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● A Wetland Protection and Replacement Plan (WPRP) as described in the EIR will not be required. ● Although the EIR declares that jurisdictional impacts will be mitigated at a ratio of 2:1, impacts to tidal waters (i.e., not vegetated wetlands or marsh) are typically mitigated at a ratio of 1:1 and CONSULTANT would pursue that approach as long as the City, as the CEQA lead agency, approves. ● The City will provide CONSULTANT with any comments received from regulatory agencies regarding the EIR. ● The same BA/EFH analysis will be used by the ACE to initiate consultations with NMFS and USFWS because the only federal-listed species under USFWS purview in these project phases is Delta smelt. ● A Section 2081 Incidental Take Permit (ITP) application from CDFW is not required and not included. If in-water work must occur outside of the in-water work window, resulting in potential effects to longfin smelt, an ITP will likely be required. An optional Section 2081 Incidental Take Permit Application is included under optional Task 8.8. ● A formal Section 404(b)(1) Alternatives Analysis will not be required by the RWQCB or the ACE. Preparation of a formal Section 404(b)(1) Alternatives Analysis is included under optional Task 8.10 ● The City will lead/conduct any public outreach required by BCDC and will provide CONSULTANT with summaries or documentation from public outreach efforts. ● The City will be able to provide documentation demonstrating legal interest in the property where the project would occur and documentation of local government approval of the project. ● Any previous environmental reports supplied to the City for the project will be provided to CONSULTANT. ● Any previous correspondence between the City and government agencies that relate to biological issues for the project will be provided to CONSULTANT. ● Any biological survey, assessment, or other reconnaissance is dependent on current conditions, and the biological data obtained may not be accurate or applicable in subsequent years. ● CONSULTANT cannot guarantee schedules or costs for actions taken by regulatory and other third - party entities with authority to approve project activities, as these actions are outside of CONSULTANT’s control. ● At this time compensatory mitigation is not envisioned to be required and the development of a Mitigation and Monitoring plan for a living shoreline, eel grass transplanting, or other form of mitigation is excluded ● The City will provide CONSULTANT with the APE to be analyzed in the Cultural Resources Report ● No cultural resources will be encountered during preparation of the Cultural Resources Report ● Property acquisitions (right of ways, easements, etc.) are not included ● Consultant shall provide a basis of design and design intent slab on grade foundation, specifications, plan layout, and elevations for contractor bid. Pre-fabricated restroom manufacturer to provide complete Construction Documents, elevations, structural calculations, and specifications for submittal and permit review as a deferred submittal submitted during construction. ● Consultant assumes that the Contractor will be responsible for maintaining and documenting the SWPPP through construction, requiring the services of a Qualified SWPPP Practitioner (QSP). This proposal also assumes that the project will be required to prepare a Risk Level 2 SWPPP, based on our experience of the surrounding area. Preparation of a more complicated SWPPP (Risk Level 3) has not been included in the proposed fee and is not anticipated. ● DTSC permitting is excluded. Should hazardous materials be discovered, additional testing, permitting and remediation shall be negotiated.