HomeMy WebLinkAbout2017-01-18 e-packet@6:30Wednesday, January 18, 2017
6:30 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
City Hall, City Manager's Conference Room
400 Grand Avenue, South San Francisco, CA
Joint Special Meeting City Council and Successor Agency
Special Meeting Agenda
January 18, 2017Joint Special Meeting City Council
and Successor Agency
Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Joint Special Meeting of the
City Council and Successor Agency on Monday, January 18, 2017 at 6:30 p.m., in the City Manager's
Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
Public Comments - comments are limited to items on the Special Meeting Agenda.
ADMINISTRATIVE BUSINESS
Report regarding a resolution approving an agreement for design, pre-construction,
construction management, construction and advisory services by and between the
City of South San Francisco and Oyster Point Development, LLC (Marian Lee,
Assistant City Manager and Steve Mattas, Assistant City Attorney)
1.
Resolution approving the Agreement for Development Management Services with
Oyster Point Development, LLC and authorizing the City Manager to execute the
Agreement.
1a.
Adjournment.
Page 2 City of South San Francisco Printed on 2/14/2017
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:16-971 Agenda Date:1/18/2017
Version:1 Item #:1.
Report regarding a resolution approving an agreement for design,pre-construction,construction management,
construction and advisory services by and between the City of South San Francisco and Oyster Point
Development, LLC (Marian Lee, Assistant City Manager and Steve Mattas, Assistant City Attorney)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an agreement for design,pre-
construction,construction management,construction and advisory services related to the Phase IC
Improvements and Phase IIC Cap Repair by and between the City of South San Francisco and Oyster
Point Development, LLC.
BACKGROUND/DISCUSSION
In March 2011,the Redevelopment Agency entered into a Disposition and Development Agreement (DDA)for
the Oyster Point project,with the original developer (Oyster Point Ventures LLC (OPV)).Since that time,both
of the original parties to the DDA have changed:the Redevelopment Agency’s DDA rights and obligations
were transferred to the Successor Agency;and,in August 2016,Oyster Point Ventures’rights and obligations
were assigned to a new development team, known as Oyster Point Development, LLC (OPD).
The proposed Agreement for Development Management Services (Agreement)attached as an exhibit to the
associated resolution to this staff report,between the City and OPD,would serve to implement the Successor
Agency’s and OPD’s rights and obligations,as set forth in the March 2011 DDA between OPV and the
Redevelopment Agency.Pursuant to the Escrow Agreement between the Successor Agency and the Bank of
New York Mellon,dated January 1,2013,the City Manager and City Attorney are jointly authorized to
disburse funds deposited into the escrow account to pay Successor Agency obligations related to Phases IC and
IIC of the proposed development.Thus,this agreement is entered into between OPD and the City (acting
solely to implement the Successor Agency’s obligations with funding solely from the Successor Agency).
The Agreement would implement the Phase IC Improvements and Phase IIC Clay Cap Repair (Improvements)
as set forth in Article III of the DDA.
Design Consultants, Engineers, Contractors and Approvals
In the Agreement,the City,acting on behalf of the Successor Agency and in furtherance of the terms of the
DDA,agrees that OPD shall manage and engage consultants for the design and construction of the
Improvements.Per the Agreement,the City may also retain consultants to assist with the project and they shall
be paid from the Successor Agency’s funds.OPD will be required to provide the City for its approval up to
three proposals and a final recommendation for each Design Consultant and Contractor.
OPD and its contractors are required to consult with the City regarding design details;responsibilities for
equipment,materials and services;changes to plans and specifications;and safety programs.Any requested
City approval not given within ten (10)business days will be deemed to be denied.The Agreement provides
that OPD’s consultant shall prepare and provide to OPD,and OPD shall provide to the City,plans and
specifications at specific project percentage milestones and all plans and specifications shall be the property of
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File #:16-971 Agenda Date:1/18/2017
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the City.
OPD would be required to obtain insurance certificates from each contractor working on the Improvements,
with the City and Successor Agency named as an insured.OPD would also be required to obtain estimates for
policies of owner controlled blanket insurance and if such policies are financially and administratively
beneficial to the project,OPD shall obtain such insurance.The Agreement incorporates the indemnification
provisions of the DDA and further requires OPD to specifically indemnify the City and the Successor Agency.
The Agreement provides a dispute resolution process involving City staff and OPD representatives and if
necessary,a pre-selected expert in the relevant topic.Finally,the Agreement requires OPD to comply with
Senate Bill 854 and the requisite monitoring and enforcement by the California Department of Industrial
Relations as it pertains to the performance of public work such as these Improvements.
Project Schedule, Budget, and Payments
To implement the specific timeline and details of the Improvements,the Agreement incorporates a detailed
Project Budget,Project Schedule,and Project Management Process (PMP).The Agreement sets forth payment
procedures and requires OPD to prepare and provide a monthly budget status report to the City in order to
monitor costs relative to the Project Budget.The Agreement provides instructions for monthly Draw Requests
that OPD shall prepare and submit to the City along with a project cost summary spreadsheet in order to receive
payment from the Successor Agency funds.OPD and the City shall also have monthly meetings in order to
review the Draw Requests.Finally,the Agreement provides a hierarchy and schedule for the payment of any
cost overruns that may be encountered,including those cost overrun situations and responsibilities described in
the DDA.
Termination of the Agreement
The Agreement provides that the City or Successor Agency may terminate the Agreement at any time for cause
and in the event that construction has not commenced within the timelines provided in the DDA.However,
OPD may terminate the Agreement if the City materially breaches the Agreement and does not cure within 15
or 30 days,depending on the type of default.The Agreement sets forth two specific Events of Default:(1)a
material default in OPD’s performance or (2)misappropriation of City or Successor Agency funds by OPD.In
the case of an Event of Default, the City retains rights to all project documents.
At the City Council meeting,a presentation will be provided on the key elements of the Agreement as well as
information about the Phase IC and Phase IIC Clay Cap Repair Improvements. See Attachment 1.
The presentation includes information about the construction plan and schedule as well as escalated conceptual
project costs prepared in 2011 from $36M to $44M,the costs of which would be shared between the Successor
Agency and OPD based on the cost allocation in the DDA.Of the total $8M estimated increase,$5M would be
subject to Successor Agency,Oversight Board and DOF approval and $3M would be OPD’s responsibility
based on the cost allocation in the DDA.
The final project cost and additional funding needed for Phase IC and Phase IIC Clay Cap Repair will not be
known until the contractor is selected and negotiations are finalized by the summer of 2017.It is at that time,
the Successor Agency,Oversight Board and DOF would be asked to consider approval of the additional
funding.
FUNDING
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There is no impact to the Fiscal Year 2016 - 2017 Budget.
CONCLUSION
In order to effectively construct and administer Phase IC and Phase IIC Clay Cap Repair Improvements,it is
recommended that the City Council adopt a resolution approving an agreement for design,pre-construction and
construction management and advisory services by and between the City of South San Francisco and Oyster
Point Development, LLC.
Attachment: Phase IC and Phase IIC Clay Cap Repair Improvements PowerPoint Presentation
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January 18, 2017
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
Oyster Point –Existing Conditions
Oyster Point –Phase IC
Phase IIC
Cap Repair
Yacht ClubBoundary of Phase IC
WHERE ARE WE SINCE 2011?
−Focus on Implementing Phase I
−Phase IC includes infrastructure and open space
−Phase ID includes 508,000 SF of Office/R&D buildings
−Project Ownership Transfer Completed
−August 2016, Oyster Point Development (“OPD”) acquired the Oyster Point project from Shorenstein/SKS
−Project Team Set Up
−OPD has set up office and operation at Oyster Point
−SKS retained as consultant, leveraging their knowledge and project continuity
−Civil, environmental and geotechnical consultants are engaged
−Regular Communication with City Staff
−Ongoing weekly standing meeting with City Staff since July 2016
−Community Outreach
−Outreach to all tenants at Oyster Point who will be impacted by Phase I
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
2011 Phase IC Cost Estimate:
$ 29,875,095 Hard Costs from Hathaway Dinwiddie
$ 5,395,019 Soft Cost (assumed 20% of Hard Cost)
$ 35,610,113 Total Costs
2017 Phase IC Cost Estimate:
$ 34,129,757 Hard Costs with escalation through Oct 2016 from Hathaway Dinwiddie
$ 1,706,488 Additional escalation from Oct 2016 through construction contract
$ 8,305,256 Soft Costs (fully developed budget includes design contingency*)
$ 44,141,501 Total Costs
*Fully developed soft cost budget = 23% of Hard Costs
2011 Phase IIC Cap Repair Cost Estimate:
$ 476,972 Hard Costs from Hathaway Dinwiddie
$ 95,394 Soft Cost (assumed 20% of Hard Cost)
$ 572,366 Total Costs
2017 Phase IIC Cap Repair Cost Estimate:
$ 708,985 Hard Costs with escalation through Oct 2016 from Hathaway Dinwiddie
$ 42,486 Additional escalation to start of construction
$ 140,741 Soft Costs
$ 892,212 Total Costs
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
Oyster Point –Phase I: Existing Conditions
Red dashed line indicates overall construction site fencing at this phase.
Oyster Point –Phase IC/ID at Completion
Yacht Club
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
Anticipated Timeline:
35% Design Drawings January 2017
65% Design Drawings June 2017
Landfill Agency Approvals August 2017
Demo/Grading Permits August 2017
Land Conveyance Closing August 2017
First DDA Payment to City August 2017
Start of Construction (Demo/Temp Roads)September 2017
95% and 100% Design Drawings October 2017
Completion of Phase IC End of 2018
1.Phase IC Overview
2.Budget and Cost Escalation
3.Construction Phasing Plan
4.Timeline
5.Q&A
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-117 Agenda Date:1/18/2017
Version:1 Item #:1a.
Resolution approving the Agreement for Development Management Services with Oyster Point Development,
LLC and authorizing the City Manager to execute the Agreement.
WHEREAS,on March 23,2011,the former Redevelopment Agency of the City of South San Francisco
(“Redevelopment Agency”)and developer Oyster Point Ventures entered into a Disposition and Development
Agreement (“DDA”)for the development of real property owned by the Redevelopment Agency in the Oyster
Point area of the City of South San Francisco (“City”); and
WHEREAS,on June 29,2011,the Legislature of the State of California (the “State”)adopted Assembly Bill x1
26 (“AB 26”),which amended provisions of the State’s Community Redevelopment Law (Health and Safety
Code sections 33000 et seq.); and
WHEREAS,pursuant to AB 26 and the California Supreme Court decision in California Redevelopment
Association,et al.v.Ana Matosantos,et al.,which upheld AB 26 (together with AB 1484,the “Dissolution
Law”),the former Redevelopment Agency of the City of South San Francisco was dissolved on February 1,
2012; and
WHEREAS,pursuant to the Dissolution Law,the Redevelopment Agency properties and contractual
obligations were transferred to and vested in the Successor Agency to the Redevelopment Agency of the City
of South San Francisco (“Successor Agency”); and
WHEREAS,on August 18,2016,the City and Successor Agency approved an assignment of the DDA from
Oyster Point Ventures to Oyster Point Development, LLC (“OPD”); and
WHEREAS, the DDA imposes obligations on the Successor Agency and OPD in relation to improvements
required to be constructed in Phases IC and the Phase IIC Cap Repair (“Phase IC and Phase IIC Cap Repair
Improvements”), and
WHEREAS,this agreement is intended to assist in the implementation of OPD and Successor Agency’s
obligations related to design and construction of the Phase IC and Phase IIC Cap Repair Improvements and
does not modify those obligations or impose any of those obligations on the City, and
WHEREAS,OPD and Successor Agency desire that OPD,in consultation with the City (acting on behalf of the
Successor Agency to implement the Successor Agency’s obligations)as set forth in the agreement attached
hereto,design and construct the Phase IC Improvements and Phase IIC Cap Repair Improvements,as described
in the DDA; and
WHEREAS,the City and OPD have prepared the attached Agreement for Development Management Services,
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WHEREAS,the City and OPD have prepared the attached Agreement for Development Management Services,
which includes project schedules,project budgets,and a project management process,among other terms,in
order to assist OPD in implementing the development management services for the Phase IC and Phase IIC Cap
Repair Improvements; and
WHEREAS,in order to implement these Improvements,as contemplated in the DDA,staff recommends that
the City Council approve and execute the Agreement for Development Management Services,attached hereto
and incorporated herein as Exhibit A.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby take
the following actions:
(1)Finds and determines that the recitals are true and correct; and
(2)Approves the Agreement for Development Management Services,attached hereto and incorporated
herein as Exhibit A; and
(3)Authorizes the City Manager to enter into and execute the Agreement for Development Management
Services and to implement the Agreement with funding exclusively from Bank of New York Mellon Escrow
Account between the Successor Agency and the Bank of New York Mellon, dated January 1, 2013.
*****
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AGREEMENT FOR DEVELOPMENT MANAGEMENT SERVICES
By and Between City of South San Francisco
and Oyster Point Development, LLC
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Development Management Services Agreement - FINAL
AGREEMENT FOR DEVELOPMENT MANAGEMENT SERVICES
THIS AGREEMENT FOR DEVELOPMENT MANAGEMENT SERVICES
(“Agreement”) is made and entered into effective _______________, 2017 by and between
the City of South San Francisco, a municipal corporation (hereinafter referred to as “City”)
and Oyster Point Development, LLC, a Delaware limited liability company (hereinafter
referred to as “OPD”).
RECITALS
A.OPD, City and the Successor Agency to the former South San Francisco
Redevelopment Agency (“Agency”) are parties to that certain Disposition and Development
Agreement (“DDA”), dated March 23, 2011 and pursuant to that certain Consent,
Assignment and Assumption Agreement dated August 18, 2016, which relate to
development of specified real property owned by OPD and City, respectively. The DDA
provides for construction of improvements in Phases IC and IIC on certain property owned
by City and, in part, to be owned by OPD. (For purposes of this agreement, the “Property”
shall mean the “Marina Property” as defined in the DDA.)
B.The DDA allocates to OPD the obligation to design and construct specified
public improvements in Phase IC and allocates to the Agency the obligation to construct
specified public improvements in Phase IIC, both of which are subject to payment
obligations of OPD and the Agency. Agency has paid twenty nine million four hundred
sixty-three thousand two hundred and thirty dollars ($29,463,230.00) into an escrow account
pursuant to Section 3.4.4 of the DDA to be used to pay for public improvements as required
by Sections 3.4.2 and 3.4.6 of the DDA. Pursuant to Section 3.4.4 of the DDA, the Agency
has established an escrow account with Bank of New York Mellon (“Escrow Deposit and
Trust Agreement”) and has, pursuant to Section 5 of the Escrow Deposit and Trust
Agreement, delegated authority to the South San Francisco City Manager and City Attorney,
acting on behalf of the Agency, to disburse funds for Phase IC Improvement Costs and
Phase IIC Improvement costs from funds within the Escrow Funding Account. City (acting
on behalf of the City and Agency to implement the Agency’s obligations) and OPD desire to
have OPD manage the design and construction of the improvements specified herein subject
to the terms set forth herein, which are intended to be consistent with allocation of
responsibilities set forth in the DDA.
C.City (acting on behalf of the Agency) desires that OPD engage consultants,
manage the design and construction of public improvements in Phase IC on behalf of the
Agency and in coordination with Agency and City staff and as set forth in this Agreement.
The list of public improvements in Phase IC, identified herein as the “Phase IC
Improvements,” is included in Section 3.2.1 of the DDA. The parties also contemplate that
OPD will manage the clay cap repair portion of Phase IIC, identified herein as the “Phase
IIC Cap Repair,” as set forth in Section 3.3.2(a)(ii) of the DDA. The initial project budget
for the Phase IC Improvements, (“Project Budget”), based on the budget set forth in DDA
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Development Management Services Agreement - FINAL
Exhibit 3.4.1, is attached hereto as Exhibit A, subject to adjustment as set forth herein. The
initial project budget for the Phase IIC Clay Repair is set forth in DDA Exhibit 3.4.1.
D. The parties desire to enter into this Agreement to set forth the terms upon
which OPD will provide City and Agency with development management services for the
design, engineering, permitting, construction and completion of the Phase IC Improvements
and the Phase IIC Clay Repair (the “Development Services”).
AGREEMENT
NOW, THEREFORE, taking the foregoing recitals into account, and in consideration
of the mutual covenants set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I
General Understandings
Section 1.01 Relationship to DDA. This Agreement is a mechanism to implement
the obligations of OPD and Agency with respect to development of the Phase IC
Improvements and Phase IIC Cap Repair, pursuant to and as contemplated by Article III of the
DDA. In the event of a conflict between the DDA and this Agreement, the DDA shall control.
Capitalized terms used herein that are defined in the DDA shall be defined as set forth in the
DDA.
Section 1.02 No Partnership. The parties do not intend by this Agreement to create a
partnership, principal/agent, employee or joint venture relationship and nothing in this
Agreement shall be construed as creating any such relationship between the parties. Neither
OPD nor City, acting on its own behalf or on behalf of the Agency, nor their respective
subsidiaries, agents or employees, are the representatives of the other party for any purpose
(except with respect to OPD to the extent specifically authorized herein to be City’s
representative in connection with performing the Development Services), nor do any such
parties have the power or authority as an agent, employee or in any other capacity to bind or
otherwise create or assume any obligation on behalf of the other party for any purpose.
Section 1.03 Non-Exclusive Services. OPD may devote as much of OPD’s time,
attention and energies in the performance of the Development Services as OPD deems
necessary to perform the Development Services. OPD may, directly or indirectly, in any
capacity, engage, invest or participate in or provide the same or similar services to any
business or entity.
Section 1.04 Independent Contractor. OPD enters into this Agreement, and will
remain throughout the term of this Agreement, as an independent contractor and not as an
agent or employee of City or Agency. OPD’s personnel performing Development Services are
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Development Management Services Agreement - FINAL
agents, employees or subcontractors of OPD (collectively, “OPD Personnel”) and are not
employees or agents of City or Agency. OPD has and hereby retains the right and obligation to
exercise full control of and supervision over the performance of OPD’s obligations hereunder
and full control over the employment, direction, compensation and discharge of all OPD
Personnel.
Section 1.05 City’s Representative. City appoints the Assistant City Manager, or
her/his designee, for the purpose of administering this Agreement (“City’s Representative”).
Unless and until written notice to OPD to the contrary is given by City, all instructions of City
and Agency and approvals required to be given by City and Agency hereunder shall be given
only by such representative, and OPD may rely thereon. City may change representatives by
written notice to OPD. City’s Representative shall endeavor to render decisions in a timely
manner in order to avoid Project delays.
(a)As referenced herein the “Approval” (and any variation thereof) of City
means the prior written approval of City’s Representative, which may be granted or withheld
in its sole discretion unless otherwise expressly provided to the contrary in this Agreement.
Use of the term “reasonable” (or any variation thereof) in connection with any variation of the
term “Approval” means that such Approval shall not be withheld, conditioned or delayed
unreasonably. Unless this Agreement expressly sets forth another time period for performance
or additional budget authority is required by Agency to implement the action, City shall use
best efforts to either grant an Approval, or set forth in writing the basis for any objection,
within ten (10) business days of receipt of the notice requesting that such Approval be given.
If City shall not have given written notice of approval or disapproval of such action to OPD
within ten (10) business days (or such other time period as applicable) after receipt of the
notice requesting that such Approval be given (whether “reasonable” or otherwise), then City
shall be deemed to have denied such Approval.
Section 1.06 OPD’s Representative. OPD appoints the following person as its
representative for the purpose of administering the Development Services of OPD under this
Agreement: Executive Vice President or his/her designee (“OPD’s Representative”). If
during the term of this Agreement, this position no longer exists within OPD or is otherwise
not administering the Development Services, then another person of equivalent capability and
experience acceptable to City shall be assigned to the Phase IC Improvements project within
30 days. City acknowledges and agrees that OPD’s Senior Vice President and/or Director of
Construction are acceptable as replacement OPD’s Representatives.
Section 1.07 Professional Consultants.
(a)The parties contemplate that OPD will contract directly with any
professional consultants, subject to City’s Approval, whose services may be deemed necessary
or advantageous by OPD and Agency in connection with construction of the Phase IC
Improvements and the Phase IIC Cap Repair. All such approved fees and costs associated with
the services rendered by such professional consultants shall be paid subject to, in accordance
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Development Management Services Agreement - FINAL
with and with funding from the Project Budget, a copy of which is attached hereto as
Exhibit A.
(b)City, acting on behalf of the Agency, may also retain such other
professional consultants as set forth in Exhibit B hereto and pursuant to agreements between
City and such professional consultants. Compensation for the services rendered by
professional consultants retained by City shall be paid by Agency with funding from the
Project Budget and subject to reasonable approval as to budget authority by OPD. At City’s
request, OPD shall provide City with advice and recommendations for the selection and
engagement of such professional consultants. Any agreement authorized pursuant to this
Section 1.07(b) shall also name OPD as an indemnitee and additional insured to the
agreement. In the event the City desires to replace any consultants listed on Exhibit B, City
will consult with OPD regarding such replacement.
Section 1.08 Contract Documents.
(a)It is contemplated that OPD, in relation to the Phase IC Improvements
and Phase IIC Cap Repair, shall enter into agreements with the design consultants, including
but not limited to landscape architects, civil engineers, geotechnical engineers, environmental
consultants and other technical consultants identified and recommended by OPD following
consultation with City or recommended by City and retained by OPD for the Phase IC
Improvements and the Phase IIC Cap Repair (each a “Design Consultant”). City and OPD
will consult and agree on the proposed scope of work and the form of any bid request prior to
OPD’s solicitation of bids.
(b)It is contemplated that OPD shall enter into an agreement or agreements
(each, an “OPD-Contractor Agreement”) with one or more general contractors
recommended by OPD following consultation with City for the Phase IC Improvements and
the Phase IIC Cap Repair (each, a “Contractor”).
(c)OPD shall provide the City with up to three qualified fee and scope
proposals for each Design Consultant and Contractor and make a recommendation for City’s
Approval. Upon approval of selection of each Design Consultant and Contractor by OPD and
City, OPD shall have primary responsibility for negotiating all material project contracts, in
consultation with City, and subject to City’s Approval.
Section 1.09 Compliance with Laws. In the performance of the Development
Services under this Agreement, OPD shall at all times act in accordance with, and provide City
with reasonable notice of, any requirements imposed by any applicable federal, state and local
statutes, rules, laws, ordinances, encumbrances and covenants, conditions and restrictions, as
necessary for conformance to the Performance Standard, and which affect the design,
development, construction, or completion of the Phase IC Improvements and the Phase IIC
Cap Repair (collectively, the “Requirements”). It is understood that (except with respect to
any licenses or permits required by OPD in the ordinary course of its business or in order for
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Development Management Services Agreement - FINAL
OPD to be permitted and authorized to provide the Development Services hereunder), OPD’s
performance of the Requirements shall be subject to and conditioned upon Agency making
necessary funds available to OPD from the Escrow Account under and in accordance with the
Project Budget.
Section 1.10 Ownership of Plans and Materials. All Progress and Final Plans and
Specifications (defined below) with respect to the Phase IC Improvements and Phase IIC Cap
Repair, including without limitation any non-privileged work product of OPD, shall at all
times be the property of City; provided that, until issuance of the final Certificate of
Completion pursuant to DDA Section 6.10.1, OPD shall have a non-exclusive license to use all
Progress and Final Plans and Specifications as reasonably necessary for performance of the
Development Service and to ensure integration and coordination with the “Developer Project,”
as defined in the DDA. Unless Approved by City, Consultant shall provide to OPD, for
delivery to the City (1) an AutoCAD (latest version) and a complete full size set of Progress
Plans and Specifications at the 35%, 65% and 95% design document phases, (2) an AutoCAD
and a complete full size set of the Final Plans and Specifications approved by the City, and (3)
not later than thirty (30) days after acceptance of the Phase IC Improvements by the City, an
AutoCAD and a complete full size set of As-Built Plans for the Phase IC Improvements.
Unless Approved by City, each Consultant’s contract shall provide that Consultant shall, upon
written request of the City, provide to OPD, for delivery to the City all of Consultant’s non-
privileged work product for the Phase IC Improvements, and City shall have the right to use
and rely on the Plans and Specifications and the work product without further compensation or
consent from the Consultant.
ARTICLE II
Development Manager’s Services
Section 2.01 Nature and Scope of Services .
(a) OPD shall use commercially reasonable efforts to perform, manage,
arrange, supervise and coordinate all of the Development Services for the Phase IC
Improvements in accordance with the Final Plans and Specifications, the Project Budget, the
Project Schedule, and all Requirements. OPD shall perform the Development Services in
accordance with the degree of professional skill and care ordinarily provided by development
managers practicing in the same or similar locality under the same or similar circumstances
(the “Performance Standard”). OPD further agrees to furnish its best skill and judgment in
the performance of its duties hereunder.
(b) OPD shall also perform, manage, arrange, supervise and coordinate all
of the Development Services for the Phase IIC Cap Repair in accordance with Phase IIC Cap
Repair Plans and Specifications, an approved Phase IIC Cap Repair Project Budget (consistent
with DDA Exhibits 3.3.2B and 3.4.1), an approved Project Schedule, all Requirements, and
the Performance Standard.
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Development Management Services Agreement - FINAL
Section 2.02 Pre-Construction, Design, Schedule, Budget and Other Matters.
(a) The “Project Schedule” is attached hereto as Exhibit C. OPD must
obtain City’s Approval to any modifications of the Project Schedule. OPD shall notify and
keep City informed of any events of actual delays or other events that may reasonably cause
delays affecting the Project Schedule. In the event of any approved changes to the Project
Schedule or any changes requested by City that affect the Project Schedule, OPD shall prepare
a revised Project Schedule and submit it to City for its reasonable Approval. The Project
Budget is attached hereto as Exhibit A. The term “Project Budget” as used herein shall also
mean and include any revisions to the Project Budget as and when approved by City in
consultation with OPD and, if the revision will require additional funds, the Agency. The total
cost of the Phase IC Improvements project as set forth in the Project Budget shall be referred
to herein as the “Budgeted Costs”. OPD must obtain City’s Approval, and where additional
funds are necessary the Agency’s approval, to any modifications of the Project Budget. OPD
shall notify and keep City informed of any variance or reasonably anticipated variance in the
line items in the Project Budget. The “Project Management Process” (“PMP”) attached
hereto as Exhibit E shall be used by OPD and City to manage the Phase IC Improvements
consistent with the Project Schedule and Project Budget. In the event of any approved
revisions to the Project Budget or any other changes requested by City, OPD shall prepare and
submit to City a revised Project Budget. The parties may enter into a project management plan
for the Phase IIC Cap Repair in a form similar to the PMP or through an amendment to the
PMP.
(b) OPD and City have identified the Design Consultants listed in Exhibit D
to provide services for the Phase IC Improvements. OPD shall confer with City in selecting,
engaging and retaining, coordinating, and managing and administering the services of the
Contractor and any other Design Consultants or other service or contractor parties required for
the Phase IC Improvements including, but not limited to, surveyors, special consultants, and
testing laboratories (with such contracts and any amendments thereto subject to approval by
City’s Representative and with funding approved by the Agency if funding is required beyond
that set forth in the Project Budget).
(c) The current plans and specifications for the Phase IC Improvements and
Phase IIC Cap Repair are set forth in Exhibit F. OPD shall coordinate with City, the Design
Consultants, each Contractor and other appropriate consultants to obtain final drawings and
specifications (including mock-ups and color samples) acceptable to City (the “Final Plans
and Specifications”), and, with regard thereto, OPD’s responsibilities will include, without
limitation, the following: (i) reviewing, commenting on and coordinating changes in work-in-
progress documents up to but not including 100% design (the “Progress Plans and
Specifications”) that are requested by City; (ii) obtaining cost estimates from each Contractor
and Design Consultants and preparing revisions to the Project Budget for the construction
phase in light of design development at the 35%, 65%, and 95% Design phases and for
Landscape design at Schematic Design (SD), Design Development (DD), and Construction
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Document (CD); and (iii) coordinating the finalization and Approval by City of Final Plans
and Specifications.
(d) OPD shall submit to City for its review and Approval Phase IC
Improvements and Phase IIC Cap Repair Progress Plans and Specifications at the 35%, 65%,
and 95% Design and for Landscape design at Schematic Design (SD), Design Development
(DD), and Construction Document (CD) milestones.
(e) OPD shall review Progress Plans and Specifications during their
development and provide advice on proposed site use and improvements, selection of
materials, building systems and equipment, and methods of project delivery. OPD shall
provide recommendations on relative feasibility of construction methods, availability of
materials and labor, time requirements for the procurement, installation and construction, and
factors related to construction cost including, but not limited to, costs of alternative designs or
materials, preliminary budgets, and possible economies.
(f) As the Design Consultant progresses with the preparation and/or
completion of the 35% and 65% design and for Landscape design at SD and DD design
documents, OPD shall, with the assistance of the Contractor for the site work, and construction
of the Phase IC Improvements and Phase IIC Cap Repair projects, prepare and update the
construction cost estimate in increasing detail and refinement. The estimated cost of each
contract shall be indicated with supporting detail. Such estimates shall be provided for City’s
review and Approval. OPD shall advise City if it appears that the construction costs may
exceed the Project Budget and make recommendations for corrective action, including without
limitation any value engineering of the Progress Plans and Specifications to achieve necessary
reductions in such costs to make it confirm to the Approved Project Budget. City may, at its
discretion and as it deems necessary to ensure conformance to the Project Budget, direct a
value engineering exercise after cost estimates for each milestone estimate are provided to
City; provided, however, that City shall not have sole authority to direct value engineering
with respect to “Streets and Utilities at Hub,” per DDA Exhibit 3.2.1A. Upon resubmission,
City shall either submit further written comments or approve the plan. If further design
changes (including those related to value engineering) are proposed, OPD shall use best efforts
to have the Design Consultants prepare and then OPD and City shall review the design
changes within 15 business days of submission of the design changes. Any such design
changes should be substantively consistent with the Phase IC Improvements and Phase IIC
Cap Repair specified in the DDA.
(g) OPD and each Contractor shall consult with City and Design
Consultants regarding the OPD-Contractor Agreement and exhibits thereto, and make
recommendations whenever design details adversely affect constructability, cost or schedules.
(h) OPD and each Contractor shall provide recommendations and
information to City regarding the assignment of responsibilities for temporary facilities and
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Development Management Services Agreement - FINAL
equipment, materials and services for use by each Contractor. OPD shall verify that such
requirements are included in the proposed Contract Documents.
(i) OPD shall provide recommendations and information to City regarding
each Contractor’s safety programs.
(j) OPD shall review with each Contractor the identified major
subcontractors and their bids, preparing and making recommendations to Contractor for the
Contractor’s selection and award of subcontracts.
(k) OPD shall use commercially reasonable efforts to obtain all building,
grading, development, and other permits and governmental approvals necessary to commence
and complete the Project. City shall provide all information in a timely manner that may be
necessary or appropriate for applying for or obtaining such permits. City authorizes OPD to
act as its agent to submit applications for and thereafter diligently pursue such permits, upon
approval of such applications by City. With respect to permits to be issued by the City, the
City shall expedite processing of applications for such permits to the greatest extent feasible
within the course of its normal permitting process. If OPD requests special services for permit
expediting beyond the City’s normal course, City shall make such services available to the
greatest extent feasible, provided that OPD pays applicable fees for expedited review.
(l) Prior to submitting landfill grading and proposed landfill cap
replacement plans to any regulatory or governmental agency, OPD shall submit to the City for
review and Approval of such plans.
Section 2.03 Construction Management.
(a) Following the commencement of construction, OPD shall make bi-
weekly visits to the job site to review the work and progress of construction.
(b) OPD shall provide administrative, management and related services to
coordinate scheduled activities and responsibilities of the Contractor with those of OPD, City
and Design Consultant to manage the Phase IC Improvements project in accordance with the
Project Budget, the Project Schedule and the Contract Documents.
(c) OPD shall create and maintain a Risk Register in a form similar to that
provided in the PMP. OPD shall recommend courses of action to City when requirements of a
contract are not being fulfilled. OPD shall make efforts consistent with the Performance
Standard to resolve issues listed on the Risk Register and to resolve and settle any conflict
among each Contractor, Design Consultant and any of the professional consultants and shall
keep City fully informed with respect to such conflicts and settlement discussions and
resolution of issues.
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Development Management Services Agreement - FINAL
(d) OPD shall consult with City regarding proposed changes and
modifications to the Final Plans and Specifications and coordinate issuance of change orders,
consistent with the change order process set forth herein in Section 2.03(j).
(e) OPD shall respond promptly to any questions from City or Agency
regarding the Project or progress of construction, construction methods, scheduling, and the
like.
(f) OPD shall coordinate the delivery and/or dedication of portions of the
Phase IC Improvements and Phase IIC Cap Repair following issuance of any Certificates of
Completion, per DDA Section 6.10.
(g) OPD shall coordinate efforts by all appropriate parties to complete each
phase of the Phase IC Improvements and Phase IIC Cap Repair in accordance with the Final
Plans and Specifications, as the same may be amended from time to time with the approval of
all necessary parties (including City’s and, when necessary for additional funding, Agency’s
Approval), such efforts to include, without limitation, assisting in the scheduling of inspections
and the preparation of punch list items.
(h) OPD shall implement procedures for the review and processing of
applications for payment submitted by each Contractor to ensure the completion of the Phase
IC Improvements and the Phase IIC Cap Repair improvements in accordance with the City’s
required payment procedures as set forth in the PMP. OPD shall request that the Design
Consultant review and certify such applications for payment submitted by each Contractor. As
set forth in the PMP, OPD shall monitor actual costs relative to the Project Budget and shall
prepare a monthly budget status report, in a form reasonably acceptable to City, as set forth in
the PMP. The budget status report should include the Project Budget, work under contract,
projections of cost to be incurred though completion of the Project, a comparison of actual cost
to the Project Budget and depletion to date, projected use and proposed modification of any
contingency budgets. OPD shall issue the budget status report for City’s reasonable Approval
of the actual costs reflected therein. If actual costs are projected to exceed the Project Budget,
OPD shall recommend actions to be taken to complete the Project within the Project Budget.
OPD shall also develop and issue to City cash flow projections. OPD shall work with each
Contractor in preparing such reports, and City will arrange for OPD to have appropriate access
to each Contractor’s accounting records, to enable OPD to prepare the information required by
this subsection 2.03(h). In addition to the foregoing, OPD shall provide City with any
additional reports required in the PMP in compliance with the timelines set forth therein.
(i) Reserved.
(j) OPD shall review requests for changes, assist in negotiating each
Contractor’s proposals, submit recommendations to the applicable Design Consultant and
City, and if they are accepted, shall assist the Design Consultant in reviewing change orders
submitted by each Contractor and change directives which incorporate the Design Consultant’s
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Development Management Services Agreement - FINAL
modifications to the Contract Documents, and shall coordinate budget revisions caused by
change orders. Change orders, as recommended by Project Manager, as defined in the Project
Management Process, are subject to approval as follows:
Value of Single
Proposed Change
Order and within
Project Budget
Cumulative Value of
Change Orders
Required Agency
Approval
Required OPD
Approval
$0- $10,000 N/A OPD’s
Representative or
designee
$10,001 to $75,000 N/A City’s Representative
or designee
OPD’s
Representative or
designee
$75,000 or greater Greater than three (3)
percent of Total
Phase IC Costs
calculated in three
(3) percent
increments
City Manager Chief Executive
Officer
If a change order requires additional funding from the Agency, the change order is also subject
to approval of additional budget authority from the Agency prior to approval of the change
order.
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In addition, OPD shall advise City and seek City and OPD approval for any depletion of
contingency budgets that meet the following standards:
Dollar or Percentage
Value Reduction of
Single Use of
Contingency Budget
for Specific Budget
Line Item within
Project Budget
Cumulative
Percentage Value
Reduction for
Specific Budget Line
Item within Project
Budget
Required Agency
Approval
Required OPD
Approval
Less than $75,000 N/A City’s
Representative or
designee
OPD’s
Representative or
designee Client’s
Any amount in
excess of $75,000 but
less than 10% of the
total Phase IC
Improvements (or
Phase IIC Cap Repair
if applicable)
Contingency Budget
N/A City’s Representative OPD’s
Representative
N/A Any amount in
excess of the 10% of
original contingency
budget as calculated
in 10% increments
City Manager Chief Executive
Officer
(k) OPD shall receive certificates of insurance, in accordance with Article
V hereof, and copies of all policies and endorsements naming City and Agency, their officers,
employees and agents as an insured from each Contractor and shall forward them to City.
(l) Without limitation of OPD’s obligations to complete the Phase IC
Improvements as set forth herein, OPD will coordinate any environmental remediation of the
Phase IC Improvements, as identified in Exhibit 3.2.1 of the DDA, and the Phase IIC Cap
Repair, as identified in Exhibit 3.3.2 of the DDA.
(m) OPD and each Contractor shall coordinate the delivery, storage,
protection and security of OPD or City purchased materials, systems, and equipment until such
items are incorporated into the work.
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Development Management Services Agreement - FINAL
(n) With the Design Consultant and City’s engineering and inspection
personnel, OPD shall observe each Contractor’s final testing and start-up of utilities,
operational systems and equipment.
(o) As soon as reasonably possible after completion of the work, and all
inspections of the work, OPD shall coordinate with Design Consultant to: (i) submit to City
“as built” Final Plans and Specifications; and (ii) submit to City a certificate of compliance
executed by the Design Consultant. The certificate of compliance shall certify such
installations as substantially conforming to the Final Plans and Specifications. OPD shall
coordinate obtaining the final certificate of completion for the Phase IC Improvements and
Phase IIC Cap Repair.
(p) OPD shall secure from each Contractor and transmit to the Design
Consultant warranties and similar submittals required by the Contract Documents for delivery
to City and Agency, and OPD shall deliver all keys, manuals, record drawings, and
maintenance stocks to City.
(q) OPD shall comply with the requirements of Section 6.5.1 of the DDA
regarding the posting, maintenance, and release of Performance Security or City Security in
connection with the Phase IC Improvements. OPD shall coordinate with City Representative
to obtain from the Phase IIC Cap Repair Contractor government security bonds required by
City for the Phase IIC Cap Repair prior to commencement of construction of the Phase IIC
Cap Repair.
(r) OPD shall coordinate efforts by all appropriate parties to complete the
punch list items identified by City, each Design Consultant and Contractor, and OPD.
(s) OPD shall obtain, or cause each Design Consultant or Contractor to
obtain, on behalf of City, permanent certificates of occupancy (or other appropriate and
necessary governmental documentation of acceptance or completion) with respect to the Phase
IC Improvements and Phase IIC Cap Repair.
Section 2.04 All Phases. During all phases of the Phase IC Improvements and Phase
IIC Cap Repair, OPD’s responsibilities will include the following:
(a) Providing City’s Representative with informal progress reports so as to
keep City fully apprised of the progress of the Phase IC Improvements and Phase IIC Cap
Repair, and providing City with the Draw Requests (as provided in Section 2.07) and the
Project Status Reports as provided in the PMP;
(b) Preparing and submitting to City supplements and refinements to the
Project Budget or any line item thereof for City or Agency’s Approval as development of the
Phase IC Improvements or Phase IIC Cap Repair move through their various phases to
completion;
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Development Management Services Agreement - FINAL
(c) Notifying City of any actual or anticipated change in the Project
Schedule of which OPD becomes aware;
(d) Coordinating and managing the performance of each Contractor, the
Design Consultant and the other consultants and subcontractors under their respective
contracts with City or OPD and communicating City’s instructions, requirements and
approvals provided for in such contracts after obtaining such instructions, requirements or
approvals with respect thereto;
(e) Assisting City with respect to City’s negotiations with all applicable
utility companies, whether governmental or otherwise, for the installation or modification of
all applicable utility services to the Phase IC Improvements and Phase IIC Cap Repair on a
timely basis, with City and OPD each bearing their allocated share of the cost of all required
utility deposits and costs of installation;
(f) Coordinating the performance of any tests and inspections required by
any governmental authority;
(g) Promptly notifying City upon learning of any event of default or event
which, with the giving of notice and the passage of time or both, might constitute a default or
event of default under any document or instrument pertaining to the Phase IC Improvements or
Phase IIC Cap Repair (including, without limitation, providing all materials and submissions
required thereunder). In the event of any default or event of default by any person, OPD shall
consult with City concerning the action to be taken with respect thereto and take such action as
City shall reasonably direct with respect to such default or event of default;
(h) Sending to City copies of all material written notices received by OPD
from each Design Consultant, each Contractor, other consultants and contractors and legal
authorities;
(i) Obtaining all third-party consents, approvals and permits necessary or
appropriate for the completion and operation of the Phase IC Improvements and Phase IIC Cap
Repair in accordance with the Approved Plans; and
(j) Performing generally such other acts and things as may be reasonably
required in accordance with this Agreement for the full and complete supervision,
coordination, planning, design, development, construction and completion of the Phase IC
Improvements and Phase IIC Cap Repair projects and advising and consulting with City with
respect thereto.
(k) Although the parties recognize and agree that engineering, landscape
architecture, construction and certain other services with respect to the Phase IC Improvements
and Phase IIC Cap Repair will be provided pursuant to contracts between City, OPD and other
third parties as contemplated by this Agreement, no delegation by OPD of any of its
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Development Management Services Agreement - FINAL
development management obligations hereunder shall be permitted without the prior written
consent of City and no such delegation shall relieve OPD of any responsibility or liability with
respect to such obligations hereunder. Notwithstanding the foregoing, City’s execution of this
Agreement shall serve as its written consent for OPD to engage the development management
services of the consultants identified in Exhibit D hereto.
Section 2.05 Post-Construction Services.
(a) OPD shall coordinate the transition of improvement systems operation
from each Contractor to City’s operating staff.
(b) OPD shall assist City in monitoring and administering work to be
performed under each Contractor’s warranties.
Section 2.06 Reserved.
Section 2.07 Draws.
(a) Commencing as of the date hereof and continuing through completion
of construction, OPD shall prepare and submit to City, on a monthly basis on the twelfth (12th)
of each month (each such date, a “Draw Date”), a “Draw Request”. The Draw Request for
the month shall include a project cost summary spreadsheet which shall be a static financial
account of all costs incurred (hard and soft) to date, any costs paid by OPD and any funding
required from Agency pursuant to the terms of the DDA and this Agreement together with any
additional information requested by City. Payment shall be made solely from Agency funds
on or before the thirtieth (30th) day of each month. Attached to the Application for Payment
shall be the invoices payable to all professional consultants with respect to the Project. Each
Draw Request shall be certified by OPD as being consistent with the terms and provisions of
this Agreement.
(b) In connection with the foregoing Draw Request submissions, OPD shall
organize and coordinate a schedule of monthly draw meetings to be attended by OPD, City, or
their respective affiliates, and OPD shall review applications for payment submitted by each
Contractor and other consultants and contractors and advise City and Agency with respect to
the appropriateness of such payments.
(c) Once construction of the Phase IC Improvements or Phase IIC Cap
Repair has commenced, OPD shall review the amounts due each Contractor.
Section 2.08 Lien Protection. OPD will exercise commercially reasonable efforts
consistent with the Performance Standards to cause a Contractor to obtain conditional lien
releases with respect to the contracts it is administering with respect to the Phase IC
Improvements and Phase IIC Cap Repair prior to making any payment under such contracts
and will obtain unconditional lien releases following such payment. OPD shall oversee each
Contractor in its processing of lien releases. OPD shall timely file a notice of completion upon
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Development Management Services Agreement - FINAL
completion of the work. OPD shall assist City in contesting any liens or causing any liens
which are recorded to be removed from the Property as directed by City. OPD shall track the
filing of any preliminary twenty- (20-) day notices pursuant to the provisions of California
Civil Code Sections 8100 et seq. (as effective January 1, 2017) against the Property and shall
notify City of the filing of any notices within three (3) business days of OPD’s discovery of
the same.
Section 2.09 Copies of Documents. OPD shall furnish to City such items as may be
included in the Contract Documents or as may be needed in connection with the Phase IC
Improvements and Phase IIC Cap Repair or as requested by City, as well as all modifications
thereof and addenda thereto.
Section 2.10 Time. OPD shall perform the Development Services as expeditiously as
is consistent with the Performance Standard and in accordance with the Project Schedule.
Upon request of City, OPD shall submit for City’s reasonable Approval updates to the Project
Schedule for completion of the Project, which Project Schedule shall include allowances for
periods of time required for City’s Approval of submissions, and for approvals of authorities
having jurisdiction over the Project. With respect to actual Force Majeure delays, the Project
Schedule shall be automatically extended for a period of time commensurate with the time
such delay is in effect, and OPD shall submit to City written notice of its intent to update the
Project Schedule accordingly.
Section 2.11 Reserved.
Section 2.12 Cost Overruns.
(a) Prior to execution of an OPD-Contractor Agreement, OPD shall
negotiate the price, including all costs and expenses to be paid under the OPD-Contractor
Agreement, and the form and terms of the OPD-Contractor Agreement, all of which must be
consistent with the Project Budget or, as applicable, the Phase IIC Cap Repair Project Budget.
(b) For purposes of this Agreement, the following terms shall have the
following meanings:
(i) “Cost Overrun” means, (i) the amount, if any, by which actual
Project hard and soft costs exceed or are reasonably projected by City and OPD (after taking
into account reasonably projected savings in any line items) to exceed the Budgeted Costs; and
(ii) any amount not otherwise included in the Project Budget that is necessary to complete the
Phase IC Improvements or, if applicable, the Phase IIC Cap Repair. In the event any revision
to the Project Budget hereafter shall revise the Budgeted Costs below the total amount set forth
on Exhibit A as of the date of this Agreement, then, for purposes of calculating Cost Overruns
in all events, no Cost Overrun shall occur unless and until the actual Project hard and soft costs
exceed (after taking into account reasonably projected savings in any line items) the Budgeted
Costs set forth on Exhibit A hereto as of the date of this Agreement.
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Development Management Services Agreement - FINAL
(ii) “Achieved Cost Savings” means any actual demonstrated cost
saving in any hard cost line item or soft cost line item (set forth in the Project Budget)
following the completion of all of the work pertaining to such line item as determined by City
in its reasonable Approval after delivery by OPD of a Budget Adjustment Request. Consistent
with DDA Section 3.4.3 and Exhibit 3.4.1, City shall be entitled to any cost savings associated
with Phase IC improvements construction, provided that any cost savings associated with
construction of the Streets and Utilities at the Hub shall be paid by the Parties toward the
construction of Phase IIC Improvements, as set forth in DDA Section 3.4.3.
(iii) “Contingency” means the hard cost contingency line item and
the soft cost contingency line item set forth in the Project Budget as such line item may be
decreased through usage.
(iv) “Unavoidable Cost Overruns” means cost overruns resulting
from additional costs incurred as a result of changes in laws, rules, regulations or codes,
casualty and/or other matters beyond the reasonable control of OPD in its provision of
Development Services in accordance with the Performance Standard.
(c) Cost Overruns shall be funded as follows:
(i) First, any Cost Overruns shall be funded from Achieved Cost
Savings;
(ii) Second, any Cost Overruns shall be funded from the
Contingency;
(iii) Third, any Cost Overruns shall be funded by OPD and/or
Agency as required pursuant to the DDA.
Section 2.13 Certificates of Completion. OPD shall seek, and City shall, upon
approval of the improvements by the City, issue Certificates of Completion with respect to any
individual Phase IC Improvements, as well as a final Certificate of Completion confirming
completion of the Phase IC Improvements, consistent with the terms of the DDA.
ARTICLE III
Compensation of Development Manager
Section 3.01 Development Manager’s Fee. In consideration of the Development
Services to be performed by OPD and its consultants hereunder, Agency shall pay OPD a
development manager’s fee as set forth in the Project Budgets for the Phase IC Improvements
and the Phase IIC Cap Repair.
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ARTICLE IV
Termination and Events of Default
Section 4.01 Right to Terminate.
(a) City may terminate this Agreement in the event that the Contractor has
not been issued a notice to proceed to begin the construction of the Phase IC Improvements or,
as applicable, the Phase IIC Cap Repair respectively within any time period required pursuant
to the DDA, subject to Force Majeure, in which event no further amounts other than (i)
monthly installments of the Development Management Fee which have accrued as of the date
of such termination, plus (ii) any reimbursable expenses in accordance with Section 3.02 shall
be payable to OPD.
(b) City or Agency may immediately terminate this Agreement for Cause,
in which event no further amounts other than (i) monthly installments of the Development
Management Fee which have accrued as of the date of such termination, plus (ii) any
reimbursable expenses in accordance with Section 3.02 shall be payable to OPD. For purposes
of this Agreement, “Cause” means that an Event of Default is in effect, without cure within
any applicable grace or cure period.
(c) If City shall materially breach its obligations hereunder, and such breach
remains uncured for a period of (i) in the event of a monetary default, fifteen (15) days, or (ii)
in the event of a non-monetary default, thirty (30) days, after written notification of such
breach, OPD may terminate this Agreement by giving written notice to City and Agency, in
which event, Agency shall remain obligated to pay OPD all unpaid fees and reimbursable
expenses incurred through the date of termination, which fees, costs and expenses shall be paid
in full within 30 days following such termination.
Section 4.02 Events of Default. In addition to Developer Events of Default and
Agency Events of Default identified under the DDA, which are incorporated by reference as
applicable to performance of this Agreement, each of the following shall constitute an “Event
of Default” with respect to OPD:
(a) Any material default in OPD’s performance of its obligation hereunder
(other than those defaults specified in the remainder of this Section 4.02);
(b) The misappropriation of funds of City or Agency by OPD or the
commission of an act of fraud against the City or Agency.
Upon the occurrence and during the continuance of an Event of Default, and
following provision of notice and expiration of all applicable cure periods as set forth in
Section 10.4 of the DDA, City or Agency shall have the right to terminate OPD for Cause
under Section 4.01(b) and shall have the right to exercise all remedies available at law or
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Development Management Services Agreement - FINAL
equity, and in accordance with Article X of the DDA.
Section 4.03 Survival. All representations made by OPD herein, together with any
and all causes of action and other rights and remedies which City or Agency may have as a
result of breach of any representation of this Agreement, shall survive any expiration or
termination of this Agreement for a period of six (6) months. All indemnification obligations
of either party shall survive this Agreement in accordance with Section 11.8 of the DDA.
Section 4.04 City’s Right Upon Termination. Upon a termination of this Agreement
for any reason, within five (5) business days of termination, OPD shall deliver to City all
Project documents in OPD’s possession or control.
ARTICLE V
Insurance
Section 5.01 DDA Applies. OPD shall comply with the insurance requirements set
forth in Section 6.6 of the DDA.
Section 5.02 Owner Controlled Program. Not later than sixty (60) days prior to
commencement of construction of the Phase IC Improvements, OPD will obtain at least two
(2) estimates for policies of insurance providing blanket coverage for all typical and customary
design and construction-related activities (such as an owner controlled insurance program).
The parties will review the estimates and if such coverage is found to be financially and/or
administratively beneficial to the Phase IC Improvements and Phase IIC Cap Repair, OPD will
obtain such policies of insurance for development of the Property, as well as the additional
Developer Property owned by OPD that is subject to the DDA and DA, including enhanced
environmental and wrap policies. In the event OPD obtains blanket coverage for the Property,
it shall administer such policy and, to the extent applicable to the Property, coordinate with
City. In the event that OPD and City agree that OPD shall not obtain such blanket coverage for
the Property, OPD shall assist City in administering any construction-related insurance
policies (including any wrap policy) maintained by City with respect to the Phase IC
Improvements and, as applicable the Phase IIC Cap Repair, by providing information and
facilitating the City’s processing of claims until the final Certificate of Completion for the
Phase IC Improvements or, as applicable, the Phase IIC Cap Repair has been issued.
ARTICLE VI
Representation and Warranties, Indemnification and Limitation of Liability
Section 6.01 OPD’s Representations and Warranties.
(a) OPD represents and warrants that it is a limited liability company duly
organized, existing and in good standing under the laws of the State of Delaware, and in good
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Development Management Services Agreement - FINAL
standing and authorized to do business in California. OPD’s sole members are: (i) Greenland
Oyster Point, Inc., a Delaware corporation; (ii) PA Oyster Point LLC, a Delaware limited
liability company; (iii) Agile Investment Holding (US) Limited, a Delaware corporation; and
(iv) Oyster Point Project, LLC, a Delaware limited liability company. All other
representations of Developer under Article II of the DDA are incorporated by reference into
this Agreement as though set forth in full herein.
(b) Reserved.
Section 6.02 Indemnification.
(a) The indemnification provisions set forth in the DDA are incorporated by
reference into this Agreement as though set forth in full herein.
(b) In addition to OPD’s indemnification obligations set forth in Section
6.14 of the DDA, OPD agrees, at its sole cost and expense, to defend, indemnify and hold
harmless City and Agency and their officers, employees and agents, successors and assigns,
from (i) any claim for damages or injuries to persons or property arising from (A) the
negligence or willful misconduct of OPD or its Personnel or agents, (B) a material breach of
OPD’s obligations hereunder or (C) OPD acting outside of its scope of authority set forth
herein. Nothing contained in this section shall require OPD to defend, indemnify or hold
harmless Agency or City or any of its officers, employees and agents from any claims or
actions (i) that result from gross negligence or willful misconduct on the part of Agency or
City or (ii) that result from a breach of City or Agency’s obligations hereunder.
(c) Reserved.
(d) Nothing herein will be deemed to indemnify either party against such
party’s own negligence or willful misconduct.
ARTICLE VII
Miscellaneous
Section 7.01 Notice. Any notice or approval required or permitted to be given
hereunder by one party to the other shall be in writing, and the same shall be given and shall
be deemed to have been received (i) upon actual receipt when personally delivered, (ii) on the
date of transmission, if given by electronic mail or other electronic means (with suitable
evidence of transmission retained by sender); (iii) on the delivery date as recorded by the
delivery service, if send by Federal Express or other overnight mail; or (iv) on the date of
receipt as noted on the signature card, if sent by certified mail, return receipt requested;
provided that all such notices are sent to the party at the addresses hereinafter specified.
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To City: City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attn: City Manager and Assistant City Manager
With a copy to: Meyers Nave
555 12th Street, Suite 1500
Oakland, CA 94607
Attn: Steven T. Mattas, Assistant City Attorney
To OPD: Oyster Point Development, LLC
401 Marina Boulevard, Suite 200
South San Francisco, California 94080
Attn: Taotao Song, Chief Executive Officer
With a copy to: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Attn: Zane Gresham
From time to time either party may designate another address or addressee for itself for all
purposes under this Agreement by giving to the other party not less than fifteen (15) days’
advance written notice of such change of address or addressee in accordance with the
provisions hereof. Refusal to accept delivery of notice shall be deemed receipt thereof.
Section 7.02 Reserved.
Section 7.03 Assignment; Binding Effect. OPD binds itself, its heirs, executors,
successors, assigns and legal representatives to City and Agency with respect to all covenants,
conditions, stipulations and provisions of this Agreement. Until completion of construction of
the Phase IC Improvements and Phase IIC Cap Repair, OPD shall not assign or transfer any
interest in this Agreement except (i) in accordance with Section 8.2.1 of the DDA, or (ii) with
the prior written consent of City. Transfers of ownership interests among the members of
Oyster Point Development, LLC shall be permitted.
Section 7.04 Reserved.
Section 7.05 Entire Agreement. Except as set forth in Section 1.01 hereof, this
Agreement represents the entire and integrated agreement between City and OPD and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by the party charged to be
bound thereby.
21
Development Management Services Agreement - FINAL
Section 7.06 Governing Law. This Agreement shall be construed in accordance with
the laws of the State of California.
Section 7.07 Reserved.
Section 7.08 Time of the Essence. Time is of the essence in connection with this
Agreement and each and every provision hereof.
Section 7.09 Headings. The section headings in this Agreement are for purposes of
reference only and shall not limit or otherwise affect any of the terms hereof.
Section 7.10 Waiver. The waiver of either party of any breach or violation of, or
default under, any provisions of this Agreement shall not be deemed a continuing waiver of
such provision or a waiver by such party of any other provision or of any subsequent breach or
violation of this Agreement or default thereunder.
Section 7.11 Services Prior to Execution. Notwithstanding the fact that this
Agreement is executed as of the date first set forth above, the parties recognize that a portion
of the work and services required hereunder was performed prior to such date, all of which
work and services shall be governed by the terms and conditions of this Agreement and shall
be deemed to be included as a part of Development Services. OPD shall not be entitled to any
additional compensation for such prior activities and services, except as expressly provided
herein.
Section 7.12 Severability. In case any one or more provisions set forth in this
Agreement, or the application thereof to any person or circumstance shall for any reason be
held invalid, illegal or unenforceable in any respect, any such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement or the application of
such provisions to other persons or circumstances, and this Agreement shall be enforced to the
greatest extent permitted by law. If, in City’s reasonable judgment, such invalidity, illegality
or unenforceability materially alters this Agreement, City shall have the right to terminate this
Agreement in accordance with Article IV hereof.
Section 7.13 Exculpation. No officer, director, employee, of City, Agency, or OPD
shall have any personal liability for any matter related to this Agreement
Section 7.14 Force Majeure. As used herein, the term “Force Majeure” shall mean
Force Majeure Event as that term is defined in Section 11.2.1 of the DDA.
Section 7.15 Effective Date and Term. This Agreement shall become effective as of
the date of execution of the Agreement between OPD and City. This Agreement shall remain
in effect as to the Phase IC Improvements until the issuance of the final Certificate of
Completion for the Phase IC Improvements has been issued by the City. This Agreement shall
remain in effect as to the Phase IIC Cap Repair until the issuance of the final Certificate of
Completion for the Phase IIC Cap Repair has been issued by the City.
22
Development Management Services Agreement - FINAL
Section 7.16 Dispute Resolution for Matters Decided Jointly by OPD and City. In
the event that the City Representative and the OPD Representative are unable to agree on any
issue that requires approval by the City and OPD and assuming the resolution of the issue does
not require additional funding beyond that set forth in Project Budget including any approved
amendments thereto or that resolution of the issue if agreed to between OPD and City is
contingent upon additional funding, the parties agree to implement the following process:
(a) The first step shall involve presentation of the issue to the Assistant City
Manager and Executive Vice President, OPD or their respective designees who shall have the
authority to resolve the matter upon mutual consent provided that adequate budget authority
exists for resolution of the issue. The Assistant City Manager and the Executive Vice President
shall consider and decide the issue within three (3) business days of presentation of the issue.
(b) The second step shall involve presentation of the issue to the City’s City
Manager and OPD’s Chief Executive Officer who shall have the authority to resolve the
matter upon mutual consent provided that adequate budget authority exists for resolution of the
issue. The City Manager and Chief Executive Officer shall consider and decide the issue
within three (3) business days of presentation of the issue. At the commencement of this
second step, OPD and City shall within three (3) business days of commencement of the
second step agree on a list of three mutually upon experts as set required by the third step.
(c) The third step shall involve the addition of a pre-selected expert to the
panel of the City Manager and Chief Executive Officer for any design or contracting disputes
that may need to be resolved in order to continue the timely implementation of the Phase IC
Improvements project or the Phase IIC Cap Repair. The expert shall be selected from a list of
three mutually agreed upon neutral experts. If the parties are not able to agree on expert from
the list the City Manager in his/her role as the Agency’s Executive Director and Chief
Executive shall each strike one name from the list of experts and the remaining expert shall be
designated expert. The decision on the dispute shall be determined by the votes of two of three
members.
If additional budget authority is necessary to implement the action, the City, shall as
set forth herein, take reasonable efforts to request the budget authority from the Agency,
Oversight Board and Department of Finance. During the time period for consideration of
additional budget authority, OPD or the City, in their sole and absolute discretion, may
advance the additional costs and may seek reimbursement from the Agency upon approval of
additional funding by Agency.
Section 7.17 SB 854 Compliance.
This Agreement is subject to compliance monitoring and enforcement by the California
Department of Industrial Relations (DIR), pursuant to California Labor Code section
1771.4. Prior to commencement of construction, OPD, the Contractor retained by OPD and its
subcontractors must be registered with the DIR and qualified to perform public work pursuant
23
Development Management Services Agreement - FINAL
to Labor Code Section 1725.5, subject to limited legal exceptions under Labor Code section
1771.1. For the avoidance of doubt, nothing in this Agreement shall require such registration
by Design Consultants or other consultants and contractors of OPD that are not otherwise
classified as public works contractors pursuant to the Labor Code.
In accordance with the provisions of Labor Code section 1773.3, OPD shall provide
notice to the DIR of the award of any public works contract subject to the requirements of
Chapter 1 of Part 7 of Division 2 of the Labor Code, within five days of the award. The notice
shall be transmitted electronically in a format specified by the DIR (see
https://www.dir.ca.gov/pwc100ext/) and shall include the name of the contractor, any
subcontractor awarded the contract and the contract award dates, the contract amount, the
estimated start and completion dates, job site location, and any additional information the DIR
requires.
[Signatures on following page]
24
Development Management Services Agreement - FINAL
City of South San Francisco,
a municipal corporation
By: ________________________________________
Mike Futrell, City Manager
Approved as to form:
By: ________________________________________
Jason Rosenberg, City Attorney
Oyster Point Development, LLC,
a Delaware limited liability company
By: ________________________________________
Taotao Song, Chief Executive Officer
2762531.1
25
Development Management Services Agreement - FINAL
Exhibit List
Exhibit A: Project Budget
Exhibit B: City Consultants
Exhibit C: Project Schedule
Exhibit D: Approved Design Consultants
Exhibit E: Project Management Process
Exhibit F: Current Plans and Specifications for Phase IC and Phase IIC Cap Repair
1/11/2017
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8
3
6
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2
4
5
EXHIBIT B
City Consultants
Land Fill Environmental Peer Reviewer Tetratech Environmental
Landscape Peer Reviewer RRM Design Group
Plan Checker (tbd)
Project Management and Administration Swinerton Management & Consulting
Legal Meyers Nave
In the event City needs to change consultants then City will consult with OPD regarding replacement.
Exhibit C
Project Schedule
This Project Schedule is draft and conceptual; it shall be updated when general contractor is selected to
perform the work.
Plan Review
Streets & Utilities 35% Design submittal January 2017
Landscape Schematic Design January 2017
Landscape Design Development May 2017
Streets & Utilities 65% Design submittal June 2017
Landscape Construction Documents August 2017
Streets & Utilities 95% Design Submittal October 2017
Streets & Utilities 100% Design Submittal October 2017
Cost Estimating
35% Design Cost Estimate February 2017
65% Design Cost Estimate July 2017
95% Design Cost Estimate November 2017
Permitting
Initial Draft of “Revised Closure Plan” to SMCLEA/RWQCB February 2017
Approval of Final Draft “Revised Closure Plan” May 2017
RWQCB initial draft of Revised Waste Discharge Requirements (WDR) March 2017
RWQCB 2nd draft WDR May 2017
Public Comment period ends for Waste Discharge Requirements June 2017
All landfill approvals received to break ground August 2017
Land Conveyance
Draft of Final Parcel Map February 2017
Submit all closing documents to Agency for review per DDA 4.2.1 June 2017
All permits for demolition, grading and building are received August 2017
Land Conveyance Closing August 2017
Payment first installment under DDA to City August 2017
Construction
Commencement of Construction September 2017
Construction Completion October 2018
Exhibit D
Approved Design Consultants
Consultant Responsibility
Langan Treadwell Rollo Geotechnical, Environmental
Wilsey Ham Civil Engineering, Surveying
James Corner Field Operations Landscape Architecture
Cumming Construction Management
Hathaway Dinwiddie Construction Company Preconstruction Services
Exhibit E
Project Management Plan (PMP)
(Attached)
Project Management Process (PMP)
For
Design and Construction Projects
Oyster Point Development Phase IC
Edited: January 6, 2017
TABLE OF CONTENTS
1.0 Executive Agreement
1.1 Project Manager
1.2 PMP Ratification
2.0 Introduction
3.0 Project Description & Scope
4.0 Project Resource Allocation Plan
5.0 Project Management Structure
6.0 Project Oversight Team
7.0 Integrated Project Team (IPT)
7.1 Roles & Responsibilities of the IPT Members
7.2 IPT Consultants and Contractors
7.3 IPT Contracting Authority
7.4 IPT Directory
8.0 Contract Administration & Status Reports
8.1 Project Schedule
8.1.1 Design Schedule
8.1.2 Construction Schedule
8.2 Project Budget
8.2.1 Project Budget Approval Process
8.2.2 Project Budget Revisions Process
8.3 Monthly Draw Process
8.3.1 Project Status Update
8.3.2 Project Budget Update
8.3.3 Project Payment Approval
8.3.4 Invoices with Backup
8.3.5 Monthly Cash Flow
8.3.6 Lien Waivers
8.4 Chart of Accounts
8.5 Draw Dates
8.6 Contingencies
9.0 Design Phase
9.1 Project Baseline
9.2 Design Submittals and Review Process
9.3 Current Working Estimates (CWE)
9.4 Design Changes Procedures
9.5 Design Milestone Meetings
10.0 Construction
10.1 Construction Change Procedures
10.2 Construction Quality Assurance Management
10.3 Construction Meetings
10.3.1 Weekly OAC Meetings
10.3.2 Construction Milestone Meetings
10.4 Construction Risk Manager
10.5 Commissioning Quality Assurance (QA) & Systems Testing
10.6 Substantial Completion
10.7 Deficiencies
10.8 Letter of Acceptance
10.9 Claims
10.10 Construction As-Built Drawings
10.11 Operations and Maintenance (O&M) manuals
11.0 Warranty Protocol
APPENDIX
Attachment – A: Project Management Structure
Attachment – B: IPT Directory
Attachment – C Project Schedule
Attachment – D: Example Project Budget
Attachment – E: Example Project Payment Approval
Attachment – F: Example Conditional Lien Waiver
Attachment – G: Example Unconditional Lien Waiver
Attachment – H: Chart of Accounts
Attachment – I: Example Monthly Project Status Report
Attachment – J: Example Change Order Log
Attachment – K: Example Form of Risk Register
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1.0 Executive Agreement
The Integrated Project Team (IPT) members listed below fully support the provisions of this
Project Management Process (PMP). Each team member is dedicated to the successful
execution of this project to ensure that the complete, comprehensive objectives of designing and
constructing the project are attained with minimum number of changes, at the least possible cost
growth, and within the agreed timeframe. The PMP is a living document and may be updated at
any time as required by the IPT. All changes to the PMP will be coordinated with the IPT for
concurrence prior to implementation.
1.1 Project Manager:
The Project Manager (PM) in the Oyster Point Development Infrastructure Phase IC
(“Phase IC Improvements”) is responsible for the overall execution of the project from
initiation of the Design Phase through the completion of Construction Bid documents,
including follow-on construction services. The PM reports to the IPT and is responsible
for developing and maintaining this PMP, in coordination with the IPT and IPT support
members. The PM will provide any updates to this PMP, with all supporting project
documentation, to all members of the IPT and will update the documentation as required
by the IPT.
1.2 PMP Ratification:
This PMP has been developed and fully coordinated with the IPT members and is
integral to the successful completion and occupancy of this project. The IPT members
are fully engaged and committed to work together within the guidelines of the PMP. Each
signatory acknowledges review and approval of this document.
IPT Member
Oyster Point Development, LLC Representative
IPT Member
City of South San Francisco/ South San Francisco
Successor Agency Representative
Support to IPT
Project Manager
Construction Manager
Support Team to City/Agency IPT
Client Representative
2.0 Introduction
The purpose of the Project Management Process (PMP) is to provide guidelines for design and
construction projects in conjunction with Agreement for Development Management Services,
dated _____, 2017 and the Disposition and Development Agreement (“DDA”), dated March 23,
2011. It is to be reviewed, approved, and signed by the IPT.
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Establish the framework and process for the management and execution of the procurement,
design, and construction of the Phase IC Improvements.
Outline the project scope, budget, construction resource requirements, roles, responsibilities,
authorities of the City of South San Francisco (“City”) and the South San Francisco
Successor Agency (“Agency”), and Oyster Point Development, LLC (“OPD”).
Outline the technical performance requirements for the management and control of the
project from initiation of concept design through construction, and final delivery to the
customer/user.
Establish decision procedures for the review and resolution of inquiries and proposals for
changes.
Providing a quality project on schedule and within budget is the primary objective of all IPT
members and support team members. The operating procedure described in this plan
supplements existing regulations for the purpose of establishing more detailed and specific
relationships among organizations participating in this project. It is intended that this management
plan be a living document subject to change as conditions warrant or as project experience
dictates.
3.0 Project Description and Scope
OPD, the City and the Agency are parties to that certain Disposition and Development Agreement
(“DDA”), dated March 23, 2011 and pursuant to that certain Consent, Assignment and
Assumption Agreement dated August 18, 2016, which relate to development of specified real
property owned by OPD and the City, respectively. The DDA provides for construction of
improvements in Phases IC and IIC on the properties owned by City and OPD. The DDA
allocates costs and responsibilities for the design and construction of the improvements to
Phases IC and IIC. The City (acting on behalf of the City and Agency) and OPD desire to have
OPD manage design and construction of the improvements specified herein subject to the terms
set forth herein which are intended to be consistent with the allocation of responsibilities set forth
in the DDA.
4.0 Project Resource Allocation Plan
The Project Budget is shown in Attachment – D. The budget summary includes all Project Budget
estimated costs for the project including all project development costs, design services, site
preparation and construction costs, construction support, and project support costs.
5.0 Project Management Structure
See Attachment - A for Project Management Structure.
6.0 Project Oversight Team
The Project Oversight Team provides strategic leadership and oversight in the delivery of the
Phase IC Improvements program and resolves issues that cannot be resolved at lower levels.
Specifically, the Team will provide the following oversight and direction:
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Render decision on recommendations or changes presented by the IPT with input from IPT
support team members
Stay informed of the project development and status
Confirm and prioritize the requirements for the project
Resolve any issues that cannot be resolved at other lower project management levels.
Levels of Oversight:
o 1st Level of Project Oversight: Clara Tang, Executive Vice President and Marian Lee,
Assistant City Manager
o 2nd Level of Project Oversight: Taotao Song, Chief Executive Officer and Mike Futrell,
City Manager
7.0 Integrated Project Team (IPT)
The Integrated Project Team (IPT) is essential to the successful execution of the overall project
goals and objectives. The IPT support team members are advisory to the IPT members. The IPT
is established at the very onset of the initial project authorization and assists the PM in
developing the strategies for the design and construction processes and resource requirements.
7.1 Roles and responsibilities of the IPT Members:
1.Project Manager (PM): The Project Manager (PM) reports to and receives direction from the
IPT. The PM has the single point stewardship responsibility for all aspects of the project
during the execution and has overall responsibility for project management, schedule and
cost compliance. The Project Manager is the proponent of the acquisition planning and the
solicitation process. The PM represents the interests of both OPD and the Agency/City and
manages all associated services in the execution of this project including; a) environmental
requirements, b) schedules all project conformance review meetings, c) prepares the
agenda, coordinates time, d) prepares and distributes minutes, e) updates the required
Project Status Reports, f) briefs IPT on the project status during the weekly Project meetings,
and g) keeps them informed on conformance with the project, changes, and problem areas
regarding the project. The PM has a limited delegation of authority set by the IPT and has
the authority to direct the contractor within the scope of the contract.
The PM manages project funds that are within IPT’s control. The PM is the primary conduit
for all change orders, and correspondence associated with any contract that supports this
project. The PM coordinates all necessary approvals for changes by IPT members and
prepares and transmits requests for changes and all approved changes to the IPT.
2.Client Representative (CR): The CR is responsible for project coordination with the City and
the Agency and for reporting project status to the Project Oversight Team. The Client
Representative will support the PM in coordinating and validating Agency requirements and
requests for changes during the design and construction phases. CR will attend all design
and project review meetings, contractor selection activities, and the government’s
conformance review meetings representing the interests of the City and the Agency. The CR
represents the City and the Agency interests and objectives for this project. The CR will be
the primary point of contact representing user requirements.
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3.Construction Manager (CM): The Construction Manager (CM) reports to and receives
direction from the IPT. The CM has the main point of responsibility for all onsite construction
administration related aspects of the project once construction bid documents are issued and
through construction close out. The CM has overall responsibility for daily onsite construction
administration and schedule. The CM represents the interests of both OPD and the
Agency/City and manages all associated services in the execution of this project including; a)
construction administration b) construction schedule updates c) prepares project meeting
agenda and minutes, e) updates the required Project Status Reports, f) briefs IPT on the
project status during the weekly Project meetings, and g) keeps them informed on
conformance with the project, changes, and problem areas regarding the project. The CM
has a limited delegation of authority set by the IPT and has the authority to direct the
contractor within the scope of the contract.
7.2 IPT - Consultants and Contractors (Integrated Project Team)
1.Architect-Engineer (A/E): The A/E services may include but are not limited to the
following: program of requirements, conceptual design, project design manual, proposed
schematic design, design development, construction bid documents including
specifications, Construction Cost. The A/E services may include assisting the PM in
providing project conformance oversight and construction observation for in-place
elements for review of conformance. The Project Manager (PM) will enforce and
administer the existing contract. All changes to the A/E’s contract will be proposed and
implemented by the Project Manager and subject to approval by the IPT.
2.Construction Contractor: The firm awarded the contract is responsible for providing
Quality Assurance and Quality Control (QA/QC) in accordance with the contract. The PM
will provide conformance reviews with technical assistance from the A/E. All changes to
the contract will be proposed and implemented only by the Project Manager subject to
approval of IPT.
7.3 IPT Contracting Authority
The PM/CM are the only IPT members authorized to direct changes to the design and
construction contracts and such changes shall require prior authorization per Section
2.03(j) of the Agreement for Development Management Services. Changes that the IPT
determines should be made to the contracts must be directed through the PM. The IPT
must not provide any direction or clarifications to the contractor or his/her subcontractors
without going through the PM/CM. All issues that will impact the scope and intent of the
contract must be brought to the attention of the PM/CM for review and resolution by the
PM/CM.
7.4 IPT Directory (see Attachment – B)
The Integrated Project Team (IPT) directory provides the key point of contact for
coordination of project issues.
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8.0 Contract Administration and Status Reports
The Project Manager/Construction Manager is responsible for managing the overall project and
coordination of project issues and actions with the IPT. The PM/CM will ensure that accurate
project status reports are maintained and provided to the IPT members in a timely manner.
Project issues will be coordinated by various means including teleconference, electronic
messaging, and on-site meetings. The PM will establish uniform and consistent project reporting
processes with the IPT. The PM will coordinate and validate users’ requirements during the
programming and schematic design phase of the project.
Construction progress review meetings will be conducted as an expansion of the monthly/weekly
project conformance review meetings. These meetings will be held every 2 weeks or on an as-
needed basis. The construction progress review meetings will be attended by the IPT and chaired
by the PM/CM and may be held at the project site or by tele-conference calls. The expanded
agenda will address and resolve any outstanding project scope, cost, schedule, and pending
requests for changes.
8.1 Project Schedule (Attachment – C)
8.1.1 Design Schedule: The project design schedule will be developed by the PM and
coordinated with the IPT at the initial team meeting. A Project Design Schedule is
provided as an attachment to this PMP as Attachment – C. Considerations in the
development of the design project schedule will include the following factors:
Date of initial authorization to begin design
Each Phase of design (35% etc.) and review period
City review period durations
8.1.2 Construction Schedule: The construction schedule will be developed during the
development of the RFP. The construction schedule will be refined by the Project
Team during the final design development to establish all essential time lines.
The IPT will review the schedule to ensure appropriate durations have been
included for all aspects of the construction, to include the following
considerations:
1.Construction contract period of performance.
2.Commissioning.
3.Substantial Completion (contractor).
4.Final completion (all punch list/bond release items completed) (contractor).
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8.2 Project Budget (Attachment – D)
8.2.1 Project Budget Approval Process: The Project Budget is attached hereto as
Attachment D.
8.2.2 Project Budget Contingency: Based on size and complexity of the project, the
dollar threshold level for the Direct Cost Contingency and any amendments thereto will
be recommended by the Project Manager and subject to approval by the IPT.
8.2.3 Project Budget Revisions Process: The project budget revision will be
developed by the PM and distributed to the IPT for review and approval as required by
Section 2.02(a) of the Agreement for Development Management Services.
8.3 Monthly Draw Process
8.3.1 Monthly Project Status Report (Attachment – I): The Monthly Project Status
Report will be developed by the PM and distributed to the IPT for review on a monthly
basis as part of the draw package.
8.3.2 Change Order Log (Attachment – J): The Change Order Log will be developed
by the PM and distributed to the IPT for review on a monthly basis as part of the draw
package.
8.3.3 Project Payment Approval (Attachment – E): The project payment approval will
be developed by the PM and distributed to the IPT for review and approval on a monthly
basis as part of the draw package.
8.3.4 Invoices with Backup: The project invoices with backup will be vetted by the
PM and distributed to the IPT for review on a monthly basis as part of the draw package.
8.3.5 Monthly Cash Flow: The project cash flow and contingency budgets will be
updated on a monthly basis by the PM and distributed to the IPT for review as part of the
draw package.
8.3.6 Lien Waivers (Attachment - F & G): The project conditional and unconditional
lien waivers will be reviewed by the PM and distributed to the IPT for review on a monthly
basis as part of the draw package.
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8.4 Chart of Accounts (Attachment – H)
The project will utilize the chart of accounts as shown in Attachment H. The chart of
account has specific cost codes for both hard and soft project costs. If the chart of
accounts requires any revisions the PM will make these changes and distribute to the IPT
for review and approval.
8.5 Draw Dates & Distribution
The PM will distribute the monthly draw package electronically via email for review no later
than the 12th of each month to allow time for the IPT to review, approve and fund by the
30th of the month.
8.6 Contingencies
8.6.1 Direct Cost Contingency: The Direct Cost Contingency is to be used for
changes in the project scope as directed by the IPT and/or unforeseen conditions not
anticipated in the construction drawings.
8.6.2 Contractor Contingency: The Contractor Contingency (included within the 19%
General Conditions and mark ups line item) funds shall be used during the estimating
period to cover undeveloped detail in the progress drawings and then be reduced at the
time of the construction contract to be used for gaps in the buyout or other omissions by
the contractors.
8.6.3 Indirect Cost Contingency: The Indirect Cost Contingency is to be used for
unanticipated soft costs such as additional services by design consultants and/or additional
administrative costs.
9.0 Design Phase
All IPT and IPT support team members will be asked to formally review and comment on the
35%, 65% and 95% design documents and for landscape design at Schematic Design (SD),
Design Development (DD), and Construction Document (CD), to ensure that the project specific
requirements are incorporated in the design documents. The PM will provide copies to: City staff
for technical review and input. Additionally, the PM, or a designated representative, will perform
Technical and Environmental compliance reviews prior to issuing for bid, thereby minimizing the
potential changes during construction.
9.1 Project Baseline
The project baseline (“Baseline”) was previously established within the Disposition and
Development Agreement (“DDA”), dated March 23, 2011. Any changes to the Baseline
will require approval by the Project Oversight Team.
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9.2 Design Submittals and Review Process
The PM will distribute the design documents for review by the IPT at the following
milestones: 35%, 65% and 95% and for landscape design at Schematic Design (SD),
Design Development (DD), and Construction Document (CD). The IPT will have two
weeks to review and provide comments to the PM to be included in the next design
phase. During the review period, the design team will continue working on the design
documents as to not delay the design process. Following the 95% design review period,
changes will be incorporated as appropriate as the 100% Design documents.
9.3 Total Project Cost (TPC)
The total project Total Project Cost shall be developed by the Contractor and distributed
by the PM to the IPT at the 35% and 65% design and for landscape design at Schematic
Design (SD), Design Development (DD), and Construction Document (CD) milestones.
The General Contractor or project Preconstruction services provider, will provide at each
submittal an updated construction cost estimate. The IPT will review the TPC submittal,
provide comments, and approve or reject the TPC. The 95% and CD design documents
will service as the basis for the bid documents and any final changes in the 100% design
documents shall be incorporated into the construction contract. The PM shall update the
project TPC during construction as required and post the TPC as part of the monthly
Project Status Report.
9.4 Design Change Procedures
Any requested programmatic design changes during design phase shall be submitted by
the Client Representative to the PM in writing describing the scope and justification for
the change. The PM will review the change request into consideration and determine the
impact on funding, schedule and justification of requested change.
9.4.1 Programmatic Changes During Design: Changes need to be submitted in
writing by the Client Representative to the PM describing the scope and
justification for the change. Programmatic Changes are the result of
requirements that IPT determines were not originally identified during
programming and that need to be implemented into the design or new
requirements. A revised construction cost estimate and schedule reflecting the
requested design change impact(s) to project needs to be provided.
Implementation of Programmatic Changes: The PM will develop a description of
the scope change, a cost estimate, determine potential delays, and impact on
budget. Changes that impact the total project cost above the previously
established threshold or schedule shall be brought to the Project Oversight Team
for review and approval
9.5 Design Milestone Meetings
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The PM will schedule design milestone meetings with the IPT and City Staff at 35%,
65%, and 95% Design and for landscape design at Schematic Design (SD), Design
Development (DD), and Construction Documents (CD) milestones. The PM will schedule
interim design updates between milestones with the IPT and City Staff.
10.0 Construction Phase
The concept of informal partnering should be used for the construction of all projects. Partnering
creates an environment that nurtures cooperative team-building that is in pursuit of common
goals and objectives. This is an approach to conducting business that focuses on making the
goals of all the project stakeholder better understood and managed to achieve positive results.
10.1 Construction Change Procedures:
10.1.1 Technical Changes: These are changes that must be incorporated to allow the
construction to proceed on schedule and to provide a fully functional project. The change may
be generated as a result of differing site conditions, errors or omissions in the programming or
specifications, or changes in order to be code compliant. Funding for Technical changes is
covered by the Direct Cost Design Contingency funds and is managed by the Project Manager.
Approval of change orders shall be as set forth in Section 2.03(j) of the Agreement for
Development Management Services.
Implementation of Technical Changes: These changes, will receive top priority for
implementation. Approval authority for these changes rests with the Assistant City Manager and
must be processed through the PM within 10 working days. Technical changes are funded from
the Direct Cost Contingency funds. The PM will monitor the expenditure of the Direct Cost
Contingency funds. Expenditure of contingency funds shall be reported to City for monitoring
purposes. When a technical change (in the judgment of the PM) impacts the project’s
construction contingency funds the PM shall inform the IPT of the requested change and impact
to the project (see attached flow chart). When the IPT is in agreement with the technical change,
the PM shall inform the Project Oversight Team of the requested change and impact to the
project.
10.1.2 Programmatic Changes during Construction: These are generally requests for
changes to the construction contract initiated by the City and are covered under the Direct Cost
Contingency funds. Such changes after contract award are normally very expensive and may
delay completion of the project. They should be held to a minimum.
Implementation of Programmatic Changes: Programmatic Changes will be managed to avoid
exhausting available contingency funds prior to identification and resolution of all mandatory
technical changes. Implementation of program changes can not cause unacceptable schedule or
cost impacts to the contract.
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Program changes may be deferred for future consideration if funds are still available following
completion of the contract work. Deferred changes, if implemented, may be competitively bid in
a separate follow-on contract at the end of the main contract. Program changes may be
implemented during the basic contract work if they cannot reasonably be deferred due to the
nature of the work or if earlier implementation is in the best interest of the project stakeholders.
The PM and IPT will maintain a priority list of deferred program changes with preliminary cost
estimate(s).
All requests for program changes will be submitted by the Client Representative to the PM.
When required the PM will provide a written scope of work, preliminary cost estimate and impact
statement for the proposed program change. The PM will review the proposed change with the
IPT (scope change, schedule, cost estimate and impacts) to determine if the change is out of
project or contract scope, exceeds available funds or if the change should be deferred, the PM
and IPT will submit the requested change, along with the City approved source of funds, to the
Project Oversight Team for review and approval. If the change is approved, the PM may request
additional funds from the City for the change.
10.2 Construction Quality Assurance Management: Construction Quality Assurance is the
responsibility of the CM. The goal is to achieve a quality construction by conforming to the
contract requirements. A close working relationship facilitates communication and issue
resolution shall be established early in the project between the Contractor, the CM and the
PM to achieve this goal.
10.3 Risk Register: PM/CM shall prepare and submit to IPT on a monthly basis a Risk Register
and shall make recommendations to the IPT to resolve issues on the Risk Register
(Attachment - K).
10.4 Quality Assurance (QA) & Special Testing; All material testing and special inspection,
shall be identified in the specification. Testing and Special Inspections as required by
building code will be performed by an independent third party.
10.5 Substantial Completion: Prior to substantial completion and final acceptance of the
project, periodic conformance inspections shall be conducted on an area-by-area basis or
on a functional basis by the CM. The purpose of these conformance inspections is to
minimize delays and insure efficient turnover. The Contractor shall correct any construction
deficiencies identified during these visits before a final turn over is scheduled.
10.6 Deficiencies: At project completion, if the space is not safe and cannot be used for its
intended use, the PM shall first determine that any major deficiencies have been corrected;
before a final acceptance inspection is scheduled with the IPT, end-user representative(s)
and other participants is conducted. Teams may include representatives from the City and
PM, and others as appropriate.
10.7 Letter of Acceptance: Prior to turnover to the City, the CM shall obtain from the “Client
Representative” a signed “letter of acceptance”.
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10.8 City Assumes Responsibility: Upon substantial completion and turnover to the City, the
City will assume responsibility for the operation and maintenance of the project.
10.9 Claims: The CM will immediately inform the IPT if there are any pending claims. Upon
determination by the CM that a contractor’s claim in whole or in part has merit, the CM will
prepare a standard change request with the agreed amount and forward it with rationale for
merit to City for funding guidance. Standard procedures for estimating and negotiating will
be followed to assure timely execution of a completed contract modification to resolve the
claim. Approval of change orders shall be as set forth in Section 2.03(j) of the Agreement
for Development Management Services.
10.9 As-Built Documents: Completed as-built drawings including all electronic drawing files are
to be provided within 30 days of turnover and before final payment. The PM will ensure that
the contractor prepares the completed as-built drawings both red-line and on CADD. The
as-built drawings will be delivered to the City directly along with a copy of the specifications,
warranties, and O&M manual.
10.10 Operations and Maintenance (O&M) manual: Shall be identified in the General
Conditions of the Specification.
11.0 Warranty Protocol: The PM/CM will maintain a list of any deficiencies outstanding at substantial
completion. The PM/CM will coordinate closely with the contractor to insure prompt correction of
deficiencies. Prior to the handover date, the PM/CM will conduct a pre-warranty conference with
the contractor and with the City representative in attendance. During the pre-warranty conference
the contractor shall provide a list of sub-contractors, phone numbers and names of contact
person responsible for the execution of any warranty work.
The City will have the responsibility of administering the warranty program throughout the
contractually specified warranty period. The City upon notification of a possible warranty
requirement, will do an initial investigation to ensure that the problem is covered under warranty.
The City will then contact the contractor listed on the on the warranty list and issue a request for
corrective action. The City shall maintain a log of all warranty requests received with: request
date, actions taken, completion date or pending and will inform the initiators of such status on a
weekly basis. If required, the PM will assist in resolving warranty items in the event the contractor
is not available to respond in an expeditious manner.
At eleven (11) months after transfer, the PM/CM will conduct joint inspections with the contractor,
City and any other representatives to identify defects and plan corrective actions. The CM will
contact the City prior to these inspections for the list of warranty call log and potential latent
defects on the project. These items will be reviewed by the PM/CM for possible follow-up action.
During this same inspection, the PM/CM may conduct a Post Delivery Evaluation of the Project.
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(Attachment-A)
Project Management Structure
17
(Attachment – B)
IPT Directory
The Integrated Project Team (IPT) directory providing the key point of contact for
coordination of project issues is as follows:
POC
Project Manager:
(Steve Shanks, SKS Partners, LLC 601 California Street Suite 1310, San Francisco, CA 94108,
415-421-8200)
IPT Member – Oyster Point Development, LLC:
Clara Tang, 401 Marina Blvd., Suite 200, South San Francisco, CA 94080, (650) 878-6636)
IPT Member – City of South San Francisco/South San Francisco Successor Agency:
(Marian Lee, 400 Grand Avenue, South San Francisco, CA 94080, (650) 877-8500)
Client Representative:
(Dennis Wong, 260 Townsend Street, San Francisco, CA 94107, (415) 617-1451)
Construction Manager:
(Marcus Staniford, 475 Sansome Street, Suite 520, San Francisco, CA 94111, (415) 748-3097)
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(Attachment – C)
Project Schedule
This Project Schedule is draft and conceptual; it shall be updated when general contractor is selected to
perform the work.
Plan Review
Streets & Utilities 35% Design submittal January 2017
Landscape Schematic Design January 2017
Landscape Design Development May 2017
Streets & Utilities 65% Design submittal June 2017
Landscape Construction Documents August 2017
Streets & Utilities 95% Design Submittal October 2017
Streets & Utilities 100% Design Submittal October 2017
Cost Estimating
35% Design Cost Estimate February 2017
65% Design Cost Estimate July 2017
95% Design Cost Estimate November 2017
Permitting
Initial Draft of “Revised Closure Plan” to SMCLEA/RWQCB February 2017
Approval of Final Draft “Revised Closure Plan”May 2017
RWQCB initial draft of Revised Waste Discharge Requirements (WDR) March 2017
RWQCB 2nd draft WDR May 2017
Public Comment period ends for Waste Discharge Requirements June 2017
All landfill approvals received to break ground August 2017
Land Conveyance
Draft of Final Parcel Map February 2017
Submit all closing documents to Agency for review per DDA 4.2.1 June 2017
All permits for demolition, grading and building are received August 2017
Land Conveyance Closing August 2017
Payment first installment under DDA to City August 2017
Construction
Commencement of Construction September 2017
Construction Completion October 2018
19
(Attachment – D)
Example Project Budget
(Attach Example Project Budget)
1/11/2017
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20
(Attachment – E)
Example Project Payment Approval
21
(Attachment – F)
Conditional Lien Waiver Form
(Attach Conditional Lien Waiver Form)
7/1/12
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT.
A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT
THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has
for labor and service provided, and equipment and material delivered, to the customer on this job through
the Through Date of this document. Rights based upon labor or service provided, or equipment or
material delivered, pursuant to a written change order that has been fully executed by the parties prior to
the date that this document is signed by the claimant, are waived and released by this document, unless
listed as an Exception below. This document is effective only on the claimant's receipt of payment from
the financial institution on which the following check is drawn:
Maker of Check:
Amount of Check: $
Check Payable to:
Exceptions
This document does not affect any of the following:
(1)Retentions.
(2)Extras for which the claimant has not received payment.
(3)The following progress payments for which the claimant has previously given a conditional waiver
and release but has not received payment:
Date(s) of waiver and release:________________________________________
Amount(s) of unpaid progress payment(s): $_____________________________
(4)Contract rights, including (A) a right based on rescission, abandonment, or breach of
contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant's Signature:
Claimant's Title:
Date of Signature:
7/1/12
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT
NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT.
A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT
THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has
for labor and service provided, and equipment and material delivered, to the customer on this job. Rights
based upon labor or service provided, or equipment or material delivered, pursuant to a written change
order that has been fully executed by the parties prior to the date that this document is signed by the
claimant, are waived and released by this document, unless listed as an Exception below. This document
is effective only on the claimant's receipt of payment from the financial institution on which the following
check is drawn:
Maker of Check:
Amount of Check: $
Check Payable to:
Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $
Signature
Claimant's Signature:
Claimant's Title:
Date of Signature:
22
(Attachment – G)
Unconditional Lien Waiver Form
(Attach Unconditional Lien Waiver Form)
7/1/12
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU
HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL
WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has
for labor and service provided, and equipment and material delivered, to the customer on this job through
the Through Date of this document. Rights based upon labor or service provided, or equipment or
material delivered, pursuant to a written change order that has been fully executed by the parties prior to
the date that this document is signed by the claimant, are waived and released by this document, unless
listed as an Exception below. The claimant has received the following progress payment:
$___________________________________
Exceptions
This document does not affect any of the following:
(1)Retentions.
(2)Extras for which the claimant has not received payment.
(3)Contract rights, including (A) a right based on rescission, abandonment, or breach of
contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant's Signature:
Claimant's Title:
Date of Signature:
7/1/12
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP
PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS
DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE
NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER
AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant
has for all labor and service provided, and equipment and material delivered, to the customer on this
job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a
written change order that has been fully executed by the parties prior to the date that this document is
signed by the claimant, are waived and released by this document, unless listed as an Exception
below. The claimant has been paid in full.
Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $
Signature
Claimant's Signature:
Claimant's Title:
Date of Signature:
23
(Attachment – H)
Chart of Accounts
1-00-000 ACQUISITION AND DILIGENCE COSTS
1-02-001 Title Fees
1-03-001 Other Closing Fees
1-05-001 Legal
2-00-000 ENTITLEMENTS
2-01-001 Legal
2-05-001 Community Outreach
3-00-000 DIRECT COSTS
3-01-001 Direct Costs
3-50-001 Pre-Construction Services
3-51-001 General Conditions
3-55-001 Contractor Bonds
3-61-001 Escalation Allowance
3-62-001 Owner's Contingency
4-00-000 INDIRECT COSTS - CONSULTANTS
4-01-001 Architect
4-02-001 Structural Engineer
4-03-004 MEP Engineer
4-04-001 Geotechnical Engineer
4-05-001 Civil Engineer
4-07-001 Environmental Consultant
4-12-001 Code Consultant
4-18-001 Graphic Designer
4-22-001 Landscape Architect
4-24-001 Miscellaneous Consultants
4-25-001 Parking Consultant
4-30-001 Consultant Reimbursables
4-31-001 Lighting Consultant
5-00-000 OTHER INDIRECT COSTS/CONSTRUCTION
5-01-001 Permit/Plan Check Fees
5-02-999 Other Utility Connection Fees
5-03-001 Testing and Special Inspection
5-04-001 On Site Security
5-06-001 Development Management Fee
5-08-001 OCIP
5-09-001 Accounting Fees
5-13-001 Legal
5-17-004 3D Model
5-17-999 Other Marketing/Promotion
5-19-999 Other Project Admin Costs
5-20-001 Indirect Cost Contingency
5-21-001 Building Start-up and Commissioning
24
(Attachment – I)
Example Monthly Project Status Report
(Attach Example Monthly Project Status Report)
1
EXAMPLE MONTHLY PROJECT STATUS REPORT
Date
SCHEDULE UPDATES AS OF JANUARY 2017
1.INFORMATION BASIS
DATA VERSION STATUS DATE
Program Plan
Last Month’s Update
This Month’s Update
2.MAJOR REVISIONS TO THIS MONTH’S SCHEDULE
a.
3.SCHEDULE EXHIBITS
a.
4.KEY MILESTONES
MILESTONES PROG PLAN LAST MO. THIS MO.
5.CRITICAL PATH (RED BARS ON EXHIBITS)
ACTIVITY START FINISH
6.NEAR‐TERM, NEAR CRITICAL WITH <3 MONTHS OF FLOAT (YELLOW BARS ON EXHIBITS)
WBS ACTIVITY RESPONSIBILITY
7.NOTABLE VARIANCES IN THIS MONTH’S SCHEDULE
a.
8.COMMENTS
a.
9.UPCOMING CALENDAR ITEMS
a.
Note: Milestones reported on this sheet may differ from the supporting exhibits. As the schedule continues
to be refined over the coming months to incorporate approved baseline schedules from the contractors,
changes to intermediate milestones will be thoroughly vetted prior to reflecting those changes in this
overview exhibit.
25
(Attachment – J)
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17Prepared for the City of South San Francisco Concept Design for the Public RealmDRAFT February 23, 2011 Phase I Conceptual Landscape Plan for the Public Realm
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OYSTER POINT, South San Francisco Phase I Precise Plan DRAFT February 23, 2011 Perkins+Will Meyer+Silberberg Wilsey Ham IPD 20Overall Phase I Utility PlanN 0100
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0100OYSTER POINT, South San Francisco Phase I Precise Plan DRAFT February 23, 2011 Perkins+Will Meyer+Silberberg Wilsey Ham IPD 21Overall Grading & Drainage PlanN
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