s responsibility and will be negotiated between the end user and the supplier/contractor when services are quoted. 6. Remount on Contractor Supplied Chassis Pricing for these items must include the cost of the chassis plus the removal and reinstallation of the body. 7. Electric/Alternative Fuel Ambulance/EMS/Rescue Vehicles Response listings must be organized by manufacturer, model, vehicle type/function, and primary fuel/propulsion type. 8. Ambulance/EMS/Rescue Vehicle Service/Maintenance Plans Response listings must include specific details about which fees are included in costs, including current labor rates, and fee structures. 9. Ambulance/EMS/Rescue Vehicle Parts and Supplies Response listing must include percentage discount. 10. Ambulance/EMS/Rescue Vehicle Options Response listing must include percentage discount.          329543 3.3. General Requirements All products priced and sold pursuant to this Solicitation must, as applicable: 1. Meet all applicable requirements of federal, state and local laws and regulations. 2. Be manufacturer's normal offering with all standard features and functions and performance levels. 3. Be ready for turn-key operation upon delivery. 4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response. Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract. 3.4. Additional Requirements Licenses 1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Division of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations. 2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Division. Contractor must ensure all emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made. 3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver. Manuals 1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted (as per latest edition of KKK-A-1822F). 2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each listing being bid.          330544 Warranty Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation. 1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations. 2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees). 3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery. 4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer. 5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses. 6. On Type I & III emergency medical service MODULE the warranty period will be fifteen (15) years. 7. This warranty will be upgraded to its original status each time the module is remounted by Contractor, or a Contractor authorized remount facility, not to exceed five (5) years above the original warranty. 8. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component. 9. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.          331545 3.5. Vehicle Requirements All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements. All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards (examples: National Fire Protection Association (NFPA), Commission on Accreditation of Ambulance Services (CAAS), Federal Specification for the Star-of-Life Ambulance (KKK-A-1822F), Occupational Safety and Health Administration (OSHA)). 3.6. Service / Maintenance Plans and Parts All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees). 3.7. Labor Hours Definitions If the awarded contract contains hours for labor related services, the following definitions will apply: 1. “Business Day” Monday through Friday 2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m. 3. “Regular Time” Work that occurs during standard business hours 4. “Emergency Time” Work that occurs outside standard business hours 3.8. Administrative Fee For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H -GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows: Administrative Fee (per Purchase Order) Category A – Ambulance: $1,000 per purchase order Category B – Light/Medium Rescue Vehicle: $1,000 per purchase order Category C – Specialty Vehicle/Equipment:          332546 Light Rescue/Special Service $1,000 per purchase order Heavy Rescue/Special Service $2,000 per purchase order All Trailers 2% per purchase order Category D – EMS Vehicle Conversions: $1,000 per purchase order Category E – Remount Services Only: $600 per purchase order Category F – Remount on Contractor Supplied Chassis: $600 per purchase order Category G –Electric/Alternative Fuel Vehicles Determined by category of vehicle Category H –Service/Maintenance Plans: 2% per purchase order Category I - Ambulance/Vehicle Parts and Supplies 2% per purchase order Category J - Ambulance/EMS/Rescue Vehicle Options No separate fee - part of vehicle 3.9. Final Contract Deliverables Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: x Customer Name and address x HGACBuy confirmation number x Product/Service purchased, including Product Code, if applicable x Customer Purchase Order Number x Purchase Order Date x Product/Service dollar amount x HGACBuy Order Processing Charge amount Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.          333547 Attachment A Braun Northwest, Inc. Ambulances, EMS & Special Service Vehicles Contract No.: AM10-23 Manufacturer Product Item Description Offered List Price HGACBuy Discount Category A - Ambulance Braun Northwest, Inc.AM23CA01 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 212,653.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA02 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 155"L x 94"W x 72" HR 237,613.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA03 North Star - Type 1 - Ram 3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 221,543.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA04 North Star - Type 1 - GMC K3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 211,873.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA05 North Star - Type 1 - Chevrolet 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 239,292.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA06 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 231,346.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA07 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 235,296.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA08 North Star - Type 1 - Ram 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 244,557.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA09 North Star - Type 1 - Medium Duty - Ford F-650 4x2 - Diesel Engine - 167''L x 96''W x 72'' HR 266,552.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA10 North Star - Type 1 - Medium Duty - International - Diesel Engine - 167"L x 96''W x 72'' HR 269,771.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA11 North Star - Type 1 - Medium Duty - Freightliner - Diesel Engine - 167"L x 96''W x 72'' HR 275,270.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA12 North Star - Type 2 - MB Sprinter Van 156,817.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA13 North Star - Type 2 - Promaster Van 159,701.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA14 North Star - Type 2 - Ford Transit AWD Gas 164,638.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA15 North Star - Type 3 - Ford E-350 - Gas Engine - 147"L x 94"W x 72" HR 192,750.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA16 North Star - Type 3 - GMC G3500 - Gas Engine - 147"L x 94"W x 72" HR 199,296.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA17 North Star - Type 3 - Ford E-450 - Gas Engine - 167"L x 94"W x 72" HR 199,690.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA18 North Star - Type 3 - GMC 4500 - Gas Engine - 167"L x 94"W x 72" HR 204,991.00$ -$ 1,500.00 Category B - Light/Medium EMS Rescue Vehicle Braun Northwest, Inc.AM23CB01 North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 199,255.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB02 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 191,824.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB03 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 207,228.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB04 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 199,338.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB05 North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 200,248.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB06 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 193,322.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB07 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 208,726.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB08 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 200,836.00$ -$ 1,500.00 1          334548 Braun Northwest, Inc.AM23CB09 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 198,322.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB10 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 205,836.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB11 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 220,140.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB12 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 226,270.00$ -$ 1,500.00 Category C - Other Specialty Vehicle or Equipment Braun Northwest, Inc.AM23CC01 North Star - Prisoner Transport - Ford E-350 - Gas Engine - 138"L x 94"W x 57.875''HR 140,354.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC02 North Star - Prisoner Transport - Ford F-350 4x4 - Diesel Engine - 143"L x 94"W x 57.75"HR 155,542.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC03 North Star - Prisoner Transport - Ford F-450 4x2 Regular Cab - Diesel Engine - 191"L x 94"W x 72.875"HR 196,087.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC04 North Star - Prisoner Transport - Ford F-550 4x2 - Regular Cab - Diesel Engine - 197''L x 94''W x 73'' HR 213,909.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC05 North Star - Prisoner Transport - Freightliner M2 4x2 - Regular Cab - Diesel Engine - 197''L x 94'' W x 73''HR 245,915.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC06 North Star - Prisoner Transport - Ford F-650 4x2 - Super Cab - Diesel Engine - 197''L x 94'' W x 73''HR 246,335.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC07 North Star - Prisoner Transport - Ram 4500 4x2 - Regular Cab - Gas Engine - 197"L x 94"W x 72 "HR 217,020.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC08 North Star - EOD Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 191''L x 94'' W x 80'' HR 274,359.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC09 North Star - EOD Command - International MV607 4x2 - Crew Cab - Diesel Engine - 222''L x 100''W x 84''HR 364,112.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC10 North Star - SWAT Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 192''L x 94'' W x 78'' HR 234,524.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC11 North Star - Hazardous Materials Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 189''L x 96'' W x 72'' HR 273,464.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC12 North Star - Crime Scene Command - Ford F-350 4x4 - Diesel Engine - 147''L x 94''W x 72''HR 228,796.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC13 North Star - Mobile Command - Ford F-650 4x2 - Diesel Engine - 196''L x 94''W x 76''HR 290,290.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC14 North Star - Wildland Crew Body - 198''L x 98''W x 78'' HR 215,849.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC15 North Star - Command Van - Transit AWD - Gas 152,873.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC16 North Star - Prisoner Transport - Freightliner M2 106 Plus 4x2 - Diesel Engine - 351"L x 102"W x 117" HR 494,629.00$ -$ 1,500.00 Category E - Remount Services Only Braun Northwest, Inc.AM23CE01 North Star - Remount of Northstar Module 56,159.00$ -$ 1,500.00 Category F - Remount on Contractor Supplied Chassis Braun Northwest, Inc.AM23CE02 North Star - Remount of Northstar Module - Ford F-350 4x4 - Regular Cab - Diesel Engine 129,926.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE03 North Star - Remount of Northstar Module - Ford F-450 4x4 - Regular Cab - Diesel Engine 138,950.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE04 North Star - Remount of Northstar Module - Ford E-350 4x2 - Regular Cab - Gas Engine 102,267.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE05 North Star - Remount of Northstar Module - Ford E-450 4x2 - Regular Cab - Gas Engine 104,412.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE06 North Star - Remount of Northstar Module - GMC G3500 4x2 - Regular Cab - Gas Engine 93,569.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE07 North Star - Remount of Northstar Module - GMC G4500 4x2 - Regular Cab - Gas Engine 94,973.00$ -$ 1,500.00 2          335549 Braun Northwest, Inc.AM23CE08 North Star - Remount of Northstar Module - Chevrolet 4500 4x4 - Regular Cab - Diesel Engine 139,889.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE09 North Star - Remount of Northstar Module - Ram 3500 4x4 - Regular Cab - Diesel Engine 131,139.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE10 North Star - Remount of Northstar Module - Ram 4500 4x4 - Regular Cab - Diesel Engine 150,204.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE11 North Star - Remount of Northstar Module - International MV607 4x2 - Regular Cab - Diesel Engine 175,328.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE12 North Star - Remount of Northstar Module - Freightliner M2 4x2 - Regular Cab - Diesel Engine 168,352.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE13 North Star - Remount of Northstar Module - Ford F-650 4x2 - Regular Cab - Diesel Engine 168,509.00$ -$ 1,500.00 3          336550 Certificate Of Completion Envelope Id: E4D77477E07A45AEA42F916BF5C46EDC Status: Completed Subject: Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Source Envelope: Document Pages: 30 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Houston-Galveston Area Council AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 3555 Timmons Lane, Suite 120 Houston, TX 77027 contracts@h-gac.com IP Address: 12.11.127.21 Record Tracking Status: Original 10/16/2023 8:15:13 AM Holder: Houston-Galveston Area Council contracts@h-gac.com Location: DocuSign Signer Events Signature Timestamp Tami McCallum tamimccallum@braunnw.com VP of Sales Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 50.206.254.2 Sent: 10/16/2023 8:16:26 AM Viewed: 10/16/2023 9:46:52 AM Signed: 10/16/2023 10:16:43 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charles Wemple charles.wemple@h-gac.com Executive Director Houston-Galveston Area Council Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 174.203.73.140 Signed using mobile Sent: 10/16/2023 10:16:45 AM Viewed: 10/23/2023 8:54:35 AM Signed: 10/23/2023 8:54:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/16/2023 8:16:26 AM Certified Delivered Security Checked 10/23/2023 8:54:35 AM Signing Complete Security Checked 10/23/2023 8:54:45 AM 337551 Envelope Summary Events Status Timestamps Completed Security Checked 10/23/2023 8:54:45 AM Payment Events Status Timestamps 338552 339 340 Attachment C 341 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1068 Agenda Date:10/23/2024 Version:1 Item #:12. Report regarding a Resolution approving Budget Amendment Number 25.025 appropriating $600,000 from the Park Land Acquisition Fee Fund (Fund 805) to acquire and maintain a portion of 701 Spruce Avenue (APN 012 -131-040) to preserve a public access trail and authorizing the City Manager to enter into a Purchase and Sale Agreement for the acquisition.(Tony Rozzi, Deputy Economic and Community Development Director) RECOMMENDATION Staff recommend City Council adopt a Resolution: 1) Approving Budget Amendment Number 25.025 appropriating $600,000 to acquire and preserve a public access trail created from 701 Spruce Avenue in South San Francisco, from the Park Land Acquisition Fee Fund (Fund 805); and 2) Authorizing the City Manager to enter into a Purchase and Sale Agreement with the seller, Tianyi Zhang, in substantially the form attached to the associated Resolution. BACKGROUND Sign Hill Park Access through 701 Spruce Avenue The City’s Sign Hill Park open space provides certain public hiking trails. One of these trails is situated between Ridgeview Court and Spruce Avenue and is partially located on a private parcel at 701 Spruce Avenue (APN: 012-131-040). The City has previously examined the location and history of this portion of the trail and holds the position that the City and public have a right to use it as a result of an “implied dedication”, sometimes also referred to as a “prescriptive easement under California law by virtue of satisfying certain statutory requirements. For example, City staff has continuously accessed and maintained this trail, and it has been devoted to public use for at least thirty (30) years. The owner has disagreed with the City’s position. The property owner of 701 Spruce Avenue submitted preliminary applications to the City in 2020 with the intention of developing the rear portion of his lot - the property owner proposed to divide the parcel into four lots and re-align the public trail route and trailhead. The public trail at issue leads up to Sign Hill Park from both Spruce Avenue and Diamond Avenue/Telford Road. The City controls the adjacent parcel at 704 Spruce Avenue. The owner did not proceed with the proposal to develop a steep slope with new development because the project would require access across 704 Spruce Avenue from Telford Avenue, and neighbor objections. Since that time, public use and City maintenance of the trail have continued, but the owner has continued to object to public use, citing noise, illegal dumping, debris, and wildfire risk from illegal fireworks. The City and property owner have not been able to resolve their disagreement. City of South San Francisco Printed on 10/18/2024Page 1 of 4 powered by Legistar™342 File #:24-1068 Agenda Date:10/23/2024 Version:1 Item #:12. Proposal by Seller to Resolve Dispute The owner of 701 Spruce Avenue, Tianyi Zhang, recently approached the City and proposed a solution - selling a portion of their parcel that contains the trailhead to Sign Hill from Spruce Avenue (Attachment 1) and the upper trail regularly accessed by the public to climb Sign Hill on the eastern face (the “Property”). He has held the property since 2018, purchasing it from a long-time owner that had lived on the property, or had family living on the property, since 1953. The Seller asserts that they were not previously informed during their purchase that the trailhead and upper portion of the trail accessing Sign Hill from Spruce Avenue was in fact located with the property boundaries of 701 Spruce Avenue - they understood that the entire trail was on adjacent City controlled property at 704 Spruce Avenue. The City, particularly the Park and Recreation Department, has a vested interest in preserving the trailhead and trail access to Sign Hill Park as this is consistent with the General Plan’s vision for open space and recreation access and the trail has been in regular use for at least thirty years. The Property remains in its mostly natural state as an access trail and the trailhead contains signage, refuse collection, and simple stairs maintained by the Parks and Recreation Department, as needed. After consideration and the threat of losing a portion of the upper trail that accesses Sign Hill Park, Council directed staff to study the Property for potential acquisition to preserve public access. DISCUSSION Appraisal and Negotiations City Council met in closed session on June 19, 2023 and about one year later on June 26, 2024 to discuss the possible acquisition of the Property as a resolution to the public access dispute. The City also commissioned an appraisal, considered the Seller’s submitted appraisal, and evaluated the public cost of losing trail access to form the basis of its price negotiations. Both appraisals are attachments and while they differ in valuation, staff negotiated a median agreement point, balancing the need to use available fund balance from the Park Land Acquisition Fee Fund (Fund 805) judiciously while assigning value to preserving the entire trail as permanently publicly accessible. After completing this work, staff began to negotiate with Tianyi “Sky” Zhang. Initially, a much larger parcel was proposed for purchase with a higher price. Staff, under Council direction, negotiated for a limited parcel that solely preserved the trailhead and upper trail and minimized land acquisition otherwise. Ultimately, Tianyi Zhang accepted the City’s best and final offer of $600,000 to acquire a parcel that includes the trailhead from Spruce Avenue and the upper trail currently located on 701 Spruce Avenue. The area was then staked out by City staff and the draft parcel map created for consideration. This parcel would be merged with the City’s 704 Spruce Avenue parcel through a lot line adjustment application and provide continuous public access to Sign Hill Park’s eastern face from Spruce Avenue/Telford Avenue. Future Property Uses City of South San Francisco Printed on 10/18/2024Page 2 of 4 powered by Legistar™343 File #:24-1068 Agenda Date:10/23/2024 Version:1 Item #:12. The Property would remain in its current rustic state - this trail has been in continuous use for over thirty years and does not meet modern standards. But public access from Spruce Avenue towards Telford Avenue or up a portion of the eastern face of Sign Hill Park would now be assured. Although the property’s valuation is based on a potential use as single family residential, the City’s intent is only to preserve the access to open space - no future development is contemplated, and use of the City’s Park Land Acquistion Fee Fund (Fund 805) precludes other uses. Purchase and Sale Agreement At the time that this staff report was completed, some details of the Purchase and Sale Agreement (PSA) for acquisition of the Property were still being negotiated, particularly the duration of due diligence. The City intends to conduct an Environmental Site Assessment (ESA) Phase 1 study to ensure there is no environmental liability that the City is purchasing. But because of the need to complete the acquisition in a timely manner for the Seller, staff is seeking Council approval for the PSA in substantially the form attached and authorization for the City Manager to execute the PSA once the final details have been negotiated, as long as the final terms do not unreasonably increase the City’s obligations above those reflected in the draft PSA attached to the associated Resolution, and subject to review by the City Attorney. Closing Escrow Per the attached Term Sheet and draft PSA attached to the Resolution, the City is obligated to close escrow within 30 days after recording of the parcel map that creates the acquisition parcel or 180 days from the effective date of the PSA. This includes undertaking the ESA Phase 1 and receiving confirmation from the City’s insurer that the properties are either insurable under the City’s current plan or for an additional fee. Currently, the ESA Phase 1 request through the City’s on-call consultants is prepped and ready and should be completed shortly after this Council meeting. Environmental Review The City will maintain and operate the existing facility as-is and therefore acquisition of the Property is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, which applies to operation and maintenance of existing facilities and structures. If the City Council decides to undertake a project on the property in the future, it will undertake environmental review under CEQA at the earliest feasible time. FISCAL IMPACT There is no impact to the General Fund associated with adopting the Resolution. The $600,000 appropriation will be drawn from available fund balance from the City’s Park Land Acquisition Fee Fund (Fund 805), which as of writing, had a balance of $3.1 million. Of which, $2.4 million has been obligated for other uses, leaving a current available fund balance of approximately $700,000. City of South San Francisco Printed on 10/18/2024Page 3 of 4 powered by Legistar™344 File #:24-1068 Agenda Date:10/23/2024 Version:1 Item #:12. CONCLUSION Ultimately, this acquisition presents an excellent opportunity for the City to control and preserve a public trail accessing Sign Hill Park. Staff recommends that the City Council adopt a Resolution: 1)Approving Budget Amendment Number 25.025 appropriating $600,000 to acquire and preserve a public access trail created from 701 Spruce Avenue in South San Francisco, from the Park Land Acquisition Fee Fund (Fund 805); and 2)Authorizing the City Manager to enter into a Purchase and Sale Agreement with the seller, Tianyi Zhang, in substantially the form attached to the associated Resolution. Attachments: 1. DRAFT Acquisition Parcel attached for reference only - Final to be included in Final PSA 2. Seller Appraisal 3. City Appraisal City of South San Francisco Printed on 10/18/2024Page 4 of 4 powered by Legistar™345 *** PRELIMINARY PRINT 10/14/2024 *** 34 6 APPRAISAL OF Excess Land Property 701 Spruce Avenue South San Francisco, California PREPARED FOR Mr. Sky Zhang South San Francisco, California Effective Date of Value: September 15, 2021 Date of Report: October 7, 2021 PREPARED BY Joseph I. Napoliello, MAI South San Francisco, California 347 APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 2. Joseph I. Napoliello, MAI Commercial – Industrial – Residential – Real Estate Appraisal and Consultation 840 Olive Avenue #3, So. San Francisco, CA 94080 415-309-6728 Joe@JNval.com October 7, 2021 Mr. Sky Zhang 701 Spruce Avenue South San Francisco, California 94080 Re: Appraisal of Excess Land Property 701 Spruce Avenue South San Francisco, California Our Job # 2021470 Dear Mr. Zhang: In accordance with your recent request and authorization, I have inspected and appraised the excess land property at 701 Spruce Avenue in the City of South San Francisco, County of San Mateo, California. There is currently a Larger Parcel comprised of approximately 40,974 square feet of land and a single-family residence. The excess land (Excess Parcel) is comprised of approximately 25,763 square feet of vacant land at the rear of the existing residence. The appraisal was made to provide an independent opinion of market value in the undivided fee simple interest in the property as of September 15, 2021, the date of the most recent physical visit to the property. The accompanying report has been prepared for your use for excess land valuation purposes and may not be used by or distributed to any other parties without my written consent. The report, which has been prepared to the standards addressed in the Uniform Standards of Professional Appraisal Practice (USPAP), describes in narrative fashion the area, neighborhood, site, improvements, highest and best use, and my method of appraisal. It contains the pertinent data considered in reaching my valuation conclusions. Please note, in particular, the Statement of Limiting Conditions and Assumptions found in the report. 348 Page 3. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The property was inspected and appraised by Joseph I. Napoliello, MAI, without significant professional assistance from any other persons. I performed an appraisal process using data and analyses considered necessary to produce a credible value conclusion(s) and prepared an appraisal report as described in USPAP. Based on my visual inspection of the site and improvements, investigation, and analyses undertaken, I have formed the opinion that as of September 15, 2021, and subject to the definition of value, assumptions and limiting conditions, and certification contained in the report, the Excess Parcel property had an undivided fee simple market value, as is, of EIGHT HUNDRED TWENTY THOUSAND DOLLARS ($820,000) Extraordinary Valuation Assumption: The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO) in March 2020. The reader is cautioned, and reminded, that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event after the effective date of the appraisal. The valuation is based on the supposition that the excess property (residual lot) can be severed from the residential parcel at 701 Spruce Avenue. A hypothetical condition assumes something about the property that is contrary to known fact but is supposed for valuation purposes. The use of this condition may have an affect on the assignment results and the appraiser reserves the right to review the valuation conclusions should additional information become available. This letter of transmittal is not intended to be a report of my data and conclusions. The report, which follows, must be read in its entirety to allow the user to fully comprehend the market data I relied on, my value conclusions, assumptions, and limiting conditions. The above value opinions do not include any personal property, fixtures, or intangibles. Respectfully submitted, Joseph I. Napoliello, MAI Certified General Real Estate Appraiser CA #AG003794 349 Page 4. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Table of Contents BASIC PROPERTY DATA ............................................................................................. 6 STATEMENT OF LIMITING CONDITIONS AND ASSUMPTIONS .............................. 10 CERTIFICATION........................................................................................................... 13 SCOPE OF WORK ....................................................................................................... 14 DESCRIPTION OF PROPERTY UNDER APPRAISAL ................................................ 15 Market Area: .............................................................................................................. 15 City of South San Francisco ...................................................................................... 15 Neighborhood Description ......................................................................................... 17 Analyses and Conclusions ......................................................................................... 18 Real Estate Under Appraisal: .................................................................................... 21 Site Characteristics: ............................................................................................... 21 Property History and Taxes: ................................................................................... 23 Building Improvements: .......................................................................................... 23 MARKET TRENDS, HIGHEST AND BEST USE AND METHODOLOGY .................... 30 Market Trends: .......................................................................................................... 30 Comments on Market Trends .................................................................................... 31 Subject Analysis: ....................................................................................................... 34 Highest and Best Use As If Vacant – Larger Parcel: ................................................. 34 Methodology: ............................................................................................................. 40 LAND VALUATION ...................................................................................................... 41 Land Market Data ...................................................................................................... 41 Analysis and Value Conclusion ................................................................................. 53 Price Per Square Foot ............................................................................................... 55 Price Per DU .............................................................................................................. 56 Price per FAR Foot .................................................................................................... 58 Reconciliation ............................................................................................................ 61 Residual Value of Excess Parcel ............................................................................... 63 Marketing/Exposure Time Estimate ........................................................................... 64 Table of Exhibits Figure 1 - Area Map ...................................................................................................... 19 Figure 2 - Neighborhood Map ....................................................................................... 20 Figure 3 - Plat Map ........................................................................................................ 24 Figure 4 - Survey Map ................................................................................................... 25 Figure 5 - Views of Subject ........................................................................................... 26 Figure 6 - Summary of Comparable Land Sales ........................................................... 42 350 Page 5. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 7 - Land Sales Location Map.............................................................................. 43 Figure 8 - Land Sales Comparison Grid – Per Sq. Ft. ................................................... 50 Figure 9 - Price Per Dwelling Unit Adjustment Grid ....................................................... 57 Figure 10 - Price Per FAR Ft. Adjustment Grid ............................................................. 59 Addenda Definitions Qualifications of Appraiser 351 Page 6. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA SUMMARY OF APPRAISAL BASIC PROPERTY DATA PROPERTY ADDRESS: 701 Spruce Avenue South San Francisco California 94080 APN: 012-131-040 OWNER:Sky Zhang Tianyi Trust ZONING:RL-8, Low Density Residential, under the jurisdiction of the City of South San Francisco PRESENT USE:Excess land property HIGHEST AND BEST USE: Future residential development LAND AREA: Larger Parcel +40,974 square feet or +0.941 acres Excess Land (Excess Parcel) +25,763 square feet or +0.591 acres PROPERTY DESCRIPTION: The site is improved with a single-family residence. This appraisal is of excess land behind the existing property and no valuation of the residence is intended. PROPERTY RIGHTS TO BE VALUED: Fee simple EFFECTIVE DATE OF VALUE: September 15, 2021 DATE OF REPORT: October 7, 2021 CLIENT: Mr. Sky Zhang 701 Spruce Avenue South San Francisco, California 94080 INTENDED USE OF REPORT: This appraisal is intended to assist the owner in possibly selling the excess land. 352 Page 7. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA OTHER INTENDED USERS OF THE REPORT: None FORM OF REPORT: USPAP Standard 2-2 Appraisal Report CONDITIONS OF ASSIGNMENT: The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO) in March 2020. The reader is cautioned, and reminded, that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event after the effective date of the appraisal. The valuation is also based on the supposition that the excess property can be severed from the residential parcel at 701 Spruce Avenue. A hypothetical condition assumes something about the property that is contrary to known fact but is supposed for valuation purposes. The use of this condition may have an affect on the assignment results and the appraiser reserves the right to review the valuation conclusions should additional information become available. See statement of limiting conditions, assumptions and appraiser’s certification which follow. VALUATION CONCLUSION: Larger Parcel - $1,475,000, as if vacant, as of the date of valuation and subject to the stated limiting conditions, assumptions and certification Excess Parcel - $820,000, as vacant, as of the date of value and subject to the stated limiting conditions, assumptions and certification 353 Page 8. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Unit of Comparison Indicators /Unit Per Sq. Ft.: $1,536,525 $37.50 Per DU: $1,500,000 $375,000 Per FAR Ft. $1,480,000 $185 Reconciled - As Vacant $1,500,000 Demolition Cost -$19,950 Value - As Is $1,480,050 Rounded to $1,475,000 Value of Larger Parcel $1,475,000 Less Front Parcel -$400,000 Less Subdivision Costs -$50,000 Less Cost Differential -$208,000 Residual Value $817,000 Rounded to $820,000 Back Lot/Sq. Ft. 25,763 Value/Sq. Ft. $31.83 354 Page 9. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Views of Subject Front View Street Scene 355 Page 10. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA STATEMENT OF LIMITING CONDITIONS AND ASSUMPTIONS This appraisal is made subject to the following extraordinary limiting conditions or assumptions: The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO) in March 2020. The reader is cautioned, and reminded, that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event after the effective date of the appraisal. The valuation is based on the supposition that the excess property can be severed from the residential parcel at 701 Spruce Avenue. A hypothetical condition assumes something about the property that is contrary to known fact but is supposed for valuation purposes. The use of this condition may have an affect on the assignment results and the appraiser reserves the right to review the valuation conclusions should additional information become available. Use of or reliance on this appraisal or appraisal report, regardless of whether such use or reliance is known or authorized by the appraiser, constitutes acknowledgment and acceptance of these general assumptions and limiting conditions, any extraordinary assumptions or hypothetical conditions, and any other terms and conditions stated in this report. This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. We have not attempted to independently verify any rental, income, or expense data provided to us. 5. It is assumed that the reader or user of this report has been provided with copies of available building plans and all leases and amendments, if any, that encumber the property. 6. If no legal description was furnished, the appraiser used the county tax plat to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate the appraiser reserves the right to review any value conclusions. 7. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 356 Page 11. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA 9. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 10. It is assumed that all water, sewer facilities and utilities (whether existing or proposed) are or will be in good working order, are safe for use, and are or will be sufficient to serve the current or proposed uses of the subject property or any structures or other improvements. Determining and reporting on such matters were not part of the scope of work for this assignment. 11. It is assumed that the property is in compliance with all applicable federal, state and local laws, ordinances, regulations, building standards, use restrictions and zoning unless the lack of compliance is stated in the appraisal report. Determining and reporting on such compliance were not part of the scope of work for this assignment. 12. Any proposed improvements are assumed to have been completed unless otherwise stipulated, so any construction is assumed to conform with the building plans referenced in the report. 13. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value opinion contained in this report is based. 14. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 15. It is assumed that the property has been adequately exposed for a reasonable time in advance of the effective date of this report. In a market value appraisal there is the assumption of hypothetical sale as of the date of value. It is further assumed that the exposure or marketing effort was commensurate with the type of real property interest, the use of the property, its market value, and the likely buyer. 16. Unless otherwise stated in this report, the past or current existence of hazardous materials or environmental contamination on, below or near the subject property was not observed or known by the appraiser. The appraiser, however, is not qualified to detect such substances or to make determinations about their presence. The presence of substances such as asbestos, urea-formaldehyde foam insulation and other potentially hazardous materials or environmental contamination may affect the value of the property. Unless otherwise stated, the value estimated is predicated on the assumption that there is no such material on, below or affecting the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering assistance required to discover them. The intended user is urged to retain an expert in this field, if desired. This appraisal report has been made with the following general limiting conditions: 1. Any allocation of the total opinion of value estimated in this report between the land and the improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 357 Page 12. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA 2. Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report. 3. For proposed construction, only preliminary plans and specifications were available for use in the preparation of this appraisal; the analysis, therefore, is subject to a review of the final plans and specifications when available. 4. Possession of this report, or a copy thereof, does not carry with it the right of publication. 5. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or be in attendance in court with reference to the property in question unless arrangements have been previously made. 6. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. 7. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. 8. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey or analysis of the property to determine whether or not it is in conformity with the various detailed requirements of ADA. It is possible that a compliance survey of the property and a detailed analysis of the requirement of the ADA would reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative impact upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in estimating the value of the property. 9. This report has been prepared specifically for the stated use and benefit of the client, as named in the introduction, and may not be used by any other party without prior written consent and approval of the appraiser. 358 Page 13. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA CERTIFICATION I certify that to the best of my knowledge and belief: x The statements of fact contained in this report are true and correct. x The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, unbiased professional analyses, opinions, and conclusions. x I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. x I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. x I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. x My engagement in this assignment was not contingent on developing or reporting predetermined results. x My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My value conclusion(s), as well as other opinions expressed herein, are not based on a requested minimum valuation, a specific valuation, or the approval of a loan. x My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. x I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. x As of the date of the report, I have completed the requirements of the continuing education program of the Appraisal Institute. x I, the undersigned, have made a personal inspection of the property that is the subject of this report. x No other persons provided significant professional assistance to the person(s) signing this report. Joseph I. Napoliello, MAI Certified General Real Estate Appraiser CA Certificate #AG003794 359 Page 14. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA SCOPE OF WORK In preparing this appraisal, the appraiser: 1. Inspected the subject site and the improvements, 2. collected and analyzed regional, city and neighborhood data, 3. collected and analyzed pertinent data on the physical and legal characteristics of the site and improvements including environmental issues, zoning data, legal description and other related matters, 4. collected, verified, and analyzed comparable land sales data, 5. analyzed the highest and best use of the property, 6. developed an independent opinion of market value using the sales comparison and income approaches to value and reconciled the indications to a final opinion of value. Market data was developed from a number of data services and contacts with real estate brokers and other appraisers. The property was inspected by Joseph Napoliello, MAI. No other persons provided significant professional assistance in the valuation of the property or the writing of the report to the appraiser. The comparables selected for analysis of the value of the property have been confirmed with at least one of the principals to the transactions or their employees or brokers or agents involved or through two separate, independent sources. The appraiser also relied on public data from the assessor's and recorder's offices and the planning department to supplement direct contacts. These findings are presented in a narrative report format and the type of data and analyses necessary to produce a credible appraisal of the property have been applied. The appraisal process and development of the report were intended to meet the standards outlined in the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics of the Appraisal Institute. The appraiser has over 30 years of appraisal experience and is familiar with the subject property type and market. 360 Page 15. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA DESCRIPTION OF PROPERTY UNDER APPRAISAL Market Area: The property under appraisal is located in the City of South San Francisco. It is further located in northern San Mateo County, one of the nine counties that make up the San Francisco Bay Area. The city is situated between the San Francisco Bay and Interstate 280 just south of San Bruno Mountain. It is bounded on the north by the City of Brisbane, on the east by San Francisco Bay, to the south by the City of San Bruno and to the west by the city of Pacifica. The San Francisco Bay Area is the fourth largest metropolitan area in the United States. It has a total population of over seven million. Located approximately 350 miles northwest of Los Angeles, the Bay Area is a center of international commerce and a popular tourist destination, as well. The largest cities are San Jose, San Francisco and Oakland. San Francisco is a major headquarters city with over 80 million square feet of office space in its downtown. San Jose, at the heart of the Silicon Valley, is now the most populous city in the area. It is also a major headquarters city and the center of the technology industry in California. Oakland is a major port and industrial city with a smaller, but still significant commercial presence. San Mateo County is centrally located between San Francisco and San Jose and the Pacific Ocean and the San Francisco Bay. The County of San Mateo, set on the San Francisco Peninsula between San Francisco and San Jose, benefits from a good location between major metropolitan centers. The county is the home of some major international corporations, and the population is well educated and enjoys a high level of income. Growth has stabilized at under 1% per year, and property prices are high. It should continue to be a desirable location to live and work into the foreseeable future. City of South San Francisco The subject property is located in the incorporated city of South San Francisco, San Mateo County, California. South San Francisco is located eight miles south of downtown San Francisco, 400 miles north of Los Angeles, and immediately north of San Francisco International Airport. The city has, for many years, had a significant industrial base and it has also been a popular bedroom community for San Francisco to the north. Bay Area Population Land Area Density Density 2021 Sq. Mi./ Sq. Mi. Alameda 1,656,591 737.6 2,245.9 Contra Costa 1,153,854 719.9 1,602.8 Marin 257,774 519.8 495.9 Napa 137,637 753.7 182.6 San Francisco 875,010 46.7 18,736.8 San Mateo 765,245 449.1 1,704.0 Santa Clara 1,934,171 1,290.7 1,498.5 Solano 438,527 829.2 528.9 Sonoma 484,207 1,575.9 307.3 Totals 7,703,016 6,922.6 1,112.7 Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State; County Profiles 361 Page 16. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The population of South San Francisco increased from 46,646 to 67,135 between 1970 and 2021. While many of the houses in South San Francisco are older, there has been more recent development in the western portion of the city near Interstate 280 and along the lower elevations of San Bruno Mountain at the city's northern edge. There is also new higher-density apartment development in the downtown area, as well. Households are larger in South San Francisco (3.1) than the county as a whole (2.84). Public school students generally score in the 60th percentile in reading and math. There are ten elementary schools, three middle schools and three high schools in the South San Francisco Unified School District and the elementary schools provide day care programs. The city has fourteen parks and playgrounds, several golf courses, an indoor pool, a gymnasium and several community centers. As of July 2021, South San Francisco had a labor force of 38,900. Unemployment was 6%, reflecting the Covid-19 pandemic. Median household income in (most recent census data) of $96,930 was significantly above the statewide figure of $71,228 but lower than the countywide figure of $113,776. There are more jobs than employment age residents in South San Francisco. ABAG estimated the total number of jobs in South San Francisco in 2010 at 46,170 compared with an employment base of around 40,000. The in-commute will continue as industrial and commercial land is developed and redeveloped to higher uses. According to the local Chamber of Commerce, the largest employers are United Airlines, Genentech, Kaiser Hospital, South San Francisco Unified School District and Costco. There is limited heavy industry in South San Francisco (nickname "The Industrial City"), but most employment today is in light manufacturing, warehousing, R&D and bio-tech or service industries. The main factor in South San Francisco's recent growth and development is its location. It has become an important distribution location and much of its growth has resulted from the presence of San Francisco International Airport immediately to the south and the demand for space from airline-serving industries such as freight forwarders, distribution companies, customs brokers, hotel operators and car rental companies. Additionally, it is home to the growing bio-tech industry. Median home prices are high. The figure for South San Francisco was $1,122,500 in July of 2021 compared with the countywide figure of $1,583,000 according to the CoreLogic. There are over 1,600 acres in the city limits zoned for commercial and industrial use. There is also a significant amount of industrial land that is under- developed and suitable for redevelopment in the future. Included in this acreage are a Population Growth Year 2021 % Chg. 2020 % Chg. 2010 So. San Francisco 67,135 -0.9% 67,730 6.4% 63,632 San Mateo Co. 765,245 -0.8% 771,061 7.3% 718,451 California 39,466,855 -0.5% 39,648,938 6.4% 37,253,956 Source: DOF E-5 City/County Population and Housing Estimates 362 Page 17. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA total of five industrial parks or districts. Terrain is level to hilly. Drainage is good. Subsoil is good to fair, and piling is sometimes required. South San Francisco has a council/manager form of government. The mayor and city council members serve on various governmental boards throughout the county and Bay Area. The city has over 500 personnel. The fire rating is City Rating: 2. The city council is committed to industrial and commercial growth and this support is reflected in its policies and general plan. The city has nine square miles of land. South San Francisco has a slightly better climate than San Francisco, less fog and slightly warmer temperatures, but it is prone to being very windy. Mean temperature in January is 49 degrees, ranging from a low of 42 degrees to a high of 56 degrees. Summer temperatures in July average 63 degrees and range from the mid-50s to mid-80s. Annual rainfall is 19.7 inches, with most rain falling in January. Noon-time humidity averages 69 percent annually, with the lowest humidity in October (67%) and the highest level in April (73%). All forms of transportation are available. Rail service is provided by CalTrain Commute Service. U.P.S. headquarters are located in South San Francisco. There are a number of freight forwarders and domestic trucking lines with overnight delivery to all of California and parts of Nevada. San Francisco International Airport provides scheduled passenger and air-freight service. San Carlos Airport, eleven miles south, serves executive and private planes. Greyhound Bus Line provides transcontinental service; SamTrans provides city and county bus service. The deep-water port of San Francisco is located 10 miles north and the Port of Redwood City is located sixteen miles south. U.S. Highway 101, Interstate 280 and 380, and the El Camino Real are major surface routes serving the city and connect it with San Francisco and San Jose. U.S. Highway 101 is the major north/south interstate highway linking the three western states. Neighborhood Description The subject is set along the flank of Sign Hill and is at the edge of the older downtown area of South San Francisco. U.S. Highway 101 is the easterly boundary. North Canal Street and an older industrial neighborhood is immediately to the south. The westerly edge of the neighborhood is roughly along Chestnut Street and Sign Hill is the northerly edge. The neighborhood has a diverse mix of older and newer homes, apartments and commercial buildings. The core of the neighborhood, several blocks south of the subject, is Grand Avenue. It serves as the central business district. City Hall is also downtown, but the city has plans to move to a new facility near Chestnut Street and El Camino Real which offers a more centralized location nearer the police department. The subject's neighborhood is essentially 100% developed. Primary land uses in the district include single-family homes, smaller apartments, larger, mostly newer apartments and service and commercial uses along Grand and Linden Avenues. Much of the development in the general neighborhood is 60 years old or more. The most recent developments are large-scale apartments near the Airport Boulevard corridor. 363 Page 18. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The immediate blocks near the subject are low-density residential with two public schools also nearby. The district is characterized by level to sloping terrain with steeper streets on the southerly flank of Sign Hill. All typical urban utilities are available and are of sufficient capacity for any legal uses. There are no detrimental nuisances or hazards in the neighborhood except for high traffic and noise levels due to proximity to U.S. 101 and SFO. Upkeep of nearby properties varies from average to good. The neighborhood does enjoy reasonable access characteristics from downtown South San Francisco and Highway 101 and limited access from El Camino Real on the west. Public transit is available nearby. The primary surface streets in this area carry moderate-to-high levels of automobile traffic with lower-density residential side streets less congested. Congestion is not a serious problem in this area except during limited rush hour periods. U.S. Highway 101 is the major freeway serving the area and it does carry very high levels of traffic at all hours. Proximity to the airport also adds to congestion on the freeway at certain times. Shopping and services are available within the district and retail and commercial businesses are also found along Airport Boulevard, San Mateo Avenue, Spruce Avenue and El Camino Real provide a variety of goods and services. Analyses and Conclusions The subject is located in the city of South San Francisco in northern San Mateo County. The county and the city have historically served as a bedroom community for San Francisco, but South San Francisco has also had a strong history of industrial development much of which supports the San Francisco airport plus newer life-sciences businesses, as well. The county and the city are both desirable locations for businesses and residences and this market will have better than average asset protection characteristics well into the future. 364 Page 19. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 1 - Area Map 365 Page 20. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 2 - Neighborhood Map 366 Page 21. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Real Estate Under Appraisal: Site Characteristics: Address: The subject site has a common street address of 701 Spruce Avenue, South San Francisco, California 94080 County of San Mateo Parcel Number: It is identified by the San Mateo County assessor as parcel 012-131-040 Owner: The property is owned by: Sky Zhang Tianyi Trust Land Area: The site has a total land area of approximately 25,763 square feet or 0.591 acres. Dimensions/Shape: It has irregular dimensions. Its size and shape are not typical for the neighborhood. It has a street frontage of approximately 77.6 feet along the westerly line of Spruce Avenue. Setting and Plottage Potential: The parcel has a mid-block setting. Adjacent properties are fully improved and there is no potential for plottage to create a higher and better use through assemblage. The lot does appear to afford the potential for subdivision, however. Topography: The parcel is upward sloping and above the grade of Spruce Avenue. Soils Conditions/Environment: Soils conditions appear adequate, but this is an active earthquake region. The subject is not located in a special flood zone (Flood Zone X, Area of Minimal Flood Hazard, Map 06081C0041E, Effective October 16, 2012) nor is the appraiser aware of any other detrimental conditions on the site. The state’s GeoTracker website was checked, and no environmental hazards were reported on the site. It should be noted, however, that the site is immediately downhill from large water storage tanks. 367 Page 22. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA According to the Association of Bay Area Governments (ABAG), the property has an earthquake shaking severity index of: MMI 8 - Severe And a susceptibility to liquefaction rating of: Very Low. The local climate is considered Mediterranean, and it is also semi-arid. The subject is set between the coast and the bay, and it tends to have more fog with milder temperatures. Utilities: All utilities are available to the site and sufficient in capacity for the current use or any likely higher and better use. Streets: Spruce Avenue is a two-lane collector street. It is asphalt paved with concrete curbs, gutters and sidewalks. It does tend to carry higher than average traffic because it provides the neighborhood a direct connection with Hillside Boulevard which provides access to western neighborhoods and Highway 101 to the east and there are two schools along the street, as well. Zoning: The parcel is zoned RL-8, Low Density Residential, under the jurisdiction of the City of South San Francisco. The current use is apparently a legal, conforming use, but it is low in density at just 1.1 units per acre compared to the allowable density of 8 units per acre. Development standards include: Minimum Lot: 5,000 square feet, 6,000 for corner lots Minimum Width: 50 feet for interior lots and 60 feet for corner lots Minimum Depth of 80 feet Maximum Building Height: 28 feet Yards: 15 feet front; 5 feet side; 10 feet rear Maximum Coverage: 50% Maximum FAR: 0.5 or 2,000 square feet, whichever is larger Maximum Density: 8 DU/acre Easements: A preliminary title report was not provided, and the valuation assumes there are no easements or conditions of title that would have a material influence the value or marketability of the site. There are some encroachments as noted on the map which follows. These are also assumed to be movable and of nominal value relative to the underlying fee. Historic Resources: The site is not in a preservation area. The improvements have not been identified as having historic resource characteristics by the city. 368 Page 23. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Overall Site Utility: Poor overall utility for development/construction difficulty, but the lot affords a good view outlook. Property History and Taxes: The property in February 2018 for $1,420,000. A recent listing of the property has not been found. Property Taxes: Most current taxes and assessments are as follows. Assessed Value 012-131-040 Land $1,156,296 Improvements $351,011 Exemption -$7,000 Total $1,500,307 Base Tax $15,871.74 Base Tax Rate 1.0579% Direct Charges $856.02 Total Taxes $16,727.76 Total Tax Rate 1.1150% Building Improvements: The site is improved with a residence constructed in 1951 with a total livable area of 1,995 square feet per the public record. As the assignment involves excess land, the house was not valued. 369 Page 24. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 3 - Plat Map 370 Page 25. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 4 - Survey Map 371 Page 26. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 5 - Views of Subject Front View Interior View 372 Page 27. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA View of Subject Street Scene Street Scene 373 Page 28. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Views of Subject View From Excess Parcel Interior View 374 Page 29. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Views of Subject Interior View View of Rear of Front Parcel 375 Page 30. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA MARKET TRENDS, HIGHEST AND BEST USE AND METHODOLOGY Market Trends: The latest report on economic trends from the 12th District of the Federal Reserve follows. FedViews – September 9, 2021 “Andrew Foerster, senior research advisor at the Federal Reserve Bank of San Francisco, stated his views on the current economy and the outlook as of September 9, 2021. x The economy is rebounding with strong growth, as it continues to recover from the recessionary effects of the pandemic. However, high transmission of the Delta variant and low vaccination rates in some areas of the country pose a downside risk to economic growth. x GDP in the second quarter of 2021 exceeded 12% on a year-over-year basis, the highest reading since 1950. The base effects from the very low levels of GDP during the depths of the pandemic in early 2020 play a role in this high reading, but growth on a quarterly basis in the first half of 2021 has been robust. x The level of GDP now exceeds its pre-pandemic high reached at the end of 2019. While this suggests the economy has made up for the drop in output during the pandemic, GDP still sits below the trend implied by average growth in the pre-pandemic years. Continued above-trend growth is expected to narrow this gap in coming quarters. x Supply chain disruptions and bottlenecks have exacerbated the price pressures generated by strong demand. Personal consumption expenditures (PCE) inflation was 4.2% in the 12 months through July. Core PCE inflation over the same horizon was 3.6%. Inflation’s rise above the Federal Open Market Committee’s 2% target is expected to be transitory, with price increases moderating as the economy continues to adjust to the resumption of activity. x Used vehicles is a relatively small sector. Nonetheless, it has added atypically large contributions to overall inflation readings over the last several months. From 2015 to 2019, this sector averaged a negative contribution to PCE inflation because of generally falling used car prices. However, supply chain disruptions in computer chip manufacturing that began early in the pandemic have limited new vehicle manufacturing. As a result, consumers shifted demand toward used vehicles, leading to monthly double digit price increases. The last several months have thus seen used vehicles contribute around 0.6 percentage points to overall inflation, though the most recent data suggest this dynamic is starting to abate. While prices for used vehicles could remain high, if price increases cease, this sector will stop contributing to inflation. If price increases reverse, a negative contribution is possible, putting downward pressure on inflation. x The labor market continues to improve, but at an uneven pace. Concerns about the Delta variant slowed hiring in August relative to June and July, as payrolls expanded by a modest 235,000 jobs. Both the leisure and hospitality and retail trade industries saw tepid job growth, suggesting the increase in cases of the virus is a major factor for the slowdown. x Despite the slowing growth in hiring, the unemployment rate in August fell to 5.2%. This measure however sends an incomplete signal about the extent of the labor market recovery. A number of key groups—including parents who have temporarily left the labor market due to childcare concerns—are not officially counted as unemployed. The employment-population ratio still sits 2.6 percentage points below its pre-pandemic high. 376 Page 31. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA x Total U.S. employment is still about 5.7 million jobs below its pre-pandemic peak. This aggregate figure masks different employment dynamics across goods-producing and services sectors as well as across states. x The substantial decline in employment seen in April 2020 hit the services industries relatively harder than the goods-producing industries, as demand for many in-person services declined because of mandated social-distancing restrictions associated with virus concerns. Goods-producing employment fell by a little over 13% relative to January 2020, while services employment fell by 3 percentage points more. Since that initial decline, services employment has recovered at a relatively faster rate as social-distancing limits have been relaxed, and the gap between goods-producing and services employment has narrowed. x Employment patterns have varied substantially across the United States during the pandemic. Differences in the composition of sectors play a major role in how some state economies have fared. Goods-producing employment in Michigan initially fell by over 40% due to particularly large cutbacks in manufacturing jobs, but subsequently recovered toward the national average. Goods- producing employment in Wyoming remains particularly depressed because its mining and construction sectors were already contracting but have worsened since the onset of the pandemic. On the services employment side, Hawaii has an exceptionally high reliance on its leisure and hospitality sector. With lower tourism, that sector has dragged on employment, leading Hawaii to be the slowest state to recover services employment. Utah has been a relatively strong performer in both goods- producing and services employment, led by strength in construction and professional and business services.” Comments on Market Trends GDP dropped over 31% in the second quarter of 2020 due to the lockdowns throughout the U.S. The third quarter 2020 saw a tremendous rebound with Real GDP growth of 33.4%, annualized. Quarter 4 saw a 4.1% increase and the Q1 2021 figure was a 6.4% annualized rate. The advance figure for Q2 2021 is 6.5%. Return to more normalized growth is expected in 2022. The sectors that saw the most disruption were transportation, recreation, restaurants and hotels according to the Federal Reserve. Consumer spending has clearly rebounded, and job growth has picked up. The economy is showing early signs of a return to normalcy in the travel and hospitality sectors. Daily air travel has reached the 2 million passenger level recently. Hotel occupancy has reached over 50%, as well. These are not pre-pandemic levels, but they are significant improvements to rates seen in mid-to-late 2020. In the real estate markets, brokers report some buyers are still active, but sellers are cautious. Larger institutional investors and owner-users seem to be more active than smaller investors based on anecdotal information from brokers. Likely in part due to a more difficult commercial lending environment. Property owners with no need to sell quickly who are not highly leveraged can wait out a short disruption. There may be some sellers who will need to liquidate real estate holdings, but this would likely not meet the definition of market value where the seller is not capable of holding on for better conditions or willing to wait. Such transactions will be viewed as forced sales and will likely be outliers compared with the longer-term market trend. Of note, however, the retail and office markets are being viewed 377 Page 32. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA skeptically because on-again/off-again shelter-in-place orders and masking requirements have been most disruptive to those sectors. In some markets there is a significant gap between buyers and sellers. Buyers are looking for “Covid Discounts” while sellers are holding to pre-pandemic pricing. There are long-term impacts to be sorted out, but it is difficult in this unusual period of history to reliably measure the influence on value as there are fewer closed sales and rentals. Inflation, on average, had been below the Fed’s target of 2% on the national level. The Fed expects a “transitory” increase in core inflation in 2021 but a return to more normal levels afterward. There is disagreement, however, with many private economists seeing more long-term effects. The PCE (personal consumption expenditures) inflation index used by the Fed is prepared by the Bureau of Economic Analysis (BEA) instead of the BLS and it tends to run lower than the more volatile CPI measure. The CPI is a better- known index, and it is also frequently used in real estate transactions, especially leases, as a measure of inflation. Overall, inflation dropped during the pandemic in the San Francisco Bay Area market. It is trending upward sharply now in the west and nationally. The local rate of inflation as measured by the CPI All Urban Consumers for the San Francisco Bay Area was 3.66% in August 2021 compared with 5.25% on a nationwide basis. As of August 2021, the 24- month average CPI for the San Francisco Bay Area was 2.36% versus 2.26% nationally, but 2.4% locally over the past 12 months versus 2.9% nationally. Single-family mortgage rates fell in 2020 but stabilized late in the year. Longer rates had been less volatile, but the rates have shown significant variability as shorter-term government yield rates rose, fell, and then rose again recently. Calendar year 2021 started with the FHLMC 30-year fixed rate at 2.65%. The rate hit a low of 2.65% and a high of 3.18% over the past 52 weeks with an average of 2.88%. It was 3.01% as of September 30, 2021. February 2020 marks the beginning of the Covid-19 Pendemic influence on market trends. Even with low mortgage rates home sales have been limited by a small inventory of property for sale and stringent credit requirements for borrowers. The Fed lowered the discount rate to a range of 0% and 0.25% in early March 2020, but the 12th District’s rate is 0.25%. The discount rate remains low by historical standards and the correlation between interest rates and overall rates of capitalization is often fuzzy. There is, however, expectation that capitalization rates may rise over time. How much and how fast rates will change is uncertain. 378 Page 33. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Housing prices have increased in core areas but the pace of the upward trend in prices moderated in some areas at year end 2020. Buyers looking to escape urban areas and a lack of inventory for sale have pushed prices much higher recently. While year-over-year figures were higher, month-over-month figures fell by an average of -1.9%, but this is not unusual for August compared with July. Multi-family residential land markets were active through 2019, but slowing has been evident recently. Land prices have reached very lofty levels and there are concerns that the high rental prices that drove land purchases may not be sustainable in the long run. In the Bay Area, apartment rental rates were under upward pressure in areas with strong employment growth such as San Francisco, San Mateo County and Santa Clara County but prices moderated in 2019 and have fallen during the pandemic. According to Kidder Mathews, Bay Area vacancy stood at 6.9% as of the second quarter of 2021 – a 4.3% increase over the prior year. Average asking rent is $2,352 per month, virtually unchanged over the prior year. Other data suggest prices have declined sharply at the upper end of the rental market in San Francisco and other urbanized markets. Over time, the West Bay counties have seen the greatest growth in employment with more modest improvements in the other Bay Area counties. Recent announcements about tech company headquarters being relocated out of the Bay Area pose significant concerns for the future, however. The companies relocating headquarters out of the area include: Oracle Corporation, Tesla, Hewlett Packard Enterprise, Palantir, and Credit Karma. Commonly cited reasons for the departures include the high cost of living and high taxes. Total current (August 2021) Bay Area employment of 3,802,200 is 192,000 below the recent peak figure of 3,994,200 and the all-time high of 4,174,300 set in December 2018. The labor force is 139,500 below the recent peak figure of 4,161,600 and the all- time high of 4,284,700 set in November 2018. Job growth over the past three months was 57,300 versus 206,700 for the same period last year. March 2020 represents the first month of significant job loss due to the Covid-19 pandemic. Some speculative commercial real estate developments will likely continue. The life sciences sector appears to remain in favor. Large investors are still acquiring sites for larger-scale multi-family development. The industrial, life science and R&D markets appear to be the most stable. The multi-family market has seen some deals fall through San Francisco Bay Area Median Home Prices by County Source: Corelogic County Aug. 2021 Aug. 2020 % Chg. Alameda $1,000,000 $880,000 13.6% Contra Costa $773,500 $720,000 7.4% Marin $1,377,500 $1,295,000 6.4% Napa $787,500 $739,500 6.5% San Francisco $1,450,000 $1,400,000 3.6% San Mateo $1,500,000 $1,475,000 1.7% Santa Clara $1,325,000 $1,200,000 10.4% Solano $566,000 $483,000 17.2% Sonoma $685,000 $622,000 10.1% Average of Medians: $1,051,611 $979,389 7.4% 379 Page 34. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA and modest price declines. The office market and retail sectors have seen the greatest impact with many stores and offices closed and expected to remain closed into Late- 2021 or early 2022. Prices in the office and retail sectors have fallen and are expected to stay under pressure for some time. Gold prices had fallen over time but have seen strength recently. Oil had been relatively stable trading in a $45 to $65 range, but coincident with the Coronavirus outbreak, Saudi Arabia and Russia engaged in a battle for control of the market and the price of oil plunged to $20 to $30 per barrel. The price recovered to the $65 to $75+ range and recently jumped to around $80 per barrel. The energy market is expected to remain volatile. The economy was strong prior to the impact of the Coronavirus. The real estate markets faced headwinds in 2020 due to uncertainty over recovery and will continue to face uncertainty in 2021. It is too early in the period marked by the pandemic to accurately judge the long-term effects on property prices. Various legislative efforts have been taken to protect tenants from eviction for any reason. Other efforts are being considered to further protections which may be detrimental to property owners in the short run. Overall property prices have been high which further suggests more market risk in the near term. Subject Analysis: The subject is a single-family residential property with excess land. It has a favorable residential location near downtown South San Francisco and a good view outlook. It is near schools, shopping and services and public transit is available nearby. It is in a market segment that has low vacancy and high rental and sale prices. The property is older, but it appears of average quality and condition. Demand for well-located residential property is strong as evidenced by short marketing times and high prices. There is little likelihood of new competitive supply as this is a near fully built out market. The overall economy has a favorable long-term outlook, and the subject would likely enjoy a favorable competitive position with above average demand. Highest and Best Use As If Vacant – Larger Parcel: RL-8 zoning is intended to permit low-density residential development. Physically, the site has a significant upslope with essentially two levels. The lower level is improved with an existing residence. The upper level or the Excess Parcel is vacant and has limited access with no street frontage. Current zoning permits a maximum of eight dwelling units per acre so the site could accommodate seven or possibly eight residences. The physical features of the site would make this type of density difficult to achieve given the need for access in a conventional subdivision. Providing a direct street connection to the interior of the lot would substantially reduce the developable area. A more logical approach would be a condominium or planned unit type development with shared ownership of the Larger Parcel. This would allow for centralized parking on the front of the property where street access is readily available. Then there could be separate residential development sites. The most likely arrangement would be one unit at the front above a parking structure with three to five 380 Page 35. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA additional units at the rear on the Excess Parcel. Given the slope of the lot, an elevator could be added to the garage to service the upper-level residences. A total density of 4 to 6 units is more probable given the configuration of the land. New development is financially feasible given high residential house prices in the market. The question of maximal development is addressed here in a financial analysis. It is assumed that a reasonable development would likely be permitted by the city given the need for housing and the allowable density of seven to eight units by right. To test highest and best use, a cost analysis of a theoretical development on the site is developed using standardized building costs from the Marshall Valuation Manual. A static highest and best use analysis is built around the cost estimate. The technique measures feasibility rent versus market rent. Feasibility rent is the income (per square foot) that would produce the necessary net income to make a new project economically viable according to typical (market) cost, expense and required return parameters. It is not indicative of an actual project, so it is not a cost estimate or a means of valuation. The static analysis also assumes the project is built and occupied so it does not include an allowance for the time cost of money. The project’s costs are based on a very good quality Class C residential development (Good quality is more typical of newer houses in the neighborhood). The primary analysis assumes four new residences of 2,000 square feet each and a common parking structure and elevator. Land value is developed in the next section. Cost Inputs Lot Area: 40,974 sq. ft. (usable) Land by Extraction/Sq. Ft.: $36 /sq. ft. Total Land: $1,475,000 Bldg. Area: 8,000 Residential Sub. Area: 2,000 Garage 1stFloor 4,000 Approximate Net Land Area 36,974 Approximate Adjusted base costs for the project follow. 381 Page 36. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Base Cost Estimate Use:SFR Garage Class:CC Quality:Very Gd. Very Gd. Base Cost:$166.00 $30.00 Current Adj.:1.23 1.23 Local Adj.:1.40 1.40 Sub-Total $285.85 $51.66 HVAC Adj.:$0.00 $0.00 Multi-Story Adj.:$0.00 $0.00 Sprinklers:$5.00 $5.00 Sub-Total $290.85 $56.66 Perim. Adj.:1.000 1.000 Elevator 1.050 1.050 Adj. Cost:$305.39 $59.49 Bldg. Area:8,000 2,000 Cost/Use:$305.39 $59.49 Total Base Cost:$2,443,120 $118,980 Total:$2,562,100 Base hard costs are adjusted for site and yard improvements and fixtures and equipment. Soft costs are estimated and an allowance for developer’s overhead and profit is included. Total replacement costs and land are added together to arrive at a total cost new for the project. 382 Page 37. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Highest and Best Use Analysis Cost New Estimate Hard Costs Totals /Sq. Ft. Base Cost New $2,562,100 $320.26 Site Improvements 15% $384,315 $48.04 Yard Improvements $15.52 $573,660 $71.71 FF&E 4 $11,193 $44,772 $5.60 Total Hard Costs $3,564,847 $445.61 Soft Costs Financing Fees and Services 3% $106,945 Property Taxes 1.0579% $34,460 Marketing 5% $345,400 Total Soft Costs $486,805 $60.85 Total Hard and Soft Costs $4,051,652 $506.46 Developer's Overhead/Profit (% of Total)25% $1,381,663 $172.71 Replacement Cost New $5,433,315 $679.16 Less Deterioration and Obsolescence/Adjustments Physical Deterioration $0 Obsolescence $0 Leased Fee Adjustment $0 Total Depreciation/Adjustments $0 $0.00 Depreciated Replacement Cost $5,433,315 $679.16 Plus Land Value $1,475,000 $184.38 Cost Analysis for HBU - Not Market Value Estimate $6,908,315 $863.54 Rounded to $6,908,000 $864 /sq. ft. 383 Page 38. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The static analysis follows. Static HBU Analysis –4 Units General Market Rent 8,000 sq. ft. and (1)$3.25 /sq. ft. Market NOI $26,000 /mo. Annualized 12 Annual Rent $312,000 Less Vacancy & Expenses $78,000 25.0% Projected NOI $234,000 Feasibility Rent Cost New $5,433,315 Land Estimate $1,475,000 Total $6,908,315 Required Market OAR - New 3.50% Required NOI –New $241,791 Gross Up (1-Tot. Exp. Ratio)75.0% Required Gross Rent - New $322,388 Building Area 8,000 Required Rent/Ann. - New $40.30 Required Rent/Mo.-New (2)$3.36 Typical average market rent for similar properties (1) of $3.25 per square foot is applied to derive a projected NOI for the property As New. Market rent is based on a quick survey of rents in the broad downtown area. The feasibility rent is based on typical costs of construction, market-based operating costs and a typical overall rate of return (OAR) for a new single-family residential property. Required NOI is converted to a gross feasibility rent. The indicated feasibility rent (2) of $3.36 per square foot is 3.3% higher than average market rent for similar space. New development would be likely as feasibility rent is only nominally higher than market rent. A similar analysis of a larger six-unit development was prepared. As this project would be 50% larger than the primary analysis, a slightly higher rate of return is applied. It indicates a more speculative outcome. 384 Page 39. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Static HBU Analysis –6 Units General Market Rent 12,000 sq. ft. and (1)$3.25 /sq. ft. Market NOI $39,000 /mo. Annualized 12 Annual Rent $468,000 Less Vacancy & Expenses $117,000 25.0% Projected NOI $351,000 Feasibility Rent Cost New $7,824,069 Land Estimate $2,080,000 Total $9,904,069 Required Market OAR - New 3.75% Required NOI –New $371,403 Gross Up (1-Tot. Exp. Ratio)75.0% Required Gross Rent - New $495,203 Building Area 12,000 Required Rent/Ann. - New $41.27 Required Rent/Mo.-New (2)$3.44 Typical average market rent for similar properties (1) of $3.25 per square foot is applied to derive a projected NOI for the property As New. The feasibility rent is based on typical costs of construction, market-based operating costs and a typical OAR for a new property. Required NOI is converted to a gross feasibility rent. The indicated feasibility rent (2) of $3.44 per square foot is 5.8% higher than average market rent for similar space. This analysis suggests a smaller development would enjoy better feasibility and would be the highest and best use in this location. This is logical as a larger project would be more expensive to develop, take longer to building and expose the developer to greater market risk. The overall analysis suggests new development of a smaller residential project on the site would be feasible and the highest and best use of the site. Please note that the owner plans to subdivide the property into two lots. The analysis employed looks at the value of the larger parcel for development, so the highest and best use is slightly different. This approach, however, provides the most direct means of valuing the Excess Parcel. 385 Page 40. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Methodology: The application of the sales comparison approach is the most logical in valuing vacant land. The cost and income approaches are not typically applied to the valuation of smaller land parcels. and are not necessary to produce a reliable or credible opinion of value. 386 Page 41. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA LAND VALUATION The sales comparison approach is used to value the land. Information on recent sale transactions and listings in the market area of the subject was researched. Certain elements of comparison are used to analyze the market data and adjust for various points of difference. The primary elements of comparison for land sales include property rights conveyed, financing, conditions of sale, market conditions (time), location, physical characteristics and interim-income characteristics. Land prices are broken down into unit(s) of comparison that are commonly applied in the marketplace. In this case, the most typical units of comparison are the price per square foot of land area along with the price per dwelling unit and the price per floor area ratio (FAR) foot is also included. Land Market Data The comparable land sales are summarized on the table that follows this page. A discussion of the comparables and the warranted adjustments are found on the pages that follow. Date of Sale December-19 To September-21 SP: Land Area 3,000 To 28,750 40,974 Price Per Sq. Ft. $49.17 To $116.67 $36.61 Price Per DU $180,000 To $450,000 $375,000 Price Per FAR Ft. $90 To $229 $188 Sales and listings from the broad north county market area were reviewed. The market has a limited amount of vacant or under-used land. There are four closed sales and two active listings in the dataset. This is an adequate amount of data even though the sales vary widely in size and location. They present a satisfactory cross section of data for comparison. 387 Zoning / Highest and Land Area / per Sq. Ft. per per No.Location/APN Date of Sale Best Use DU / Acre Total Land DU FAR Ft. 1 141 3rd Street September-21 I-D 28,750 sq.ft. $2,700,000 $94 $180,000 $90 Daly City Residential 0.660 acres 006-254-030 22.7 DU/ac. 2 223 Frankfort Street September-21 R-MLD 3,000 sq.ft. $350,000 $117 $350,000 $140 Daly City Residential 0.069 acres 004-322-120 14.5 DU/ac. 3 52 Franklin Avenue April-21 RL-8 8,379 sq.ft. $412,000 $49 $412,000 $229 South San Francisco Residential 0.192 acres 012-039-180 5.2 DU/ac. 4 565 Magnolia Avenue December-19 RL-8 6,523 sq.ft. $450,000 $69 $450,000 $225 South San Francisco Residential 0.150 acres 012-261-220 6.7 DU/ac. 5 Way Listing PD 14,600 sq.ft. $1,600,000 $110 $400,000 $160 Daly City Residential 0.335 acres Est. 004-234-080 11.9 DU/ac. 6 707-717 Templeton Avenue Listing R-MLD 15,589 sq.ft. $1,750,000 $112.26 $437,500 $177.00 Daly City Residential 0.358 acres Est. 004-243-130, 140, 160 & 170 SUBJECT: 701 Spruce Avenue N/A RL-8 40,974 sq.ft. South San Francisco Residential 0.941 acres $95 $279,308 $129 012-131-040 4.3 DU/ac./SF Land /DU /FAR Ft. Sale Price SUMMARY OF COMPARABLE LAND SALES 701 Spruce Avenue, South San Francisco Sales Weighted Average Joseph I. Napoliello, MAI 388 Page 43. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Figure 7 - Land Sales Location Map 389 LAND SALE #1 LOCATION:141 3rd Street CITY:Daly City COUNTY:San Mateo APN:006-254-030 ZIP:94014 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.28,750 LAND AREA: ACRES:0.660 TOPOGRAPHY:Mostly level PARCEL SHAPE:Irregular ZONING:I-D Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Fully improved DATE OF SALE:9/30/2021 DOCUMENT:N/A - Date Estimated BUYER:N/A SELLER:Winston Chow and Lilly Tsu Fah Trust SALE PRICE - AS IS:$2,700,000 FINANCING:N/A, All cash to seller CASH EQUIVALENT:$2,700,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$90 PRICE/DU:$180,000 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:None during prior 3 years CONFIRMATION:CoStar, public records, Juan DeLeon, 650-572-6573 $93.91 / Sq. Ft. $4,090,909 / Acre This is the recent sale (recording date not yet available) of a residential parcel in an unincorporated area of Daly City. The property went into escrow in 2019 and the seller allowed the buyer to go through the entitlement process before closing recently. The buyer has entitlements for the development of 15 townhouse units on the site which is in a low-density residential neighborhood near Mission Boulevard. The property was listed for $2,999,999 and sold for $2,700,000. The sales agent confirmed the price. PRESENT USE: Joseph I. Napoliello, MAI 390 LAND SALE #2 LOCATION:223 Frankfort Street CITY:Daly City COUNTY:San Mateo APN:004-322-120 ZIP:94014 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.3,000 LAND AREA: ACRES:0.069 TOPOGRAPHY:Sloping PARCEL SHAPE:Rectangular ZONING:R-MLD Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Fully improved DATE OF SALE:9/17/2021 DOCUMENT:2021-134175 BUYER:Karen Hong and Mike Hong SELLER:Ethel Liu Wan Trust SALE PRICE - AS IS:$350,000 FINANCING:Banner Bank, Conventional CASH EQUIVALENT:$350,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$140 PRICE/DU:$350,000 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:None during prior 3 years CONFIRMATION:MLS, public records, Andrew de Vries, 415-585-5200 $116.67 / Sq. Ft. This is the recent sale of a small residential parcel on the north side of San Bruno Mountain in a neighborhood of mostly attached residences near the San Francisco city limit. The lot is narrow and steep and will require significant site improvements, but it will offer good views to the north. It was listed for $499,000 and sold for $350,000 after a reasonable time on the market. The buyer is a contractor who plans to build a house for personal use. $5,072,464 / Acre PRESENT USE: Joseph I. Napoliello, MAI 391 LAND SALE #3 LOCATION:52 Franklin Avenue CITY:South San Francisco COUNTY:San Mateo APN:012-039-180 ZIP:94080 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.8,379 LAND AREA: ACRES:0.192 TOPOGRAPHY:Sloping PARCEL SHAPE:Rectangular ZONING:RL-8 Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Fully improved DATE OF SALE:4/28/2021 DOCUMENT:2021-068478 BUYER:Juan Pedro and Rosa Elena Diaz SELLER:Satya Naidu SALE PRICE - AS IS:$412,000 FINANCING:N/A, All cash to seller CASH EQUIVALENT:$412,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$229 PRICE/DU:$412,000 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:Sold in 2020 for $405,000 CONFIRMATION:MLS, public records, Philip Watson, 650-274-5187 $49.17 / Sq. Ft. This is the recent sale of a residential parcel in South San Francisco in a neighborhood on the north side of Sign Hill sometimes referred to as Happy Valley or Sterling Terrace. The neighborhood is nearly fully developed with a mix of older and newer single-family residences. The lot was listed for $419,500 and sold quickly for $412,000. It previously sold in early 2020 for $405,000. $2,145,833 / Acre PRESENT USE: Joseph I. Napoliello, MAI 392 LAND SALE #4 LOCATION:565 Magnolia Avenue CITY:South San Francisco COUNTY:San Mateo APN:012-261-220 ZIP:94080 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.6,523 LAND AREA: ACRES:0.150 TOPOGRAPHY:Terraced PARCEL SHAPE:Rectangular ZONING:RL-8 Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Fully improved DATE OF SALE:12/31/2019 DOCUMENT:2019-111951 BUYER:Ming Y. Chen and Biqi Xiao SELLER:DeZordo Family Trust SALE PRICE - AS IS:$450,000 FINANCING:N/A, All cash to seller CASH EQUIVALENT:$450,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$225 PRICE/DU:$450,000 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:None during prior 3 years CONFIRMATION:MLS, public records, John Penna, 650-588-2113 This is the sale of a vacant lot in the Sign Hill neighborhood at the northerly edge of downtown. The neighborhood is near fully developed with a mix of older and newer single-family homes. All cash buyer, there were no entitlements for development, but the lot benefits from ingress/egress over an easement across the front of 567 Magnolia Avenue. It was listed for $500,000 and sold quickly for $450,000. $3,000,000 / Acre $68.99 / Sq. Ft. PRESENT USE: Joseph I. Napoliello, MAI 393 LAND SALE #5 LOCATION:NWC Crocker Avenue and Scenic Way CITY:Daly City COUNTY:San Mateo APN:004-234-080 ZIP:94014 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.14,600 LAND AREA: ACRES:0.335 TOPOGRAPHY:Sloping PARCEL SHAPE:Irregular ZONING:PD Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Raw land DATE OF SALE:Listing DOCUMENT:N/A BUYER:N/A SELLER:Frank and Dorothy Cheng SALE PRICE - AS IS:$1,600,000 FINANCING:N/A, N/A CASH EQUIVALENT:$1,600,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$160 PRICE/DU:$400,000 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:None during prior 3 years CONFIRMATION:MLS, public records, Lawrence Ko, 650-995-4049 This is the active listing of a raw parcel that lacks street access and utilities. It has a steep downslope, but new construction is ongoing nearby. The property has been on the market for a short time, but has seen little interest according to the listing agent. The asking price is $1,600,000 or $400,000 per potential unit. $4,776,119 / Acre $109.59 / Sq. Ft. PRESENT USE: Joseph I. Napoliello, MAI 394 LAND SALE #6 LOCATION:707-717 Templeton Avenue CITY:Daly City COUNTY:San Mateo APN:004-243-130, 140, 160 & 170 ZIP:94014 NEIGHBORHOOD:Residential LAND AREA: SQ. FT.15,589 LAND AREA: ACRES:0.358 TOPOGRAPHY:Sloping PARCEL SHAPE:Irregular ZONING:R-MLD Vacant HIGHEST & BEST USE:Residential ENVIRONMENTAL ISSUES:None reported COMMENTS: IMPROVEMENTS:Fully improved DATE OF SALE:Listing DOCUMENT:N/A BUYER:N/A SELLER:Darrell Investments LLC SALE PRICE - AS IS:$1,750,000 FINANCING:N/A, N/A CASH EQUIVALENT:$1,750,000 LOAN AMOUNT:N/A PRICE/SQ. FT./LAND: LOAN TO VALUE:N/A PRICE/ACRE: PRICE/FAR FT.:$177 PRICE/DU:$437,500 NON REALTY ITEMS:None CONDITIONS OF SALE:Market SALES IN PRIOR 3 YRS.:None during prior 3 years CONFIRMATION:MLS, public records, Joel Hopman, 415-722-2200 This is the active listing of a vacant parcel that has plans and entitlements for development of four 2,476 square foot residences. It is located in a single-family neighborhood with a mix of older and newer homes on the north side of San Bruno Mountain. It is listed for $1,750,000 or $437,500 per potential unit. The agents reports limited interest to date. $4,888,268 / Acre $112.26 / Sq. Ft. PRESENT USE: Joseph I. Napoliello, MAI 395 LAND SALES COMPARISON GRID / SQ. FT. Subject: Sale No. - 1 Sale No. - 2 Sale No. - 3 Sale No. - 4 Sale No. - 5 Sale No. - 6 Location 701 Spruce Avenue South San Francisco 141 3rd Street Daly City 223 Frankfort Street Daly City 52 Franklin Avenue South San Francisco 565 Magnolia Avenue South San Francisco NWC Crocker Avenue and Scenic Way Daly City 707-717 Templeton Avenue Daly City Sale Price N/A $2,700,000 $350,000 $412,000 $450,000 $1,600,000 $1,750,000 Property Rts. Conveyed Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Financing Terms Assumed Market All cash to seller Conventional All cash to seller All cash to seller N/A N/A Conditions of Sale Assumed Market Market Market Market Market Market Market Date of Sale Sep-21 Sep-21 Sep-21 Apr-21 Dec-19 Listing Listing Location Residential Residential Residential Residential Residential Residential Residential Zoning/HBU RL-8 / Residential I-D / Residential R-MLD / Residential RL-8 / Residential RL-8 / Residential PD / Residential R-MLD / Residential Density Base Max FAR 0.2 1.0 0.8 0.2 0.3 0.7 0.6 Site Utility Poor Average Fair Fair Fair/Avg. Poor Fair Interim Income Nominal Average Average Average Average Average Average Plans/Entitlements Assumed None None None None None None None Demolition/Environmental Assumed Nominal Nominal Nominal Nominal Nominal Nominal Nominal Land Area (Sq. Ft.) 40,974 28,750 3,000 8,379 6,523 14,600 15,589 Unadjusted Price/Sq. Ft. N/A $93.91 $116.67 $49.17 $68.99 $109.59 $112.26 Financing/Fee/Conditions -15% Market Conditions (Time)2.50%4.28% -25% -10% Adjusted Price/Sq. Ft. $93.91 $116.67 $49.17 $71.94 $82.19 $84.19 Location -5% 5% 5% 5% Zoning/HBU -25% -20%-15% -15% Site Utility -20% -10% -10% -15% -10% Interim Income Demolition/Environmental Size Adj.$0.341 -4% -11% -23% -17% -8% -8% Net Physical Adjustment -49% -46% -28% -32% -18% -28% Adjusted Price/Sq. Ft. $48 $63 $35 $49 $67 $61 Net Adjustment -49.0% -46.0% -28.0% -29.1% -38.5% -46.0% Gross Adjustment 49.0% 46.0% 38.0% 36.3% 53.0% 63.0% 396 Page 51. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Comparable Land Sale 1 is the September 2021 sale of a parcel of land at 141 3rd Street, Daly City, approximately three and one-half miles northwest of the subject. This is the recent sale (recording data not yet available) of a residential parcel in an unincorporated area of Daly City. The property went into escrow in 2019 and the seller allowed the buyer to go through the entitlement process before closing recently. The buyer has entitlements for the development of 15 townhouse units on the site which is in a low- density residential neighborhood near Mission Boulevard. The property was listed for $2,999,999 and sold for $2,700,000. The sales agent confirmed the price. The immediate neighborhood is residential in character. The site is mostly level and irregular in shape with average site utility and set along a residential street. It contains a total land area of approximately 28,750 square feet or approximately 0.66 acres. The site all off-site improvements. The buyer purchased the site for future development. Demolition costs are estimated by the appraiser to be nominal. The purchase price was $2,700,000 or $94 per square foot of land area, $180,000 per DU and $90 per FAR foot. No environmental issues were reported. The parcel has a zoning classification of I-D (interim district). The sale was all cash to seller. No unusual concessions or conditions of sale were reported. Comparable Land Sale 2 is the September 2021 sale of a parcel of land at 223 Frankfort Street, Daly City, approximately three and six-tenths miles northwest of the subject. This is the recent sale of a small residential parcel on the north side of San Bruno Mountain in a neighborhood of mostly attached residences near the San Francisco city limit. The lot is narrow and steep and will require significant site improvements, but it will offer good views to the north. It was listed for $499,000 and sold for $350,000 after a reasonable time on the market. The buyer is a contractor who plans to build a house for personal use. The immediate neighborhood is residential in character. The site is sloping and rectangular in shape with fair site utility and set along a residential street. It contains a total land area of approximately 3,000 square feet or approximately 0.069 acres. The site has all off-site improvements. The buyer purchased the site for future development. Demolition costs are estimated by the appraiser to be nominal. The purchase price was $350,000 or $117 per square foot of land area, $350,000 per DU and $140 per FAR foot. No environmental issues were reported. The parcel has a zoning classification of R-MLD (medium-density residential). The sale was conventionally financed through Banner Bank. No unusual concessions or conditions of sale were reported. Comparable Land Sale 3 is the April 2021 sale of a parcel of land at 52 Franklin Avenue, South San Francisco, approximately four-tenths of a mile northwest of the subject. This is the recent sale of a residential parcel in South San Francisco in a neighborhood on the north side of Sign Hill sometimes referred to as Happy Valley or Sterling Terrace. The neighborhood is nearly fully developed with a mix of older and newer single-family residences. The lot was listed for $419,500 and sold quickly for $412,000. It previously sold in early 2020 for $405,000. The immediate neighborhood is residential in character. The site is sloping and rectangular in shape with fair site utility and set along a residential street. It contains a total land area of approximately 8,379 square feet or approximately 0.192 acres. The site has all off-site improvements. The buyer purchased the site for future development. Demolition costs are estimated by the appraiser to be 397 Page 52. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA nominal. The purchase price was $412,000 or $49 per square foot of land area, $412,000 per DU and $229 per FAR foot. No environmental issues were reported, but the hill upslope from the property has a history of landslides. The parcel has a zoning classification of RL-8 (residential). The sale was all cash to seller. No unusual concessions or conditions of sale were reported. Comparable Land Sale 4 is the December 2019 sale of a parcel of land at 565 Magnolia Avenue, South San Francisco, approximately four-tenths of a mile west of the subject. This is the sale of a vacant lot in the Sign Hill neighborhood at the northerly edge of downtown. The neighborhood is near fully developed with a mix of older and newer single-family homes. There were no entitlements for development, but the lot benefits from ingress/egress over an easement across the front of 567 Magnolia Avenue. It was listed for $500,000 and sold quickly for $450,000. The immediate neighborhood is residential in character. The site is terraced and rectangular in shape with fair-to-average site utility and set along a residential street. It contains a total land area of approximately 6,523 square feet or approximately 0.15 acres. The site has all off-site improvements. The buyer purchased the site for future development. Demolition costs are estimated by the appraiser to be nominal. The purchase price was $450,000 or $69 per square foot of land area, $450,000 per DU and $225 per FAR foot. No environmental issues were reported. The parcel has a zoning classification of RL-8 (residential). The sale was all cash to seller. No unusual concessions or conditions of sale were reported. Comparable Land Sale 5 is the current listing of a parcel of land at the northwest corner of Crocker Avenue and Scenic Way, Daly City, approximately three and one-half miles northwest of the subject. This is the active listing of a raw parcel that lacks street access and utilities. It has a steep downslope, but new construction is ongoing nearby. The property has been on the market for a short time, but has seen little interest. The list price is $1,600,000 or $400,000 per potential unit. The immediate neighborhood is residential in character. The site is sloping and irregular in shape with poor site utility and set along a residential street. It contains a total land area of approximately 14,600 square feet or approximately 0.335 acres. The site is raw land and needs off-site improvements. Demolition costs are estimated by the appraiser to be nominal. The asking price is $1,600,000 or $110 per square foot of land area, $400,000 per DU and $160 per FAR foot. No environmental issues were reported. The parcel has a zoning classification of PD (planned development). No unusual concessions or conditions of sale are being offered. Comparable Land Sale 6 is the current listing of a parcel of land at 707-717 Templeton Avenue, Daly City, approximately three and one-half miles northwest of the subject. This is the active listing of a vacant parcel that has plans and entitlements for development of four 2,476 square foot residences. It is located in a single-family neighborhood with a mix of older and newer homes on the north side of San Bruno Mountain. It is listed for $1,750,000 or $437,500 per potential unit. The agent reports limited interest to date. The immediate neighborhood is residential in character. The site is sloping and irregular in shape with fair site utility and set along a residential street. It contains a total land area of approximately 15,589 square feet or approximately 0.358 acres. The site has all off-site improvements. Demolition costs are estimated by the 398 Page 53. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA appraiser to be nominal. The asking price is $1,750,000 or $112 per square foot of land area, $437,500 per DU and $177 per FAR foot. No environmental issues were reported. The parcel has a zoning classification of R-MLD (medium-density residential). No unusual concessions or conditions of sale are being offered, but the property is entitled for development. Analysis and Value Conclusion The immediate market has a limited amount of vacant or under-used land. There have been several recent land sales in the immediate market area, and the broad area has been relatively active, but there are limited listings of similar properties. Variation in location, size and density results in a significant spread in price indicators. The adjustment process is subjective as there is too much variation in the data to reliably extract adjustment factors. The comparable data exhibits the following price ranges before and after adjustment. Unadjusted Price Adjusted Price $49 Low $35 $117 High $67 Mean Unadjusted Price $92 Weighted Mean Unadjusted Price $95 Mean Adjusted Price $51 None of the sales required adjustment for unusual conditions of sale, financing or fee interest. Sale 6 includes entitlements for development. It is adjusted for the estimated value of the entitlements. The market was active prior to the outbreak of the Covid-19 pandemic. Subsequently, there has been more limited activity and agents report limited interest in current listings of multi-lot parcels. Market rents in the core urban areas have fallen suggesting weakness in the demand for land for multi-family development, but single-family home prices have been under upward pressure. A 2.5% upward adjustment is applied to the older closed sales to reflect the best estimate of current market conditions and the listings are adjusted to more probable selling points. Adjustments for location are subjective. The subject, at the edge of the downtown area, has a more favorable setting than most of the comparable sales. Sale 2 is slightly superior in view outlook with some newer properties nearby. Sales 3, 5 and 6 are nominally inferior. Sales 1, 2, 5 and 6 are adjusted downward for superior density. The sales are generally superior in site utility with Sale 5 the most similar. 399 Page 54. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA A size adjustment is developed using a linear regression analysis of the adjusted price (excluding size). Larger sales will typically have a lower price per square foot and in this instance the market did indicate a minor price differential based on size. The regression analysis produced the following adjustment. Adj. Pr. Per Sq. Ft. Bef. Size Sale Area Adj./Sq. Ft. 1 28,750 $51.65 2 3,000 $75.83 3 8,379 $46.71 4 6,523 $61.15 5 14,600 $73.97 6 15,589 $67.36 Correlation -0.352157826 Slope -0.000454827 Slope/1000 -0.454827215 Factor 0.75 Adjustment -$0.341120 The data has a moderate correlation coefficient of -0.35216 with a raw adjustment factor of $0.4548 per 1000. The subject is larger than the comparables in size, so the indicated factor is moved downward slightly to reflect a more probable adjustment for a point outside the comparable size range. The adjusted prices before size are shown graphically. y = -0.0005x + 68.603 R² = 0.124 y = 67.718e-7E-06x R² = 0.1213 $10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.00 0 5,000 10,000 15,000 20,000 25,000 30,000 Adj. Pr. Per Sq. Ft. Bef. Size 400 Page 55. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Price Per Square Foot The available market data before adjustment ranges from roughly $49 to $117 per square foot. After adjustment, the range narrows to roughly $35 to $67 per square foot. Most of the sales fall between roughly $35 and $60 per square foot. The lower end of this range or roughly $35 to $40 per square foot has the most support based on the subject’s larger size, irregular shape and slope. A weighting technique produces the following benchmark value. Adjusted Total Sale Price Weight Weight 1 $47.90 15% $7.18 Superior utility 2 $63.00 15% $9.45 Smaller size 3 $35.40 25% $8.85 Similar density 4 $48.92 25% $12.23 Similar density 5 $67.40 10% $6.74 Listing 6 $60.62 10% $6.06 Listing 100% $50.51 The benchmark figure of $50+ per square foot is a limited indicator as the subject falls outside the range in size with other physical limitations. The lower end of the most probable range is indicated based on the subject’s size, shape and slope. A most probable value range is $35 to $40 per square foot. The most probable market value range is LAND VALUATION SUMMARY - Per Sq. Ft. 701 Spruce Avenue 40,974 Sq. Ft. @ $35.00 per Sq. Ft. = $1,434,090 40,974 Sq. Ft. @ $37.50 per Sq. Ft. = $1,536,525 40,974 Sq. Ft. @ $40.00 per Sq. Ft. = $1,638,960 The most probable value per square foot value is from the middle of the indicated range or $1,537,000 rounded. As a check on this estimate, linear and exponential regression trendline analyses were applied. The individual estimates follow. Linear Forecast: $50 Curvilinear Forecast:$51 The analyses had similar looking trendlines and R2 figures. This range is also limited in reliability based on the subject’s physical attributes. The most proximate sales suggest a lower value range while the higher-density sales indicate the upper end of the range. 401 Page 56. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Based on current market conditions, but considering the subject’s location, size, shape and topography, the middle of the narrowed range, or $37.50 per square foot is the best indication of value for the property. The price per dwelling unit (DU) and price per FAR foot are also considered. Price Per DU The adjustment grid for price per dwelling unit follows this page. The elements of comparison adjustments that were applied to the price per square foot unit of comparison were also applied to the price per dwelling unit. The difference is that dwelling unit density adjustment was calculated separately as was done for the size adjustment in the price per square foot adjustment grid. The available market data before adjustment ranges from roughly $180,000 to $450,000 per unit. After adjustment, the range narrows to roughly $327,302 to $430,633 per unit. The adjustment process produces a material narrowing in the range. Unadjusted Price Adjusted Price $180,000 Low $327,302 $450,000 High $430,633 Mean Unadjusted Price $371,583 Weighted Mean Unadjusted Price $279,308 Mean Adjusted Price $372,886 The best indicators (3 and 4) suggest a range of roughly $400,000 to $430,000 with the other sales indicating a value below $400,000 per unit. Most support is found in the range of $350,000 to $400,000 based on the subject’s density limited by its physical characteristics. The mean unadjusted, weighted mean unadjusted and mean adjusted figures set a range of roughly $280,000 to $370,000. View outlook potential and lower density suggests a higher value. Linear and exponential analyses produced the following estimates. Linear Forecast:$411,389 Curvilinear Forecast:$468,159 These figures are of more limited reliability because the subject has a probable density below the low end of the range. 402 LAND SALES COMPARISON GRID / DU Subject: Sale No. - 1 Sale No. - 2 Sale No. - 3 Sale No. - 4 Sale No. - 5 Sale No. - 6 Location 701 Spruce Avenue South San Francisco 141 3rd Street Daly City 223 Frankfort Street Daly City 52 Franklin Avenue South San Francisco 565 Magnolia Avenue South San Francisco NWC Crocker Avenue and Scenic Way Daly City 707-717 Templeton Avenue Daly City Sale Price N/A $2,700,000 $350,000 $412,000 $450,000 $1,600,000 $1,750,000 Property Rts. Conveyed Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Financing Terms Assumed Market All cash to seller Conventional All cash to seller All cash to seller N/A N/A Conditions of Sale Assumed Market Market Market Market Market Market Market Date of Sale Sep-21 Sep-21 Sep-21 Apr-21 Dec-19 Listing Listing Location Residential Residential Residential Residential Residential Residential Residential Zoning/HBU RL-8 / Residential I-D / Residential R-MLD / Residential RL-8 / Residential RL-8 / Residential PD / Residential R-MLD / Residential Density DU / Ac. 4.3 /Ac. 22.7 /Ac. 14.5 /Ac. 5.2 /Ac. 6.7 /Ac. 11.9 /Ac. 11.2 /Ac. Site Utility Poor Average Fair Fair Fair/Avg. Poor Fair Interim Income Nominal Average Average Average Average Average Average Plans/Entitlements Assumed None None None None None None None Demolition/Environmental Assumed Nominal Nominal Nominal Nominal Nominal Nominal Nominal Land Area (Sq. Ft.) 40,974 28,750 3,000 8,379 6,523 14,600 15,589 Unadjusted Price/DU N/A $180,000 $350,000 $412,000 $450,000 $400,000 $437,500 Financing/Fee/Conditions -15% Market Conditions (Time)2.50%4.28% -25.00% -10% Adjusted Price/DU $180,000 $350,000 $412,000 $469,243 $300,000 $328,125 Location/Timing -5% 5% 5% 5% Zoning/HBU -25% -20%-15% -15% Site Utility -20% -10% -10% -15% -10% Interim Income Demolition/Env./Non-RE FAR Adj.$13,153.337 135% 38% 3% 7% 34% 28% Net Physical Adjustment 90% 3% -2% -8% 24% 0% Adjusted Price/DU $342,027 $362,216 $403,995 $430,633 $371,143 $327,302 Net Adjustment 90.0% 3.5% -1.9% -4.3% -7.2% -25.2% Gross Adjustment 180.0% 73.5% 18.1% 26.0% 78.7% 90.7% 403 Page 58. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The adjusted prices before density are shown graphically. The subject has a mid-block setting at the fringe of downtown with a lower allowable density which tends to have more of an influence on price per unit. The various analyses suggest a broad value range of $350,000 to $400,000, with a more probable range around $375,000, as follows. LAND VALUATION SUMMARY - Per Dwelling Unit 701 Spruce Avenue 4 Units @ $365,000 per DU = $1,460,000 4 Units @ $375,000 per DU = $1,500,000 4 Units @ $385,000 per DU = $1,540,000 The most probable value per dwelling unit is from the middle of the indicated range or $1,500,000 rounded. Price per FAR Foot The adjustment grid for price per FAR foot follows this page. The elements of comparison adjustments that were applied to the price per square foot unit of comparison were also applied to the price per FAR foot. The difference is that FAR density adjustment was calculated separately as was done for the size adjustment in the price per square foot adjustment grid. The available market data before adjustment ranges from roughly $90 to $229 per FAR foot. After adjustment, the range narrows to roughly $67 to $190 per FAR foot. y = 658217e-0.08x R² = 0.9626 y = -17538x + 485939 R² = 0.9703 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 0.0 5.0 10.0 15.0 20.0 25.0 Price Per DU 404 LAND SALES COMPARISON GRID / FAR Ft. Subject: Sale No. - 1 Sale No. - 2 Sale No. - 3 Sale No. - 4 Sale No. - 5 Sale No. - 6 Location 701 Spruce Avenue South San Francisco 141 3rd Street Daly City 223 Frankfort Street Daly City 52 Franklin Avenue South San Francisco 565 Magnolia Avenue South San Francisco NWC Crocker Avenue and Scenic Way Daly City 707-717 Templeton Avenue Daly City Sale Price N/A $2,700,000 $350,000 $412,000 $450,000 $1,600,000 $1,750,000 Property Rts. Conveyed Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Fee simple Financing Terms Assumed Market All cash to seller Conventional All cash to seller All cash to seller N/A N/A Conditions of Sale Assumed Market Market Market Market Market Market Market Date of Sale Sep-21 Sep-21 Sep-21 Apr-21 Dec-19 Listing Listing Location Residential Residential Residential Residential Residential Residential Residential Zoning/HBU RL-8 / Residential I-D / Residential R-MLD / Residential RL-8 / Residential RL-8 / Residential PD / Residential R-MLD / Residential Density Base Max FAR 0.21.00.80.20.30.7 11.2 /Ac. Site Utility Poor Average Fair Fair Fair/Avg. Poor Fair Interim Income Nominal Average Average Average Average Average Average Plans/Entitlements Assumed None None None None None None None Demolition/Environmental Assumed Nominal Nominal Nominal Nominal Nominal Nominal Nominal Floor Area (FAR Ft.) 8,000 30,000 2,500 1,800 2,000 10,000 15,589 Unadjusted Price/DU N/A $90 $140 $229 $225 $160 $177 Financing/Fee/Conditions -15% Market Conditions (Time)2.50%4.28% -25.00% -10% Adjusted Price/DU $90 $140 $229 $235 $120 $133 Location/Timing -5% 5% 5% 5% Zoning/HBU -25% -20%-15% -15% Site Utility -20% -10% -10% -15% -10% Interim Income Demolition/Env./Non-RE FAR Adj.$0.00440 108% -17% -12% -11% 7% 25% Net Physical Adjustment 63% -52% -17% -26% -3% -3% Adjusted Price/DU $146 $67 $190 $173 $117 $129 Net Adjustment 62.6% -52.3% -16.9% -23.1% -27.0% -27.1% Gross Adjustment 152.6% 52.3% 26.9% 30.5% 52.3% 88.2% 405 Page 60. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Unadjusted Price Adjusted Price $90 Low $67 $229 High $190 Mean Unadjusted Price $170 Weighted Mean Unadjusted Price $127 Mean Adjusted Price $137 This indicator is more limited in reliability as some unit sizes are estimated. The best indicators suggest a range of roughly $175 to $190 per FAR foot with most support from the upper end of the range based on unit size and view amenity. The mean unadjusted, weighted mean unadjusted and mean adjusted figures set a range of roughly $125 to $170. Linear and exponential analyses produced the following estimates. Linear Forecast:$139 Curvilinear Forecast:$126 The adjusted prices before size are shown graphically. The most probable value range of $180 to $190, as follows. LAND VALUATION SUMMARY - FAR Ft. 701 Spruce Avenue 8,000 FAR Ft. @ $180 per FAR Ft. = $1,440,000 8,000 FAR Ft. @ $185 per FAR Ft. = $1,480,000 8,000 FAR Ft. @ $190 per FAR Ft. = $1,520,000 y = -0.0044x + 174.02 R² = 0.5565 y = 174.11e-4E-05x R² = 0.5831 $0 $50 $100 $150 $200 $250 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Price Per FAR Foot 406 Page 61. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The most probable value per FAR foot value is from the middle of the indicated range or $1,480,000 rounded. Reconciliation The units of comparison that were analyzed provided the following value indications: /SF Low $1,434,090 /SF Probable $1,536,525 /SF High $1,638,960 /DU Low $1,460,000 /DU Probable $1,500,000 /DU High $1,540,000 /FAR Ft. Low $1,440,000 /FAR Ft. Probable $1,480,000 /FAR Ft. High $1,520,000 This sets a broad range of value of: Broad Range $1,434,000 to $1,639,000 Each unit of comparison had a most probable value indication of: Unit of Comparison Indicators /Unit Per Sq. Ft.: $1,536,525 $37.50 Per DU: $1,500,000 $375,000 Per FAR Ft. $1,480,000 $185 Measures of variance suggest the price per square foot and price per DU units of comparison adjusted well. The price per FAR foot is less reliable. Coefficient of Variation or Relative Variability Unadjusted Adjusted Price Per Square Foot: 0.27 0.20 Price Per DU: 0.25 0.09 Price Per FAR Foot: 0.28 0.29 The data sets a most probable value range of: Indicators Range $1,480,000 to $1,537,000 The units of comparison are typically applied in the market area with the price per square foot and price per DU given more weight. They set a narrow range of 407 Page 62. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA $1,480,000 to $1,537,000. The range is narrow, so most weight is placed on the center of the range. Based on the preceding, and after considering the factors that influence value including the area, neighborhood, site, improvements, highest and best use, and available market data, and subject to the stated limiting conditions and assumptions, certification, and definition of value, it is my opinion that, as of the date of valuation, the property at 701 Spruce Avenue, South San Francisco, California, had an undivided fee simple estate market value - as is – of Larger Parcel Reconciled Value - As Is $1,500,000 Extraordinary Valuation Assumption: The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO) in March 2020. The reader is cautioned, and reminded, that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event after the effective date of the appraisal. The valuation is based on the supposition that the excess property (residual lot) can be severed from the residential parcel at 701 Spruce Avenue. A hypothetical condition assumes something about the property that is contrary to known fact but is supposed for valuation purposes. The use of this condition may have an affect on the assignment results and the appraiser reserves the right to review the valuation conclusions should additional information become available. Value As If Vacant As used in the highest and best use analysis, the land value needs adjustment for demolition costs. Typical estimates for demolition range from $10 to $20 per square foot. The subject would likely have some recyclable items suggesting a lower figure. Building Area 1,995 Demo. Cost $10 Total $19,950 The indicated value of the property, as vacant, is Reconciled - As Is $1,500,000 Demolition Cost -$19,950 Value - As Vacant $1,480,050 Rounded to $1,475,000 Larger Parcel Reconciled Value - As Vacant $1,475,000 408 Page 63. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA Residual Value of Excess Parcel The rear or Excess Parcel is approximately 25,763 square feet in size. To estimate the value of the Excess Parcel, the residual value of the front parcel, the costs associated with separation of the parcel from the larger parcel and the differential in costs associated with new development based on slope are deducted from the value of the Larger Parcel. The smaller front parcel is assumed to support just one unit. The parcel would have more direct street access and is given a slightly higher value than the average of four units. The average estimate is $375,000. With a slightly more favorable setting, the front parcel is valued at $400,000. Subdivision costs, surveying, mapping, legal, developer’s overhead costs are estimated at $50,000 based on surveys of various sources including developers. The cost estimate used in the highest and best use section applied a nominally higher building cost factor to account for the type of development the site will require versus what is more commonly found in the neighborhood. The delta is $26 per square foot for 8,000 square feet or $208,000. These marginal costs are deducted from the value of the Larger Parcel to arrive at the value of the Excess Parcel. Value of Larger Parcel $1,475,000 Less Front Parcel -$400,000 Less Subdivision Costs -$50,000 Less Cost Differential -$208,000 Residual Value $817,000 Rounded to $820,000 Excess Lot/Sq. Ft. 25,763 Value/Sq. Ft. $31.83 Based on the available market data and subject to the stated limiting conditions and assumptions, as of the effective date of value, the Excess Parcel had a market value of Market Value – Excess Parcel – As Is $820,000 Extraordinary Valuation Assumption: The global outbreak of a “novel coronavirus” known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO) in March 2020. The reader is cautioned, and reminded, that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen event after the effective date of the appraisal. 409 Page 64. APPRAISAL:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA The valuation is based on the supposition that the excess property (residual lot) can be severed from the residential parcel at 701 Spruce Avenue. A hypothetical condition assumes something about the property that is contrary to known fact but is supposed for valuation purposes. The use of this condition may have an affect on the assignment results and the appraiser reserves the right to review the valuation conclusions should additional information become available. Marketing/Exposure Time Estimate In order to fully understand the value opinion, it is relevant to place the figure in the perspective of marketing or exposure time. Real estate is not a liquid investment. It takes time to properly market. It is also a complex investment with significant legal impediments to transfer. For these reasons, it is important to understand how long a property may take to sell in the open market. Exposure time is based on the presumption that the property has been on the market in advance of the effective date of value. Marketing time is based on the presumption that the property will be put on the market as of the effective date of value. In this instance, market conditions are uncertain, but the subject has a generally favorable setting, and marketing and exposure times are the same. Days On Market Times Sale 1 141 3rd Street 300+- Sale 2 223 Frankfort Street 40 Sale 3 52 Franklin Avenue 22 Sale 4 565 Magnolia Avenue 113 Sale 5 NWC Crocker Avenue and Scenic Way 57 Sale 6 707-717 Templeton Avenue 32 Based on general market data and other sales reviewed and assuming adequate exposure and competent representation, it is my opinion that the subject would have a marketing time of four to eight months. 410 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 65. Definitions 411 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 66. The following definitions, as applicable, are used in this appraisal. They are taken from the The Dictionary of Real Estate Appraisal, Sixth Edition, unless otherwise noted. Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Source: The Appraisal of Real Estate, 12th Edition) "As-Is" Market Value Estimate The estimate of market value of real property in its current physical condition, use, and zoning as of the appraisal date. (Interagency Appraisal and Evaluation Guidelines and 6th Edition of The Dictionary of Real Estate Appraisal). Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (6th Edition of The Dictionary of Real Estate Appraisal) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (6th Edition of The Dictionary of Real Estate Appraisal) Leasehold Interest The interest held by the lessee to use and occupy real estate for a stated term under the conditions specified in the lease. (6th Edition of The Dictionary of Real Estate Appraisal) 412 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 67. Easement The right to use another’s land for a stated purpose. (6th Edition of The Dictionary of Real Estate Appraisal) Market Rent The most probable rent that a property should bring in a competitive and open market reflecting all conditions and restrictions of the specified lease agreement including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements. (6th Edition of The Dictionary of Real Estate Appraisal) Condominium Ownership (Fee) A form of fee ownership of separate units or portions of multiunit buildings that provides for formal filing and recording of a divided interest in real property. (6th Edition of The Dictionary of Real Estate Appraisal) Planned Unit Development (PUD) A type of building development designated as a grouping of complementary land uses, such as housing, schools, recreation, retail, office, and industrial parks, contained within a single master development; usually includes common area and common area maintenance obligations in the form of owners association dues. (6th Edition of The Dictionary of Real Estate Appraisal) Cost Approach A set of procedures through which a value indication is derived for the fee simple interest in a property by estimating the current cost to construct a reproduction of (or replacement for) the existing structure, including an entrepreneurial incentive, deducting depreciation from the total cost, and adding the estimated land value. Adjustments may then be made to the indicated fee simple value of the subject property to reflect the value of the property interest being appraised. Sales Comparison Approach A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. Income Approach A set of procedures through which an appraiser derives a value indication for an income-producing property by converting its anticipated benefits (cash flows and 413 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 68. reversion) into property value. This conversion can be accomplished in two ways. One year's income expectancy can be capitalized at a market-derived capitalization rate or at a capitalization rate that reflects a specified income pattern, return on investment, and change in the value of the investment. Alternatively, the annual cash flows for the holding period and the reversion can be discounted at a specified yield rate. R-squared – Coefficient of Determination R2 is the proportion of the variance in the dependent variable that is predictable from the independent variable and is used in the prediction of future outcomes or the testing of hypotheses. (Multiple sources combined.) R – Correlation Coefficient or the Coefficient of Correlation The correlation coefficient, denoted by r, tells how closely data in a scatterplot falls along a straight line. The closer that the absolute value of r is to 1 or -1, the closer that the data is described by a linear equation. (Multiple sources combined.) 414 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 69. Addendum: Qualifications 415 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 70. Joseph I. Napoliello, MAI Commercial – Industrial – Residential – Real Estate Appraisal and Consultation 840 Olive Avenue #3, So. San Francisco, CA 94080 415-309-6728 Joe@JNval.com QUALIFICATIONS Joseph I. Napoliello, MAI GENERAL Bay Area resident since 1982; born and raised in southern New Jersey EDUCATION Boston University, Boston, MA M.S.B.A. Business, 1978 Loyola University, New Orleans, LA B.B.A. Finance, 1976 Recent professional coursework and exams: Real Estate Appraisal Principles (AI) Basic Valuation Procedures (AI) Capitalization Theory - Part A (AI) Capitalization Theory - Part B (AI) Standards of Professional Practice (AI) Case Studies in R.E. Valuation (AI) Report Writing and Valuation Analysis (AI) Highest and Best Use and Feasibility Analysis - Non-Residential (Seminar) Highest and Best Use and Market Analysis (AI) Rates, Ratios and Reasonableness (Seminar) Easement Valuation (Seminar) Valuation of Detrimental Conditions (Seminar) PROFESSIONAL PRESENTATIONS 2004 Appraisal Institute Valley Seminar: “Critical Documents –The Preliminary Title Report” 2004 Appraisal Today – Moderator – Commercial Appraisal Liability PROFESSIONAL State Certified General Appraiser - California - #AG003794 AFFILIATIONS MAI Member, Appraisal Institute, #11786 Past Member, Board of Directors, Northern California Chapter of the Appraisal Institute, past Chair of Education Committee COURT TESTIMONY Qualified as an expert witness in Superior Court - Counties of San Francisco and San Mateo 416 ADDENDA:701SPRUCE AVENUE,SOUTH SAN FRANCISCO,CALIFORNIA PAGE 71. Joseph I. Napoliello, MAI - 2 - EMPLOYMENT Owner and Senior Appraiser (since August 1989), San Bruno, CA. - independent fee appraisers and consultants specializing in commercial, industrial, and multi-family residential properties. (Formerly Haley Appraisal Company, Inc.) February 2002 to 2006: Land acquisition agent for County of San Mateo and various cities on the San Francisco Peninsula on public right-of-way projects. August 1987 to August 1989: Vice President, General Manager and Associate Appraiser, Haley, O'Brien and O'Brien, San Francisco, CA. - Independent fee appraisers specializing in commercial and industrial properties. August 1986 to July 1987: Staff Appraiser, Class II, Sears Mortgage Corporation, South San Francisco, CA. - residential appraisals of single family, condo, PUD, and 2-4 unit properties. August 1985 to August 1986: Residential Loan Representative, Sears Mortgage Corporation, Daly City, CA. January 1981 to August 1985: Sales and Marketing Positions, Dean Witter Reynolds Inc., Monterey, CA and San Francisco, CA - major securities dealer. May 1976 to January 1981: Finance and Accounting Officer, U.S. Army, various duty stations. PROPERTY TYPES APPRAISED Office buildings Industrial buildings Mixed-use buildings Vacant land Shopping Centers Leased Land Apartment complexes Retail buildings Condominium projects Single Family Residences / Condo & PUD Units Hotels Special Purpose Properties Easements and partial takings Appraisal Reviews 417 _________________________________________________________________________________________________________ Associated Right of Way Services, Inc. 1255 Treat Blvd., Suite 815 Walnut Creek, CA 94597 925.691.8500 No. 22152 Appraisal Report for City of South San Francisco Zhang Property Portion of 701 Spruce Avenue South San Francisco, CA APN: 012-131-040 Prepared by: Erik Woodhouse, MAI, R/W-AC Senior Appraiser Date of Report: May 10, 2023 Date of Value: March 27, 2023 418 Corporate Office 1255 Treat Blvd., Suite 815 Walnut Creek, CA 94597 925.691.8500 phone 925.691.6505 fax www.arws.com May 10, 2023 Ms. Nell Sellander Director, Economic & Community Development Department City of South San Francisco PO Box 711 South San Francisco, CA 94083-0711 Re: Potential acquisition of a portion of 701 Spruce Avenue Owner: Zhang Property Address: Portion of 701 Spruce Avenue, South San Francisco, CA APN: 012-131-040 Dear Ms. Sellander: In accordance withour contract with the City of South San Francisco, an appraisal has been made of the market value of a portion of 701 Spruce Avenue, which may be acquired by the City of South San Francisco through a negotiated agreement. It is understood that the current owner of the property is seeking to sell the site to the City, and the acquisition would not be under the threat of condemnation. The final valuation conclusion is included in the following report. This Appraisal Report is prepared in conformance with the Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2(a). This report contains a description of the subject property, the property rights to be acquired, a valuation conclusion for the property to be acquired and an estimate of market value.I havecompleted an inspection of the subject, gathered pertinent information, sales and other data relevant to the valuation and analyzed the data to reach my conclusions. The property owner, Sky Zhang, accompanied me during an inspection of the property on March 27, 2023. The date of value is the date of the site inspection. The opinion of the market value of the property interests considered for acquisition for the project is as shown in the following Summary of Salient Facts and Conclusions, which is made a part of this transmittal letter and appraisal report. The accompanying report is submitted for your review and approval for acquisition purposes and is subject to the Assumptions and Limiting Conditions included herein. Sincerely, Erik Woodhouse, MAI, R/W-AC State Certified General Appraiser CA License No. AG034630 419 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang Summary of Salient Facts and Conclusions Estimate of Market Value $250,000 Date of Valuation: March 27, 2023 (date of site visit) Assessor's Parcel Number: 012-131-040 Property Location/Address: Portion of 701 Spruce Avenue, South San Francisco, CA Owned Since: Over five years Owner: Zhang Occupied By: Owner Principal Improvements: None Total Site Area: Approximately 0.59 acre or 25,763 square feet Zoning: RL-8 – Low Density Residential General Plan: Low Density Residential Highest and Best Use: As Vacant Hold for speculative residential development Flood Hazard Information: Flood Zone X, Map No. 06081C0041E, dated October 16, 2012 Earthquake Information: Not located in an Earthquake Fault Zone Environmental Assessment: No known contamination issues The intent of this appraisal assignment is to conduct an investigation approximating the thoroughness that a typical buyer would conduct when considering similar property on the open market in the subject’s neighborhood and competing markets, and in conformance with the necessary policies and techniques used by appraisers in developing an estimate of market value. An inspection of the subject was conducted to determine size, condition and utility of the property. Searches of public records, real estate listings and sales services were employed to obtain data. Relevant property sales were researched and confirmed to the extent possible. Since the 420 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang property being appraised includes only land, the value of the land has been estimated by applying the Sales Comparison Approach. The conclusion of value for the Sales Comparison Approach is determined following appropriate adjustments to properties that have sold and are similar to the subject, considering the unit prices paid in the market for this type of property. The income and cost approaches are not considered applicable to this assignment since the approaches do not typically apply to the valuation of land. 421 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang Subject Location Map 422 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang Table of Contents LETTER OF TRANSMITTAL SUMMARY OF SALIENT FACTS AND CONCLUSIONS SUBJECT LOCATION MAP INTRODUCTION ..................................................................................................................................... 1 PURPOSE OF THE APPRAISAL .................................................................................................................. 1 SCOPE OF ASSIGNMENT ......................................................................................................................... 1 INTENDED USE OF THE APPRAISAL ........................................................................................................... 1 CLIENT AND INTENDED USER OF THE APPRAISAL ....................................................................................... 1 DATE OF VALUATION .............................................................................................................................. 1 PROPERTY INTEREST APPRAISED ............................................................................................................ 2 MARKET VALUE DEFINED ........................................................................................................................ 2 REASONABLE EXPOSURE TIME ................................................................................................................ 2 CERTIFICATION OF APPRAISER ................................................................................................................ 3 ASSUMPTIONS AND LIMITING CONDITIONS ................................................................................................ 5 HYPOTHETICAL CONDITIONS ................................................................................................................... 7 EXTRAORDINARY ASSUMPTIONS .............................................................................................................. 7 GENERAL INFORMATION ..................................................................................................................... 9 REGION, CITY AND NEIGHBORHOOD DATA ................................................................................................ 9 REAL ESTATE MARKET CONDITIONS ...................................................................................................... 10 Residential Market ........................................................................................................................................ 12 SUBJECT PROPERTY INFORMATION ................................................................................................ 15 SUBJECT PROPERTY DATA SUMMARY .................................................................................................... 15 PROPERTY DESCRIPTION ...................................................................................................................... 21 Site Description ............................................................................................................................................ 21 TITLE AND PROPERTY HISTORY ............................................................................................................. 23 Existing Easements ...................................................................................................................................... 23 FLOOD HAZARD INFORMATION ............................................................................................................... 23 EARTHQUAKE INFORMATION .................................................................................................................. 24 ENVIRONMENTAL ASSESSMENT ............................................................................................................. 24 ZONING AND GENERAL PLAN OF THE SUBJECT PROPERTY ....................................................................... 25 HIGHEST AND BEST USE ANALYSIS ........................................................................................................ 27 VALUATION ......................................................................................................................................... 29 VALUATION METHODOLOGY .................................................................................................................. 29 SALES COMPARISON APPROACH ........................................................................................................... 30 Sales Data Summary .................................................................................................................................... 30 Sales Data Analysis ...................................................................................................................................... 50 Valuation Conclusion .................................................................................................................................... 52 423 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang MAPS AND EXHIBITS SURVEY MAP....................................................................................................................................... 16 ASSESSOR’S PARCEL MAP .................................................................................................................... 17 SUBJECT AERIAL PHOTOGRAPH............................................................................................................. 18 SUBJECT PROPERTY PHOTOGRAPHS ..................................................................................................... 19 COMPARABLE LAND SALE DATA SHEETS, AERIAL PHOTOGRAPHS, AND PARCEL MAPS ................................ 32 ADDENDA APPRAISER QUALIFICATIONS 424 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 1 Introduction Purpose of the Appraisal The purpose of this appraisal is to furnish an opinion of the market value of the entire subject property as defined and described in this report. It is understood that the conclusions of this appraisal may be used to negotiate the acquisition of the property by the City of South San Francisco. It is understood that the acquisition would not be under the threat of condemnation. Scope of Assignment The subject property was inspected to determine the size, condition, and utility of the underlying land and existing improvements and/or encumbrances. Searches of public records, real estate listings and sales services were employed to obtain data. Analysis of market conditions was completed, both general and specific to the market. Market participants were interviewed. Relevant property sales were researched and confirmed to the extent possible. The data is set out in the property valuation section. The Appraisal Report conforms to Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice. The information contained in this report is specific to the needs of the Client and for the intended use stated in this report. I am not responsible for unauthorized use of this report. The intent of this report is to provide sufficient data and analysis so as to have no misleading information and a conclusion of value of high reliability. Intended Use of the Appraisal The intended use of the appraisal and report is to provide the City of South San Francisco with an estimate of the market value of the subject property. It is understood that the conclusions of this appraisal may be used to negotiate the acquisition of the property by the City of South San Francisco. It is understood that the acquisition would not be under the threat of condemnation. The appraisal report is subject to administrative review by the Client. Client and Intended User of the Appraisal The Client and the intended user of this appraisal report is the City of South San Francisco. Date of Valuation The property in this report has been valued as of March 27, 2023. The date of value is the date of the site inspection. 425 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 2 Property Interest Appraised This appraisal addresses the fee simple estate in the subject property. The fee simple estate is defined as follows: “Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.” (The Dictionary of Real Estate Appraisal, Seventh Edition, published by the Appraisal Institute) Market Value Defined 12 CFR § 34.42(h); The Appraisal of Real Estate, 15th Edition, published by the Appraisal Institute) “The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.” Reasonable Exposure Time Uniform Standards of Professional Appraisal Practice (USPAP 2020/2021 edition: Definitions) defines exposure time as follows: “EXPOSURE TIME: an opinion, based on supporting market data, of the length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.” Exposure time is presumed to be a reasonably adequate and sufficient period of time with adequate effort necessary to result in a sale fulfilling the definition of value. It is presumed to be a period immediately preceding the effective date of value. Based on the data researched for this assignment, an exposure time of approximately one year is estimated. USPAP’s 2020-21 edition is effective through December 31, 2023. 426 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 3 Certification of Appraiser I hereby certify that to the best of my knowledge and belief: I have personally inspected the property that is the subject of this report. The statements of fact contained in the appraisal report are true and correct, and the information upon which the opinions expressed therein are based is correct; subject to the Limiting Conditions therein set forth. Neither my employment nor my compensation for completing this assignment is in any way contingent upon the values reported herein. My compensation is not contingent upon the developing or reporting of predetermined values or direction in value that favors the cause of the Client, the amounts of the value opinions, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have performed no services as an Appraiser or in any other capacity regarding the property that is the subject of this report within a three-year period immediately preceding the acceptance of this assignment. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. The reported analyses, opinions, and conclusions are limited only by the reported Assumptions and Limiting Conditions, and are my own personal, impartial, unbiased professional analyses, opinions, and conclusions. The reported analyses, opinions, and conclusions were developed, and this report, to the best of my knowledge and belief, has been prepared in conformity with the requirements of the Code of Professional Ethics and Standards of Appraisal Practice of the Appraisal Institute, which includes the Uniform Standards of Professional Appraisal Practice (USPAP). The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal Institute. The opinion of market value for the subject property as of the date of valuation is set forth in the Summary of Salient Facts and Conclusions and is based upon my independent appraisal and the exercise of professional judgment. No one provided significant real property assistance to the person signing this Certification. I hereby certify that my opinion of the market value of the property appraised as described in this report is included herein and that my opinions and conclusions were made subject to the 427 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 4 Assumptions and Limiting Conditions in this report and without collusion, coercion or direction from anyone as to value. May 10, 2023 Date Erik Woodhouse, MAI, R/W-AC State Certified General Appraiser CA License No. AG034630 428 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 5 Assumptions and Limiting Conditions The following Assumptions and Limiting Conditions have been relied upon and used in making this appraisal and estimating the respective values required by the purpose of the appraisal and its intended use. x No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable, unless otherwise stated in this report. x The property is appraised free and clear of any or all liens and encumbrances, unless otherwise stated in this report. x Responsible ownership and competent property management are assumed, unless otherwise stated in this report. x The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. x Sketches, plat maps, or photographs contained in this report are included to assist the reader in visualizing properties and no survey has been made of the property by the Appraiser. x No responsibility is assumed for discovery of hidden or non-apparent conditions of the property, subsoil, or the structures that render it more or less valuable. Encroachment of real property improvements is assumed to not exist. No responsibility is assumed for arranging for engineering studies or a survey, which may be required to discover these conditions. x It is assumed that the subject is in full compliance with all applicable Federal, State, and local environmental regulations and laws, unless otherwise stated in this report. x It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined, and considered in this report. x It is assumed that all required licenses, certificates of occupancy, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been, or can be, obtained or renewed for any use on which the value conclusions contained in this report are based. x The Appraiser is not a soil expert. The existing soil and substructure has been assumed adequate for existing or proposed uses unless contrary information is provided and contained in this report. It is advisable to have a soil analysis and report completed by a qualified soil engineer, or other qualified expert, so that any interested party will become knowledgeable as to the important soil information including seismic data, soil contaminants, type of fill, if any, or other relevant matters. 429 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 6 x Unless otherwise stated in this report, it is assumed that there are no hazardous or toxic substances in the soil comprising the subject land. x Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. The presence of architectural and communications barriers that are structural in nature and would restrict access by disabled individuals may adversely affect the property’s values, marketability, or utility. x The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. x Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written prior consent of the Appraiser, and in any event, only with proper written qualification and only in its entirety. x The delivery and/or possession of this report does not require the Appraiser to attend or give testimony at any meeting, public hearing, pretrial conference, deposition or court trial unless there is a written agreement between the Appraiser and the party possessing or relying on this report or requesting such services. x Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the Appraiser, or the firm with which the Appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media. x A preliminary title report for the subject property was not provided. The Appraiser relied on public records, assessor’s parcel maps, and/or exhibits provided by the Client and current property owner to determine the location, size, and shape of the subject property. Additionally, property boundaries were staked by survey commissioned by the property owner. 430 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 7 Hypothetical Conditions Uniform Standards of Professional Appraisal Practice (USPAP 2020/2021 edition: Definitions) defines hypothetical condition as follows: “HYPOTHETICAL CONDITION: a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.” The following hypothetical conditions are used for this appraisal and may affect the assignment results: x According to the property owner, a fence located within the southwest corner of the subject property is owned by the City of South San Francisco, which owns the adjoining parcel to the southwest, and is encroaching on the subject site. This appraisal has been conducted as if this encroachment were not present. USPAP’s 2020-21 edition is effective through December 31, 2023. Extraordinary Assumptions Uniform Standards of Professional Appraisal Practice (USPAP 2020/2021 edition: Definitions) defines extraordinary assumptions as follows: “EXTRAORDINARY ASSUMPTION: an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions. Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.” The following extraordinary assumptions are used for this appraisal and may affect the assignment results: x The area of the subject property being appraised was derived from a professional survey commissioned and provided by the property owner. It is assumed that the area as identified and described is reasonably accurate. x Current zoning and General Plan maps at the City of South San Francisco show that the subject property has land use designations reflecting open spaces uses. However, 431 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 8 according to Billy Gross, Principal Planner with the City of South San Francisco, the designations for the subject property are displayed erroneously on the City’s maps, and the correct zoning designation is RL, Low Density Residential. The correct General Plan designation for the subject is also Low Density Residential. It is assumed that this information provided by the City of South San Francisco Planning Department, which contradicts what is shown on publicly available mapping resources, is accurate. x The subject property is partially encumbered by a public trail owned and operated by the City of South San Francisco. It is understood that there is no easement for this trail. However, according to legal counsel for the City, the trail could endure as a prescriptive easement. USPAP’s 2020-21 edition is effective through December 31, 2023. 432 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 9 General Information Region, City and Neighborhood Data The subject property is located in the City of South San Francisco, within San Mateo County. San Mateo County is one of the nine counties comprising what is known as the San Francisco Bay Area. San Mateo County was formed from parts of San Francisco County and Santa Cruz County in 1856. San Mateo County totals roughly 744 square miles (293 square miles are covered by water) and makes up most of the San Francisco Peninsula that extends from the San Francisco Bay shoreline to the hillsides of the Santa Cruz Mountains and neighboring Santa Clara County. The county is geographically divided by the Santa Cruz Mountains with most development occurring along the eastern, or bay, side. The majority of San Mateo’s coastline is occupied by state beaches and has limited development potential due to state regulation. Industry is situated closest to the bay along the El Camino Real/Highway 101 Corridor, with pockets of commercial and residential areas stretching westward into the foothills. The California Department of Finance estimates San Mateo County’s population at 737,644 people as of January 2023, which represents a 0.4% decrease from the estimated population posted a year prior. There are 20 incorporated cities in San Mateo County, including the City of South San Francisco, where the subject is located. South San Francisco covers approximately 9.20 square miles of land situated toward the northern part the San Francisco Peninsula, and about 21 square miles of water. It is bounded by San Bruno Mountain State Park to the north, the City of San Bruno to the south, the San Francisco Bay to the east, and Daly City and Milagra Ridge open space to the west. The city combines residential uses and industrial and commercial elements in a largely urban environment. After South San Francisco’s incorporation in 1908, industry remained the city's main economic focus through the 1950s. In the latter half of the 20th Century major manufacturers closed, and new development was focused on office parks, housing, high-rise hotels, and yacht harbors. The biotechnology giant Genentech originated in South San Francisco in 1976, leading to the City's identity as "the birthplace of biotechnology.” South San Francisco population growth has tapered off from previous years to a population of 64,323 according to 2023 estimates provided by the California Department of Finance. South San Francisco is the fourth largest city in the county. 433 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 10 South San Francisco and San Mateo County benefit from a number of freeways, arterials, and expressways that provide access to most areas of the region. The primary transportation corridors that pass through South San Francisco include Interstate 280, U.S. Highway 101, and State Route 82. Caltrain rail transportation, Bay Area Rapid Transit (BART), SamTrans bus services, and the San Francisco Bay Ferry provide mass transit for the city and greater Bay Area region, while the San Francisco International Airport is located adjacent the city limits to the south. The subject property is located in the Sign Hill neighborhood of South San Francisco, a predominantly single-family residential neighborhood overlooking the city to the east and south. The neighborhood is home to the South San Francisco hillside sign, which rises to the north of the city, with large white letters that proclaim "South San Francisco, The Industrial City". The sign, a tribute to the city's industrial past, is listed on the National Register of Historic Places, and it is located about a quarter-mile from the subject. The Ridge Trail, which passes through portions of the subject site, provides a hiking path to the sign. Real Estate Market Conditions Since March 2020, the world has been dealing with the spread of the coronavirus, COVID-19, a global pandemic. In the initial stages of the outbreak the economy experienced a significant downturn, with most major markets declining by as much as 20%. Most COVID-19 related restrictions were lifted in mid-2021 throughout the state, with approximately half of Californians vaccinated at that time. The progression of COVID-19 continued with the emergence of multiple variants but has now shifted from a pandemic to an endemic. Real gross domestic product (GDP) is a comprehensive measure of economic activity, and the most popular indicator of the nation's overall economic health. According to the Bureau of Economic Analysis (BEA), the GDP increased at an annual rate of 2.6% in the fourth quarter of 2022, according to the “third” estimate. According to the BEA, the increase in the fourth quarter “reflected increases in private inventory investment, consumer spending, nonresidential fixed investment, federal government spending, and state and local government spending that were partly offset by decreases in residential fixed investment and exports. Imports decreased,” The percentage change in real GDP from the preceding quarter over the past few years through the end of the fourth quarter is shown in the graph below. 434 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 11 The decline in GDP growth in 2022 came from a broad range of factors, including decreases in inventories, residential and nonresidential investment, and government spending at the federal, state and local levels. Consumer spending, as measured through the personal consumption expenditures price index, has increased as inflation accelerated. Inflation was at the root of much of the economy’s troubles in 2022. According to Freddie Mac, the average 30-year mortgage rate nationally has increased to 6.73% as of March 9, 2023, from a low of 2.65% as of January 7, 2021. The Federal Funds Rate target rate has increased from a range of 0%-0.25% as of March 2020 to its current range of 4.5%-4.75%, with more increases anticipated. The Conference Board Consumer Confidence Index (CCI) is a barometer of the health of the U.S. economy from the perspective of the consumer. The index is based on consumers’ perceptions of current business and employment conditions, as well as their six-month outlook regarding business conditions, employment conditions, and income. As of April 2023, the Index stood at 101.3, down slightly from 104.0 in March 2023. According to Ataman Ozyildirim, Senior Director of Economics at The Conference Board, “while consumers’ relatively favorable assessment of the current business environment improved somewhat in April, their expectations fell and remain below the level which often signals a recession looming in the short-term. Consumers became more pessimistic about the outlook for both business conditions and labor markets. Compared to last month, fewer households expect business conditions to improve and more expect worsening of conditions in the next six months. They also expect fewer jobs to be available over the short term. April’s decline in consumer confidence reflects particular deterioration in expectations for consumers under 55 years of age and for households earning $50,000 and over. Meanwhile, April’s results show consumer inflation expectations over the next 12 months remain essentially unchanged from March at 6.2 percent—although that level is down substantially from the peak of 7.9 percent reached last year, it is still elevated. Overall purchasing plans for homes, autos, appliances, and vacations all pulled back in April, a signal that consumers may be economizing amid growing pessimism.” 435 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 12 Comparatively, the index stood at 108.3 in December 2022. An index reading of 100 generally indicates a stable economy in neither a peak nor trough. The unemployment rate is the most frequently cited indicator of labor market health and data from the job market gives a picture of a sudden, weakened economy at the onset of the COVID pandemic in early 2020. Since spiking in the 2nd quarter of 2020, the unemployment rate has been on a downward trend to the historically low rates seen prior to the pandemic. However, rates have over the last few months unemployment rates have once again been on the rise. The California Employment Development Department reports that the State unemployment rate increased to 4.8% in March 2023, unchanged from February 2023 and slightly above 4.6% in January 2023. San Mateo County had an unemployment rate of 2.8%, as reported for March 2023, unchanged from February and a slight increase from the January 2023 estimate of 2.6%. in January and 5% in December 2022. The city of South San Francisco had an unemployment rate of 2.7%, as reported for March 2023. Residential Market Generally, housing is seen as one of the sectors to rise or fall as economic conditions improve or degrade. The California housing market ended 2020 on a high note, with the statewide median home price reaching record highs. That same momentum was carried forward in 2021, and in April, the median home price throughout the state reached above the $800,000 mark for the first time, according to the data released by the California Association of Realtors. The state-wide median home price has declined since that time, largely due to increases in interest rates and economic uncertainty. While median home prices are an imperfect measure of the current value of any individual home, they do provide important information regarding the overall health of residential real estate markets. For January 2023, the median sales price of existing homes statewide was $751,330, down from $766,250 a year earlier. Meanwhile the number of sales of existing homes decreased 45.7% for all of California over the same time period. In San Mateo County, sales of single-family re-sale homes declined by 31.3% year-over-year in February 2023, according to MLSListings source data. The following chart shows the monthly sales volumes since January 2019, as compiled by Compass. 436 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 13 According to Compass, at $1,766,500, the median sales price for single-family, re-sale homes in San Mateo County in February 2023 declined about 11% compared to last year. The chart displayed as follows shows the trend for median home sales prices in San Mateo County over the last four years (by month) through February 2023. 437 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 14 In South San Francisco, there were a total of 51 sales between November 2022 and February 2023, with a median house price of $1,175,000. 438 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 15 Subject Property Information Subject Property Data Summary Date of Valuation: March 27, 2023 (date of site visit) Assessor's Parcel Number: 012-131-040 Property Location/Address: Portion of 701 Spruce Avenue, South San Francisco, CA Owned Since: Over five years Owner: Zhang Occupied By: Owner Principal Improvements: None Total Site Area: Approximately 0.59 acre or 25,763 square feet (scaled) Zoning: RL-8 – Low Density Residential General Plan: Low Density Residential Highest and Best Use: As Vacant Hold for speculative residential development Flood Hazard Information: Flood Zone X, Map No. 06081C0041E, dated October 16, 2012 Earthquake Information: Not located in an Earthquake Fault Zone Environmental Assessment: No known contamination issues 439 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 16 Survey Map 440 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 17 Assessor’s Parcel Map SUBJECT PORTION OF PARCEL TO BE RETAINED 441 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 18 Subject Aerial Photograph 442 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 19 Subject Property Photographs Northeasterly view across subject property. Northerly view across subject property. 443 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 20 Subject Property Photographs Easterly view across subject property, including Ridge Trail (foreground). View of entrance stairway to Ridge Trail from Spruce Avenue (foreground). 444 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 21 Property Description Site Description The subject property is a portion of 701 Spruce Avenue, in South San Francisco, CA. The San Mateo County Assessor further identifies the property as a portion of APN 012-131-040. It is located approximately 180 feet west of Spruce Avenue, north of Diamond Avenue and south of Beech Avenue. Spruce Avenue is a residential arterial street leading to downtown South San Francisco to the south. Diamond and Beach Avenues are smaller, interior residential streets. As previously described, the subject property is located in the Sign Hill neighborhood of South San Francisco, a predominantly single-family residential neighborhood overlooking the city to the east and south. The neighborhood is home to the South San Francisco hillside sign, which rises to the north of the city, with large white letters that proclaim "South San Francisco, The Industrial City". The sign, a tribute to the city's industrial past, is listed on the National Register of Historic Places, and it is located about a quarter-mile from the subject to the west. The Ridge Trail, which passes through portions of the subject site, provides a hiking path to the sign. The subject property is currently a portion of a larger site that covers a flag-shaped area of 40,794 square feet, based on surveyed information provided by the property owner. The owner has sought to subdivide the site into multiple smaller lots, in accordance with the site’s zoning. However, the City of South San Francisco has indicated that the proposal prepared by the owner would not be approved. Furthermore, as previously described, a portion of the Ridge trail crosses over both the portion of the parcel that the owner wishes to retain and the portion that the owner would like to sell to the City. The owner has sought to relocate the trail, but the City has indicated this would not be approved. It is understood that there is no easement for this trail. However, according to legal counsel for the City, the trail could endure as a prescriptive easement. The site being appraised has irregular, rolling topography and an irregular shape. It has no roadway access or immediate access to utilities. Utilities are available to the single-family residence on the portion of the site the owner seeks to retain, but they would need to be extended to the subject site if development could be accommodated. Access to the site may be possible by circumventing the trail to the north. However, such feasibility would need to be further studied. Access along the south boundary has been explored, but this could not be accommodated due to the trail and accompanying prescriptive easement. An access driveway traveling along the north side of the trail to the new proposed lot boundary would travel a distance of around 205 feet (scaled), and the distance between the existing fence surrounding the house on the portion of the property to be retained and the south lot boundary was scaled to be around 14 feet. The subject property, as later described, has a zoning designation of RL-8, Low Density Residential, and the minimum lot size requirement for this zoning designation is 5,000 square feet. Based on the size of the subject, the site could potentially support up to five dwelling units. However, due to physical constraints and the inability to comply with certain minimum site requirements, the City has indicated that subdividing the lot may not be possible. Overall, the subject site has several conditions that would impair its marketability, including topography, lack of roadway access, lack of immediate access to utilities, the existence of a 445 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 22 prescriptive easement for the portion of the Ridge Trail on the site, and no current approved subdivision creating a legally salable, subdivided lot. 446 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 23 Title and Property History A preliminary title report for the subject property was not provided for this assignment. According to public records, the subject's fee ownership is vested in Tianyi Zhang. The entire property, including the portions to be retained and the portion to be sold, was acquired in an arms-length transaction on February 5, 2018, for $1,420,000. The property included the existing five-bedroom, 1,995-square foot (per public records) home on the portion of the site being retained. Since this appraisal addresses only the value of the land proposed for sale, this prior sale is not considered relevant as an indicator of the subject property being appraised. I am not aware of any leases or current offers to purchase the subject. Existing Easements As previously described, the subject property is partially encumbered by a public trail owned and operated by the City of South San Francisco. It is understood that there is no easement for this trail. However, according to legal counsel for the City, the trail could endure as a prescriptive easement. There are no other known easements that encumber the subject property. It is recommended that a title report be ordered and reviewed prior to any financial decisions being made pertaining to the subject property. Flood Hazard Information The subject property is in a mapped area designated to be in Flood Zone X by the Federal Emergency Management Agency (FEMA). Flood zone “X” is defined as areas of minimal flood hazard, usually depicted on FEMA Flood Insurance Rate Maps as above the 500-year flood level. The FEMA Flood Zone Map Panel is 06081C0041E and the effective date is October 16, 2012. A copy of the Flood Insurance Rate Map is included as follows. 447 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 24 Earthquake Information All properties in California are subject to some degree of seismic risk. The Alquist-Priolo special Studies Zone Act of 1972 was enacted by the State of California to regulate development near active earthquake faults. The Act required the State Geologist to delineate “special studies zones” along known active faults in California. Cities and counties affected by the identified zones must limit certain development projects within the zones unless geologic investigation demonstrates that the sites are not threatened by surface displacement from future faulting. According to the California Department of Conservation, California Geological Survey, the subject property is not located in an Earthquake Fault Zone as designated under the Alquist-Priolo Earthquake Fault Zoning Act. Related development limitations, therefore, do not apply. Environmental Assessment An environmental assessment regarding the subject property was not provided for this assignment. The Department of Toxic Substances Control does not indicate any known 448 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 25 contaminants present on the site. This appraisal assumes that no environmental remediation would be required. Zoning and General Plan of the Subject Property Zoning General Plan Current Use RL-8 – Low Density Residential Low Density Residential Vacant The zoning category for the subject is RL-8 – Low Density Residential. According to the City of South San Francisco’s zoning code, The purpose of the residential zoning districts is to: A. Accommodate a range of housing types consistent with the City’s General Plan. B. Preserve, protect, and enhance the character of the City’s different residential neighborhoods and enhance the quality of life for the City’s residents. C. Ensure adequate light, air, privacy, and open space for each dwelling. D. Ensure that all future development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed. E. Provide sites for public and semi-public land uses such as parks, libraries, and religious assembly uses to serve residents and complement surrounding residential development. The RL-8 district specifically allows for residential development at a density of up to eight dwelling units per acre, which include detached, semi-attached, and attached units, as well as community gardens, day care centers, public park and recreation facilities, and short-term vacation rentals. The following development standards apply in the RL-8 district: 449 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 26 Additional design criteria would also apply to the subject property due to its hillside location. The General Plan land use designation for the subject is Low Density Residential. According to the City of South San Francisco’s General Plan, the Low Density Residential designation is intended for detached, single-family residential development with maximum residential densities of up to eight dwelling units per acre. Compliance Although the subject property has not yet been subdivided to create its own legal lot, it appears that it would conform to the applicable zoning code and General Plan designation once access was granted to the site. Min. Lot Area 5,000 sf (B) Min. Lot Area, Corner 6,000 sf (B) Min. Lot Width 50 ft Min. Lot Width, Corner 60 ft Min. Lot Depth 80 ft Floor Area Ratio (FAR) 0.5 or 2,000 sf, whichever is greater Max. Lot Coverage 50% Max. Primary Building (ft/stories) 28 ft/2 stories (D) Max. Accessory Building Min. Front Setback 15 ft (B) (C) Min. Interior Side Setback 5 ft or 10% of lot width, whichever is greater, in no case less than 3 ft; 4 ft for SB9 units Min. Street Side Setback 10 ft; 4 ft for SB9 units (C) Min. Rear Setback 20 ft (H) Min. Private Open Space 150 sf/unit Min. Private Open Space Dimension Min. Common Open Space ʊ Min. Common Open Space Dimension 20 ft. Min. Landscaping ʊ 8 ft. when located on the ground level; 6 ft. when located above the ground level Lot Size Building Height 12 ft if a floor slab is used; 15 ft if floor joist construction is used Setbacks (B) Landscaping and Open Space 450 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 27 Highest and Best Use Analysis The following definition of the term “Highest and Best Use” provides a reasonable basis for analyzing the subject property: The reasonable, probable and legal use of vacant land or improved properties which is physically possible, appropriately supported, financially feasible, and results in the highest value. Inherent in this definition are the following four criteria: Legally Permissible: What uses are permitted, given existing deed and lease restrictions, zoning, building codes, historic controls, and environmental regulations? Physically Possible: What uses of the site are possible, given the physical characteristics as revealed in the site analysis? Financially Feasible: Which possible and permissible uses will produce positive net income from the development of the site after paying operating expenses and other financial obligations? Maximally Productive: Which financially feasible use will provide the highest value or rate of return on investment? The primary purpose of the highest and best use analysis is to identify the most productive, competitive use to which the property can be put. This analysis is done in two parts. The first part considers the possible uses of the site as if vacant. The second part evaluates the improvements to determine if they represent the highest and best use or if they should be modified. Another purpose of the highest and best use analysis is to assist in defining the scope of the appraisal. In investigating the highest and best use, items that affect value such as accrued depreciation and functional and external obsolescence are identified. Also, by defining the highest and best use the selection of the comparable sales is narrowed, as they typically have the same or similar highest and best use. Based on the four tests of legally permissible, physically possible, financially feasible, and maximally productive, the highest and best use of the land has been analyzed. In the case of the subject property, the legally permissible uses are determined by the City of South San Francisco Planning Department, which has zoning jurisdiction over the subject. The subject property, once subdivided, could legally potentially allow for development of up to five dwelling units, given the 5,000-square foot minimum lot size in the zoning district. However, as previously described, subject site has several physical conditions that would impair its marketability, including topography, lack of roadway access, lack of immediate access to utilities, the existence of a prescriptive easement for the portion of the Ridge Trail on the site, and no current approved subdivision creating a legally salable, subdivided lot. Due to physical 451 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 28 constraints and the inability to comply with certain minimum site requirements, the City has indicated that subdividing the lot may not be possible. Research of the market for lots similar to the subject indicates that a limited market exists for properties without existing roadway access. These lots are typically acquired as investments, with future planned development anticipated when infrastructure development serving them would be feasible. When these lots are located a great distance from roadway and utility infrastructure, the hold time and level of speculation is greater. The highest and best use of the subject property, upon approval of its subdivision from the remainder of the current legal lot, is for to hold for speculative development until access and utility infrastructure can be accommodated to make development of the parcel feasible. 452 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 29 Valuation Valuation Methodology There are three generally recognized approaches considered in the valuation of real property. These are the cost approach, sales comparison approach, and income approach. The type and age of the property and the quantity and quality of the available data affect the applicability of each approach in a specific appraisal situation. The Cost Approach estimates, through support sources, the cost of constructing the subject improvements. Accrued depreciation from all causes is estimated and deducted from the estimates of cost new of the improvements. The market value of the land is added to this depreciated cost estimate to indicate the value of the subject property by the cost approach. The Land Value Estimate in the valuation process is usually a separate step, which is generally accomplished through the application of the sales comparison approach. The land value conclusion is then incorporated into the cost approach. The Sales Comparison Approach involves a search for recent sales of properties similar to the subject. The prices paid for these properties provide the basis for estimating the value of the subject by comparison. Adjustments are made for the differences in the properties as they compare to the subject. A correlation of the data provides a value estimate for the subject. This is the most used, and considered the most reliable, approach to estimating the value of land. The Income Approach looks at the relationship between a property's income producing ability and the value buyers and sellers assign to the income. An estimate is made of the market rent to indicate an annual gross income. Estimated fixed and variable operating expenses are deducted from the annual gross income to provide an annual net operating income. An indicated value of the subject is derived through direct capitalization of the indicated net income by a market derived overall rate or through the use of the discounted cash flow technique. Reconciliation involves consideration of the relevance and influence of each approach in relation to the actions of typical users and investors of properties and particularly the subject property. The three indications of value are discussed and reconciled into a final conclusion of market value. The City of South San Francisco has requested an appraisal of the current market value of the subject property. Since the subject property includes only land, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The income and cost approaches are not considered applicable to this assignment since the approaches do not typically apply to the valuation of land. 453 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 30 Sales Comparison Approach Research was conducted to find comparable land sales in the subject’s market area. Due to the scarcity of data pertaining to the sale of similar land in the size range of the subject property, the search timeline was expanded accordingly. The search was also expanded in terms of location. The following table displays a summary of the selected sales, which are judged to be most representative of current market conditions for the subject property. The most comparable land sales reflecting the actions of buyers and sellers in the marketplace are summarized below. Comparable data sheets, Assessor’s Parcel Maps and aerial photographs, photographs (when available) for each comparable sale are included on the following pages. Sales Data Summary Residential Land Sales Data Address No. City, State APN RL-01 San Carlos, CA 049-063-100 RL-02 Pacifica, CA 018-140-590, -060 RL-03 Pacifica, CA 016-364-040 RL-04 North of Hillcrest Dr. Belmont, CA 043-042-740 RL-05 South Terminus Alhambra Dr Belmont, CA 043-232-120 RL-06 Belmont, CA 043-165-170 Subject Portion of 701 Spruce Ave. DOV South San Francisco, CA 03/27/23 N/A Cresta Dr, North of Alhambra Dr. East of Scenic Way, South of Brighton Rd. Approx. 450 Feet North of Rockaway Beach Ave. North of Camborne Ave., West of Club Dr. 25,763 12/31/19 17,600 Dec-22 0.21 012-131-040 (portion) 0.59 Roughly Rectangular/Sloping RL Available Nearby Low Density Residential 12/24/19 16,475 Dec-19 0.38 $220,000HR-02 Available nearby Hillside Residential/Open Irregular/Sloping Sep-19 0.40 $100,000 $110,000 05/14/20 66,299 HR-02 NoneFeb-20 1.52 Hillside Residential/Open Irregular/Sloping HR-02 Available nearby Hillside Residential/Open Irregular/Sloping $275,000 01/08/23 9,000 $90,000 03/07/23 158,228 R-1 None Open Space/Agricultural/ Elongated/Sloping R-1/B-3 None Low Density Residential Rectangular/Gently- Sloping Mar-23 3.63 $120,000Mar-23 03/29/23 0.18 7,900 R-1/S-71/DR Medium Density Residential None Irregular/Sloping Sales PriceUtilities Approx. Dimensions Sales Contract Date Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General PlanCOE 454 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 31 Comparable Land Sale Location Map 455 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 32 Comparable Land Sale Data Sheet – RL-01Compara ble La nd Sale Data Sheet s an d P Compa rabl e La nd Sal e Dat a Shee ts Com par a ble La nd Sa le Da ta S hee ts, A er ial Ph ot ogr a ph s, a nd Par cel Ma ps Property Type Single Family Res. - Land Sales Contract Date Mar-23 COE 03/29/23 Sales Price $120,000 Address North of Camborne Ave., West of Club Dr. City, State San Carlos, CA Zip 94070 APN 049-063-100 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General Plan Utilities Approx. Dimensions Entitlements Verified By Comments This is the sale of a 7,900-square foot landlocked parcel in San Carlos. The property is located on a down sloping hillside behind two existing single-family residences. A planned, or "paper", road adjoins the parcel to the north but would need to be extended approximately 850 feet from the north to accommodate development, along with public sewer and water infrastructure. The listing agent also reported that obtaining a sewer connection from the City of San Carlos would be cumbersome to obtain. The zoning for the site would allow one single-family dwelling. The buyer's agent reported that the buyer plans to hold the site as a long-term investment, and that the buyer and neighbors would have to coordinate to extend the roadway and ut ilities. Yun Family Trust Amanda Tucker 14058 All Cash to Seller 0.18 7,900 R-1/S-71/DR Medium Density Residential None Max Reinhardt, Listing Agent Samson Cheng, Buyer's Agent Irregular/Sloping None 456 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 33 Comparable Land Sale Parcel Map – RL-01 457 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 34 Comparable Land Sale Aerial Photograph – RL-01 458 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 35 Comparable Land Sale Data Sheet – RL-02 Property Type Single Family Res. - Land Sales Contract Date Mar-23 COE 03/07/23 Sales Price $90,000 Address Approx. 450 Feet North of Rockaway Beach Ave. City, State Pacifica, CA Zip 94044 APN 018-140-590, -060 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning R-1 General Plan Utilities Approx. Dimensions Entitlements Verified By Open Space/Agricultural/Residential Martinez et ux Karen Sanford 10055 All Cash to Seller 3.63 158,228 Area on right was acquired in this transaction and assembled with area on left. Comments This is the sale of two parcels with a combined site area of 3.63 acres, located north of Rockaway Beach Avenue in Pacifica. The zoning for these parcels and the adjacent parcels to the west allows for the development of one dwelling unit per five acres of land. The buyers owned the adjoining lots to the west, and acquisition of these two lots will allow for the development of one additional dwelling unit under the zoning, according to the agent interviewed. Accordingly, the buyers were motivated to acquire the site. The property has no street access; a street extension would have to be constructed over City of Pacifica land across an approximately 200 foot distance between the easterly parcel and the east terminus of Calera Terrace. There are no utilities to the site. Max Reinhardt, Listing and Buyer's Agent None Elongated/Sloping None 459 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 36 Comparable Land Sale Parcel Map – RL-02 460 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 37 Comparable Land Sale Aerial Photograph – RL-02 461 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 38 Comparable Land Sale Data Sheet – RL-03 Property Type Single Family Res. - Land Sales Contract Date Dec-22 COE 01/08/23 Sales Price $275,000 Address East of Scenic Way, South of Brighton Rd. City, State Pacifica, CA Zip 94044 APN 016-364-040 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General Plan Utilities Approx. Dimensions Entitlements Verified By All Cash to Seller Alexander Williams Cressa Family Trust 628 0.21 9,000 R-1/B-3 Low Density Residential None Rectangular/Gently-Sloping None Comments This is the sale of a 9,000-square foot lot just east of Highway 1 in Pacifica. The property is located along the planned easterly extension of Clarendon Road, which has not been constructed. The zoning for the site would allow one single-family dwelling. The buyer reportedly intends to extend the street, water, and sewer connections approximately 140 and develop a single-family residence on the site. Electricity would also have to be undergrounded to accommodate development. The site is otherwise level and roughly rectangular. Patrick Ryan, Listing Agent 462 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 39 Comparable Land Sale Parcel Map – RL-03 463 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 40 Comparable Land Sale Aerial Photograph – RL-03 464 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 41 Comparable Land Sale Data Sheet – RL-04 Property Type Single Family Res. - Land Sales Contract Date Feb-20 COE 05/14/20 Sales Price $110,000 Address North of Hillcrest Dr. City, State Belmont, CA Zip 94002 APN 043-042-740 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General Plan Utilities Approx. Dimensions Entitlements Verified By All Cash to Seller Shrestha et ux Piazza Family Trust 44055 1.52 66,299 HR-02 Hillside Residential/Open Space None Irregular/Sloping None Comments This is the sale of a vacant, landlocked, 1.52-acre hillside site in Belmont,behind several single-family residences on a downslope. The property is located along a planned, or "paper", extension of Bartlett Way, which currently terminates approximately 800 feet east of the site. The road and accompanying utility infrastructure would have to be extended to accommodate development. The zoning for the site would allow one single-family dwelling. This site was reportedly acquired as a long-term investment. Max Reinhardt, Listing and Buyer's Agent 465 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 42 Comparable Land Sale Parcel Map – RL-04 466 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 43 Comparable Land Sale Aerial Photograph – RL-04 467 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 44 Comparable Land Sale Data Sheet – RL-05 Property Type Single Family Res. - Land Sales Contract Date Sep-19 COE 12/31/19 Sales Price $100,000 Address South Terminus Alhambra Dr City, State Belmont, CA Zip 94002 APN 043-232-120 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General Plan Utilities Approx. Dimensions Entitlements Verified By All Cash to Seller Victor Garza Ramin Yeganeh 111868 0.40 17,600 HR-02 Hillside Residential/Open Space Available nearby Irregular/Sloping None Comments This is the sale of a 17,600-square foot hillside lot in Belmont. The property is located at the current south terminus of Alhambra Avenue, which would have to be extended slightly to accommodate development of the site. The buyer reportedly owned the adjoining three lots to the west, and acquisition of this parcel created an ownership of over 40,000 square feet, which made development on the combined parcels more feasible. The combined parcels are now listed for a total price of $585,000, but little interest has been shown. The listing agent indicates that the price may be reduced to $485,000 for all four lots in the near future. Max Reinhardt, Listing Agent 468 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 45 Comparable Land Sale Parcel Map – RL-05 469 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 46 Comparable Land Sale Aerial Photograph – RL-05 470 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 47 Comparable Land Sale Data Sheet – RL-06 Property Type Single Family Res. - Land Sales Contract Date Dec-19 COE 12/24/19 Sales Price $220,000 Address West of Terminus of Monte Cresta Dr, North of Alhambra Dr. City, State Belmont, CA Zip 94002 APN 043-165-170 Buyer Seller Document # Terms Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning General Plan Utilities Approx. Dimensions Entitlements Verified By All Cash to Seller Yao Hui Song Alvin Hilario 109847 0.38 16,475 HR-02 Hillside Residential/Open Space Available nearby Irregular/Sloping None Comments This is the sale of a 16,475-square foot residential property on a hillside in Belmont. The property is located approximately 50 feet west of the western terminus of Monte Cresta Drive. The zoning for the site would allow one single-family dwelling. The owner of the adjoining parcel to the east is in the process of obtaining approvals to extend Monte Cresta Drive and utilities in order to develop that site. The comparable was acquired by a contractor who reportedly intends to develop the parcel upon extension of the roadway and utilities by the adjoining owner. Max Reinhardt, Listing Agent Lily Wu, Buyer's Agent 471 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 48 Comparable Land Sale Parcel Map – RL-06 472 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 49 Comparable Land Sale Aerial Photograph – RL-06 473 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 50 Sales Data Analysis Adjustments are made to the comparable sale prices for the differences in the properties as they compare to the subject. A number of adjustments for the analysis of the comparable data have been considered in relation to the subject property. The comparable data has been adjusted for inferior and superior characteristics. For Example: where a comparable had an inferior characteristic, a positive (+) adjustment to the comparable was made. Where the comparable had a superior characteristic, a negative (-) adjustment was made to the comparable. Adjustments were made sequentially for property rights conveyed, financing terms, conditions of sale, expenditures incurred by the buyer immediately after the sale, and market conditions at the time of sale. Adjustments for location characteristics, physical characteristics, use and non-realty components of value are subsequently added and applied. Property Rights Conveyed: Each comparable sale involved the conveyance of the fee simple interest. Since the subject’s fee simple interest is being appraised, no adjustments are made for this factor. Financing terms: Each comparable sale involved cash to the seller or conventional financing. Therefore, no adjustments are made for this factor. Conditions of Sale: Comparable RL-02 was acquired by the adjoining property owner, who had atypical motivation to acquire the site for assembly with adjacent lands to create the potential of an additional dwelling unit. Comparable RL-05 was acquired by the owner of adjacent parcels as well, and this parcel was needed for access to the assembled sites. Downward adjustments are applied to each of these two sales for this factor. Each of the remaining comparable sales appears to have been an arm’s length transaction. No other adjustments are necessary for this factor. Expenditures Incurred Immediately After Purchase: None of the comparables required additional expenses to be paid by the buyer after the purchase. Change in Market Conditions: The comparable sales used occurred between December 2019 and March 2023. Comparables RL-04 through RL-06, which sold in 2019 and 2020, warrant upward consideration for having sold during inferior market conditions. Comparables RL-01 through RL-03 sold within recent months and do not need adjustments for this factor. Location: The subject property is located in South San Francisco, in the Sign Hill neighborhood. Comparable RL-01 occupies a superior location in San Carlos, and Comparables RL-04 through RL-06 sold in superior locations in Belmont, all of which have higher median home sale prices. Downward adjustments are applied for this factor. Comparables RL-02 and RL-03 have effectively similar locations in Pacifica, and no further adjustments are warranted. Size: The subject property consists of 0.59 acre, or 25,763 square feet. Comparables RL-01, RL-03, RL-05, and RL-06 are smaller and necessitate upward consideration, while Comparables RL-02 and RL-04 and larger and warrant downward adjustments. 474 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 51 Land Use (Zoning/General Plan): Based on the subject’s minimum lot size, the site could accommodate up to five dwelling units. All of the comparable sales would allow development at lower intensity and warrant upward adjustments, to varying degrees. Site Utility/Constraints: The subject property has an irregular shape and sloping, irregular topography. Comparables RL-01, RL-02 and RL-04 through RL-06 have inferior site utility and receive positive adjustments. Comparable RL-03 is rectangular and only gently-sloping in topography, resulting in a downward adjustment. Contributory Value of Existing Improvements & Utilities: The subject property is vacant, and utilities would need to be extended from Spruce Avenue to accommodate development. Comparables RL-01, RL-02, and RL-04 would need utilities to be extended a further distance to accommodate development, necessitating positive adjustments to each. No further adjustments are needed for this factor. Access: The subject property does not have roadway access, and its development would be predicated on extension of a driveway approximately 205 linear feet (scaled) from Spruce Avenue. Like with the utilities, Comparables RL-01, RL-02, and RL-04 would need roadway infrastructure to be extended a further distance to accommodate development, necessitating positive adjustments to each. Comparable RL-05 is located at the end of a developed roadway. Accordingly, a downward adjustment is applied. No further adjustments are needed for this factor. Entitlements: All of the comparable sales were of existing, subdivided, legal lots. The subject property would need to be subdivided into its own separate legal lot to accommodate its sale and potential development, and all of the sales are adjusted downward for this factor. The following table summarizes the adjustments made to each comparable. Bold text connotates a more substantial adjustment. RL-01 RL-02 RL-03 RL-04 RL-05 RL-06 North of Camborne Ave., West of Club Dr. Approx. 450 Feet North of Rockaway Beach Ave. East of Scenic Way, South of Brighton Rd. North of Hillcrest Dr. South Terminus Alhambra Dr West of Terminus of Monte Cresta Dr, North of Alhambra DSan Carlos, CA Pacifica, CA Pacifica, CA Belmont, CA Belmont, CA Belmont, CA Sale Date Mar-23 Mar-23 Jan-23 May-20 Dec-19 Dec-19 Sales Price $120,000 $90,000 $275,000 $110,000 $100,000 $220,000 Parcel Size (Acres)0.18 3.63 0.21 1.52 0.40 0.38 Property Rights Conveyed ØØØØØØ Financing Terms ØØØØØØ Conditions of Sale Ø Negative ØØNegative Ø Expenditures After Purchase ØØØØØØ Market Conditions (Time)ØØØPositive Positive Positive Location Negative ØØNegative Negative Negative Size Positive Negative Positive Negative Positive Positive Land Use (Zoning / General Plan)Positive Positive Positive Positive Positive Positive Site Utility / Constraints Positive Positive Negative Positive Positive Positive Contributory Improvements & Utilities Positive Positive Ø Positive ØØ Access Positive Positive Ø Positive Negative Ø Entitlements Negative Negative Negative Negative Negative Negative Net Adjustment Substantially Positive Substantially Positive Negative Substantially Positive Substantially Positive Positive Comparable 475 City of South San Francisco Potential acquisition of a portion of 701 Spruce Avenue APN: 012-131-040 – Zhang 52 Valuation Conclusion Before adjustments, the comparable sales range widely from $90,000 to $275,000, which reflects a wide range of the willingness of the respective buyers to assume risk. However, after adjustments, the comparable sales indicate a bracketed value range between $220,000, as indicated by Comparable RL-06, and $275,000, as indicated by Comparable RL-03. Comparable RL-03 is the most heavily emphasized sale. It occupies a similar location and represents a recent sale of a landlocked lot with effectively similar access to roadway infrastructure and utilities. Although it is smaller in size and had inferior zoning, its superior site utility and existence as a legal, subdivided lot result in an overall net negative adjustment. Comparable RL-06 sold during inferior market conditions and had inferior zoning and site utility. Although it occupies a superior location and exists as a legal, subdivided lot, overall, it is judged to indicate a value for the subject higher than its sale price of $220,000. The other sales were deemed to be significantly inferior to the subject and warranted substantial upward consideration relative to their sale prices. In view of the preceding analysis, the subject property is concluded to have a value slightly above the mid-point of the bracketed range, or $250,000 . 476 ADDENDA 477 APPRAISER QUALIFICATIONS 478 ERIK WOODHOUSE, MAI, R/W-AC Industry experience since 2003 Current Responsibilities Erik A.T. Woodhouse joined Associated Right of Way Services, Inc., in 2012, and currently serves as a Real Estate Appraiser, performing appraisals for full and partial acquisitions assignments on improved and unimproved properties for public improvement projects. The scope of his work includes commercial, industrial, and multi-family residential properties for transportation and utility improvement projects. All work is performed in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, Uniform Standards of Professional Appraisal Practice, Caltrans standards, and state and federal guidelines. Mr. Woodhouse is experienced in appraising an extensive assortment of real estate types, and earned his distinguished MAI designation conferred by the Appraisal Institute by completing a rigorous program of course work, written exams, appraisal projects, and narrative report presentations. Prior Experience Prior to joining the AR/WS team, Mr. Woodhouse was employed by Petersen LaChance Regan Pino (Boston, MA) as a Contract Associate Appraiser. He was responsible for research and preparation of appraisal reports for a variety of commercial, residential, industrial, and special purpose property types. He also conducted appraisals for underwriting, portfolio analysis, and litigation purposes. Prior to his work with Petersen, Mr. Woodhouse was a Senior Real Estate Appraiser with Burchard & Rinehart (Walnut Creek, CA) where his appraisal experience covered commercial, residential, and agricultural land, as well as improved retail, office, industrial, multi-family residential, marina, hotel, and agricultural properties. He conducted complex real estate appraisals of land and income producing properties (primarily eminent domain acquisition); performed client consultation, market research, highest and best use analysis, comparable data research and verification, valuation conclusions, and analysis of severance damages and benefits; and assisted in preparation of appraisal reports and exhibits for expert witness testimony in deposition and court trial. Education Connecticut College (New London, CT), B.A., Economics and German, cum laude Connecticut College, International Studies Certificate, International Studies / Liberal Arts Institute of European Studies (Humboldt University), Berlin, Germany Mr. Woodhouse continues his education to maintain the MAI designation through the Appraisal Institute; and continuing education in matters of real property appraisal, acquisition, relocation, engineering, and law through the International Right of Way Association and other professional organizations to broaden scope of knowledge and provide higher levels of service. Appraisal Institute MAI Designation, No. 446913 Member, R/W-AC, Appraisal Certified, International Right of Way Association State of California Certified General Real Estate Appraiser, No. AG034630 Appraisal Institute, Northern California Chapter, 2013-2015 and 2017-present Member, Board of Directors, 2015-2018 Courses Chair, 2018 Spring Litigation Conference Chair Conversant in Danish and German 479 ERIK WOODHOUSE, MAI, R/W-AC Related Coursework: The Appraisal Institute Real Estate Appraisal Principles, Real Estate Appraisal Procedures, Uniform Standards of Professional Appraisal Practice (USPAP), Business Practices and Ethics, Basic Income Capitalization, Advanced Income Capitalization, Advanced Market Analysis & Highest and Best Use, Advanced Sales Comparison and Cost Approaches, Report Writing and Valuation Analysis, Advanced Applications, Introduction to Valuing Green Buildings, Spring Litigation Conference, Condemnation Appraising, The Appraiser as an Expert Witness, Litigation Appraising Successfully completed the Appraisal Institute’s Litigation Professional Development Program IRWA Principles of Real Estate Engineering, Appraisal of Partial Acquisitions, Ethics and the Right of Way Profession National Highway Institute Real Estate Acquisition Under the Uniform Act: An Overview College Real Estate Principles, Microeconomics, Macroeconomics, Sociology, Statistics Other USPAP Continuing Education, Toastmasters International 480 701 Spruce Ave Parcel Acquisition City Council 10/23/24 (PWFSONFOU$PEF4FDUJPO 4# *UFN"HFOEB3&($$ *UFN 481 Overview 1. Background •Existing trailhead and trail history •Disagreement over access 2. Proposal for parcel acquisition •Seller has offered to sell parcel to City •Parcel map redrawn to deed trailhead and upper trail to City 3. Evaluation and Offer •Appraised value v.s. value for access preservation •Draft Purchase and Sale Agreement and next steps 2 482 3 483 701 Spruce Avenue Background •Current owner since 2018; Previous owner since 1950’s •Erroneous assumption that trailhead / trail on City property •Disagreement over public access between 701 Spruce Ave current owner and City 4 701 Spruce Ave SSF Property – 704 Spruce Ave Existing Trail 484 Acquisition Proposal •Current owner offered appraised value of $820,000 for largeparcelcapturingtrail •City countered with reduced parcel size to capture JUST the trailhead and upper trail at reduced price •Tentative agreement at $600,000 to acquire trail and portion of land from 701 Spruce Ave •Funds from Parks and Rec Acquisition Impact Fee 5 701 Spruce Ave Property after LLA Proposed Acquisitionto 704SpruceAve Upper trail / trailhead relocated to City Property 485 Evaluation and Offer City Appraisal - $250K •May 2023 appraisal by AR/WS •Could be developed with up to 5 units but topo limits options •Comps values at $90k-$275k •Valued at $250,000 Seller Appraisal - $820K •City has legal right to lower trail •Upper trail access could be closed to public with court action •What is value of acquisition parcel and preservation of trailhead and upper trail? •City offered $600,000 as last and best offer to preserve access 6 486 Draft Purchase and Sale Agreement 1. SSF to pay $600K at close of escrow •Trail remains as-is and City parcel at 704 Spruce Avenue incorporates upper trail and trailhead from 701 Spruce Avenue 2. SSF to complete Phase I ESA •Environmental testing during escrow to ensure no major contamination 3. Seller completes parcel map and lot line adjustment •Escrow closes 30 days after parcel map completed or •180 days from execution of PSA 7 487 Potential Council Action Tonight 1. Approve resolution authorizing Purchase and Sale Agreement and City Manager execution; or 2. Provide further direction to staff for next steps. 8 488 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1069 Agenda Date:10/23/2024 Version:1 Item #:12a. Resolution approving Budget Amendment Number 25.025 appropriating $600,000 of available fund balance from the Park Land Acquisition Fee Fund (Fund 805) to acquire and maintain the real property created from 701 Spruce Avenue (APN 012-131-040) to preserve a public access trail and authorizing the City Manager to enter into a Purchase and Sale Agreement with Tianyi Zhang. WHEREAS, the owner of 701 Spruce Avenue recently approached the City with interest in selling a portion of their parcel that contains a trailhead to Sign Hill Park and portion of upper trail regularly accessed by the public (the “Property”); and WHEREAS, the Seller of the Property, Tianyi Zhang, has held the property since 2018; and WHEREAS, the Seller has informed the City they were not previously informed during their purchase that the trailhead and a portion of the trail accessing Sign Hill from Spruce Avenue was in fact located with the property boundaries of 701 Spruce Avenue and not entirely on adjacent City controlled property; and WHEREAS, the City controls the property at 704 Spruce Avenue (APN 012-124-200), which is directly adjacent and south of 701 Spruce Avenue; and WHEREAS, the Seller has at times disputed the public’s right to access the trailhead and trail, which meanders between 704 Spruce Avenue and the Seller’s property boundaries at 701 Spruce Avenue; and WHEREAS, the regular public access of both the trailhead and trail ascending Sign Hill have caused intermittent challenges for the Seller including noise, illegal dumping, debris, and wildfire risk; and WHEREAS, the City, and particularly the Park and Recreation Department, has a vested interest in preserving the trailhead and trail access to Sign Hill as this is consistent with the General Plan’s vision for open space and recreation access; and WHEREAS, currently, the Property remains in its mostly natural state as a natural access trail and the trailhead contains signage, refuse collection, and simple stairs, all maintained by the Parks and Recreation Department City of South San Francisco Printed on 11/14/2024Page 1 of 3 powered by Legistar™489 File #:24-1069 Agenda Date:10/23/2024 Version:1 Item #:12a. and used regularly by the public for at least the last thirty years; and WHEREAS, after consideration, Council directed staff to study the Property for potential acquisition to preserve public access; and WHEREAS, after completion of assessments and an appraisal, Council directed staff to negotiate the purchase of the Property; and WHEREAS, Tianyi Zhang, accepted the City’s best and final offer of $600,000 for the Property preserving the trailhead and entire trail for public access and agreed to the City’s terms of the sale; and WHEREAS, the Seller would complete a lot line adjustment to transfer the Property to the City’s property at 704 Spruce Avenue; and WHEREAS, staff estimates some minor annual maintenance time for continued upkeep of the trail, refuse collection, and annual tree trimming that would need to be absorbed by existing staff time and Parks and Recreation Department budget; and WHEREAS, a Purchase and Sale Agreement has been negotiated substantially in the form of the attached Exhibit A; and WHEREAS, the Properties will be acquired using available fund balance from the City’s Parks and Recreation Acquisition Impact Fee fund to acquire and maintain the real property, which is dedicated to funding acquisition of land for open space and public amenities; and WHEREAS, acquisition of the Property is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301, which applies to operation and maintenance of existing facilities and structures. If the City Council decides to undertake a project on the property in the future, it will undertake environmental review under CEQA at the earliest feasible time. City of South San Francisco Printed on 11/14/2024Page 2 of 3 powered by Legistar™490 File #:24-1069 Agenda Date:10/23/2024 Version:1 Item #:12a. NOW THEREFORE IT BE RESOLVED that the City Council of the City of South San Francisco does hereby take the following actions: (1) Finds and determines that the recitals are true and correct; and (2) Authorizes the City Manager to enter into and execute the Purchase and Sale Agreement between the City of South San Francisco and Tianyi Zhang for the acquisition of real property created out of the existing parcel at 701 Spruce Avenue (APN 012-131-040) located in South San Francisco to be deeded to the City and combined with 704 Spruce Avenue (APN 012-124-200) on behalf of the City, in substantially the same form as attached hereto as Exhibit A, and any other documents necessary to effectuate the intent of this Resolution, all subject to approval as to form by the City Attorney. As a result of completed negotiations with the Seller, the City Manager is further authorized to make any revisions, amendments, or modifications, subject to review and approval of City Attorney, deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; and (3) Approves Budget Amendment Number 25.025 appropriating $600,000 of available fund balance from the Park Land Acquisition Fee Fund (Fund 805) for the acquisition and initial maintenance of the Property. Exhibit A: DRAFT Purchase and Sale Agreement Exhibit B: DRAFT Acquisition Parcel attached for reference only - Final to be included in Final PSA ***** City of South San Francisco Printed on 11/14/2024Page 3 of 3 powered by Legistar™491 1 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is entered into as of ___________, 2024 (the “Effective Date”), by and between the CITY OF SOUTH SAN FRANCISCO, a California municipal corporation (“Purchaser”), and [TIANYI ZHANG] (“Seller”). Seller and Purchaser are individually referred to herein as a “Party,” and collectively referred to herein as the “Parties.” RECITALS A. Seller is the owner of a parcel of real property located at 701 Spruce Avenue, South San Francisco, California, designated as APN No. 012-131-040 (the “Current Parcel”). The Current Parcel is approximately 40,974 square feet in size. The Current Parcel is improved with a single family home, and a portion of the Current Parcel is used as a hiking trail (the “Trail”). The Current Parcel is more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. B. Purchaser desires to acquire from Seller an approximately ______ square foot portion of the Current Parcel which includes a portion of the Trail. The Parties desire for Seller to subdivide the Current Parcel into two parcels, one of which would include the Trail (the “Acquisition Parcel”), and the other of which would include the remainder of the Current Parcel (the “Remainder Parcel”). The approximate boundaries of the Acquisition Parcel and Remainder Parcel are shown on the Parcel Map attached hereto as Exhibit “B” and incorporated herein by this reference. The Parties desire to establish the Acquisition Parcel as a separate legal parcel and thereupon for Seller to sell the Acquisition Parcel to Purchaser, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Seller and Purchaser hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement. 2. PURCHASE AND SALE 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller hereby agrees to sell the Acquisition Parcel to Purchaser, and Purchaser hereby agrees to purchase the Acquisition Parcel from Seller. The Acquisition Parcel shall include all of Seller’s right, title and interest in and to all rights, privileges, tenements, hereditaments, rights-of- way, easements, licenses, appurtenances, mineral rights, development rights, permits, approvals, air rights, and water and riparian rights belonging or appertaining to the Acquisition Parcel or any improvements thereon. 492 2 2.2 Purchase Price. The purchase price for the Acquisition Parcel to be paid by Purchaser to Seller (the “Purchase Price”) is Six Hundred Thousand Dollars ($600,000). The Purchase Price will be paid in immediately available funds to Seller on the Outside Closing Date (defined below) through the Escrow. 2.3 Subdivision of Current Parcel. Seller shall, at Seller’s sole cost and expense, prepare all plans and drawings, make all applications and take all actions necessary for City of South San Francisco (“City”) approval of a parcel map, lot line adjustment or similar action as necessary to divide the Current Parcel into the Acquisition Parcel and the Remainder Parcel. Purchaser agrees to waive or pay all City application and processing fees that would normally be charged for the subdivision of the Current Parcel by parcel map, lot line adjustment or similar action. City’s approval of the subdivision of the Current Parcel is a condition precedent to Closing. 3. ESCROW 3.1 Escrow Account. The Parties shall open an escrow account (the “Escrow”) with __________________ Title Insurance Company (the “Escrow Holder”). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 3.2 Deposit of Agreement. Within three (3) days after the Effective Date, the Parties will deposit into Escrow a fully executed copy of this Agreement, or executed counterparts thereto. 4. DUE DILIGENCE AND PRE-CLOSING REQUIREMENTS 4.1 Condition of Title/Preliminary Report. In connection with the subdivision of the Current Parcel, _________________ Title Insurance Company (the “Title Agent”) shall deliver to Purchaser a Preliminary Report for the Acquisition Parcel (the “Preliminary Report”). Purchaser shall have thirty (30) days after receipt to approve the Preliminary Report in writing (the “Purchaser Title Notice”), provided that Seller shall cause all existing deeds of trust, mechanic’s liens and other financial liens and encumbrances to be released and removed from title to the Acquisition Parcel concurrently with or prior to the Closing. If there are any changes to the Preliminary Report prior to Closing, Purchaser shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. The exceptions to the Preliminary Report that are not disapproved by Purchaser in the Purchaser Title Notice are referred to herein as the “Permitted Exceptions.” 4.2 Due Diligence Contingency Period. Purchaser will have _________ (__) days from the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of the Acquisition Parcel and due diligence related to the purchase of the Acquisition Parcel. 4.3 Seller Delivery of Due Diligence Materials. Within five (5) days after the Effective Date, Seller shall provide to Purchaser copies of all plans, studies, records, reports, governmental notices and approvals, and other written materials related to the use, occupancy or condition of the Acquisition Parcel that Seller has in its possession, including without limitation environmental, geotechnical, engineering and land surveys, if any. 493 3 4.4 Natural Hazard Disclosure. Purchaser and Seller acknowledge that Seller is required to disclose if any of the Acquisition Parcel lies within the following natural hazard areas or zones: (i) a special flood hazard area designated by the Federal Emergency Management Agency; (ii) an area of potential flooding; (iii) a very high fire hazard severity zone; (iv) a wild land area that may contain substantial forest fire risks and hazards; (v) an earthquake fault or special studies zone; or (vi) a seismic hazard zone. Purchaser acknowledges that Seller intends to employ the services of an independent natural hazard disclosure company to examine the maps and other information specifically made available to the public by government agencies and to report the results of its examination to Purchaser in writing. 4.5 Inspection of Acquisition Parcel. During the Due Diligence Contingency Period, Purchaser, its agents, contractors and employees shall have the right to enter upon the Acquisition Parcel for the purpose of making inspections, surveying the Acquisition Parcel, and to perform Phase I and Phase II environmental site analyses, geotechnical tests, structural engineering studies, surveys and other physical testing of the Acquisition Parcel at Purchaser’s sole risk, cost and expense. All of such entries upon the Acquisition Parcel shall be at reasonable times during normal business hours and after at least twenty-four (24) hours’ prior notice to Seller, and Seller or Seller’s agent shall have the right to accompany Purchaser during any activities performed by Purchaser on the Acquisition Parcel. At Seller’s request, Purchaser shall provide Seller with a copy of the results of any tests and inspections made by Purchaser, at no cost to Seller. If any inspection or test disturbs the Acquisition Parcel, Purchaser will restore the Acquisition Parcel to the substantially the same condition as existed before the inspection or test. Purchaser shall defend, indemnify and hold Seller and the Acquisition Parcel harmless from and against any and all losses, costs, damages, claims or liabilities, including but not limited to, mechanic’s and materialmen’s liens, arising out of or in connection with Purchaser’s inspection of the Acquisition Parcel as allowed pursuant to this Section 4.5. The provisions of this Section 4.5 shall survive the Closing or any earlier termination of this Agreement. 4.6 Satisfaction of Due Diligence Contingency. Purchaser shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason, or no reason, until the expiration of the Due Diligence Contingency Period. If Purchaser elects to terminate this Agreement, Purchaser shall provide written notice to Seller prior to the expiration of the Due Diligence Contingency Period of Purchaser’s election to terminate the Agreement. Upon provision of such notice to Seller, this Agreement will terminate, and all amounts deposited by Purchaser into Escrow will be returned to Purchaser, and neither Party will have any further rights or obligations hereunder except those which expressly survive the termination of this Agreement. 5. CLOSING AND PAYMENT OF PURCHASE PRICE 5.1 Closing. The closing (“Closing” or “Close of Escrow”) will occur no later than thirty (30) days after the recordation of the parcel map that creates the Acquisition Parcel or [one hundred eighty (180) days from the Effective Date], whichever occurs first (“Outside Closing Date”). In the event that Closing has not occurred on or prior to the Outside Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. As long as neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any such termination of this Agreement, neither Party shall have any further rights or obligations 494 4 hereunder, except for the rights and obligations expressly provided to survive termination of this Agreement. 5.2 Purchaser’s Conditions to Closing. Purchaser's obligation to purchase the Acquisition Parcel is subject to the satisfaction of all of the following conditions or Purchaser's written waiver (in Purchaser’s sole discretion) of such conditions on or before the Outside Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by Purchaser of its rights under this Agreement to terminate this Agreement. (b) Seller has deposited into the Escrow a fully executed “Grant Deed” in the form of Exhibit “C” hereof, a “Non-Foreign Affidavit” (as defined in Section 5.5(a) below), a “California Certificate” (as defined in Section 5.5(a) below), and all other documents to be submitted by Seller pursuant to this Agreement, all duly executed by Seller (as appropriate). (c) The lot line adjustment, parcel map or other action for the subdivision of the Acquisition Parcel as required pursuant to Section 2.4 hereof has been duly approved and recorded in the official records of the County of San Mateo. (d) Seller's representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) Seller shall have removed all of Purchaser’s objections to title as required pursuant to Section 5.4 hereof, and the Title Company shall be irrevocably committed to issue a CLTA or ALTA Owner’s Title Policy to Purchaser, together with any endorsements requested by Purchaser, effective as of the Closing Date, insuring title to Purchaser in the full amount of the Purchase Price subject only to the Permitted Exceptions. (f) Seller has performed all obligations to be performed by Seller pursuant to this Agreement, and Seller is not in Default as of the Closing Date. (g) Possession of the Acquisition Parcel will be delivered to Purchaser immediately upon the Close of Escrow. (h) There shall be no litigation or administrative proceeding pending or threatened with respect to the Acquisition Parcel as of the Closing, nor any moratoria which would adversely impact the use or value of the Acquisition Parcel. 5.3 Seller’s Conditions to Closing. The Close of Escrow and Seller's obligation to sell and convey the Acquisition Parcel to Purchaser are subject to the satisfaction of the following conditions or Seller's written waiver (in Seller’s sole discretion) of such conditions on or before the Outside Closing Date: (a) Purchaser has deposited into the Escrow the full amount of the Purchase Price, and all other costs required by this Agreement to be paid by Purchaser. 495 5 (b) Purchaser has deposited into the Escrow a fully executed Acceptance of Grant Deed, and all other documents to be submitted by Purchaser pursuant to this Agreement, all duly executed by Purchaser (as appropriate). (c) Purchaser's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) Purchaser has performed all obligations to be performed by Purchaser pursuant to this Agreement on or before the Closing Date. 5.4 Conveyance of Title. Seller shall deliver fee simple title to the Acquisition Parcel to Purchaser at the Closing, subject only to the Permitted Exceptions. The Acquisition Parcel shall be conveyed by Seller to Purchaser in an “as is” condition, with no warranty, express or implied, by Seller as to the physical condition of the Acquisition Parcel including, but not limited to, the soil, its geology, or the presence of known or unknown faults or Hazardous Substances on, in, under and adjacent to the Acquisition Parcel, the air, soil, and groundwater. 5.5 Deliveries at Closing. (a) Deliveries by Seller. Seller shall deposit into the Escrow for delivery to Purchaser at Closing: (i) a grant deed, substantially in the form of Exhibit “C” attached hereto and incorporated herein (the “Grant Deed”); (ii) an affidavit or qualifying statement which satisfies the requirements of paragraph 1445 of the Internal Revenue Code of 1986, as amended, and any regulations thereunder (the “Non-Foreign Affidavit”); and (iii) a California Franchise Tax Board Form 590 to satisfy the requirements of California Revenue and Taxation Code Sections 18805(b) and 26131 (the “California Certificate”). (b) Deliveries by Purchaser. No less than one (1) business day prior to the Close of Escrow, Purchaser shall deposit into Escrow (i) the acceptance of the Grant Deed, and (ii) immediately available funds in the amount which is equal to the Purchase Price, the Escrow fees and recording fees, and the cost of the Title Policy and endorsements. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed; (ii) disburse to Seller the Purchase Price; (iii) deliver to Purchaser the Non-Foreign Affidavit, the California Certificate, and a conformed copy of the original recorded Grant Deed; (iv) pay any expenses payable through Escrow; (v) distribute to itself the payment of Escrow fees and expenses required hereunder, and (vi) direct the Title Company to issue the Title Policy to Purchaser. (d) Closing Costs. (i) Seller will pay: (1) All costs associated with removing any title exceptions which are disapproved by Purchaser; (2) All costs of Seller’s attorneys’ fees; and 496 6 (3) Seller’s property taxes and assessments, if applicable. (ii) Purchaser will pay: (1) All Escrow fees, recording fees (if any), and all documentary transfer taxes (if any); and (2) The cost of the Owner’s Policy of Title Insurance and the cost of any title endorsements which are requested by the Purchaser. If, as a result of no fault of Purchaser or Seller, Escrow fails to close, Purchaser shall pay all of Escrow Holder's fees and charges; however, if the transaction fails to close as the result of the default of either party, then such defaulting party shall bear all Escrow Holder's fees and expenses. Purchaser shall bear all costs associated with its due diligence inspections regarding the Acquisition Parcel. All other costs and expenses shall be allocated between Purchaser and Seller in accordance with the customary practice of the County of San Mateo for transactions of this type. (e) Proration of Taxes. At the Close of Escrow, Seller shall be responsible for a prorated share of property taxes and assessments due through the Close of Escrow. In the event that, prior to the Close of Escrow, Seller has paid the installment of property taxes and assessments applicable to the current period, there shall be no proration of property taxes and assessments, and Seller shall be responsible for applying for a refund of any overpayment of property taxes and assessments as a result of the acquisition of the Acquisition Parcel by a public agency. In the event any real property taxes are due and unpaid at the Close of Escrow for any periods prior to the Close of Escrow, Escrow Holder is hereby authorized and instructed to pay such taxes from proceeds due the Seller at the Close of Escrow. At the Close of Escrow, the Purchaser will file a Preliminary Change of Ownership Report and any necessary documentation with the County Assessor-County Clerk-Recorder for the property tax exemption, and shall be responsible for coordinating with Escrow Holder for the payment of any periods occurring from and after the Close of Escrow (if any are due or payable). Seller shall have the right, after Close of Escrow, to apply for a refund to the County Tax Collector/Assessor outside of Escrow for any overpayments, and if eligible, to receive such refund. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS 6.1 Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Seller contained in other sections of this Agreement, Seller hereby represents, warrants and covenants to Purchaser that the statements below in this Section 6.1 are each true and correct as of the Closing Date provided however, if to Seller’s actual knowledge any such statement becomes untrue prior to Closing, Seller will notify Purchaser in writing and Purchaser will have ten (10) days thereafter to determine if Purchaser wishes to proceed with Closing. (a) Authority. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Purchaser is a valid and binding agreement of Seller. 497 7 All the instruments, agreements and other documents executed by Seller that are to be delivered to Purchaser at Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, and will be the valid and binding agreements and obligations of Seller enforceable in accordance with their respective terms. (b) Encumbrances. Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Acquisition Parcel or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Acquisition Parcel, except ______________________________________. Seller will be responsible for obtaining any required release or reconveyance of such encumbrance prior to the Closing. Seller will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Acquisition Parcel or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force. (c) Other Agreements. There are no agreements affecting the Acquisition Parcel except those which have been disclosed by Seller to Purchaser. There are no agreements which will be binding on the Purchaser or the Acquisition Parcel after the Close of Escrow which cannot be terminated on thirty (30) days prior written notice. (d) Leases. Between the Effective Date and the earlier of the Closing or the termination of this Agreement, Seller shall not enter into any new leases and Seller shall terminate any existing leases of any portion of the Acquisition Parcel. (e) Title. Except as disclosed herein, and in the Preliminary Report, Seller has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Acquisition Parcel owned or claimed by anyone other than Seller. (f) Litigation. There is no pending, or, to Seller’s actual knowledge, threatened litigation, administrative proceeding or other legal or governmental action with respect to the Acquisition Parcel. (g) Disclosure. Seller has disclosed all material facts with respect to the Acquisition Parcel of which Seller has actual knowledge. (h) Non-Foreign Person. Seller is not a foreign person as defined in Internal Revenue Code section 1445(f)(3). (i) Acknowledgement of Trail Activities and Release. Seller understands and acknowledges that the Trail is currently used by the public, and will be used by the public in the future, as part of the network of trails in the Sign Hill open space area of the City. Seller understands and acknowledges that the Purchaser has represented to Seller that Purchaser may make further improvements to the Trail upon Purchaser’s acquisition of the Acquisition Parcel, and that Purchaser will promote and encourage public use of the Trail. Upon and after Purchaser’s acquisition of the Acquisition Parcel, Seller agrees not to challenge Purchaser’s right to construct improvements upon the Trail, maintain the Trail, and facilitate and encourage public use of the Trail. Upon and after Purchaser’s acquisition of the Acquisition Parcel, Seller hereby releases, acquits and forever discharges the City and its officers, employees and agents from any 498 8 and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, arising from the Trail, past and future public use of the Trail, past and future City construction of improvements on the Trail, and past and future City maintenance activities on the Trail, including without limitation any claims for takings, inverse condemnation, trespass, public and private nuisance. Seller makes no representations to Purchaser herein with respect to whether the City or any members of the public have any prescriptive easements, adverse possession rights, or any other real property or other legal rights to or over the Trail, rights to use or access the Trail, or any other matters with respect to legal rights to or over the Trail. Seller’s obligations pursuant to this paragraph (i) shall remain in effect after the Closing. Seller understands and agrees that, with respect to the release provided in this Section 6.1(i), Seller waives all rights under Section 1542 of the Civil Code of California, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ______________ _______________ Seller’s Initials Seller’s Initials The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Purchaser’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or Close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 Purchaser’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Purchaser contained in other sections of this Agreement, Purchaser hereby represents, warrants and covenants to Seller that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to Purchaser’s actual knowledge any such statement becomes untrue prior to Closing, Purchaser shall so notify Seller in writing and Seller shall have ten (10) days thereafter to determine if Seller wishes to proceed with Closing. (a) Purchaser is a California city and municipal corporation, in good standing under the laws of the State of California. Purchaser has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Purchaser, and upon delivery to and execution by Seller shall be a valid and binding agreement of Purchaser. (b) Purchaser is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. 499 9 (c) Purchaser agrees to take all actions necessary to terminate any easement the City has over the Remaining Parcel for future street purposes, as shown on the Sterling Terrace No. 3 Map recorded approximately August 1949. Purchaser’s obligations pursuant to this paragraph (c) shall remain in effect after the Closing. (d) Purchaser agrees to cooperate with and assist Seller in Seller’s efforts to terminate, modify, or be released from the water easement in favor of the City of San Francisco which encumbers the Remaining Parcel, as recorded September 26, 1935, provided that Purchaser shall not be obligated to make any monetary payments in connection therewith. Purchaser’s obligations pursuant to this paragraph (d) shall remain in effect after the Closing. (e) Upon and after the Closing, Purchaser shall be responsible for any construction or reconstruction of improvements to the Trail which are desired by Purchaser, and for ongoing maintenance of the Trail, at the sole expense of Purchaser. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Purchaser contained in this Agreement are conditions precedent to Seller’s obligation to proceed with the Closing hereunder. 7. ENVIRONMENTAL OBLIGATIONS 7.1 Seller Responsibilities. California Health & Safety Code Section 25359.7 requires owners of real property who know, or have reasonable cause to believe, that any release of Hazardous Substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Seller to provide certain disclosures regarding natural hazards affecting the Acquisition Parcel. Seller shall disclose to Purchaser the actual knowledge Seller has with respect to the deposit of Hazardous Substances on the Acquisition Parcel, if any. Seller agrees to make all disclosures required by law within ten (10) days after the Effective Date. Seller's responsibility and obligations of this section are solely limited to Seller's knowledge of, or Seller's reasonable cause to believe, Hazardous Substances that have been stored upon or released upon or under the Acquisition Parcel. 7.2 As Is Sale. Notwithstanding anything to the contrary in this Agreement, except for Seller’s representations and warranties in Section 6.1 hereof (“Seller’s Warranties”), this sale is made and will be made without representation, covenant, or warranty of any kind by Seller. As a material part of the consideration for this Agreement, Purchaser agrees to accept the Acquisition Parcel on an “as is” and “where is” basis, with all faults, and without any representation or warranty, all of which Seller hereby disclaims, except for Seller’s Warranties. Except for Seller’s Warranties, no warranty or representation is made by Seller as to fitness for any particular purpose, merchantability, design, quality, condition, operation or income, compliance with drawings or specifications, absence of defects, absence of hazardous or toxic substances, hazardous materials, hazardous wastes, absence of faults, flooding, or compliance with laws and regulations including, without limitation, those relating to health, safety, and the environment. Purchaser acknowledges that it has entered into this Agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic use, compliance, and legal condition of the Acquisition Parcel and that Purchaser is not now relying, and will not later rely, upon any representations and warranties made by Seller or anyone acting 500 10 or claiming to act, by, through or under or on Seller’s behalf concerning the Acquisition Parcel, except for Seller’s Warranties, Seller’s representations and warranties set forth in Section 6.1 hereof, and any other representations and warranties of Seller set forth in this Agreement. The provisions of this Section 7.2 shall survive indefinitely any closing or termination of this Agreement. 7.3 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” means all of the following: (a) Any substance, product, waste or other material of any nature whatsoever which is or becomes defined, listed or regulated as a “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic substance”, “solid waste” or similarly defined substance, product, waste or other material pursuant to any Environmental Law (which Environmental Law shall include any and all regulations in the Code of Federal Regulations or any other regulations implemented under the authority of such Environmental Law), including all of the following and their state equivalents or implementing laws: (i) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq. (“CERCLA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et. seq.; (iii) those substances listed on the United States Department of Transportation Table (49 C.F.R. 172.01 and amendments thereto); (iv) The Resource Conservation and Recovery Act, 42 U.S.C. §6901 et. seq. (“RCRA”); (v) the Toxic Substances Control Act, 15 U.S.C. §2601 et. seq.; (vi) the Clean Water Act, 33 U.S.C. §1251 et. seq.; (vii) the Clean Air Act, 42 U.S.C. §7401 et. seq.; and (viii) any other Federal, state or local law, regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; or any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above laws or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or Federal court. (b) Any Environmental Law, petroleum, any petroleum by-products, waste oil, crude oil or natural gas; (c) Any material, waste or substance that is or contains asbestos or polychlorinated biphenyls, or is radioactive, flammable or explosive; (d) Lead based paint and other forms of lead and heavy metals, mold, grease tanks, waste storage areas, batteries, light bulbs, refrigerators, freezers, appliances, heating and cooling systems, thermostats, electronic devices, electrical switches, gauges, thermometers, aerosol cans, cleaning products, formaldehyde, polyurethane, pressure treated wood containing arsenic, and building materials containing PCBs or volatile organic compounds, and (e) Any other substance, product, waste or material defined or to be treated or handled as a Hazardous Substance pursuant to the provisions of this Agreement. 7.4 Environmental Law(s). For purposes of this Agreement, “Environmental Law” means all of the following means any federal, state, or local laws, ordinances, rules, regulations, requirements, orders, formal guidelines, or permit conditions, in existence as of the 501 11 Effective Date of this Agreement or as later enacted, promulgated, issued, modified or adopted, regulating or relating to Hazardous Substances, and all applicable judicial, administrative and regulatory judgments and orders and common law, including those relating to industrial hygiene, public safety, human health, or protection of the environment, or the reporting, licensing, permitting, use, presence, transfer, treatment, analysis, generation, manufacture, storage, discharge, release, disposal, transportation, investigation or remediation of Hazardous Substances. Environmental Laws shall include, without limitation, all of the laws listed under the definition of Hazardous Substances. 8. REMEDIES (a) Seller Default. In the event of a breach or default under this Agreement by Seller, if such breach or default occurs prior to Close of Escrow, Purchaser reserves the right to either (a) seek specific performance or actual damages from Seller or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing until Seller is able to perform; or (iii) to terminate this Agreement upon written notice to Seller, whereupon Seller shall cause Escrow Holder to return to Purchaser any and all documents and sums placed into the Escrow by Purchaser, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. (b) Purchaser Default. In the event of a breach or default under this Agreement by Purchaser, if such breach or default occurs prior to Close of Escrow, Seller reserves the right to either (a) seek specific performance or actual damages from Purchaser, or (b) to do any of the following: (i) waive the breach or default and proceed to close as provided herein; (ii) extend the time for performance and the Closing until Purchaser is able to perform; or (iii) to terminate this Agreement upon written notice to Purchaser, whereupon Purchaser shall cause Escrow Holder to return to Purchaser any and all documents and sums placed into the Escrow by Purchaser, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder.. 9. BROKERS. Purchaser represents that no real estate broker has been retained by Purchaser in the sale of the Acquisition Parcel or the negotiation of this Agreement. Seller represents that no real estate broker has been retained by Purchaser in the sale of the Acquisition Parcel or the negotiation of this Agreement. Each Party shall indemnify, hold harmless and defend the other Party from any and all claims, actions and liability for any breach of the preceding, and any commission, finder’s fee, or similar charges arising out of the indemnifying Party’s conduct. 10. MISCELLANEOUS 10.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and court costs (including service of process costs, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not), and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in 502 12 addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. 10.2 Interpretation. This Agreement has been negotiated at arm’s length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 10.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 10.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Seller nor Purchaser may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 10.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 10.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any dispute arising hereunder shall be in the Superior Court of San Mateo County for state law actions or the Northern District of California for federal law actions. 10.7 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition, there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. Any modifications to this Agreement must be in writing and signed by Seller and Purchaser. 10.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and the remainder of this Agreement shall remain in full force and effect unless the invalidated provision materially alters the consideration being exchanged between Seller and the Purchaser. However, if any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, but the stricken provision can be replaced with a legal, enforceable and valid provision in keeping with the intent of the Parties as expressed herein and which fairly restores the 503 13 consideration lost as a result of the stricken provision or stricken part thereof, then this Agreement shall remain in full force and effect. 10.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (e.g., FedEx) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below: 504 14 To Purchaser: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94083 Attn: ________________ With copy to: City Attorney To Seller: Tianyi Zhang 701 Spruce Avenue South San Francisco, CA 94080 To Escrow Holder: ________________________ ________________________ ________________________ Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 10.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 10.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or legal holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 10.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 10.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 10.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 505 15 10.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 10.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 10.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 10.18 Purchaser Approvals. Whenever this Agreement calls for Purchaser approval, consent, extension or waiver, the written approval, consent, or waiver of the Purchaser’s City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the Purchaser, without further authorization required from the Purchaser’s City Council. The Purchaser hereby authorizes the City Manager and his or her designee(s) to sign documents, to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, and to waive requirements under this Agreement, on behalf of the Purchaser. [Signatures on following pages] 506 16 IN WITNESS WHEREOF, this Agreement is executed by Purchaser and Seller as of the Effective Date. Purchaser: CITY OF SOUTH SAN FRANCISCO, a California municipal corporation By:________________________________ Sharon Ranals, City Manager Attest: ___________________________________ Rosa Govea Acosta, City Clerk Reviewed as to Form: ___________________________________ Sky Woodruff, City Attorney 507 17 Seller: By:________________________________ By:________________________________ 508 2 EXHIBIT A LEGAL DESCRIPTION OF CURRENT PARCEL That real property located in the City of South San Francisco, County of San Mateo, State of California, described as follows: Lot 4 in Block 10, as shown on that certain map entitled “Sterling Terrace No. 3, South San Francisco, San Mateo County, California,” filed in the office of the County Recorder of San Mateo County, State of California, on August 10, 1949, in Book 30 of Maps at Page 39. APN: 012-131-040 509 3 EXHIBIT B ACQUISITION PARCEL MAP [To Be Inserted] 510 4 EXHIBIT C Recording Requested by and When Recorded, Return to: City of South San Francisco 400 Grand Avenue South San Francisco, California 94083 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Exempt from Documentary Transfer Tax Per Rev. & Tax. Code § 11922 Governmental Agency acquiring title GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, as of _________________, 202_, [TIANYI ZHANG] hereby grants to the City of South San Francisco, a California municipal corporation, all that real property located in the City of South San Francisco, County of San Mateo, State of California and more particularly described in Attachment No. 1 hereto and incorporated in this Grant Deed by this reference. By: __________________________________ By: __________________________________ 511 5 Attachment No. 1 to Grant Deed LEGAL DESCRIPTION That real property located in the City of South San Francisco, County of San Mateo, State of California, described as follows: 512 6 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated _________________, 202_ from [TIANYI ZHANG] (“Grantor”) to the City of South San Francisco (“Purchaser”), is hereby accepted on behalf of the Purchaser by the undersigned officer or agent pursuant to authority conferred by resolution of the City Council of Purchaser adopted on __________________________, and that the Purchaser consents to recordation of the Grant Deed in the official records of San Mateo County by its duly authorized officer. Dated: _________________, 202__ CITY OF SOUTH SAN FRANCISCO By: ________________________________ 513 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of _____________ ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 514 *** PRELIMINARY PRINT 10/14/2024 *** 51 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1072 Agenda Date:10/23/2024 Version:1 Item #:13. Council discussion on Delegate for National League of Cities Annual Business Meeting on November 16, 2024, in Tampa, FL.(Eddie Flores, Vice Mayor) City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™516 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1044 Agenda Date:10/23/2024 Version:1 Item #:14. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(2)) Significant Exposure to Litigation: One potential case (Sky Woodruff, City Attorney, Lindsay D’Andrea, Assistant City Attorney, Angel Torres, Senior Civil Engineer) City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™517 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1046 Agenda Date:10/23/2024 Version:1 Item #:15. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: DNA Way, Point San Bruno Blvd, and a portion of Cabot Road Agency negotiators: Nell Selander, Director of Economic and Community Development, and Sky Woodruff, City Attorney Negotiating parties: Genentech, Inc. Under negotiation: Price and terms City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™518 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-880 Agenda Date:10/23/2024 Version:1 Item #:16. Closed Session: Conference with Legal Counsel - Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(2)) Significant Exposure to Litigation: Two potential cases (Sky Woodruff, City Attorney and Christina Fernandez, Deputy City Manager) City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™519 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-1045 Agenda Date:10/23/2024 Version:1 Item #:17. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 400 Miller Avenue (APN 012-303-110) City Negotiators: Nell Selander, Economic and Community Development Director, and Sky Woodruff, City Attorney Negotiating Party: Nisar M Shaikh Trust Under Negotiations: Price and terms City of South San Francisco Printed on 10/18/2024Page 1 of 1 powered by Legistar™520 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Page 1 of 13 MASTER GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Braun Northwest, Inc., hereinafter referred to as the Contractor, having its principal place of business at 150 North Star Drive, Chehalis, WA 98532. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H- GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are          307521 Page 2 of 13 subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous. ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was          308522 Page 3 of 13 considered in a procurement transaction, etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins Oct 01 2023 and ends Sep 30 2027. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice. ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H -GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be          309523 Page 4 of 13 conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. H- GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.          310524 Page 5 of 13 B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing. Price Increase Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of          311525 Page 6 of 13 the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section. Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, james.glover@h-gac.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request. ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise. ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees          312526 Page 7 of 13 to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. H-GAC will not pay for any expenses incurred after the termination date of the contract. A. Convenience H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.          313527 Page 8 of 13 (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User. ARTICLE 30: SEVERABILITY H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b)          314528 Page 9 of 13 Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a- 7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity          315529 Page 10 of 13 through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent          316530 Page 11 of 13 certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application. ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.          317531 Page 12 of 13 ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS          318532 Page 13 of 13 In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by: Braun Northwest, Inc. Signature $docusign:SignHere::Customer1 Name Tami McCallum Title V.P. Sales Date $docusign:DateSigned::Customer1 H-GAC Signature $docusign:SignHere::InternalSigner Name Chuck Wemple Title Executive Director Date $docusign:DateSigned::InternalSigner           319533 H-GAC Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Page 1 of 8 MASTER SPECIAL PROVISIONS Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”) H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid          320534 Page 2 of 8 offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:          321535 Page 3 of 8 a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOM ER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order. ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:          322536 Page 4 of 8 a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: a. CUSTOMER/END USER Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:          323537 Page 5 of 8 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC          324538 Page 6 of 8 CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects) With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean          325539 Page 7 of 8 Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract. ARTICLE 26: PREVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract. ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection          326540 Page 8 of 8 with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).          327541 Ambulances, EMS & Special Service Vehicles Request For Proposal HGACBuy/Cooperative Purchasing Program Project ID: AM10-23 Release Date: Friday, June 9, 2023 Due Date: Thursday, August 10, 2023 12:00pm Posted Friday, June 9, 2023 7:00am Bid Unsealed Thursday, August 10, 2023 12:03pm Pricing Unsealed Thursday, August 10, 2023 12:03pm All dates & times in Central Time 3. Scope of Work / Specifications This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation. 3.1. Overview H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Ambulances, EMS and Other Specialty Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available ambulances, emergency medical response and specialty vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. 3.2. Categories This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer. Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category G. If that specific vehicle is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category G will only include the alternative fuel vehicles, regardless of vehicle function or type. Product categories are as follows:          328542 1. Ambulance Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, Type (I, II, or III), module configurations/dimensions, chassis (make and model), 2WD/4WD, and fuel type. 2. Light/Medium Duty EMS Rescue Vehicle Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis (make and model), dimensions, 2WD/4WD, and fuel type. 3. Other Specialty Vehicle or Equipment Category includes vehicles or trailers for command, communication, tactical response, or other related emergency response functions. Response listings/descriptions must be organized by major sub-categories, which shall include manufacturer, model, type/function, chassis (make and model), axle configuration, dimensions, 2WD/4WD, and fuel type. 4. EMS Vehicle Conversions Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis, 2WD/4WD, and fuel type. 5. Remount Services Only Pricing for this service must include the cost of removing an existing body and reinstalling it on a different chassis, only. This service would apply where the chassis was supplied by the end user. Note: Remounting Services are to be performed by an authorized dealer/remounter. Any specific certifications or warranties that may be requested by an end user regarding remounts is the end user’s responsibility and will be negotiated between the end user and the supplier/contractor when services are quoted. 6. Remount on Contractor Supplied Chassis Pricing for these items must include the cost of the chassis plus the removal and reinstallation of the body. 7. Electric/Alternative Fuel Ambulance/EMS/Rescue Vehicles Response listings must be organized by manufacturer, model, vehicle type/function, and primary fuel/propulsion type. 8. Ambulance/EMS/Rescue Vehicle Service/Maintenance Plans Response listings must include specific details about which fees are included in costs, including current labor rates, and fee structures. 9. Ambulance/EMS/Rescue Vehicle Parts and Supplies Response listing must include percentage discount. 10. Ambulance/EMS/Rescue Vehicle Options Response listing must include percentage discount.          329543 3.3. General Requirements All products priced and sold pursuant to this Solicitation must, as applicable: 1. Meet all applicable requirements of federal, state and local laws and regulations. 2. Be manufacturer's normal offering with all standard features and functions and performance levels. 3. Be ready for turn-key operation upon delivery. 4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response. Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract. 3.4. Additional Requirements Licenses 1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Division of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations. 2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Division. Contractor must ensure all emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made. 3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver. Manuals 1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted (as per latest edition of KKK-A-1822F). 2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each listing being bid.          330544 Warranty Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation. 1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations. 2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees). 3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery. 4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer. 5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses. 6. On Type I & III emergency medical service MODULE the warranty period will be fifteen (15) years. 7. This warranty will be upgraded to its original status each time the module is remounted by Contractor, or a Contractor authorized remount facility, not to exceed five (5) years above the original warranty. 8. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component. 9. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.          331545 3.5. Vehicle Requirements All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements. All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards (examples: National Fire Protection Association (NFPA), Commission on Accreditation of Ambulance Services (CAAS), Federal Specification for the Star-of-Life Ambulance (KKK-A-1822F), Occupational Safety and Health Administration (OSHA)). 3.6. Service / Maintenance Plans and Parts All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees). 3.7. Labor Hours Definitions If the awarded contract contains hours for labor related services, the following definitions will apply: 1. “Business Day” Monday through Friday 2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m. 3. “Regular Time” Work that occurs during standard business hours 4. “Emergency Time” Work that occurs outside standard business hours 3.8. Administrative Fee For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H -GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows: Administrative Fee (per Purchase Order) Category A – Ambulance: $1,000 per purchase order Category B – Light/Medium Rescue Vehicle: $1,000 per purchase order Category C – Specialty Vehicle/Equipment:          332546 Light Rescue/Special Service $1,000 per purchase order Heavy Rescue/Special Service $2,000 per purchase order All Trailers 2% per purchase order Category D – EMS Vehicle Conversions: $1,000 per purchase order Category E – Remount Services Only: $600 per purchase order Category F – Remount on Contractor Supplied Chassis: $600 per purchase order Category G –Electric/Alternative Fuel Vehicles Determined by category of vehicle Category H –Service/Maintenance Plans: 2% per purchase order Category I - Ambulance/Vehicle Parts and Supplies 2% per purchase order Category J - Ambulance/EMS/Rescue Vehicle Options No separate fee - part of vehicle 3.9. Final Contract Deliverables Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: x Customer Name and address x HGACBuy confirmation number x Product/Service purchased, including Product Code, if applicable x Customer Purchase Order Number x Purchase Order Date x Product/Service dollar amount x HGACBuy Order Processing Charge amount Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.          333547 Attachment A Braun Northwest, Inc. Ambulances, EMS & Special Service Vehicles Contract No.: AM10-23 Manufacturer Product Item Description Offered List Price HGACBuy Discount Category A - Ambulance Braun Northwest, Inc.AM23CA01 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 212,653.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA02 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 155"L x 94"W x 72" HR 237,613.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA03 North Star - Type 1 - Ram 3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 221,543.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA04 North Star - Type 1 - GMC K3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 211,873.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA05 North Star - Type 1 - Chevrolet 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 239,292.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA06 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 147"L x 94"W x 72" HR 231,346.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA07 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 235,296.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA08 North Star - Type 1 - Ram 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR 244,557.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA09 North Star - Type 1 - Medium Duty - Ford F-650 4x2 - Diesel Engine - 167''L x 96''W x 72'' HR 266,552.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA10 North Star - Type 1 - Medium Duty - International - Diesel Engine - 167"L x 96''W x 72'' HR 269,771.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA11 North Star - Type 1 - Medium Duty - Freightliner - Diesel Engine - 167"L x 96''W x 72'' HR 275,270.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA12 North Star - Type 2 - MB Sprinter Van 156,817.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA13 North Star - Type 2 - Promaster Van 159,701.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA14 North Star - Type 2 - Ford Transit AWD Gas 164,638.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA15 North Star - Type 3 - Ford E-350 - Gas Engine - 147"L x 94"W x 72" HR 192,750.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA16 North Star - Type 3 - GMC G3500 - Gas Engine - 147"L x 94"W x 72" HR 199,296.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA17 North Star - Type 3 - Ford E-450 - Gas Engine - 167"L x 94"W x 72" HR 199,690.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CA18 North Star - Type 3 - GMC 4500 - Gas Engine - 167"L x 94"W x 72" HR 204,991.00$ -$ 1,500.00 Category B - Light/Medium EMS Rescue Vehicle Braun Northwest, Inc.AM23CB01 North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 199,255.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB02 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 191,824.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB03 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 116"L x 94"W 207,228.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB04 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 116"L x 94"W 199,338.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB05 North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 200,248.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB06 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 193,322.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB07 North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 147"L x 94"W 208,726.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB08 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 147"L x 94"W 200,836.00$ -$ 1,500.00 1          334548 Braun Northwest, Inc.AM23CB09 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 198,322.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB10 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 167"L x 94"W 205,836.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB11 North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 220,140.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CB12 North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 192"L x 94"W 226,270.00$ -$ 1,500.00 Category C - Other Specialty Vehicle or Equipment Braun Northwest, Inc.AM23CC01 North Star - Prisoner Transport - Ford E-350 - Gas Engine - 138"L x 94"W x 57.875''HR 140,354.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC02 North Star - Prisoner Transport - Ford F-350 4x4 - Diesel Engine - 143"L x 94"W x 57.75"HR 155,542.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC03 North Star - Prisoner Transport - Ford F-450 4x2 Regular Cab - Diesel Engine - 191"L x 94"W x 72.875"HR 196,087.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC04 North Star - Prisoner Transport - Ford F-550 4x2 - Regular Cab - Diesel Engine - 197''L x 94''W x 73'' HR 213,909.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC05 North Star - Prisoner Transport - Freightliner M2 4x2 - Regular Cab - Diesel Engine - 197''L x 94'' W x 73''HR 245,915.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC06 North Star - Prisoner Transport - Ford F-650 4x2 - Super Cab - Diesel Engine - 197''L x 94'' W x 73''HR 246,335.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC07 North Star - Prisoner Transport - Ram 4500 4x2 - Regular Cab - Gas Engine - 197"L x 94"W x 72 "HR 217,020.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC08 North Star - EOD Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 191''L x 94'' W x 80'' HR 274,359.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC09 North Star - EOD Command - International MV607 4x2 - Crew Cab - Diesel Engine - 222''L x 100''W x 84''HR 364,112.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC10 North Star - SWAT Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 192''L x 94'' W x 78'' HR 234,524.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC11 North Star - Hazardous Materials Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 189''L x 96'' W x 72'' HR 273,464.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC12 North Star - Crime Scene Command - Ford F-350 4x4 - Diesel Engine - 147''L x 94''W x 72''HR 228,796.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC13 North Star - Mobile Command - Ford F-650 4x2 - Diesel Engine - 196''L x 94''W x 76''HR 290,290.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC14 North Star - Wildland Crew Body - 198''L x 98''W x 78'' HR 215,849.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC15 North Star - Command Van - Transit AWD - Gas 152,873.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CC16 North Star - Prisoner Transport - Freightliner M2 106 Plus 4x2 - Diesel Engine - 351"L x 102"W x 117" HR 494,629.00$ -$ 1,500.00 Category E - Remount Services Only Braun Northwest, Inc.AM23CE01 North Star - Remount of Northstar Module 56,159.00$ -$ 1,500.00 Category F - Remount on Contractor Supplied Chassis Braun Northwest, Inc.AM23CE02 North Star - Remount of Northstar Module - Ford F-350 4x4 - Regular Cab - Diesel Engine 129,926.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE03 North Star - Remount of Northstar Module - Ford F-450 4x4 - Regular Cab - Diesel Engine 138,950.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE04 North Star - Remount of Northstar Module - Ford E-350 4x2 - Regular Cab - Gas Engine 102,267.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE05 North Star - Remount of Northstar Module - Ford E-450 4x2 - Regular Cab - Gas Engine 104,412.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE06 North Star - Remount of Northstar Module - GMC G3500 4x2 - Regular Cab - Gas Engine 93,569.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE07 North Star - Remount of Northstar Module - GMC G4500 4x2 - Regular Cab - Gas Engine 94,973.00$ -$ 1,500.00 2          335549 Braun Northwest, Inc.AM23CE08 North Star - Remount of Northstar Module - Chevrolet 4500 4x4 - Regular Cab - Diesel Engine 139,889.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE09 North Star - Remount of Northstar Module - Ram 3500 4x4 - Regular Cab - Diesel Engine 131,139.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE10 North Star - Remount of Northstar Module - Ram 4500 4x4 - Regular Cab - Diesel Engine 150,204.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE11 North Star - Remount of Northstar Module - International MV607 4x2 - Regular Cab - Diesel Engine 175,328.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE12 North Star - Remount of Northstar Module - Freightliner M2 4x2 - Regular Cab - Diesel Engine 168,352.00$ -$ 1,500.00 Braun Northwest, Inc.AM23CE13 North Star - Remount of Northstar Module - Ford F-650 4x2 - Regular Cab - Diesel Engine 168,509.00$ -$ 1,500.00 3          336550 Certificate Of Completion Envelope Id: E4D77477E07A45AEA42F916BF5C46EDC Status: Completed Subject: Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091 Source Envelope: Document Pages: 30 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Houston-Galveston Area Council AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 3555 Timmons Lane, Suite 120 Houston, TX 77027 contracts@h-gac.com IP Address: 12.11.127.21 Record Tracking Status: Original 10/16/2023 8:15:13 AM Holder: Houston-Galveston Area Council contracts@h-gac.com Location: DocuSign Signer Events Signature Timestamp Tami McCallum tamimccallum@braunnw.com VP of Sales Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 50.206.254.2 Sent: 10/16/2023 8:16:26 AM Viewed: 10/16/2023 9:46:52 AM Signed: 10/16/2023 10:16:43 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charles Wemple charles.wemple@h-gac.com Executive Director Houston-Galveston Area Council Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 174.203.73.140 Signed using mobile Sent: 10/16/2023 10:16:45 AM Viewed: 10/23/2023 8:54:35 AM Signed: 10/23/2023 8:54:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/16/2023 8:16:26 AM Certified Delivered Security Checked 10/23/2023 8:54:35 AM Signing Complete Security Checked 10/23/2023 8:54:45 AM 337551 Envelope Summary Events Status Timestamps Completed Security Checked 10/23/2023 8:54:45 AM Payment Events Status Timestamps 338552 ID Start time Name / Nombre Would you like to speak during Public Comment on a matter NOT on the agenda? Desea hablar de un tema que no esta en la agenda de el concilio? If you would like to speak on an agenda item(s), Enter the Agenda Item Number(s) below. If adding more than one item, please add a comma between each number. Por favor ingrese el número de artíc... 1 10/23/24 16:02:09 Hermes monzon No Item 7 Linden Park update 2 10/23/24 18:12:51 Michael Harris Yes / Si No 3 10/23/24 18:13:22 Edith Arias Yes / Si No 4 10/23/24 18:14:31 Tom Carney Yes / Si 6 and 7 5 10/23/24 18:16:26 Denni Harp Yes / Si No 6 10/23/24 18:17:12 Cory David Yes / Si Na 7 10/23/24 18:17:38 Cynthia Marcopulos Yes / Si Na 8 10/23/24 18:26:08 Mary Prem Yes / Si Public comment 9 10/23/24 18:26:46 Cesar Dominguez Yes / Si Public comment 10 10/23/24 18:27:18 Larry Sussman No 12, 12a 11 10/23/24 18:28:25 Sky Zhang Na 12 10/23/24 18:29:53 Dolores piper Yes / Si Na 13 10/23/24 18:54:00 Paula Maruri Yes / Si Christmas celebration 14 10/23/24 18:55:45 Anna Kramer No Item 7 15 10/23/24 19:20:42 Tom Carney No Item 15 real property’s 16 10/23/24 21:31:40 Denni Harp No 8 17 10/23/24 21:38:44 Denni Harp No 9 18 10/23/24 0:00:00 Vivian Ramos Yes / Si 8 19 10/23/24 0:00:00 Fionnola Villamejor Yes / Si 7