AGENDA
REGULAR JOINT MEETINGS
* * *
CLAYTON CITY COUNCIL
and
OAKHURST GEOLOGICAL HAZARD ABATEMENT
DISTRICT (GHAD)
* * *
TUESDAY, January 4, 2022
7:00 P.M.
*** NEW LOCATION***
This meeting is being held in accordance with AB 361, given the proclaimed state of emergency and the Contra Costa County Health Officer’s recommendation for social distancing for public meetings, which is also consistent with Cal OSHA requirements for social distancing, the City Council will be participating in meetings via phone/video conferencing. The public is invited to watch and participate via the methods listed below:
Mayor: Peter Cloven
Vice Mayor: Holly Tillman
Council Members
Jim Diaz
Jeff Wan
Carl Wolfe
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review on the City’s website at www.claytonca.gov • Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov • Any writings or documents provided to a majority of the City Council after distribution of the Agenda Packet and regarding any public item on this Agenda is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment that requires special accommodations to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda January 4, 2022 Page 2
Instructions for Virtual City Council Meeting – January 4 To protect our residents, officials, and staff, and aligned with the Governor’s executive order to Shelter-at-Home, this meeting is being conducted utilizing teleconferencing means consistent with State order that that allows the public to address the local legislative body electronically.
To follow or participate in the meeting:
1. Videoconference: to follow the meeting on-line, click here to register:
https://us02web.zoom.us/webinar/register/WN_06q0GcosRnmvy4dNOutGlw After clicking on the URL, please take a few seconds to submit your first and last name, and e-mail address then click “Register”, which will approve your registration and a new URL to join the meeting will appear.
Phone-in: Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial Telephone: 877 853 5257 (Toll Free)
2. using the Webinar ID and Password found in the e-mail.
E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms.
Calderon at [email protected] by 5 PM on the day of the City Council meeting. All E-mail Public Comments will be forwarded to the entire City Council.
For those who choose to attend the meeting via videoconferencing or telephone shall have 3 minutes for public comments.
Location:
Videoconferencing Meeting (this meeting via teleconferencing is open to the public) To join this virtual meeting on-line click here:
https://us02web.zoom.us/webinar/register/WN_06q0GcosRnmvy4dNOutGlw To join on telephone, you must register in the URL above, which sends an e-mail to your inbox, and then dial (877) 853-5257 using the Webinar ID and Password found in the e-mail. _____________________________________________________________________________________________ Agenda January 4, 2022 Page 3
* CITY COUNCIL *
January 4, 2022
1. CALL TO ORDER AND ROLL CALL – Mayor Cloven.
2. MEETING PROTOCOL VIDEO– City Clerk
3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.
4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of December 7, 2021. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here) (c) Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager) (View here)
(d) Approve a Resolution Authorizing the Fourth Amendment to an Existing Agreement with Harris & Associates for Professional Engineering Services. (City Manager) (View here)
(e) Fourth Quarter April, May, June Ending June 30, 2021 FY 2020/21 Investment Portfolio Report – Corrected Report. (Finance Director) (View here) (f) Resolution Approving Construction Change Order in the Amount of $128,746.22 Submitted by J.J.R. Construction, Inc.; Amending Agreement with Harris & Assoc. for an Increase of $15,810 for Design, Inspection and Construction Management Services; and Approving Re-Allocation of $144,556.22 from the Neighborhood Pavement Preservation Project (CIP 10449) to the City of Clayton Curb Ramp Improvement Project (CIP 10453) to Fund the Increases for a Revised Total Project Cost of $498,444.22. (City Engineer) (View here)
5. RECOGNITIONS AND PRESENTATIONS – None.
_____________________________________________________________________________________________ Agenda January 4, 2022 Page 4
6. REPORTS
(a) City Manager/Staff
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction, (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.
8. PUBLIC HEARINGS – None.
9. ACTION ITEMS
(a) Determination of Council Committee Assignments for 2022. (Mayor Cloven) (View here)
(b) Discussion and Direction to Staff Regarding Potential “Hero Pay”. (City Manager) (View here)
(c) Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals. (Community Development Director) (View here)
10. CLOSED SESSION
(a) Government Code Section 54957.6
Conference with Labor Negotiators
Agency-designated representatives: Mayor Cloven and Vice Mayor Tillman Unrepresented employee: City Manager
11. COUNCIL ITEMS – limited to Council requests and directives for future meetings.
12. ADJOURNMENT - the next regularly scheduled City Council meeting will be January 18, 2022. _____________________________________________________________________________________________ Agenda January 4, 2022 Page 5
# # # # #
* OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT *
January 4, 2022
1. CALL TO ORDER AND ROLL CALL – Chair Diaz.
2. PUBLIC COMMENTS
Members of the public may address the District Board members on items within the Board’s jurisdiction, (which are not on the agenda) at this time. To facilitate the recording, assure an orderly meeting and provide an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Chair’s discretion. In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Board may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.
Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the Board.
3. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by the Board with one single motion. Members of the Board, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question or input may request so through the Chair.
(a) Approve the Board of Directors’ minutes for its regular meeting December 7, 2021. (Secretary) (View here)
(b) A Resolution Approving a Third Amendment to an Existing Agreement with Harris & Associates for Engineering Support to the Oakhurst Geological Hazard Abatement District. (City Manager) (View here)
4. PUBLIC HEARINGS - None.
5. ACTION ITEMS – None.
6. BOARD ITEMS – limited to requests and directives for future meetings.
7. ADJOURNMENT – the next meeting of the GHAD Board of Directors will be scheduled as needed.
# # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes December 7, 2021 Page 1
MINUTES
OF THE
REGULAR MEETING
CLAYTON CITY COUNCIL
TUESDAY, December 7, 2021
1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 p.m. by Mayor Wolfe on a virtual web meeting and telephonically (877) 853-5257.
Councilmembers present: Mayor Wolfe, Vice Mayor Cloven, and Councilmembers Diaz, Tillman, and Wan. Councilmembers absent: None. Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, and City Clerk/HR Manager Janet Calderon.
2. MEETING PROTOCOL VIDEO – City Manager.
3. PLEDGE OF ALLEGIANCE – led by Councilmember Diaz.
4. CONSENT CALENDAR
It was moved by Councilmember Diaz, seconded by Vice Mayor Cloven, to approve the Consent Calendar items 4(a) – 4 (i) as submitted. (Passed 5-0). (a) Approved the minutes of the City Council’s regular meeting of November 16, 2021 and the City Council’s special meetings of November 29, 2021 and November 30, 2021. (City Clerk)
(b) Approved the Financial Demands and Obligations of the City. (Finance) (c) Adopted a Resolution No. 68-2021 of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361. (City Manager)
(d) Adopted Ordinance No. 492 to Amend Clayton Municipal Code Section 17.36.080 and Chapter 17.95 entitled “Medical and Adult-use Cannabis Regulations” Relating to Cultivation of Cannabis for Personal Use (ZOA-01-2021). (Community Development Director)
(e) Adopted Ordinance No. 493 Establishing Bidding Procedures in Accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.). (Community Development Director)
(f) Adopted Resolution No. 69-2021 Approving the 2021 Hazard Mitigation Plan, and Authorize Emergency Planning Consultants to Forward the Signed Resolution of Approval to FEMA for Issuance of a Final Letter of Approval. (City Manager) (g) Approved the National Opioid Litigation and Authorization to Participate in Settlement Agreements Arising from the Litigation. (City Attorney) (h) Approved Cancellation of the Regular Meeting of the Clayton City Council on December 21, 2021. (City Manager)
____________________________________________________________________________ City Council Minutes December 7, 2021 Page 2
(i) Received and Filed a Letter to District Attorney Diana Becton Regarding Concerns Over the Increase of Large-Scale Retail Thefts and Property Crimes in the Bay Area. (City Manager)
5. RECOGNITIONS AND PRESENTATIONS – None.
6. ANNUAL REORGANIZATION OF CLAYTON CITY COUNCIL
(a) Election of Mayor by the City Council
[Mayor Wolfe, to conduct the election]
Mayor Wolfe opened public comment.
Chris Wilder representing Supervisor Mitchoff’s office thanked the City Council for their service this past year.
Wendy Moore thanked the City Council for their dedication to the Clayton community.
Mayor Wolfe closed public comment.
Mayor Wolfe opened the nominations for Mayor. Councilmember Diaz nominated Jeff Wan for the office of Mayor.
Councilmember Tillman then nominated Peter Cloven for the office of Mayor.
Mayor Wolfe performed a roll call vote for the position of Mayor.
On call by Mayor Wolfe, the election of Jeff Wan as Mayor failed. (Failed 2-3 vote; Cloven, Tillman and Wolfe, No).
On call by Mayor Wolfe, the election of Peter Cloven as Mayor passed. (Passed 3-2 vote; Diaz and Wan, No).
(b) Election of Vice Mayor by the City Council
[Newly-elected Mayor to conduct the election]
Mayor Cloven opened nominations for Vice Mayor. Councilmember Wolfe nominated Holly Tillman for the position of Vice Mayor. There were no other nominations and Mayor Cloven closed the nominations.
Ernie DeTrinidad congratulated Mayor Cloven and Vice Mayor Tillman on their election.
Frank Gavidia expressed his dissatisfaction with the Mayor and Vice Mayor election this evening.
Bassam Altwal expressed his dissatisfaction with the previous public speaker.
AJ Chippero agreed with the previous public speaker.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes December 7, 2021 Page 3
Sandra Mazza expressed her shock at the interactions between the City Council members this evening.
Scott Denslow expressed his dissatisfaction with Councilmembers Diaz and Wan.
Dee Vieira thanked Councilmember Wolfe for his service and congratulated Mayor Cloven and Vice Mayor Tillman on their election.
Rachel Levy thanked Councilmember Wolfe for his service and congratulated Mayor Cloven and Vice Mayor Tillman on their election.
Edward Hartley thanked Councilmember Wolfe for his service and congratulated Mayor Cloven and Vice Mayor Tillman on their election. He requested the City Council work together.
Mayor Cloven closed public comment.
On call by Mayor Cloven, the election of Holly Tillman as Vice Mayor passed. (Passed 4-1 vote; Wan, No).
(c) Recognitions and remarks by new Mayor and Council Members.
Vice Mayor Tillman thanked Councilmember Wolfe for his nomination. She is looking forward to bringing the community together.
Mayor Cloven thanked Councilmember Wolfe for his service as Mayor and is looking forward to serving as Mayor in 2022. Mayor Cloven also requested kindness and respect to one another between the City Council and public comment.
7. REPORTS
(a) City Manager/Staff
City Manager Reina Schwartz provided a brief report regarding the Clayton Cares program noting 11 applications have been processed consisting of 2 individual and 9 business, and about a dozen more for review. Disbursements to go out around December 17, 2021.
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.
Councilmember Diaz announced today is the 80th Anniversary of the Attack on Pearl Harbor, met and made a presentation to a former Navy Pilot Louis Pat Patterson of Danville on his 100th birthday, attended the Morgan Territory Community Association meeting, attended the East Bay Regional Communications Systems Authority meeting, and met with the City Manager and Police Chief.
Councilmember Wolfe met with the City Manager regarding the Pine Hollow Road improvement Project, attended the Clayton Business and Community Association meeting, attended the Clayton Business and Community Association Tree Lighting event, attended the Contra Costa County Mayors’ Conference, met with central Contra ____________________________________________________________________________ City Council Minutes December 7, 2021 Page 4
Costa County Mayors’ with District Attorney Diane Becton regarding the prosecution levels with recent smash and grabs, attended Clayton City Council Closed Session and Special meetings, wrote newspaper articles, responded to constituent emails, and will be attending the East Contra Costa County Habitat Conservancy. He also thanked everyone for their kind words and the current City Council.
Councilmember Wan indicated the City Council received a letter from the Clayton Police Officers Association president detailing their work during the pandemic requesting consideration of supplemental pay recognizing the work that has been done.
Councilmember Diaz also requested City Council also consider City Staff for supplemental pay.
Vice Mayor Tillman attended East Bay Philanthropy awards event hosted by Opportunity Junction, attended the Clayton Business and Community Association general membership meeting, met with the City Manager, spoke to several people regarding the American Rescue Plan Funding program, and met with other local elected from surrounding cities.
Mayor Cloven attended the Contra Costa County Hazardous Materials Commission, attended the Contra Costa County Mayors’ Conference, attended the Clayton Business and Community Association Tree Lighting event, met with central Contra Costa County Mayors with District Attorney Diane Becton regarding the prosecution levels with recent smash and grabs, and spoke to several people regarding the American Rescue Plan Funding program.
8. PUBLIC COMMENT ON NON - AGENDA ITEMS
Wendy Moore announced upcoming events hosted by the Clayton Business and Community Association in 2021 and 2022.
Sandra Mazza promoted support of the renaming of Mount Diablo to Tuyshtak, meaning "at the dawn of time".
Ernie DeTrinidad encouraged the City Council work together as a group.
Scott Denslow provided a brief history of Mount Diablo and supported the renaming of Mount Diablo to Tuyshtak.
Mayor Cloven closed public comment.
9. PUBLIC HEARINGS – None.
10. ACTION ITEMS – None.
11. CLOSED SESSION – None.
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes December 7, 2021 Page 5
12. COUNCIL ITEMS
Councilmember Diaz requested a presentation of Cemex regarding a recent incident and requested a future agenda item considering use of American Rescue Plan Funds to be considered for Clayton Police and City staff.
Councilmember Wan requested a future agenda item considering use of American Rescue Plan Funds to be considered for Clayton Police and City staff.
Vice Mayor Tillman requested a future item to updated the City Council Policies and Procedures. She also requested a poll of City Staff regarding their working relationship with City Council.
13. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 8:18 p.m.
The next regularly scheduled meeting of the City Council will be January 4, 2022. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk
APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Peter Cloven, Mayor
# # # # #
Agenda Item: 4(b)
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: KATHERINE KORSAK, FINANCE DIRECTOR
DATE: 01/04/2022
SUBJECT: FINANCIAL DEMANDS AND OBLIGATIONS OF THE CITY
RECOMMENDATION:
It is recommended the City Council, by minute action, approve the financial demands and obligations of the City for the purchase of services and goods in the ordinary course of operations.
Attachments:
1. Invoice Report, dated 12/14/2021 (2 pages)
2. Invoice Report, dated 12/21/2021 (6 pages)
3. Invoice Report, dated 12/22/2021 (1 page)
4. Payroll Reconciliation Summary report PPE 12/17/2021 (1 page)
5. Obligations Report, dated 12/22/2021 (1 page)
Attached Report Purpose Date Amount
Paid prior to meeting - Obligations Report Accounts Payable 12/14/2021 103,000.00 $ Paid prior to meeting - Obligations Report Accounts Payable 12/21/2021 222,073.38 $ Paid prior to meeting - Obligations Report Accounts Payable 12/22/2021 $ 1,470.06 Payroll Reconciliation Summary Payroll, Taxes 12/17/2021 88,141.86 $ Obligations Report Accounts Payable 1/4/2022 274,301.10 $ Total Required $ 688,986.40
12/14/2021 City of Clayton Page 1
Invoice Report
Clayton Cares Program Checks dated 12/14/2021
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Artur Akopyan
Artur Akopyan 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Artur Akopyan: $5,000.00 $0.00 $5,000.00
Leonard J Cantanzaro
Leonard J Cantanzaro 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Leonard J Cantanzaro: $5,000.00 $0.00 $5,000.00 Chick Boss
Chick Boss 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Chick Boss: $5,000.00 $0.00 $5,000.00
Chickadee Beverages, LLC
Chickadee Beverages, LLC 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Chickadee Beverages, LLC: $5,000.00 $0.00 $5,000.00 Cinco De Mayo Taqueria
Cinco De Mayo Taqueria 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Cinco De Mayo Taqueria: $5,000.00 $0.00 $5,000.00 Clayton Historical Society
Clayton Historical Society 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Clayton Historical Society: $5,000.00 $0.00 $5,000.00 Clayton Pioneer
Clayton Pioneer 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Clayton Pioneer: $5,000.00 $0.00 $5,000.00
Clayton Theatre Company
Clayton Theatre Company 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Clayton Theatre Company: $5,000.00 $0.00 $5,000.00 Cup O' Jo
Cup O' Jo 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Cup O' Jo: $5,000.00 $0.00 $5,000.00
Dry Clean USA
Dry Clean USA 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Dry Clean USA: $5,000.00 $0.00 $5,000.00
Ed's Mudville Grill, Inc
Ed's Mudville Grill, Inc 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Ed's Mudville Grill, Inc: $5,000.00 $0.00 $5,000.00 Hair by Mindy
12/14/2021 Page 2
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Hair by Mindy 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Hair by Mindy: $5,000.00 $0.00 $5,000.00
Jenny D Lashes
Jenny D Lashes 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Jenny D Lashes: $5,000.00 $0.00 $5,000.00
Joyce Kelly
Joyce Kelly 12/14/2021 12/14/2021 ARPA Clayton Cares Program $1,500.00 $0.00 $1,500.00 Totals for Joyce Kelly: $1,500.00 $0.00 $1,500.00
Lenny's Barber Shop & Salon
Lenny's Barber Shop & Salon 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Lenny's Barber Shop & Salon: $5,000.00 $0.00 $5,000.00 Mathnasium of Clayton
Mathnasium of Clayton 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Mathnasium of Clayton: $5,000.00 $0.00 $5,000.00 Nails Naturally
Nails Naturally 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Nails Naturally: $5,000.00 $0.00 $5,000.00
Quality Food Brokers
Quality Food Brokers 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Quality Food Brokers: $5,000.00 $0.00 $5,000.00 Sweet Peas Floral Designs
Sweet Peas Floral Designs 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Sweet Peas Floral Designs: $5,000.00 $0.00 $5,000.00 Shelley Thomason
Shelley Thomason 12/14/2021 12/14/2021 ARPA Clayton Cares Program $1,500.00 $0.00 $1,500.00 Totals for Shelley Thomason: $1,500.00 $0.00 $1,500.00
TJ Cuts Corporation
TJ Cuts Corporation 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for TJ Cuts Corporation: $5,000.00 $0.00 $5,000.00 Valley Cleaners
Valley Cleaners 12/14/2021 12/14/2021 ARPA Clayton Cares Program $5,000.00 $0.00 $5,000.00 Totals for Valley Cleaners: $5,000.00 $0.00 $5,000.00
GRAND TOTALS: $103,000.00 $0.00 $103,000.00
City of Clayton
Invoice Report
Clayton Cares Program Checks dated 12/14/2021
Obligations
12/21/2021 Page 1
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Advanced Elevator Solutions, Inc
Advanced Elevator Solutions, Inc 12/21/2021 7/1/2021 44094 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 7/16/2021 40084 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 8/1/2021 44426 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 9/1/2021 44825 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 10/1/2021 45189 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 11/1/2021 45563 Elevator Service $124.00 $0.00 $124.00 Advanced Elevator Solutions, Inc 12/21/2021 12/1/2021 45944 Elevator Service $124.00 $0.00 $124.00 Totals for Advanced Elevator Solutions, Inc: $868.00 $0.00 $868.00 All City Management Services, Inc.
All City Management Services, Inc. 12/21/2021 11/17/2021 73226 School crossing guard svcs 10/31/21-11/13/21 $1,389.96 $0.00 $1,389.96 Totals for All City Management Services, Inc.: $1,389.96 $0.00 $1,389.96 ALTEC Industries, Inc.
ALTEC Industries, Inc. 12/21/2021 12/14/2021 50895485 Maint/repairs on boom truck $1,256.63 $0.00 $1,256.63 Totals for ALTEC Industries, Inc.: $1,256.63 $0.00 $1,256.63 American Fidelity Assurance Company
American Fidelity Assurance Company 12/12/2021 12/10/2021 6019310 FSA PPE 12/12/21 $128.45 $0.00 $128.45 Totals for American Fidelity Assurance Company: $128.45 $0.00 $128.45 Authorize.net
Authorize.net 12/21/2021 11/30/2021 November2021 Online bankcard gateway fee November 2021 $34.45 $0.00 $34.45 Totals for Authorize.net: $34.45 $0.00 $34.45
Bank of America
Bank of America 12/21/2021 11/30/2021 November21 Monthly svc chg November 2021 $258.91 $0.00 $258.91 Totals for Bank of America: $258.91 $0.00 $258.91
Bay Area News Group
Bay Area News Group 12/21/2021 11/30/2021 1317031 Legal ad November 2021 $404.20 $0.00 $404.20 Totals for Bay Area News Group: $404.20 $0.00 $404.20
Best Best & Kreiger LLP
Best Best & Kreiger LLP 12/21/2021 12/5/2021 922473 Legal svcs November 2021 $9,938.00 $0.00 $9,938.00 Best Best & Kreiger LLP 12/21/2021 12/5/2021 922474 PD Legal svcs November 2021 $1,903.00 $0.00 $1,903.00 Best Best & Kreiger LLP 12/21/2021 12/5/2021 922475 Project Legal svcs November 2021 $728.00 $0.00 $728.00 Best Best & Kreiger LLP 12/21/2021 12/5/2021 922476 Labor/Empl Legal svcs November 2021 $207.60 $0.00 $207.60 Best Best & Kreiger LLP 12/21/2021 12/5/2021 922477 Code Enf Legal svcs November 2021 $6,775.70 $0.00 $6,775.70 Totals for Best Best & Kreiger LLP: $19,552.30 $0.00 $19,552.30 CA Department of Justice
CA Department of Justice 12/21/2021 12/3/2021 551067 Fingerprinting November 2021 $49.00 $0.00 $49.00 City of Clayton
Invoice Report
(Paid Prior to Meeting)
Obligations
12/21/2021 City of Clayton Page 2
Invoice Report
(Paid Prior to Meeting)
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Totals for CA Department of Justice: $49.00 $0.00 $49.00 CalPERS Retirement
CalPERS Retirement 12/21/2021 12/12/2021 121221 Retirement PPE 12/12/21 $17,944.87 $0.00 $17,944.87 Totals for CalPERS Retirement: $17,944.87 $0.00 $17,944.87 Cintas Corporation
Cintas Corporation 12/21/2021 12/2/2021 4103537233 PW uniforms through 12/2/21 $59.91 $0.00 $59.91 Totals for Cintas Corporation: $59.91 $0.00 $59.91
Cintas Fire Protection
Cintas Fire Protection 12/21/2021 12/14/2021 OF44764780 EH Fire extinguisher service $631.64 $0.00 $631.64 Cintas Fire Protection 12/21/2021 12/14/2021 OF44764920 Library Fire extinguisher service $244.98 $0.00 $244.98 Cintas Fire Protection 12/21/2021 12/14/2021 OF44764909 CH Fire extinguisher service $929.30 $0.00 $929.30 Cintas Fire Protection 12/21/2021 12/14/2021 OF44764908 CH Fire extinguisher svc $870.57 $0.00 $870.57 Totals for Cintas Fire Protection: $2,676.49 $0.00 $2,676.49 City of Concord
City of Concord 12/21/2021 12/8/2021 91163 Live scan November 2021 $66.00 $0.00 $66.00 City of Concord 12/21/2021 12/2/2021 90917 Dispatch svcs January 2022 $25,639.87 $0.00 $25,639.87 Totals for City of Concord: $25,705.87 $0.00 $25,705.87 Comcast Business (PD)
Comcast Business (PD) 12/21/2021 12/1/2021 134748097 PD Internet November 2021 $967.42 $0.00 $967.42 Totals for Comcast Business (PD): $967.42 $0.00 $967.42 Comcast Business
Comcast Business 12/21/2021 12/5/2021 120521 Internet 12/10/21-1/9/21 $396.16 $0.00 $396.16 Totals for Comcast Business: $396.16 $0.00 $396.16
Concord Uniforms
Concord Uniforms 12/21/2021 12/6/2021 18978 PD uniform $342.15 $0.00 $342.15 Totals for Concord Uniforms: $342.15 $0.00 $342.15
Digital Services
Digital Services 12/21/2021 12/1/2021 11999 IT services 10/12/21-12/1/21 $4,095.00 $0.00 $4,095.00 Totals for Digital Services: $4,095.00 $0.00 $4,095.00
Dillon Electric Inc
Dillon Electric Inc 12/21/2021 12/1/2021 4549 Install Time clock & pedestal for xmas lights $310.00 $0.00 $310.00 Dillon Electric Inc 12/21/2021 12/6/2021 4552 Street light repairs 12/1/21 $855.41 $0.00 $855.41 Totals for Dillon Electric Inc: $1,165.41 $0.00 $1,165.41 Ennis-Flint, Inc
Ennis-Flint, Inc 12/21/2021 11/30/2021 262679 "Drains to creek" signs $2,650.13 $0.00 $2,650.13 12/21/2021 Page 3
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Totals for Ennis-Flint, Inc: $2,650.13 $0.00 $2,650.13
Kenneth Falconi
Kenneth Falconi 12/21/2021 12/1/2021 BP159-2021 Deposit refund $828.00 $0.00 $828.00 Kenneth Falconi 12/21/2021 12/20/2021 BP187-2021 Deposit refund $1,000.00 $0.00 $1,000.00 Totals for Kenneth Falconi: $1,828.00 $0.00 $1,828.00
Galaxy Press
Galaxy Press 12/21/2021 11/30/2021 35089 Budget printing/binding $631.78 $0.00 $631.78 Totals for Galaxy Press: $631.78 $0.00 $631.78
Geoconsultants, Inc.
Geoconsultants, Inc. 12/21/2021 12/7/2021 19245 Well monitoring November 2021 $1,546.50 $0.00 $1,546.50 Totals for Geoconsultants, Inc.: $1,546.50 $0.00 $1,546.50 Globalstar LLC
Globalstar LLC 12/21/2021 12/16/2021 25031139 Sat phone 12/16/21-1/15/22 $111.57 $0.00 $111.57 Totals for Globalstar LLC: $111.57 $0.00 $111.57
Graybar Electric Co, Inc
Graybar Electric Co, Inc 12/21/2021 11/17/2021 9324368948 Street light poles $4,296.63 $0.00 $4,296.63 Totals for Graybar Electric Co, Inc: $4,296.63 $0.00 $4,296.63 HdL Coren & Cone
HdL Coren & Cone 12/21/2021 12/10/2021 SIN013387 Contract Sales tax Q2 FY 22 $985.15 $0.00 $985.15 Totals for HdL Coren & Cone: $985.15 $0.00 $985.15
Health Care Dental Trust
Health Care Dental Trust 12/21/2021 12/20/2021 307185 Dental January 2022 $1,757.03 $0.00 $1,757.03 Totals for Health Care Dental Trust: $1,757.03 $0.00 $1,757.03 Jocelyn E Roland, PhD, APBB
Jocelyn E Roland, PhD, APBB 12/21/2021 12/10/2021 19793 PD pre-employment psychological screening $475.00 $0.00 $475.00 Jocelyn E Roland, PhD, APBB 12/21/2021 12/6/2021 19776 PD pre-employment psychological screening $475.00 $0.00 $475.00 Totals for Jocelyn E Roland, PhD, APBB: $950.00 $0.00 $950.00 Lexipol LLC
Lexipol LLC 12/21/2021 12/1/2021 INVLEX7374 Annual Law enforcement policy & training b $7,406.50 $0.00 $7,406.50 Totals for Lexipol LLC: $7,406.50 $0.00 $7,406.50
Management Partners
Management Partners 12/21/2021 12/2/2021 INV09993 CM Performance Eval 2021 $2,950.00 $0.00 $2,950.00 Totals for Management Partners: $2,950.00 $0.00 $2,950.00 Matrix Association Management
Matrix Association Management 12/21/2021 12/13/2021 17693 Diablo Estates Mgmt October 2021 $3,375.00 $0.00 $3,375.00 City of Clayton
Invoice Report
(Paid Prior to Meeting)
Obligations
12/21/2021 Page 4
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Matrix Association Management 12/21/2021 12/14/2021 17761 Diablo Estates Mgmt November 2021 $3,375.00 $0.00 $3,375.00 Matrix Association Management 12/21/2021 12/14/2021 17762 Diablo Estates Mgmt December 2021 $3,375.00 $0.00 $3,375.00 Totals for Matrix Association Management: $10,125.00 $0.00 $10,125.00 MB Contract Furniture, Inc
MB Contract Furniture, Inc 12/21/2021 12/3/2021 CLAY33703 Vertical file cabinet PD $2,955.18 $0.00 $2,955.18 Totals for MB Contract Furniture, Inc: $2,955.18 $0.00 $2,955.18 Mission Square Retirement
Mission Square Retirement 12/21/2021 12/21/2021 121221 457 Plan contributions PPE 12/12/21 $2,209.62 $0.00 $2,209.62 Totals for Mission Square Retirement: $2,209.62 $0.00 $2,209.62 Moore Iacofano Golstman, Inc
Moore Iacofano Golstman, Inc 12/21/2021 12/6/2021 72538 Housing element svcs October 2021 $11,730.00 $0.00 $11,730.00 Totals for Moore Iacofano Golstman, Inc: $11,730.00 $0.00 $11,730.00 MPA
MPA 12/21/2021 12/10/2021 91825424 Life/LTD November 2021 $1,670.63 $0.00 $1,670.63 Totals for MPA: $1,670.63 $0.00 $1,670.63
MSR Mechanical, LLC
MSR Mechanical, LLC 12/21/2021 11/30/2021 SVC003436 CH HVAC maint November 2021 $350.00 $0.00 $350.00 MSR Mechanical, LLC 12/21/2021 11/30/2021 SVC003435 Library HVAC maint November 2021 $527.17 $0.00 $527.17 Totals for MSR Mechanical, LLC: $877.17 $0.00 $877.17
Nationwide
Nationwide 12/12/2021 12/12/2021 121221 457 Plan contribution PPE 12/12/21 $500.00 $0.00 $500.00 Totals for Nationwide: $500.00 $0.00 $500.00
NBS Govt. Finance Group
NBS Govt. Finance Group 12/21/2021 12/20/2021 1221000456 CFD Admin Q3 FY22 $5,049.26 $0.00 $5,049.26 Totals for NBS Govt. Finance Group: $5,049.26 $0.00 $5,049.26 Occupational Health Centers of California
Occupational Health Centers of Califor 12/21/2021 11/16/2021 73604951 PD Pre-employment exam $776.00 $0.00 $776.00 Occupational Health Centers of Califor 12/21/2021 12/14/2021 73779881 PD Pre-employment exam $744.00 $0.00 $744.00 Totals for Occupational Health Centers of California: $1,520.00 $0.00 $1,520.00 Paysafe Payment Processing
Paysafe Payment Processing 12/21/2021 11/30/2021 November21 Online bankcard fee November 2021 $266.89 $0.00 $266.89 Paysafe Payment Processing 12/21/2021 11/30/2021 November21 OTC bankcard fee November 2021 $301.69 $0.00 $301.69 Totals for Paysafe Payment Processing: $568.58 $0.00 $568.58 PG&E
PG&E 12/21/2021 12/15/2021 121521 Energy 11/16/21-12/15/21 $31.86 $0.00 $31.86 PG&E 12/21/2021 12/11/2021 121121 Energy 10/22/21-11/19/21 $68.93 $0.00 $68.93 City of Clayton
Invoice Report
(Paid Prior to Meeting)
Obligations
12/21/2021 Page 5
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
PG&E 12/21/2021 12/2/2021 120221 Energy 10/21/21-11/18/21 $112.91 $0.00 $112.91 PG&E 12/21/2021 12/15/2021 121521 Energy 11/15/21-12/14/21 $19,387.17 $0.00 $19,387.17 Totals for PG&E: $19,600.87 $0.00 $19,600.87
Pond M Solutions
Pond M Solutions 12/21/2021 11/23/2021 7142 Fountain maint Oct & Nov 2021 $1,300.00 $0.00 $1,300.00 Totals for Pond M Solutions: $1,300.00 $0.00 $1,300.00
Quest Media & Supplies
Quest Media & Supplies 12/21/2021 11/26/2021 481725 Cisco Smartnet renewal $5,129.14 $0.00 $5,129.14 Totals for Quest Media & Supplies: $5,129.14 $0.00 $5,129.14 Site One Landscape Supply, LLC
Site One Landscape Supply, LLC 12/21/2021 12/8/2021 115127363-001 Irrigation parts $95.74 $0.00 $95.74 Totals for Site One Landscape Supply, LLC: $95.74 $0.00 $95.74 Sprint Comm (PD)
Sprint Comm (PD) 12/21/2021 11/29/2021 703335311-240 PD cell phones 10/25/21-11/25/21 $710.82 $0.00 $710.82 Totals for Sprint Comm (PD): $710.82 $0.00 $710.82
Staples Business Credit
Staples Business Credit 12/21/2021 11/25/2021 1639039743 Office supplies $629.36 $0.00 $629.36 Totals for Staples Business Credit: $629.36 $0.00 $629.36 State Water Resources Control Board
State Water Resources Control Board 12/21/2021 12/8/2021 WD-0192395 SWRCB annual permit fee FY22 $3,326.00 $0.00 $3,326.00 Totals for State Water Resources Control Board: $3,326.00 $0.00 $3,326.00 Texas Life Insurance Company
Texas Life Insurance Company 12/21/2021 12/21/2021 SMFOF1B20211219 Supplemental insurance $42.25 $0.00 $42.25 Totals for Texas Life Insurance Company: $42.25 $0.00 $42.25 Thor Doors and Construction, Inc
Thor Doors and Construction, Inc 12/21/2021 11/24/2021 01-18372PR Library door repair $275.00 $0.00 $275.00 Totals for Thor Doors and Construction, Inc: $275.00 $0.00 $275.00 US Bank (CM 9690)
US Bank (CM 9690) 12/21/2021 12/9/2021 1882173 Successor agency debt service due 2/1/22 $13,167.43 $0.00 $13,167.43 US Bank (CM 9690) 12/21/2021 11/24/2021 6340487 CFD Admin fee 11/1/21-10/31/22 $786.50 $0.00 $786.50 Totals for US Bank (CM 9690): $13,953.93 $0.00 $13,953.93 Verizon Wireless
Verizon Wireless 12/21/2021 12/1/2021 9894052096 PW cell phones 11/2/21-12/1/21 $190.90 $0.00 $190.90 Totals for Verizon Wireless: $190.90 $0.00 $190.90
Waraner Brothers Tree Service
City of Clayton
Invoice Report
(Paid Prior to Meeting)
Obligations
12/21/2021 Page 6
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
Waraner Brothers Tree Service 12/21/2021 12/7/2021 15842 Tree work Oakhurst Dr $1,800.00 $0.00 $1,800.00 Waraner Brothers Tree Service 12/21/2021 12/7/2021 15843 Tree work Clayton Rd $3,600.00 $0.00 $3,600.00 Waraner Brothers Tree Service 12/21/2021 12/6/2021 15841 Tree work Regency Dr $8,400.00 $0.00 $8,400.00 Waraner Brothers Tree Service 12/21/2021 12/8/2021 15840 Tree work CCP $12,000.00 $0.00 $12,000.00 Totals for Waraner Brothers Tree Service: $25,800.00 $0.00 $25,800.00 Western Exterminator
Western Exterminator 12/21/2021 12/2/2021 24785C Pest Control November 2021 $461.70 $0.00 $461.70 Totals for Western Exterminator: $461.70 $0.00 $461.70
Workers.com
Workers.com 12/21/2021 12/3/2021 131559 Seasonal workers week end 11/28/21 $2,509.24 $0.00 $2,509.24 Workers.com 12/21/2021 12/10/2021 131615 Seasonal workers week end 12/5/21 $4,182.04 $0.00 $4,182.04 Workers.com 12/21/2021 12/17/2021 131683 Seasonal workers week end 12/12/21 $4,168.09 $0.00 $4,168.09 Totals for Workers.com: $10,859.37 $0.00 $10,859.37
Zee Medical Company
Zee Medical Company 12/21/2021 11/19/2021 724608281 PW First aid cabinet restock $84.39 $0.00 $84.39 Totals for Zee Medical Company: $84.39 $0.00 $84.39
GRAND TOTALS: $222,073.38 $0.00 $222,073.38
City of Clayton
Invoice Report
(Paid Prior to Meeting)
Obligations
12/22/2021 City of Clayton Page 1
Invoice Report
(Paid Prior to Meeting)
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
AT&T (CalNet3)
AT&T (CalNet3) 12/22/2021 12/22/2021 17510570 Phones 11/22/21-12/21/21 $1,245.06 $0.00 $1,245.06 Totals for AT&T (CalNet3): $1,245.06 $0.00 $1,245.06
Moore Iacofano Golstman, Inc
Moore Iacofano Golstman, Inc 12/22/2021 12/20/2021 72803 Downtown prop proj November 2021 $225.00 $0.00 $225.00 Totals for Moore Iacofano Golstman, Inc: $225.00 $0.00 $225.00 GRAND TOTALS: $1,470.06 $0.00 $1,470.06
PAYROLL RECONCILIATION SUMMARY
BL070 CITY OF CLAYTON PAY-BL070-008 V7.1 PAGE 1
GENRECSM BRANCH 31 2021-018-01 PERIOD ENDING 11/30/2021 CURRENT DATE 12/14/2021 08:46:51 CHECK DATE 12/17/2021
TOTAL SUBJECT TAXABLE EMPLOYEE EMPLOYER THIRD TOTAL
EMPLOYER TAX ID GROSS GROSS GROSS RATE % TAX WITHHELD TAX PARTY SICK TAXES DUE FEDERAL ID: 94-1568979 FEDERAL INC TAX - EMPLOYEE 94-1568979 100,497.37 86,357.43 86,357.43 11,459.10 0.00 11,459.10 SOCIAL SECURITY - EMPLOYEE 94-1568979 100,497.37 96,487.15 2,647.50 6.2000 164.15 0.00 164.15 MEDICARE - EMPLOYEE 94-1568979 100,497.37 96,487.15 96,487.15 1.4500 1,472.69 0.00 1,472.69 SOCIAL SECURITY - EMPLOYER 94-1568979 100,497.37 96,487.15 2,647.50 6.2000 0.00 164.15 164.15 MEDICARE - EMPLOYER 94-1568979 100,497.37 96,487.15 96,487.15 1.4500 0.00 1,399.12 1,399.12 FEDERAL SUB-TOTAL 13,095.94 1,563.27 14,659.21
FEDERAL UNEMPLOYMENT TAX 94-1568979 100,497.37 96,487.15 0.00 .6000 0.00 0.00 0.00
STATE INCOME TAX WITHHOLDING
CA STATE 69813822 100,497.37 86,357.43 86,357.43 4,654.37 0.00 4,654.37 STATE W/H SUB-TOTAL 4,654.37 0.00 4,654.37
STATE UNEMPLOYMENT TAXES (EMPLOYER)
CA SUTA 69813822 100,497.37 96,487.15 4,351.80 2.6000 0.00 113.15 113.15 SUTA SUB-TOTAL 0.00 113.15 113.15
COUNTY INCOME TAX WITHHOLDING
COUNTY W/H SUB-TOTAL 0.00 0.00 0.00
CITY WITHHOLDING TAXES
CITY W/H SUB-TOTAL 0.00 0.00 0.00
ALL OTHER TAXES
Calif Training 100,497.37 96,487.15 4,351.80 .1000 0.00 4.35 4.35 OTHER W/H SUB-TOTAL 0.00 4.35 4.35
TOTAL TAX LIABILITY 17,750.31 1,680.77 19,431.08
================================================================================================================================================================================
PAYROLL LIABILITY TOTALS
TOTAL NET DIRECT DEPOSITS 29 64,057.43
TOTAL PARTIAL DIRECT DEPOSITS 2 900.00
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 64,957.43 ** TAX LIABILITY FROM ABOVE 19,431.08
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 19,431.08 ** TOTAL NET CHECKS 2 3,200.62
TOTAL VENDOR ACH PAYMENTS 9 552.73
** YOUR ACCOUNT 0982504799 AT BANK 121000358 HAS BEEN DEBITED FOR 552.73 ** GRAND TOTAL PAYROLL CASH 88,141.86
12/22/2021 City of Clayton Page 1
Open Invoice Report
Obligations
Vendor Name Due Date Date Invoice Number Invoice Description Balance Discount Expires On Net Amount Due Invoice Invoice Potential Discount
JJR Construction
JJR Construction 12/22/2021 12/22/2021 47-2021 ADA Ramp & Related Work $274,301.10 $0.00 $274,301.10 Totals for JJR Construction: $274,301.10 $0.00 $274,301.10 GRAND TOTALS: $274,301.10 $0.00 $274,301.10
Agenda Item: 4(c)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: January 4, 2022
SUBJECT: Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution of the City Council allowing for video and teleconference meetings during the COVID-19 state of emergency under AB 361.
BACKGROUND
AB 361 was recently passed by the State Legislature and signed by Governor Newsom and went into effect immediately. AB 361 continues many of the provisions related to the Brown Act that were in place under Executive Orders, which expired September 30, 2021 that allowed for video and teleconferencing during the state of emergency. Since AB 361 has been signed into law, the City can continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote social distancing are no longer recommended.
On September 20, 2021, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings. If in-person meetings need to occur, the County Health Officer recommends social distancing of six feet of separation between all attendees. The proposed resolution provides that the City Council and all subsidiary City boards and commissions may continue to hold video and teleconference meetings while the state of emergency is still in effect and physical distancing is recommended.
In order to continue to hold video and teleconference meetings, the City Council will need to review and make findings every thirty days that the state of emergency continues to directly impact the ability of the members to meet safely in person and that state or local officials continue to impose or recommend measures to promote physical distancing.
Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: January 4, 2022
FISCAL IMPACT
None.
Attachment:
Resolution of the City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Resolution ##-2022 January 4, 2022
RESOLUTION NO. ##-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON
ALLOWING FOR VIDEO AND TELECONFERENCE MEETINGS DURING THE COVID-19 STATE OF EMERGENCY UNDER AB 361
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency for COVID-19;
WHEREAS, AB 361 was recently passed by the State Legislature and signed by Governor Newsom and went into effect immediately and allows the City to continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote physical distancing are no longer recommended;
WHEREAS, on September 20, 2021 the Contra Costa County Health Officer issued recommendations for safely holding public meetings and strongly recommends on-line meetings and if in person meetings occur then recommends physical distancing of six feet of separation between all attendees;
WHEREAS, in light of this recommendation, the City Council desires for itself and for all other City legislatives bodies that are subject to the Brown Act to continue to meet via video and/or teleconference; and
WHEREAS, pursuant to AB 361 the City Council will review the findings required to be made every 30 days.
NOW THEREFORE BE IT RESOLVED the City Council hereby finds on behalf of itself and all other City legislative bodies: (1) a state of emergency has been proclaimed by the Governor; (2) the state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person; and (3) local officials continue to recommend measures to promote physical distancing.
BE IT FURTHER RESOLVED that the City Council and all other City legislative bodies will continue to meet via video and/or teleconference during the COVID-19 emergency.
PASSED AND ADOPTED by the Clayton City Council, State of California, on this 4th day of January 2022, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution ##-2022 January 4, 2022
THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Agenda Item: 4(d)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA J. SCHWARTZ, CITY MANAGER
DATE: January 4, 2022
SUBJECT: APPROVE A RESOLUTION AUTHORIZING THE FOURTH AMENDMENT TO
AN EXISTING AGREEMENT WITH HARRIS & ASSOCIATES FOR
PROFESSIONAL ENGINEERING SERVICES
___________________________________________________________________________
RECOMMENDATION
It is recommended that the City Council, by Resolution, amend an existing agreement with Harris & Associates for professional engineering services.
BACKGROUND
Since August 2017, the City has contracted with the firm Harris & Associates, Inc. for professional engineering services including serving as the City Engineer. In 2018 the Agreement was amended (First Amendment) to provide for the agreement to continue beyond the initial one-year term and to update provisions in compliance with state law. In April 2021 and August 2021, the Agreement was amended two additional times to update the named City Engineer.
DISCUSSION
Since the City’s initial agreement with Harris & Associates for City Engineering Services in 2017, a number of changes have taken place that now require updating the agreement. The Fourth Amendment to the Agreement proposes several changes to the Agreement:
1. The current Agreement with Harris & Associates expires December 31, 2021. In anticipation of that expiration, staff have been working with Harris on a proposal to extend services for a period of time. The Fourth Agreement would extend services by Harris through March 31, 2022.
2. A number of areas in the scope of services included with the original Agreement required some clarification on what services would be provided under which category in the Agreement (City Engineer, General Engineering, Assessment Districts, Land Development). The Fourth Amendment provides additional detail on how certain categories of expenses would be handled.
3. The structure of the Agreement has been a monthly retainer to be paid as a flat fee, without specifically being tied to the number of hours of service Harris provided in a given month. Some months this worked to the City’s advantage (if the City had Subject: Approve Fourth Amendment to Agreement with Harris & Associates Date: January 4, 2022
relatively more work to be done) and sometimes to Harris’ advantage (if there were less work required/requested by the City). Under the new Agreement, the work to be provided by Harris will be charged on a time and materials basis, up to a maximum not-to-exceed amount. This will help balance the City’s needs and budget.
4. While the original Agreement had a price escalator in place, the CPI adjustments authorized have not kept pace with the changes in cost experienced by Harris. The proposed Amendment reflects current costs for Harris to perform the work.
All other provisions of the agreement remain in place.
FINANCIAL IMPACT
The financial impact of the proposed Fourth Amendment is mixed. While it reflects higher perhour costs for work by Harris, moving to a time and materials basis, rather than a fixed retainer amount, could result in additional costs or savings depending on the work required by the City.
While it is more likely to result in increased costs, it will be incumbent on the City Manager to closely monitor what work is being requested from the City Engineering to manage costs. City experience under the new structure will be analyzed and any needed budget recommendations will be made at the time of the FY2021/22 Midyear Budget Review or with the Proposed FY2022/23 Budget.
At the same time as the City is extending services with Harris to ensure continuity of service, the City Manager will also be issuing an RFP(s) for City Engineering and other engineering services later in January with the goal of procuring a new agreement that will help manage costs and provide local services. The scope for that RFP will be shared with the Council and it is anticipated that a recommendation on award based on the RFP solicitation will be brought back to the City Council for action toward the end of the first quarter of 2022.
ATTCHMENTS
Attachment:1: Resolution
Attachment 2: Fourth Amendment to Agreement with Harris & Associates including Scope of Work/Fee Schedule
Attachment 3: Third Amendment to Agreement with Harris & Associates for Professional Engineering Services Attachment 4: Second Amendment (2021), First Amendment (2018) & 2017 Agreement with Harris & Associates for Professional Engineering Services
Resolution No. ##-2022 – Harris Extension January 4, 2022 RESOLUTION NO. ##-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON
AUTHORIZING THE FOURTH AMENDMENT TO AN EXISTING AGREEMENT WITH
HARRIS & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES
THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton has contracted since 2017 with the firm Harris & Associates for city engineering services including a designated City Engineer; WHEREAS, in August 2018, the First Amendment to the Agreement was approved by the City Council allowing the agreement to continue annually after an initial one-year period;
WHEREAS, in April and August 2021, the City of Clayton approved the Second and Third Amendments to the agreement with Harris & Associates related to the named City Engineering;
WHEREAS, the City of Clayton wishes to continue to contract with Harris & Associates for a City Engineer and city engineering services; and
WHEREAS, it is necessary to amend the existing agreement with Harris & Associates to better reflect current costs and need for services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does approve the Fourth Amendment to the existing agreement with Harris & Associates attached as Exhibit A.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton, California, at a regular public meeting thereof held on the 4th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. ##-2022 – Harris Extension January 4, 2022
THE CITY COUNCIL OF CLAYTON, CA
________________________________
Peter Cloven, Mayor
ATTEST:
Janet Calderon, City Clerk
Exhibit A
FOURTH AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This Fourth Amendment to the Professional Engineering Services Agreement (“Fourth Amendment”) is entered into on January 1, 2022 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement");
B. WHEREAS, the express term of theAgreement (Section 5) was for a period of one (1) year (twelve consecutive months} from the date of 15 August 2017; C. WHEREAS, the Agreement was modified via the First Amendment effective August 21, 2018 to extend the term of the agreement;
D. WHEREAS, the Agreement was modified via a Second Amendment updating the named City Engineer by City Council action on April 2021; E. WHEREAS, the Agreement was modified via a Third Amendment updating the named City Engineer by City Council action on August 3, 2021; F. WHEREAS, the costs and services required have changed since the initial agreement in 2017; and
G. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, in exchange for goodsandvaluable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Subdivision a of Section 2. Compensation of the Agreement is hereby amended to read as follows:
a. From January 1, 2022 through March 30, 2022, services and compensation shall be provided as shown in consultant’s Proposal for 90-day Extension of Professional Engineering Services dated December 8, 2021.
2. Subdivision b of Section 2 Compensation is deleted.
3. Subdivision c of Section 2 Compensation remains unchanged.
4. Section 5. Term of the Agreement is hereby amended to read in its entirety:
Exhibit A
a. Consultant shall perform its services in a prompt and timely manner and as directed and authorized by the City Manager. The term of this agreement shall continue until March 31, 2022 unless both parties agree to an extension of the timeframe for services.
5. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement including all prior amendments shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, City Clerk
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com December 8, 2021
Ms. Reina Schwartz
City Manager
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Subject: Proposal for 90 Day Extension of Professional Engineering Services Dear Reina:
Harris is pleased to have the opportunity of providing Professional Engineering Services to the City of Clayton for over 4 years. As you know, our current agreement is due for renewal at the end of Calendar Year 2021. Please accept this letter proposal to continue our services for another 90 days until March 31, 2022. This proposal reflects our agreed to re-structure of the administrative portion of the agreement as described in Attachment A as City Engineering Services and will be performed on Time and Material basis with a not-to-exceed budget amount of $15,000 per month. City engineering service requests will be prioritized to fit within this budget limit.
Any city engineering service requests that would exceed this allotted budget would be deferred as coordinated with the City. Land development and permitting services will be performed per the City’s Master Fee Schedule, and general engineering services and assessment districts municipal financing services will be performed per a separate proposal for each task as approved by the City. Our services will be performed per an agreement with the City, with all terms and conditions as stated within. This proposal also updates the fee schedule of the original Agreement (see Attachment B) to align with current rates.
Please know we are excited about continuing to work with you and your team. Please call me if you have any questions or need any further information about this proposed contract extension.
Sincerely,
Mark Nassar, P.E., MBA
Director, Program Management
Harris & Associates
Authorization to Proceed:
______________________________________
Reina Schwartz Date
City Manager
City of Clayton
2 Attachment A
SCOPE OF SERVICES
City Engineering Services
The role of the City Engineering team includes administration of engineering related processes and procedures, assist in CIP scoping and prioritization, representation as City Engineering at internal and agency meetings, approval of permits and waivers, availability to the public and private developers to handle matters dealing with the engineering functions of City government, coordination with other agencies the review of plans, projects and studies, assistance in the solicitation of proposals for CIP design work, assistance in the procurement of contractors and vendors for public works construction. The City Engineering team will also address failed infrastructure for immediate safety concerns and coordinate preliminary opinion on repair approach as well as coordinate with Maintenance staff on the maintenance, operations, and repair of public facilities.
General Engineering Services
The City of Clayton will have available a Harris team of specialized technical staff ready to perform studies, designs, project and construction management on any tasks or projects the City identifies. This efforts this team is prepared to perform includes the preparation of site evaluations, planning and preliminary engineering reports, plans and specifications for CIP construction projects, along with detailed schedules and cost estimates.
This work would include any necessary field work, drafting, design, surveying, environmental documents, bid assistance, construction management & inspection, and project management. Preparation of specialized engineering studies on a variety of subjects including, but not limited to drainage studies, traffic studies, and pavement evaluations.
Land Development and Permitting Services
Harris will provide staffing to represent the City and interact with the public in processing the City’s public permit applications. Staffing will be supported by a team of specialized engineers for plan check for civil engineering design plans which includes, but is not limited to street, sewer, water, recycled water, storm drain, fiber optic, grading, erosion control, signing & striping, street lighting, traffic signal and all related engineering studies, including hydrology and hydraulics, soils, water and sewer studies and structural analyses.
Assessment Districts Municipal Financing Services
Harris Municipal Financing team will provide services that support the annual administration and assessment levy determination for 6 of the City’s assessment districts and 1 Geological Hazard Abatement District. The team will evaluate budgets, debt service schedules, annual levy amounts and prepare the Engineer’s Report that setts the annual assessment rates for the next fiscal year. The team will attend the necessary meetings and provide a presentation at the public hearings meetings. This work will include as needed formation or annexation services and any required preparation of public noticing materials, assessment rolls, boundary maps, Community Facilities District Reports, Notices of Special Tax Liens, and tax tables. 3 Attachment B
CITY OF CLAYTON RATES:
Effective Contract January 1, 2022 – March 31, 2022
This Hourly Billing Rate Schedule is broken into billing rate ranges based on the level of professional assigned to perform the specific work. Each task order will include a specific budget based on the actual professional assigned to the work, the hours budgeted, and the specific billing rate for each professional.
General/Capital Engineering & Land Development (Hourly) City Engineer/Project Director $267
Senior PM $217-$283
Project Manager $169-$210
Senior Project Engineer $126-$145
Project Engineer $108-$115
Design Engineer $57
Construction Manager $195-$245
Inspector $165-$215
General Environmental Services (Hourly)
Project Director $270
Project Manager $159-$180
Project Analyst $90-$115
Assessment District/ GHAD Administration (Hourly)
Project Director $297
Senior PM $192
Senior Analyst $118
Analyst $101
Notes: Rates are subject to adjustment based on staff promotions during the effective period of the schedule.
Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications, and reproduction (except large quantities such as construction documents for bidding purposes).
* Construction Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area by the Department of Industrial Relations.
All sub-consultant charges are subject to a 10% markup.
ATTACHMENT 1
FIRST AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This First Amendment to the Professional Engineering Services Agreement ("First Amendment") is entered into on 21 August 2018 by and amongst the City of Clayton, California ("City"), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into that certain Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement").
B. WHEREAS, the express term of the Agreement (Section 5) was for a period of one (1) year (twelve consecutive months) from the date of 15 August 2017 and therefore shall automatically expire unless extended by written amendment.
C. WHEREAS, the City and the Consultant mutually desire to amend certain provisions of the Agreement for good and valued consideration to incorporate modifications in the Term and Compensation sections of which the parties hereby acknowledge and agree as follows:
AGREEMENT
Now therefore, in exchange for goods and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Subdivisions a. and b. of Section 2. Compensation of the Agreement are hereby amended to read as follows:
"a. From 01 September 2018 through 31 August 2019, the City shall continue to pay for services satisfactorily rendered by Consultant under the Agreement in accordance with the initial rates in the Schedule of Charges first approved in August 2017, as set forth in Exhibit "A." b. Commencing 01 September 2019 and every one (1) year thereafter (twelve consecutive months), the Schedule of Rates listed in Exhibit "A" will be increased as follows by the corresponding annual percentage increase in the June - June Consumer Price Index (CPI) issued by the Bureau of Labor Statistics, United States Department of Labor, CPI - All Urban Consumers (Base Period 1982-84 = 100) for the San Francisco - Oakland - Hayward, CA metropolitan statistical area:
1 1. Administrative (Funded By General Fund) Monthly Rate Monthly Rate is annually adjusted by 90% of the corresponding CPI increase, rounded up or down to the nearest whole dollar.
2. All Remaining Schedules of Hourly Rates (as contained in Exhibit "A") Hourly rates are annually adjusted by 100% of the corresponding CPI increase."
Subdivision c. of Section 2 shall remain in full force and effect.
2. Section 5. Term of the Agreement is hereby amended in its entirety to read as follows:
"Consultant shall perform its services in a prompt and timely manner and as directed and authorized by the City Manager. The term of this Agreement shall continue each year hereafter so long as the City or the Consultant is satisfied with its terms, conditions, and performance.
Consultant shall complete the services within. the term of this Agreement and shall meet any other established schedules and deadlines. Consultant's performance may be evaluated and reviewed by City on a periodic basis, as determined by the City in its sole discretion. A copy of the evaluation will be sent to Consultant for comments. If performed, the evaluation, together with the comments may be retained as part of the Agreement record."
3. Section 12. Indemnification of the Agreement is hereby amended in its entirety to read as follows:
"a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
2 b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise· be reduced. If Consultant's obligations to defend, indemnify, and/or hold harmless arise out of Consultant's performance of "design professional services" (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant's obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant's proportionate percentage of fault."
4. Section 15. Termination or Abandonment of the Agreement is hereby amended in its entirety to read as follows:
"Should the City or the Consultant wish to terminate the Agreement, each party has the right to do so by filing with the other a Notice of Termination with said notice having an effective termination date of ninety (90) days from the date of service of the notice. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, design works, City-procured software, electronic files and records, and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work."
5. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By: ____________________ __
Gary A. Napper
City Manager
ATIEST:
Janet Brown/ City Clerk
4 HARRIS & ASSOCIATES, INC.
By: __________________________ _
Printed Name: ---------------------- Its (title): _____________ _ By: __________________________ __
Printed Name: ---------------------- Its (title): ____________ _
ATTACHMENT B
CITY OF CLAYTON
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This Agreement is made and entered into as of August 14, 2017 by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 6000 Heritage Trail, Clayton, California 94517 ("City"), and Harris & Associates, Inc., a California Corporation, with its principal place of business at 1401 Willow Pass Road, Suite 500, Concord, CA 94520 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
City Engineer and Engineering Services (hereinafter referred to as "the Project"}.
B. Consultant desires to perform and assume resp~nsibility for the provision of certain professional engineering services required by the City on the terms and conditions set forth in this Agre·ement. Consultant is duly licensed and has the necessary qualifications to provide such range and scope of services.
C. The Parties desire ,by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide t.he City with the professional engineering services described in the Scope of Services attached hereto as Exhibit "A." For the purposes of the services provided by this Agreement, the Consultant shall report directly to and take assignments from the City Manager. The Consultant and the City Manager will meet on a weekly basis, at the discretion of the City, to discuss and review the progress of services provided under this Agreement.
With respect to claims that may be asserted by third parties arising from the Consultant's actions as City Engineer, the Consultant shall be entitled to assert any immunities or similar defenses that would be available to the City in defense of such actions against a City employee or official provided such immunities or similar defenses are legally extendable to Consultant. The City shall use commercially reasonable effort~ to include language in third party contracts requiring third party contractors and consultants to provide insurance and indemnification protection to .City's agents, including Consultant, to the same extent the City is provided insurance and indemnification protection. Notwithstanding anything to the contrary, nothing herein shall be construed or interpreted to be a guarantee that such insurance and indemnification protection shall be afforded to Consultant by third party contractors and consultants and their insurers.
1 2. Compensation.
a. The City shall pay for services satisfactorily rendered by Consultant under this Agreement in accordance with the Schedule of Charges set forth in Exhibit "A." b. The Schedule of Charges may be adjusted by mutual agreement of the City and the Consultant once annually, any changes to be effective on September 1st of the next year.
c. Consultant shall submit to City monthly itemized statement(s) which identifies the specific project(s) worked on, indicates the work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services provided since the effective date of this Agreement through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved and undisputed charges thereon. Consultant shall not be reimbursed for any expenses unless it received prior written authorization from the City or such expenses are otherwise authorized herein.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services rendered under this Agreement shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City. Upon termination or expiration of this Agreement, all such records shall be delivered to the custody of the City within thirty (30) calendar days of the effective date of such termination or expiration.
5. Term.
Consultant shall perform its services in a prompt and timely manner and as directed and authorized by the City Manager. The term of this Agreement is one (1) year (twelve consecutive months) from its effective date and shall go into effect on 15 August 2017. The Agreement may be extended by written amendment. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement. Consultant's performance may be evaluated and reviewed by City on a periodic basis, as determined by the City in its sole discretion. A copy of the evaluation will be sent to Consultant for comments. If performed, the evaluation, together with the comments shall be retained as part of the Agreement record. 2 6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance· caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; . war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Shoul.d such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume perforillance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, _including Cat/OSHA requirements.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transf~r this Agreement or any rights under or interest i·n this Agreement without the prior written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and Without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision· making them subject to all provisions stipulated in this Agreement. Nothing contained herein ·shall prevent Consultant from employing independent associates and subconsultants .as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is nor shall become an employee of City by virtue of this Agreement. The work tQ be performed shall be in accordance with the work de$Cribed in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shail not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3 a. Commercial General Liability
(i) The Consultant shall procure and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
( 1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per ProJect
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 1 0 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles,· in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
4 (iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a. self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the · Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the 'Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Cons~ltant shall r~quire all subconsultants to obtain and mai!ltain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant ·shall maintain professional liability or Errors and Omissions insurance appropf1ate to its profession, in a form a·nd with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall include or be endorsed ·to include limited contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) -The following insurance limits ·are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Combined Single Limit
$1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage ·
$1 ,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
5 - Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits under General Liability and Automobile Liability.
(iii) Requirements of specific coverage or limit.s contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and · amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effeGtive date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent · to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and 6 shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein ~nder General Liability and Automobile Liability shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability~ Further the limits set forth herein shall not be construed to relieve· the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations. to the City and shall not preclude the City from taking such other actions available to the City under· other provisions of the Agreement or law. h. Qualifying Insurers
(i) Al.l ·policies required shall be issued by acceptable insurance companies, as detennined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The f.oregoing requirements as to the types and lin:-its of insurt:\nce coverage to be maintained by Consu.ltant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If .at any time during the life of the Agreement, any pc;>licy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to optain the insurance it deems necessary· and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the· Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any ·of the officials, ·officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
J. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to . corr_1mence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subcorisultants.
7 12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, the City Council, members of the City Council, its employees, and authorized volunteers free and harmless from claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury, in law or equity, to property or persons, including wrongful death, (collectively, ~~claims') in any manner arising out of, pertaining to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
13. California Labor Code Requirements.
a. Consultant ·is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and ~~maintenance" projects. If the services are being performed as part of an applicable ~~public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to ·comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
14. VerificatiC?n of Employment Eliqibilitv.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same. 8 15. RESERVED.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California~ If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California.
17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such event, City shall be immediately given title and PO!;Session to all original field notes, drawings and specifications, written reports, design works, City-procured software, electronic files and records, and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request h_as hot been received, the charge for se.rvices performed during such task shall be the reasonable value of such services, based ori an amount mutually agreed to by· City and Consultant .of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof Which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or Compensation for termination of work.
b. Consultant may terminate its Obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only. in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, design works, electronic files and records, Cityprocured software, Drawings and Specifications and other documents, produced or developed for the Project shall~ upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Any modifications made by the· City or· any agents· . of t~e City to any of the Consultant'.s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City's sole risk and without liability to the Consultant.
19. Organization
. Consultant shall assign Scott Alman, PE, as City Engineer. The City Engineer shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein.
9 21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: City Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Attn: Scott Alman, P.E.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or. written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. ·<.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, 10 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifical.ly specified in writing.
28. Time of Essence
Time is of .the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, hi connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and agrees that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it ~greed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, . commission, percentage, brokerage f~e, gift or other co~s.ideration contingent upon or resulting from the award or making of·this Agreement. For brefich or violation of this provision, City. shall have the right to re~cind this Agree~ent without liability. For _the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obta!n any present or anticipated material benefit arising therefrom. ·
[SIGNATURES ON FOLLOWING PAGE]
11 SIGNATURE PAGE FOR PROFESSIONAL _SERVICES AGREEMENT
BETWEEN THE CITY OF CLAYTON
AND HARRIS & ASSOCIATES
IN WITNESS WHEREOF, authorized officials of the Parties have duly executed this Agreement as of the date first written above.
HARRIS & ASSOCIATES
By: By:
Printed Name: Lt~ V. (<"'~ Its: t:£0.
12 EXHIBIT A
Scope of Services and Schedule of Charges
(attach Exhibit A hereto)
13 EXHIBIT A
Hams & Assodates
CITY OF CLAYTON RATES:
Effective Contract NTP Date 2017- August 31.2018
Administrative (funded by General fund CG.F.ll
Monthly Lump Sum Retainer ·
Scope:
9LAYTON MONTHLY RATE
$9,.585.00/mo.
• Day-to-Day engineering related questions and calls from staff and public; • Attendance at City Council meetings as requested by the City Manager; • Attendance at weekly staff meetings;
• Compilation of the City's Capital Improvement Program (CIP) Budget; • Administration of the City's encroachment permit program; • Coordination with the Maintenance Department regarding maintenance, operations and the repair of public facilities;
• Enforcement and continuous update of the City's Standard Plans and Specifications for design and construction;
• Enforcement of City's Stormwater Management Program;
• Representation of the City's interests in regional transportation and funding issues; • Flood plain administration including responses to flood zone information requests.
ASsessment Dlstrlcf!GHAD Administration CHourlv. Non-G.F.l scott Alman
Alison Bouley
Brian Brown
Dennis Klingelhofer
KaChow
Teddy Aliconte
Capital ImProvement Program fHourtv. Non-G.F.l
Scott ·Almon
Jasmine Cuffee
Vijay Pulijol
Siva Natarajon
Kyle Corbert
Daniel Wilkins
Alvin Armstrong
KaChow
Teddy Alicante
Land Development (Hourly. Non-G.F.l
Scott Almon
Siva Notarajon
Kyle Carbert ·
Daniel Wilkins
KaChow
Teddy Alicante
CLAYTON HOURLY RATE
$190
$190
$180
$230
$105
$105
$190
$190
$180
$165
$165
$140
$140
$105
$105
$220
$175
$175
$150
$110
$110
Harris & Assodates
GE.NERAL ENGIN.EERING SERVICES CHo.urly, on G.F.l
Project Directors · ·
Senior Project Managers
Project Managers
Senior Project Engineers
Project Engineers
Senior Technical Support
Technical Support
GENERAL ENVIRONMENTAL SERVICES CHourlve Non-G.F.l
Project Director ·
Sr. Project Manager
Project Manager
Sr. Project Analyst
Project Analyst
Technical Support
STANDARD HOURLY RATE . $230
$200
$170
$140
$90
$130
$90
STANQABD HOURLY lATE
$230
$190
$150
$120
$90
$90
Notes: Rates are subject to adjustment based on staff promotions during the effective period of the schedule. -
Specific Scope of Services covered by the monthly lump sum retainer rate is detailed in the Scope of Services section of the contract between City of Clayton and Harris & Assoc. Those duties are the ooy-to-pay operational duties that are funded through the City's General Fund.
Unless otherwise indicated in the cost pr:oposal, h()ufty rates include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes).
*Inspectors working in the State. of California are subJect to the Preva11ing Wage Ra1es established for that area.
All sub-consultant charges are subject to a 10% markup.
Attachment 2
SECOND AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This Second Amendment to the Professional Engineering Services Agreement (“Second Amendment”) is entered into on March 11, 2021 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement");
B. WHEREAS, the express term of theAgreement (Section 5) was for a period of one (1) year (twelve consecutive months} from the date of 15 August 2017 and therefore shall automatically expire unless extended by written amendment; C. WHEREAS, the Agreement was modified via the First Amendment effective August 21, 2018;
D. WHEREAS, the current terms remain in effect consistent with the original Agreement and the First Amendment; and
E. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, in exchange for goodsandvaluable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 19. Organization of the Agreement is hereby amended to read as follows in full:
Consultant shall assign Bill Stracker, PE, TE as City Engineer. The City Engineer shall not be removed from the Project or reassigned without the prior written consent of the City.
2. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement including the First Amendment shall remain in full force and effect.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, City Clerk
Attachment 2
THIRD AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This Third Amendment to the Professional Engineering Services Agreement (“Second Amendment”) is entered into on August 4, 2021 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement");
B. WHEREAS, the express term of theAgreement (Section 5) was for a period of one (1) year (twelve consecutive months} from the date of 15 August 2017 and therefore shall automatically expire unless extended by written amendment; C. WHEREAS, the Agreement was modified via the First Amendment effective August 21, 2018;
D. WHEREAS, the Agreement was modified via a Second Amendment updating the named City Engineer by City Council action on April 2021; E. WHEREAS, the current terms remain in effect consistent with the original Agreement and the First Amendment; and
F. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, in exchange for goodsandvaluable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 19. Organization of the Agreement is hereby amended to read as follows in full:
Consultant shall assign Mark Nassar, PE as City Engineer. The City Engineer shall not be removed from the Project or reassigned without the prior written consent of the City.
2. Except as otherwise specifically set forth in this Agreement, the remaining provisions of the Agreement including the First Amendment shall remain in full force and effect.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, City Clerk
[Type here] Agenda Item: 4(e)
STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: KATHERINE KORSAK, FINANCE DIRECTOR
DATE: JANUARY 4, 2022
SUBJECT: FOURTH QUARTER APRIL, MAY, JUNE ENDING JUNE 30, 2021 FY 2020/21 INVESTMENT PORTFOLIO REPORT – CORRECTED REPORT
The initial report was prepared by former Interim Finance Director, Sandra Sato on October 1, 2021. This is a correction to that work.
RECOMMENDATION
It is recommended the City Council accept the revised City Investment Portfolio Report for the fourth quarter (April May June) of the fiscal year ending June 30, 2021 (FY 2020/21).
BACKGROUND
Pursuant to section XIII of the City of Clayton Investment Policy, the Finance Director is required to submit a quarterly investment report to the City Council. This quarterly report is also designed to meet the local agency reporting requirements outlined in California Government Code section 53646.
The FY 2020/21 corrected fourth quarter report is provided herein.
The City’s Investment Policy guides staff and its advisors for all investment activities. Permitted investment activities are primarily governed by state law (California Government Code sections 53600-53610) and the City’s adopted Investment Policy. The City’s Investment Policy is consistent with state law and is designed to be more restrictive for the purpose of added safety and liquidity, which take precedence over yield. Section XVI of the Investment Policy states it shall be periodically reviewed by the City Treasurer and the City Council to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return on investments, along with its relevance to current law, financial and economic trends, and to meet the needs of the City. The policy was last amended by the City Council, following recommendation by the former Finance Manager and City Treasurer on November 20, 2018 to add the California Asset Management Program (CAMP) as an authorized investment type. The Policy was last reviewed on November 17, 2020. No revisions to the Policy are being recommended at this time.
Subject: Fourth Quarter FY 2020/21 Investment Portfolio Report Date: January 4, 2022
DISCUSSION
With the fourth quarter of the 2020/21 fiscal year complete, year-to-date interest earnings across all funds for the City are $274,726.37 which is 15% higher than the budgeted amount of $239,663. The interest revenue allocations across funds had previously been done incorrectly and have now been correctly allocated. The general fund’s total interest revenue for the year is $113,320.77, which is 13% above the budget of $100,000. Please refer to the attached Income Statement, Budget to Actuals Report for the interest revenue account 5601, across all funds.
For the quarter ending June 30, 2021 the highest yielding investment type, investments in certificates of deposit, government agency bonds, and corporate bonds and notes comprised approximately 67.04% of the portfolio with a collective weighted average interest rate of 1.5%.
Deposits held with pooled investment accounts at CAMP and LAIF, making up 15.05% of the portfolio, with weighted average interest rates of .05% and .22% respectively.
The market value of the total Investment Portfolio as of June, 30, 2021 was $15,998,592 (this includes $2,840,256 deposited to the Bank of America). There was also a correction made to this number. It was previously reported as the cash balance in the account at June 30, 2021, while it should have been the book balance, which takes into account outstanding checks and deposits in transit. Much of the increase is attributable to a higher cash balance in the Bank of America cash account. Cash balances vary depending upon the cash flow. The estimated market value exceeds the cost of securities in the investment portfolio due to the City’s heavy investment in two-to-five-year fixed income securities during the last year at rates averaging higher than current rates. The increase in market value demonstrates how the cautious nature of the City’s investment strategy mitigates the risk of the City incurring large unrealized losses during market retractions. On the other hand, given less risk exposure, only more predictable and modest investment returns will be realized following this same strategy.
The City of Clayton Investment Portfolio was managed in accordance with the City’s Investment Policy. Furthermore, the City’s cash management program provides sufficient liquidity to meet the next ten months expenditures. The attached City of Clayton Investment Holdings Summary for the fourth quarter of FY 2020-2021 Attachment 1 provides additional analysis and the specific investment reporting criteria required by California Government Code section 53646.
FISCAL IMPACT
The acceptance of this report has no direct fiscal impact to the City of Clayton.
Attachments:
1. City of Clayton Investment Holdings Summary – Fourth Quarters of Fiscal Year 2020/21 (March 1, 2021 – June 30, 2021)
2. Income Statement – Budget to Actuals Report for account 5601 across all funds for July 1, 2020 – June 30, 2021.
Budget to Actuals 7/1/2020-6/30/2021
Income Statement
City of Clayton
Actual Budget Variance
Revenues
101-5601-00 Interest $113,320.77 $100,000.00 13%
110-5601-00 Interest $827.49 $0.00 0%
201-5601-00 Interest $4,065.93 $3,000.00 36%
202-5601-00 Interest $2,272.80 $1,000.00 127%
210-5601-00 Interest $26,584.17 $24,000.00 11%
211-5601-00 Interest $7,416.80 $6,400.00 16%
212-5601-00 Interest $320.44 $200.00 60%
213-5601-00 Interest $2,454.72 $2,200.00 12%
214-5601-00 Interest $1,950.78 $1,800.00 8%
216-5601-00 Interest $1,000.00 $1,000.00 0%
217-5601-00 Interest $72.01 $53.00 36%
218-5601-00 Interest $169.38 $120.00 41%
219-5601-00 Interest Income $0.00 $0.00 0%
220-5601-00 Interest $2,193.43 $2,000.00 10%
222-5601-00 Interest $849.25 $700.00 21%
223-5601-00 Interest $100.89 $80.00 26%
230-5601-00 Interest Income $7,824.43 $7,100.00 10%
231-5601-00 Interest $1,648.85 $1,200.00 37%
301-5601-00 Interest $0.00 $0.00 0%
302-5601-00 Interest $0.00 $0.00 0%
303-5601-00 Interest $32,758.93 $28,880.00 13%
304-5601-00 Interest $13,286.56 $12,000.00 11%
401-5601-00 Interest $0.00 $0.00 0%
405-5601-00 Interest $13,940.66 $12,600.00 11%
410-5601-00 Interest $0.00 $0.00 0%
420-5601-00 Interest $3,199.17 $2,000.00 60%
421-5601-00 Interest $0.00 $0.00 0%
422-5601-00 Interest $2,500.00 $2,500.00 0%
501-5601-00 Interest $473.03 $400.00 18%
502-5601-00 Interest $2,912.93 $2,400.00 21%
12/18/2021 6:11:38 PM Page 1
Attachment 2
Budget to Actuals 7/1/2020-6/30/2021
Income Statement
City of Clayton
Actual Budget Variance
503-5601-00 Interest $6,648.67 $6,000.00 11%
601-5601-00 Interest $0.00 $0.00 0%
615-5601-00 Interest $2,368.17 $2,000.00 18%
616-5601-00 Interest $23,566.11 $20,000.00 18%
701-5601-00 Interest $0.00 $0.00 0%
702-5601-00 Interest $0.00 $30.00 (100%)
801-5601-00 Interest $0.00 $0.00 0%
Total Revenues $274,726.37 $239,663.00 15%
BEGINNING FUND BALANCE $0.00 $0.00 0%
NET SURPLUS/(DEFICIT) $274,726.37 $0.00 0%
ENDING FUND BALANCE $274,726.37 $0.00 0%
12/18/2021 6:11:38 PM Page 2
Attachment 2
Agenda Item: 4(f)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Mark Nassar, City Engineer
DATE: January 4, 2022
SUBJECT: RESOLUTION APPROVING CONSTRUCTION CHANGE ORDER IN THE AMOUNT OF $128,746.22 SUBMITTED BY J.J.R. CONSTRUCTION, INC.; AMENDING AGREEMENT WITH HARRIS AND ASSOC. FOR AN
INCREASE OF $15,810 FOR DESIGN, INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES; AND APPROVING RE-ALLOCATION OF
$144,556.22 FROM THE NEIGHBORHOOD PAVEMENT PRESERVATION PROJECT (CIP 10449) TO THE CITY OF CLAYTON CURB RAMP
IMPROVEMENT PROJECT (CIP 10453) TO FUND THE INCREASES FOR A REVISED TOTAL PROJECT COST OF $498,444.22
___________________________________________________________________________
RECOMMENDATION
Adopt a Resolution Approving a Construction Change Order (CCO) in the amount of $128,746.22 submitted by J.J.R. Construction, Inc.; Amending Agreement with Harris & Associates for an Increase of $15,810 for Design, Inspection and Construction Management Services; and Approving Re-Allocation of $144,556.22 from the Neighborhood Pavement Preservation Project (CIP 10449) to the Curb Ramp Improvement Project (CIP 10453) to fund the Increases for a Revised Total Project Cost of $498,444.22.
BACKGROUND
On July 20, 2021, the City Council approved the award of a construction contract to J.J.R.
Construction Inc. (JJR) of Concord, California in the amount of $288,738 for the City of Clayton Curb Ramp Improvement Project (CIP 10453). Clayton’s Capital Improvement Program budget for FY 2020/21 included the construction of the FY2020 Pavement Rehabilitation Project (CIP 10449). The ADA law requires that the roadways receiving more than a microsurfacing or slurry seal conform to current ADA requirements. 2 Hence, the Pavement Rehabilitation project in the budget was broken into two components:
(1) bringing the roadways up to ADA standards by installing curb ramps and (2) treating the pavement. The Curb Ramp Improvement Project (CIP 10453) is the first of these two projects.
The Project improvements include the installation of detectable warning surface (DWS) on ramps that would otherwise meet current standards based on slopes and other geometric requirements, but are out of compliance with current ADA standards, and the installation of new ramps. On September 21, 2021, the City Council approved Resolution 55-2021 establishing the budget for the Curb Ramp CIP (10453) at $353,888 including construction and construction management.
DISCUSSION
The Notice to Proceed was issued to the curb ramp contractor (JJR) on September 27, 2021 and actual construction work commenced in October of 2021. There were forty-five curb ramps in the original scope of work. Eight of these original forty-five curb ramps were replaced with alternate locations that were considered more critical. In addition, two ramps, deemed also to be critical, were added, bringing the total to forty-seven curb ramps. During construction, City staff observed deteriorating conditions of sidewalks adjacent to the newly installed curb ramps and a few unsafe curb ramps that needed immediate repairs. To address the unsafe conditions of these sidewalks and curb ramps, the scope of work was expanded to include the additional needed improvements including:
• Eliminating unsafe and ADA non-compliant curb ramps by replacing them with sidewalks at two locations and extending ramp improvement to include repair of broken and raised sidewalks.
• Upgrading DWS (detectable warning system)-only sites to ADA-compliant ramps at two locations as the curb ramps had unsafe slopes and adding only DWS would be insufficient.
• Additional concrete and asphalt work for curb and gutter not accounted for in the original bid scope.
• Adding color pigmentation to the new concrete to match that of the existing sidewalks. • Adjusting stop locations based on modified curb ramp construction by removing existing striping and adding new striping at the new positions.
All these additional tasks generated a Construction Change Order in the amount of $128,746.22. The breakdown of the costs is shown in the Table following:
Description
Contract
Change
Adding Color to Concrete - 203 cu yd / $10 per yd. $2,030.00 Removal of existing striping, relocation and adding
striping for safety at two additional locations.
$13,829.20
3 Replacement of 2 unsafe curb ramps with sidewalk at
Chardonnay Cir and Broken & raised sidewalk adjacent
to ramp added at two locations
$26,204.88
A net addition of two curb ramps overall $14,096.56
Additional concrete/asphalt work quantity difference
between bid and existing conditions at 47 ramps.
$72,585.58
Totals $128,746.22
The ADA Curb Ramp project construction was completed on December 10, 2021, well within the required time of completion stated in the construction contract.
To manage the additional work identified in the construction change order, there were also additional costs incurred by Harris & Associates for their design and construction management activities for the project. The initial estimate of costs for these construction management functions by Harris was $55,150, which was included in the budget for this CIP.
The additional costs associated with the change order for Harris are $15,810, bringing the total cost for Harris project/construction management of the project to $70,960.
FISCAL IMPACTS
Funding for the Project is provided in the Capital Improvement Program for Fiscal Year 2021/22. Due to the change order and the additional costs of design, inspection, and construction management, the total cost of the project has increased by $144,556.22; requiring an increase in the project budget from a total of $353,888 to $498,444.22. It is recommended that these additional costs be funded by transferring $144,556.22 from the Neighborhood Pavement Preservation Project (CIP 10449) to the Curb Ramp Improvement Project (CIP 10453). Transferring this amount would not prevent the pavement project from starting construction in Spring 2022 as planned, but may require a revision of its scope, if an alternate funding source is not ascertained by the time the project begins.
ATTACHMENT
Resolution
Resolution ##-2022 January 4, 2022
RESOLUTION NO. ##-2022
RESOLUTION APPROVING CONSTRUCTION CHANGE ORDER IN THE AMOUNT OF $128,746.22 SUBMITTED BY J.J.R. CONSTRUCTION, INC.; AMENDING AGREEMENT WITH HARRIS AND ASSOC. FOR AN INCREASE OF $15,810 FOR DESIGN, INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES; AND APPROVING RE-ALLOCATION OF $144,556.22 FROM THE NEIGHBORHOOD PAVEMENT PRESERVATION PROJECT (CIP 10449) TO THE CURB RAMP IMPROVEMENT PROJECT (CIP 10453) TO FUND THE INCREASES FOR A REVISED TOTAL PROJECT COST OF $498,444.22
THE CITY COUNCIL
City of Clayton, California
WHEREAS, On July 20, 2021, the City Council approved the award of construction contract to J.J.R Construction Inc. of Concord (JJR), California in the amount of $288,738 for the City of Clayton Curb Ramp Improvement Project (CIP 10453); WHEREAS, a Notice to Proceed was issued on September 27,2021 and work commenced in October of 2021;
WHEREAS, changes and additions were made to the original scope of work to address existing non-compliant conditions of the curb ramps and sidewalks; WHEREAS, JJR completed construction work on December 10, 2021, well within the required time of completion stated in the contractor’s contract; WHEREAS, there was an overall cost increase in the project of $144,556.22 due to additional construction requirements ($128,746.22) and design, inspection and construction management services by Harris & Associates ($15,810); and WHEREAS, City staff has reviewed the Construction Change Order and increased costs for Harris’s services and agrees that these costs are necessary to complete the project.
NOW THEREFORE, BE IT RESOLVED, the City Council of Clayton does determine the foregoing recitals are true and correct.
BE IT FURTHER RESOLVED, that the City Council of the City of Clayton hereby:
• Approves the Construction Change Order for JJR Construction in the amount of $128,746.22;
• Approves amending the agreement with Harris & Associates for Design, Inspection and Construction Management Services by $15,810; and Resolution ##-2022 January 4, 2022
• Authorizes re-allocation of funding in the amount of $144,556.22 from the Neighborhood Pavement Preservation Project (CIP 10449) to the Curb Ramp Improvement Project (CIP 10453).
PASSED, APPROVED and ADOPTED by the City Council of Clayton, California at a regular public meeting thereof held on the 4th day of January 2022 by the following vote:
AYES:
NOES:
ABSENT
:
ABSTAIN
:
THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:
Janet Calderon, City Clerk
Agenda Item: 9(a)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: January 4, 2022
SUBJECT: DETERMINATION OF 2022 COUNCIL COMMITTEE ASSIGNMENTS
RECOMMENDATION
It is recommended the City Council discuss and approve Mayor Cloven’s proposed changes to the various Council ad-hoc and committee assignments for the ensuing year of 2022.
BACKGROUND
In addition to its primary role as elected official of the City of Clayton, members of the City Council hold a variety of ad-hoc and standing committee assignments that involve the direct participation of its members in a host of local and regional issues and intergovernmental organizations. Pursuant to its adopted Council Guidelines and Procedures, the Mayor assigns the Council ad-hoc and committee appointments annually, usually each December following Council reorganization, however, due to the cancellation of the second regular City Council meeting in December 2021, this item will be discussed at the regular City Council meeting of January 4, 2022. Consideration of this matter presents an opportunity to review established committees and determine continued relevance, need to create new ones, or abolish existing ones. In making the assignments, the Mayor is encouraged to seek individual input from members of the City Council regarding appointment preferences.
DISCUSSION
Attached are two (2) lists:
1. Mayor Cloven’s list of proposed assignments for 2022.
2. The current list of City Council sub-committees and associated assignment during 2021.
The list was updated to reflect the elections made at the Council Reorganization Meeting held on December 7, 2021 relative to the chair and vice chair of the Oakhurst Geological Hazard Abatement District (GHAD). The Clayton Financing Authority (CFA) chair and vice Subject: Determination of 2022 Council Committee Assignments Date: January 4, 2022
chair are automatically filled by the mayor and vice mayor of the City, respectively, per its By-Laws. The Trails and Landscaping liaison is Vice Mayor per its policies.
Also are attached are the pertinent pages from the Council Guidelines and Procedures referencing Council ad-hoc and committee assignments.
Attachments: 1. Mayor Cloven’s proposed assignments for 2022 (2 pages)
2. City Council current Committee Assignments - 2021 (2 pages)
3. Council Guidelines and Procedures (2 pages)
1 CITY COUNCIL ASSIGNMENTS
STANDING/AD-HOC COMMITTEES/LIAISONS
CITY OF CLAYTON
2022
Association of Bay Area Governments (ABAG) Mayor Cloven Alternate: Carl Wolfe
Budget/Audit Standing Committee Jeff Wan/Vice Mayor Tillman Alternate: Jim Diaz
Citizens Corps Council (CERT) Jim Diaz
Alternate: Jeff Wan
Clayton Financing Authority [CFA]* President – Mayor Cloven *[offices automatically go to Mayor & Vice Mayor, per Bylaws] Vice President–Vice Mayor Tillman Community Park Sports Fields Ad-Hoc Committee Mayor Cloven/Jeff Wan Contra Costa Water District [CCWD] Liaison Jim Diaz
Alternate: Vice Mayor Tillman
Central Contra Costa Transit Authority [CCCTA] Keith Haydon Alternate: Carl Wolfe
Do the Right Thing /Unsung Heroes Program Carl Wolfe/Mayor Cloven Downtown Activities Committee Carl Wolfe/Jim Diaz
East Bay Division - League of California Cities Mayor Cloven Alternate: Jim Diaz
East Contra Costa County Habitat Conservancy Carl Wolfe Alternate: Jeff Wan
Economic Development Committee Mayor Cloven/Jeff Wan
Alternate: Carl Wolfe
2 Endeavor Hall Marketing Committee Jim Diaz, Carl Wolfe Alternate: Vice Mayor Tillman
Garbage & Recycling Committee Jim Diaz, Vice Mayor Tillman Interview Committees:
a. Planning Commission applicants City Council
b. Trails and Landscaping Committee applicants Mayor Cloven Vice Mayor Tillman
Clayton Library Foundation Liaison Vice Mayor Tillman
Alternate: CW Wolfe
Mayors’ Conference – Contra Costa County Mayor & Council Mt. Diablo School District Liaison Committee Jeff Wan, Vice Mayor Tillman Alternate: Carl Wolfe
Oakhurst Geological Hazard Abatement District [GHAD] Chair – Jim Diaz Vice Chair– Carl Wolfe
Trails and Landscaping Committee (TLC) Liaison Vice Mayor Tillman Alternate: Jeff Wan
TRANSPAC Mayor Cloven
Alternate: Carl Wolfe
* * * *
Revised: 04 January 2022
Original Adoption: 17 December 2004
Attachment 2
1 CITY COUNCIL ASSIGNMENTS
STANDING/AD-HOC COMMITTEES/LIAISONS
CITY OF CLAYTON
2021
Association of Bay Area Governments (ABAG) Carl Wolfe
Alternate: Peter Cloven
Budget/Audit Committee (reinstate committee in place of recently formed ad hoc audit committee) Jeff Wan/Holly Tillman
Alternate: Jim Diaz
Citizens Corps Council (CERT) Jim Diaz
Alternate: Jeff Wan
Clayton Financing Authority [CFA]* President – Carl Wolfe *[offices automatically go to Mayor & Vice Mayor, per Bylaws] Vice President – Peter Cloven Community Park Sports Fields Ad-Hoc Committee Carl Wolfe/Jeff Wan Contra Costa Water District [CCWD] Liaison Jim Diaz
Alternate: Holly Tillman
Central Contra Costa Transit Authority [CCCTA] Keith Haydon Alternate: Carl Wolfe
Do the Right Thing /Unsung Heroes Program Carl Wolfe/Peter Cloven Downtown Activities Committee Carl Wolfe/Jim Diaz
East Bay Division - League of California Cities Jim Diaz Alternate: Peter Cloven
East Contra Costa County Habitat Conservancy Carl Wolfe Alternate: Jeff Wan
Attachment 2
2 Economic Development Committee Peter Cloven/Jeff Wan
Alternate: Carl Wolfe
Endeavor Hall Marketing Committee Jim Diaz, Carl Wolfe
Alternate: Holly Tillman
Garbage & Recycling Committee Jim Diaz, Holly Tillman
Interview Committees:
a. Planning Commission applicants City Council
b. Trails and Landscaping Committee applicants Vice Mayor Peter Cloven Jeff Wan
Clayton Library Foundation Liaison Holly Tillman
Alternate: Peter Cloven
Mayors’ Conference – Contra Costa County Mayor & Council Mt. Diablo School District Liaison Committee Jeff Wan, Holly Tillman Alternate: Carl Wolfe
Oakhurst Geological Hazard Abatement District [GHAD] Chair – Holly Tillman Vice Chair – Peter Cloven
Ad hoc Public Safety Committee Jim Diaz/Holly Tillman
Trails and Landscaping Committee (TLC) Liaison Vice Mayor Peter Cloven Alternate: Jeff Wan
TRANSPAC Peter Cloven
Alternate: Carl Wolfe
* * * * *
Revised: 01 December 2021
Original Adoption: 17 December 2004
Agenda Item: 9(b)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: REINA J. SCHWARTZ, CITY MANAGER
DATE: JANUARY 4, 2022
SUBJECT: DISCUSSION AND DIRECTION TO STAFF REGARDING POTENTIAL “HERO PAY”
___________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council discuss and provide direction to staff as needed.
BACKGROUND
At the City Council meeting of December 7, 2021, several Council members requested that a discussion be placed on a future City Council agenda related to a request made by the Clayton Police Officers Association for consideration of potential COVID-related “hero pay” that could be funded from the American Rescue Plan Act Funds received by the City of Clayton.
DISCUSSION
When the request was made during the December 7, 2021 meeting to bring back a discussion on the POA request, the Council members stated an interest in considering some sort of “hero pay” for the police officers as well as some interest in considering COVID-related pay for potentially all City employees. In preparation for the Council’s discussion this evening, the following information is provided.
1. One of the identified categories of spending for ARPA funding is premium pay for essential workers defined as those working in critical infrastructure areas. In the case of local government, since all of our employees are considered disaster service workers and thus are essential workers, premium pay would be an eligible expense for all city employees. Further, most of the City’s employees were providing some or all services in person sooner than many in other jurisdictions as Clayton was ahead of many other cities in the County in terms of opening to the public.
Subject: Discussion and Direction to Staff Regarding Potential “Hero Pay” Date: January 4, 2022
_______________________________________________________________________________________ 2 2. In a similar fashion to how the City Council structured some of the requirements for the ARPA-funded Clayton Cares program, it may make sense to consider including onetime payments only for current employees who were already employed by the City prior to March 3, 2021 and thus were part of the City’s earliest and most challenging COVID responses. The City currently has one vacancy and five employees who began working for the City after March 2021.
3. The City has a total of 26.2 FTE (full-time equivalents), covering a total of 25 full-time employees and two part-time employees (each budgeted at 60% time). They fall into the following categories:
a. Clayton Police Officers Association members: 10 budgeted positions; currently 1 vacancy and 2 officers who began work after March 2021. This would leave 7 officers/sergeants currently who would be considered eligible under the criteria described under #2 above.
b. Miscellaneous Unit:
i. Maintenance: 6 positions; 1 person started after March 2021, leaving 5 eligible.
ii. All full-time office and administrative positions other than the City Manager; 8 positions; 2 started after March 2021, leaving 6 eligible. c. City Manager: 1 position; recommend exclusion from consideration. d. Part-Time Employees: 2 people, 60% time each; consider for scaled eligibility.
In total there could be up to 18 full-time employees and 2 part-time employees who could be considered eligible.
FISCAL IMPACTS
The ultimate fiscal impact to the City would vary depending on decisions the Council may make on whether to make one-time payments to employees related to COVID work, how many employees would be covered and how much the payments would be.
Of the total ARPA Funding the City has received ($1.45 million), less than $200,000 has been spent to-date, including $103,000 in the first 22 Clayton Cares applications approved as well as related administrative expenses. As of December 22, 2021, there are another 3 Clayton Cares applications that have been received and will likely be eligible for business funding of $5,000. Even if the number of successful applications doubles after the first of the year, there will be funding available from the first tranche of ARPA funding for a modest amount of premium pay if the Council chooses to move forward with such a program.
Subject: Discussion and Direction to Staff Regarding Potential “Hero Pay” Date: January 4, 2022
_______________________________________________________________________________________ 3 ATTACHMENT
Attachment 1: Letter from Clayton Police Officer’s Association DATE: 12/02/21
TO: Clayton City Manager Rene Schwartz, Mayor Wolfe, Vice Mayor Cloven and Council Members; Diaz, Wan and Tillman
From: Clayton Police Officer’s Association
I am writing to you on behalf of the Clayton Police Officer’s Association.
With the upcoming dispersal of American Rescue Plan Act (ARPA) funds, I would ask for your consideration in providing each police officer with “Hero Pay.” During the Covid-19 pandemic, every police officer stayed the course and continued to come to work to protect this wonderful city. While other city employees were able to work from home, our police officers did not have that choice. During the pandemic, nobody knew what it could bring. Just like everyone else in the country, our police officers were worried about getting sick or worse yet bringing the sickness home to our loved ones. Unfortunately, one of our police officers was infected with COVID last year.
Other cities are recognizing their first responders, by compensating them with funds from ARPA. Our next door neighbor (City of Concord) are providing all employees with $2,000.00. The city is also giving Concord Police Officers an additional $1,400.00 because city officials recognize the risks police officers undertook being on the front lines during the pandemic. Although nobody knew how this pandemic would play out, that did not deter our police officers from coming to work. By including our police officers in the dispersal of these funds, it would show your appreciation for the work we have been performing during these extraordinary times.
In closing, I ask that every police officer be recognized for their work and dedication to the city by including us in the dispersal of the ARPA funds.
I thank each of you for your consideration.
Thank you,
Rich Enea (Clayton POA President).
Agenda Item: 9(c)
1 AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: Dana Ayers, Community Development Director
DATE: January 4, 2022
SUBJECT: Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals
___________________________________________________________________________
RECOMMENDATION
Staff recommends that the City Council:
1. Receive the report on recent and upcoming efforts on the 6th Cycle Housing Element Update; and
2. Accept public comment on the Draft Housing Element goals attached to this Agenda Report as Attachment 1; and
3. Provide direction to staff on the Draft Housing Element goals.
BACKGROUND
Legislative Context: California Government Code (GC) Section 65302 requires each city and county in the state to have a general plan, a “comprehensive, long-term” plan for the physical development or preservation of lands within or proximate to the jurisdiction’s boundaries. Pursuant to Subsection c of GC Section 65302, each general plan must include, at a minimum, elements addressing land use, transportation/circulation, conservation, open space, safety, noise, environmental justice and housing. The required housing element must:
“…consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and Subject: Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals
Date: January 4, 2022
Page: 2
_______________________________________________________________________________________________ 2 shall make adequate provision for the existing and projected needs of all economic segments of the community.” (GC Section 65583)
The housing element of the general plan must have, at a minimum, all of the components listed in GC Section 65583, which are summarized below. (a) An assessment of existing and projected needs for housing households of all income levels, including an inventory of the resources and the regulatory and financial constraints to meeting those needs; an inventory of lands suitable for residential development and the jurisdiction’s regional housing needs allocation (RHNA); an evaluation of existing household characteristics and housing stock condition; identification of locations for emergency shelter; and analysis of affordable units at-risk of conversion to market-rate.
(b) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (c) A program of actions that the jurisdiction commits to implementing during the eight-year housing cycle to achieve the goals and policies of the housing element.
Such actions must include, but are not limited to, actions to rezone properties as needed to achieve densities that would accommodate the RHNA; removal of governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for people of all income levels and abilities; and incentives for construction affordable accessory dwelling units. The housing element must also commit to affirmatively furthering fair housing by identifying and correcting disparities in access to housing for all persons, “regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act…and any other state and federal fair housing and planning law.”
The housing element must be adopted every five to eight years by the legislative body of the city or county, following a process of community input and public hearings. The housing element is also the only mandatory general plan element that must also be submitted to the State Department of Housing and Community Development (HCD), who will review and certify the housing element if it is found to be compliant with State law. Noncompliance with housing element legislation of the State could result in a jurisdiction’s loss of eligibility for certain grant funds, fines and financial penalties, or loss of decision-making authority for certain housing development and housing planning projects.
Subject: Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals
Date: January 4, 2022
Page: 3
_______________________________________________________________________________________________ 3 Progress Report on Clayton’s 6th Cycle Housing Element Update – Recent Efforts:
The City of Clayton commenced its 6th Cycle Housing Element Update with selection of the consulting firm MIG, Inc., to prepare the Update on May 18, 2021. Since selection of the consultant, City staff and the consultant have:
• Met with stakeholders, members of the City Council and Planning Commissioners to introduce the process and obtain early feedback.
• Held a kickoff study session at a joint meeting of the City Council and Planning Commission on September 28, 2021. At that special meeting, MIG gave an overview of the Housing Element process for the benefit of the public, clarified the roles of the Council and Commission in the Update process, reviewed the community engagement strategy, and received initial comments from the public and decision-makers on the Housing Element Update process. • Held a community workshop on October 20, 2021. At that community meeting, residents and interested parties were invited to share their experiences and insights about housing in Clayton.
• Opened an online survey to residents and interested parties to share their housing preferences, priorities and opinions about housing in Clayton. This survey was available between November 5 and December 10, 2021, and included an opportunity for respondents to share their vision for the City-owned Downtown Site on the east side of Oak Street between Clayton Road and Main Street. Not all of the over 400 participants who accessed the survey provided responses to all of the questions posed; the most frequently answered question was question 4, which had 103 responses. An overview of the responses submitted to the survey is provided in Attachment 2.
• Reviewed past year’s Housing Element Annual Progress Reports to the City Council and HCD to evaluate progress made on implementation of currentlyadopted Housing Element policies and programs. • Identified currently vacant and underutilized sites in the City as potential opportunity sites for development of housing to meet Clayton’s RHNA. See Attachment 3 for an overview of identified opportunity sites and their entitled or possible development potential.
Progress Report on Clayton’s 6th Cycle Housing Element Update – Upcoming Efforts:
In the coming weeks, staff and MIG will prepare a second online opportunity for community members and interested parties to offer feedback on the Housing Element, and more specifically on the potential housing sites inventory depicted in Attachment 3. Using an interactive online platform, participants in the survey will be invited to shift densities and development potential among the various opportunity sites to achieve or exceed the City’s RHNA.
Subject: Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals
Date: January 4, 2022
Page: 4
_______________________________________________________________________________________________ 4 Staff and MIG will also be commencing work on the environmental analysis necessary to support the adoption of the Housing Element Update and any related zoning changes, as required by the California Environmental Quality Act (CEQA). The environmental process will begin with release of a Notice of Preparation of an Environmental Impact Report (EIR) later this month, which will start a 30-day window of opportunity for interested public agencies and parties to give input on the scope of the analysis to include in the EIR.
Additionally, staff and MIG will engage the Planning Commission at its meetings to develop the draft policies and programs that will implement the Housing Element goals for which staff and MIG are seeking community input this evening.
DISCUSSION
At the September 28, 2021, joint Planning Commission and City Council meeting, members expressed a desire to be kept apprised of the Housing Element process, and to provide input on the guiding principles of this 6th Cycle Housing Element Update. This Agenda Report provides the progress information requested by decision-makers at that meeting.
This agenda item is also a request for the public and City Council to give feedback on the Housing Element goals that will be the foundation on which the Housing Element’s policies and programs will be based.
The currently-adopted Housing Element contains six goals. Staff and MIG have suggested seven goals for this Housing Element Update. Proposed goals reflect the same aspirations of the adopted Housing Element, and in some instances are directly carried forward using the same text as that written in the adopted Housing Element. For this Housing Element Update, the suggested goals are:
• Goal I. Maintain and enhance long-established housing and neighborhoods in Clayton while accommodating moderate growth.
• Goal II. Encourage a variety of housing types, densities, and affordability levels to meet the diverse needs of the community, including a mix of ownership and rental units.
• Goal III. Meet the housing needs of extremely low-, very low-, low-, and moderate-income households and increase opportunities for renters and first-time homebuyers.
• Goal IV. Remove governmental constraints and obstacles to the production of housing for all income groups.
• Goal V. Ensure equal housing opportunities for all persons in Clayton regardless of age, race, religion, sex, marital status, national origin, color, disability, or other barriers that prevent choice in housing.
• Goal VI. Encourage and improve energy efficiency in new and existing housing.
Subject: Progress Report on 6th Cycle Housing Element Update and Discussion and Direction to Staff on Draft Housing Element Goals
Date: January 4, 2022
Page: 5
_______________________________________________________________________________________________ 5 • Goal VII. Promote and participate in the resolution of housing, employment, and transportation issues on a regional basis in cooperation with all Contra Costa County jurisdictions.
Attachment 1 lists each of these proposed goals and provides a comparison of the suggested 6th Cycle Housing Element goals with the adopted 5th Cycle Housing Element goals. Policies that could be considered for implementation of each goal are also provided in the table. Through workshops with the Planning Commission and public in the coming months, additional policies and programs could also be developed to facilitate implementation of each suggested goal.
No formal action of the City Council is requested at this time, though community and Council members are asked for their feedback on the proposed goals listed above and in Attachment 1. As mentioned above, staff and MIG will engage the Planning Commission at its meetings to develop the draft policies and programs that will implement Housing Element goals. Once the Housing Element Update is drafted, the Planning Commission will be tasked with making a recommendation on the document to the City Council, and the City Council will have authority to adopt the Commission’s recommendation as is or with their own revisions. Planning Commission and City Council public hearings to consider adoption of the 6th Cycle Housing Element Update are scheduled to occur in Fall 2022.
FISCAL IMPACTS
There are no fiscal impacts associated with receipt of the Housing Element Update Progress Report or discussion of Draft Housing Element Goals.
ATTACHMENTS
1. Clayton Housing Element: Draft Goals and Example Policies
2. Overview of Housing Element and Downtown Site Online Survey Responses
3. Map of Potential Housing Opportunity Sites
Attachment 1
Clayton Housing Element:
Draft Goals and Example Policies
December 22, 2021
5th Cycle Goals 6th Cycle Draft Goals Example Policies
Goal I. Maintain and enhance
long-established housing and
neighborhoods in Clayton
while accommodating
moderate growth.
I.1. Neighborhood
Preservation. Preserve
the architectural and
design quality of
established residential
neighborhoods.
I.2. Impacts of New
Housing. Consider and
mitigate the impacts of
new housing on the
City’s infrastructure,
open space, natural
resources, and public
services.
Goal I. Provide for adequate
sites and promote the
development of new housing
to accommodate Clayton’s fair
share housing allocation.
Goal II. Encourage a variety of
housing types, densities, and
affordability levels to meet the
diverse needs of the
community, including a mix of
ownership and rental units.
II.1. Adequate Housing
Sites. Maintain and
implement land use
policies and regulations
that accommodate a
range of residential
housing types that can
fulfill local housing
needs and Clayton’s
RHNA.
II.2. Variety of Densities
and Housing Types.
Implement land use
policies and standards
that allow for a range of
residential densities and
housing types that will
enable households of all
types and income levels
opportunities to find
suitable ownership and
rental housing in the
City.
Attachment 1
Goal III. Increase housing
opportunities for lowerincome renters and first-time
homebuyers.
Goal III. Meet the housing
needs of extremely low-, very
low-, low-, and moderateincome households and
increase opportunities for
renters and first-time
homebuyers.
III.1 Special Housing
Needs. Encourage the
private and public
sectors to produce or
assist in the production
of housing, with
emphasis on housing
affordable to persons
with disabilities, seniors,
large families, femaleheaded households with
children, and people
experiencing
homelessness.
III.2. Assistance and
Incentives. Facilitate the
provision of affordable
housing by providing
technical assistance,
regulatory incentives
and concessions, and
financial assistance when
available.
Goal II. To the extent feasible,
remove governmental
constraints for affordable and
special needs housing.
Goal IV. Remove governmental
constraints and obstacles to the
production of housing for all
income groups.
IV.1. Residential
Development Standards.
Review and adjust
residential development
standards, regulations,
ordinances,
departmental
processing procedures,
and residential fees
related to rehabilitation
and construction that are
determined to constrain
housing development.
IV.2. Policy Assessments.
Identify, assess, and
amend proposed
ordinances and policies
that adversely affect
housing cost,
recognizing that some
increases in housing
costs might be offset by
decreases in other
Attachment 1
household costs (e.g.,
energy bills).
Goal IV. Ensure equal housing
opportunities for all persons in
Clayton regardless of age,
race, religion, sex, marital
status, national origin, color,
disability, or other barriers that
prevent choice in housing.
Goal V. Ensure equal housing
opportunities for all persons in
Clayton regardless of age, race,
religion, sex, marital status,
national origin, color, disability,
or other barriers that prevent
choice in housing.
V.1. Discrimination.
Promote equity and
prohibit discrimination in
the sale, rental, or
financing of housing
based on race, color,
ancestry, religion,
national origin, sex,
sexual orientation,
gender identity, age,
disability/medical
condition, familial status,
marital status, source of
income, or any other
arbitrary factor.
V.2. Fair Housing. Assist
in the enforcement of
fair housing laws by
providing references for
residents to
organizations that can
receive and investigate
fair housing allegations,
monitor compliance with
fair housing laws, and
refer possible violations
to enforcing agencies.
Goal V. Encourage and
maintain energy efficiency in
new and existing housing.
Goal VI. Encourage and
improve energy efficiency in
new and existing housing.
VI.1. Energy Efficiency.
Encourage homeowners
and business owners to
implement new
technologies and retrofit
buildings to improve
energy efficiency.
Goal VI. Promote and
participate in the resolution of
housing, employment, and
transportation issues on a
regional basis in cooperation
with all Contra Costa County
jurisdictions.
Goal VII. Promote and
participate in the resolution of
housing, employment, and
transportation issues on a
regional basis in cooperation
with all Contra Costa County
jurisdictions.
VII.1 Regional
Collaboration. Actively
support regional-based
solutions to the housing,
employment, and
transportation issues
initially within Contra
Costa County and
ultimately within the Bay
Area.
CITY OF CLAYTON
SIXTH CYCLE HOUSING ELEMENT
Maptionnaire Survey Results
December 21, 2021
Attachment 2
LET’S GET
STARTED!
What do you think about the potential growth
increase in housing units in Clayton?
14%
16%
14% 14%
42%
2%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
I'm all for it! I'm for it, but I'm also
concerned the character
of Clayton might change.
I'm for it, but I'm also
concerned that growth
would strain the City's
budget and infrastructure
(roads, utilities and public
services).
I'm for it in certain areas
of the city.
I don't support any new
housing in Clayton.
I'm not sure how I feel
about it.
USING THE
INTERACTIVE
MAP
Where do you live?
Areas for New Housing
Sites for New Housing
DOWNTOWN
SITE
Uploaded Images
Uploaded Images
What would you like to see at the Downtown
Site? You may select more than one.
7%
18%
13%
30%
20%
12%
0%
5%
10%
15%
20%
25%
30%
35%
New housing Commercial uses (e.g.,
services, retail, and/or
restaurants)
Mixed-use project
with housing and
commercial uses
Entertainment (e.g.,
restaurants and/or
recreational activities)
Art and cultural uses Other
Please indicate your level of support for
the following example housing and
commercial types for the Downtown Site
using the sliders below (0 = Not at all
important and 10 = Very important). The
images illustrate potential uses and scale
and do not depict the designs of future
buildings.
What is your level of support for new
duplexes?
25%
6% 5% 6%
1%
7% 6%
9%
17% 17%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
townhomes?
30%
3%
6%
10%
1%
3%
5%
10%
12%
19%
0%
5%
10%
15%
20%
25%
30%
35%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
apartments/condominiums?
61%
12%
4% 4%
0% 1% 0%
6%
2%
11%
0%
10%
20%
30%
40%
50%
60%
70%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
mixed-use projects with retail?
29%
4%
3%
10%
1%
4%
5%
12%
10%
22%
0%
5%
10%
15%
20%
25%
30%
35%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
mixed-use projects with dining?
21%
3%
7%
4%
0%
3%
11%
12%
15%
25%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
retail?
17%
3%
13%
10%
1% 1%
8%
17%
7%
24%
0%
5%
10%
15%
20%
25%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
commercial (office) spaces?
37%
7%
11%
20%
1%
3%
7%
4%
1%
8%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for new
grocery store?
19%
8% 8%
10%
0% 0%
5%
14%
12%
23%
0%
5%
10%
15%
20%
25%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What is your level of support for a
new performing arts center?
30%
8%
11%
8%
3%
4%
6% 6%
10%
14%
0%
5%
10%
15%
20%
25%
30%
35%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10
COMMUNITY
VISION AND
GOALS
Please indicate the importance of housing
issues and challenges in Clayton using the
sliders below (0 = Not at all important and
10 = Very important). Click on the slider
and leave it at 5 if the item is neither
important or unimportant to you.
Housing Supply
30%
12%
6%
11%
1% 1%
2%
7%
11%
19%
0%
5%
10%
15%
20%
25%
30%
35%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Housing Affordability
18%
6%
9%
11%
4%
0%
6%
13%
9%
25%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Overcrowding
7%
0%
3% 3%
1% 0%
4%
6%
11%
64%
0%
10%
20%
30%
40%
50%
60%
70%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 A Lack of Diverse Housing Options
34%
4%
9%
8%
5%
0%
5% 5%
7%
22%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Fair Housing Issues (e.g., discrimination,
inadequate accommodations for people with
disabilities, etc.)
24%
5% 5% 5%
7%
1%
4%
12%
9%
28%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Limited Infrastructure (water, sewer)
4% 3% 3%
5%
0% 1%
5%
12%
3%
65%
0%
10%
20%
30%
40%
50%
60%
70%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Wildfire Risk
3%
5%
3%
5%
1% 0%
3%
8%
10%
62%
0%
10%
20%
30%
40%
50%
60%
70%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Traffic and Congestion
1% 2% 4% 2% 1% 1%
7%
5%
7%
69%
0%
10%
20%
30%
40%
50%
60%
70%
80%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Protecting Environmentally Sensitive Areas
4%
1%
4% 5%
1% 1%
5%
10% 8%
62%
0%
10%
20%
30%
40%
50%
60%
70%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Preserving Community Character
5%
2%
4%
2%
0% 0%
2%
7%
10%
67%
0%
10%
20%
30%
40%
50%
60%
70%
80%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 What strategies of solutions do you think
are appropriate for Clayton? Drag the
slider left or right to indicate your level of
support (0 = Not at all important and 10 =
Very important). Click on the slider and
leave it at 5 if the item is neither
important or unimportant to you.
Develop a diverse range of housing options (e.g.,
apartments, condominiums,
duplexes/triplexes/fourplexes, Accessory Dwelling
Units/in-law units, etc.)
38%
7%
6%
7%
0%
1%
9%
8%
6%
18%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Ensure that children who grow up in Clayton can
afford to live in Clayton on their own
20%
8% 8% 8%
3% 3%
5%
12%
16%
18%
0%
5%
10%
15%
20%
25%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Provide opportunities for people who work in
Clayton to live in Clayton
16%
5% 5%
10%
4%
8%
10%
17%
10%
14%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Provide more options for older residents to
downsize and stay in the community
12%
1%
6%
3% 3%
4%
9%
27%
16%
19%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Support local businesses by concentrating new
housing and residents around commercial services
and community destinations
20%
4%
12%
6% 6%
1%
14%
12%
7%
17%
0%
5%
10%
15%
20%
25%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Streamline the process for new housing
construction
29%
10%
3%
13%
4%
1%
4%
10%
8%
18%
0%
5%
10%
15%
20%
25%
30%
35%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Support homeowners who want to build Accessory
Dwelling Units or in-law units on single-family lots
16%
5% 5%
3% 3%
4%
9%
8%
11%
38%
0%
5%
10%
15%
20%
25%
30%
35%
40%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Establish housing for seniors, large families,
veterans, and/or persons with disabilities
19%
3%
12%
7%
5%
3%
12%
16%
11%
13%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Provide shelters and transitional housing for
homeless families and individuals, along with
services that help move people into permanent
housing
48%
13% 13%
8%
3%
0%
3% 4% 4%
6%
0%
10%
20%
30%
40%
50%
60%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Encourage the rehabilitation of existing housing in
older neighborhoods
15%
0%
4%
3%
4%
1%
4%
18%
28%
21%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Support programs to help homeowners at risk of
mortgage default to keep their homes
26%
2%
9%
5%
8%
3%
11%
15%
6%
17%
0%
5%
10%
15%
20%
25%
30%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Target efforts to address long-term inequities in the
housing market, including discrimination in renting
42%
6%
7% 7%
1%
0%
6%
7%
6%
17%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
0 to 1 1 to 2 2 to 3 3 to 4 4 to 5 5 to 6 6 to 7 7 to 8 8 to 9 9 to 10 Tradeoffs
In selecting housing strategies, the
Housing Element will need to identify
priorities and make tradeoffs. You’ve
been given $100 to spend on the housing
strategies listed below. Please identify
your preferred strategies by spending
your $100. You can spend the $100
however you choose (in $10 increments)
across the options below.
15%
9% 9%
14%
25%
22%
7%
0%
5%
10%
15%
20%
25%
30%
New housing should
be concentrated near
existing and planned
public transit.
New housing should
be spread evenlly
across all parts of the
City.
New housing should
be focused in the
Town Center.
New housing should
be built on the edges
of the City.
New housing should
blend in with the
character of
surrounding
neighborhoods.
New housing should
be located where it
will have the least
impact on traffic in
Clayton.
New housing should
be located within
easy access of shops
and services.
You’ve been given $100 to spend on the housing strategies listed below. Please identify your preferred strategies by spending your $100.
CITY OF CLAYTON
SIXTH CYCLE HOUSING ELEMENT
Maptionnaire Survey Results
December 21, 2021
Attachment 3
GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes December 7, 2021 Page 1
MINUTES
SPECIAL MEETING
OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT (GHAD)
December 7, 2021
1. CALL TO ORDER AND ROLL CALL – the meeting was called to order at 8:22 p.m. by Chair Tillman. Board Members present: Chair Tillman, Vice Chair Cloven, Board Members Diaz, Wan, and Wolfe. Board Members absent: None. Staff present: City Manager Reina Schwartz, Legal Counsel Mala Subramanian, and Secretary Janet Calderon.
2. PUBLIC COMMENTS – None.
3. CONSENT CALENDAR
It was moved by Board Member Wolfe, seconded by Vice Chair Cloven, to approve the Consent Calendar as submitted. (Passed). (a) Approve the Board of Directors’ minutes for its regular meeting August 3, 2021. (Secretary)
4. ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS
(a) Nominations and election of Chair (Chair Tillman to conduct the election) Chairman Tillman opened the floor to nominations for Chair in 2022.
Board Member Wolfe nominated Holly Tillman for the office of Chairperson. Chairperson Tillman declined. Chairperson Tillman nominated Board Member Diaz. No other nominations were received.
Chairman Tillman called for the vote to elect Jim Diaz as GHAD Chairperson. Motion passed (5-0 vote).
(b) Nominations and election of Vice Chair (New Chair to conduct the election).
Chairperson Diaz opened the floor to nominations for Vice Chair in 2022.
Board Member Wolfe nominated Holly Tillman for the office of Vice Chair.
Board Member Tillman declined. Board Member Tillman nominated Board Member Wolfe. No other nominations were received.
GHAD Agenda Item: 3(a)
______________________________________________________________________________________ GHAD Minutes December 7, 2021 Page 2
Chairperson Diaz called for the vote to elect Carl Wolfe as GHAD Vice Chair. Motion passed (5-0 vote).
5. PUBLIC HEARINGS - None.
6. ACTION ITEMS – None.
7. BOARD ITEMS – limited to requests and directives for future meetings.
6. BOARD ITEMS
Boardmember Wan reiterated his request that the City’s website include the City Engineers scheduled work, including completion dates, and specify areas of responsibility in the Oakhurst Geological Hazard Abatement District.
7. ADJOURNMENT - on call by Chairperson Diaz the Board meeting adjourned at 8:30 p.m.
# # # #
Respectfully submitted,
________________________
Janet Calderon, Secretary
Approved by the Board of Directors
Oakhurst Geological Hazard Abatement District
________________________________
Jim Diaz, Chairperson
GHAD Agenda Item: 3(b)
AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA J. SCHWARTZ, CITY MANAGER
DATE: JANUARY 4, 2022
SUBJECT: A RESOLUTION APPROVING A THIRD AMENDMENT TO AN EXISTING
AGREEMENT WITH HARRIS & ASSOCIATES FOR ENGINEERING
SUPPORT TO THE OAKHURST GEOLOGICAL HAZARD ABATEMENT
DISTRICT
__________________________________________________________________________
RECOMMENDATION
It is recommended that the Oakhurst Geological Hazard Abatement District (GHAD) Board of Directors, by Resolution, amend an existing agreement with Harris & Associates for professional engineering services.
BACKGROUND
Since August 2017, the City has contracted with the firm Harris & Associates, Inc. for professional engineering services in support of the Oakhurst Geological Hazard Abatement District (GHAD). In April 2021 and August 2021, the Agreement was amended to update certain provisions including the named General Manager for the GHAD.
DISCUSSION
Since the City’s initial agreement with Harris & Associates for City Engineering Services in 2017, a number of changes have taken place that now require updating the agreement. The Third Amendment to the Agreement proposes several changes to the Agreement:
1. The current Agreement with Harris & Associates expires December 31, 2021. In anticipation of that expiration, staff have been working with Harris on a proposal to extend services for a period of time. The Fourth Agreement would extend services by Harris through March 31, 2022.
2. A number of areas in the scope of services included with the original Agreement required some clarification on what services would be provided under which category in the Agreement (City Engineer, General Engineering, Assessment Districts, Land Development). The Third Amendment provides additional detail on how certain categories of expenses would be handled.
3. The structure of the Agreement related to the GHAD General Manager services has been a monthly retainer to be paid as a flat fee, without specifically being tied to the number of hours of service Harris provided in a given month. Some months this Subject: Amend Agreement with Harris & Associates for Oakhurst GHAD Professional Engineering Services Date: January 4, 2022
worked to the City’s advantage (if the City had relatively more work to be done) and sometimes to Harris’ advantage (if there were less work required/requested by the City). Under the new Agreement, the work to be provided by Harris will be charged on a time and materials basis, up to a maximum not-to-exceed amount. This will help balance the City’s needs and budget.
4. While the original Agreement had a price escalator in place, the CPI adjustments that were authorized have not kept pace with the changes in cost experienced by Harris.
The proposed Amendment reflects current costs for Harris to perform the work.
All other provisions of the agreement remain in place.
FINANCIAL IMPACT
The ultimate financial impact of the changes in terms is unknown at this time. Staff will evaluate and return to the Board of Directors prior the adoption of the FY2022/23 Budget with any recommended changes.
At the same time as the City is extending services with Harris to ensure continuity of service, the City Manager will also be issuing an RFP(s) for City Engineering and other engineering services later in January with the goal of procuring a new agreement that will help manage costs and provide local services for the GHAD. The scope for that RFP will be shared with the Board and it is anticipated that a recommendation on award based on the RFP solicitation will be brought back to the GHAD Board of Directors for action toward the end of the first quarter of 2022.
Attachment 1: Resolution
Exhibit A: Third Amendment to Agreement with Harris & Associates and Proposal for Services from Harris dated December 8, 2021
Attachment:2: 2017 Agreement, First Amendment, and Second Amendment to Agreement with Harris & Associates
Resolution ##-2022 Oakhurst GHAD Harris Agreement January 4, 2022 GHAD RESOLUTION NO. ##-2022
A RESOLUTION APPROVING A THIRD AMENDMENT TO AN EXISTING
AGREEMENT WITH HARRIS & ASSOCIATES FOR ENGINEERING SUPPORT TO
THE OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT
THE BOARD OF DIRECTORS
Oakhurst Geological Hazard Abatement District
Clayton, CA
WHEREAS, since 2017, the City of Clayton has contracted with the firm Harris & Associates for engineering services including serving as the General Manager for the Oakhurst Geological Hazard District (GHAD);
WHEREAS, in April 2021 and August 2021 the Agreement with Harris was amended via the First and Second Amendments to update the named GHAD General Manager and other provisions; and
WHEREAS, the City of Clayton wishes to continue to contract with Harris & Associates for engineering services in support of the Oakhurst GHAD including a General Manager of the GHAD.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Oakhurst Geological Hazard Abatement District, does hereby approve the Third Amendment to an existing agreement with Harris & Associates as shown in Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Oakhurst Geological Hazard Abatement District, at a regular public meeting thereof held on the 4th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution ##-2022 Oakhurst GHAD Harris Agreement January 4, 2022
BOARD OF DIRECTORS
OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT
______
Jim Diaz, Chair
ATTEST:
Janet Calderon, Secretary
Exhibit A
THIRD AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT ON
BEHALF OF THE OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This Third Amendment to the Professional Engineering Services Agreement (“Third Amendment”) is entered into on January 1, 2022 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement") including performing as General Manager for and in support of the Oakhurst Geological Hazard Abatement District; B. WHEREAS, in April 2021 and in August 2021, the Agreement was updated with respect to the named General Manager and other terms;
C. WHEREAS, the current terms remain in effect consistent with the original Agreement; and
D. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, the partiesagree as follows:
1. Subdivision a of Section 2. Compensation of the Agreement is hereby amended to read as follows:
• From January 1, 2022 through March 30, 2022, services and compensation shall be provided as shown in consultant’s Proposal for 90-day Extension of Professional Engineering Services dated December 8, 2021.
2. Subdivision b of Section 2. Compensation is deleted.
3. Subdivision c of Section 2. Compensation remains unchanged.
4. Section 5. Term of the Agreement is hereby amended to read in its entirety:
• Consultant shall perform its services in a prompt and timely manner and as directed and authorized by the City Manager. The term of this agreement shall continue until March 31, 2022 unless both parties agree to an extension of the timeframe for services.
5. Except as otherwise specifically set forth in this Amendment, the remaining Exhibit A
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, Secretary
1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com December 8, 2021
Ms. Reina Schwartz
City Manager
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Subject: Proposal for 90 Day Extension of Professional Engineering Services Dear Reina:
Harris is pleased to have the opportunity of providing Professional Engineering Services to the City of Clayton for over 4 years. As you know, our current agreement is due for renewal at the end of Calendar Year 2021. Please accept this letter proposal to continue our services for another 90 days until March 31, 2022. This proposal reflects our agreed to re-structure of the administrative portion of the agreement as described in Attachment A as City Engineering Services and will be performed on Time and Material basis with a not-to-exceed budget amount of $15,000 per month. City engineering service requests will be prioritized to fit within this budget limit.
Any city engineering service requests that would exceed this allotted budget would be deferred as coordinated with the City. Land development and permitting services will be performed per the City’s Master Fee Schedule, and general engineering services and assessment districts municipal financing services will be performed per a separate proposal for each task as approved by the City. Our services will be performed per an agreement with the City, with all terms and conditions as stated within. This proposal also updates the fee schedule of the original Agreement (see Attachment B) to align with current rates.
Please know we are excited about continuing to work with you and your team. Please call me if you have any questions or need any further information about this proposed contract extension.
Sincerely,
Mark Nassar, P.E., MBA
Director, Program Management
Harris & Associates
Authorization to Proceed:
______________________________________
Reina Schwartz Date
City Manager
City of Clayton
2 Attachment A
SCOPE OF SERVICES
City Engineering Services
The role of the City Engineering team includes administration of engineering related processes and procedures, assist in CIP scoping and prioritization, representation as City Engineering at internal and agency meetings, approval of permits and waivers, availability to the public and private developers to handle matters dealing with the engineering functions of City government, coordination with other agencies the review of plans, projects and studies, assistance in the solicitation of proposals for CIP design work, assistance in the procurement of contractors and vendors for public works construction. The City Engineering team will also address failed infrastructure for immediate safety concerns and coordinate preliminary opinion on repair approach as well as coordinate with Maintenance staff on the maintenance, operations, and repair of public facilities.
General Engineering Services
The City of Clayton will have available a Harris team of specialized technical staff ready to perform studies, designs, project and construction management on any tasks or projects the City identifies. This efforts this team is prepared to perform includes the preparation of site evaluations, planning and preliminary engineering reports, plans and specifications for CIP construction projects, along with detailed schedules and cost estimates.
This work would include any necessary field work, drafting, design, surveying, environmental documents, bid assistance, construction management & inspection, and project management. Preparation of specialized engineering studies on a variety of subjects including, but not limited to drainage studies, traffic studies, and pavement evaluations.
Land Development and Permitting Services
Harris will provide staffing to represent the City and interact with the public in processing the City’s public permit applications. Staffing will be supported by a team of specialized engineers for plan check for civil engineering design plans which includes, but is not limited to street, sewer, water, recycled water, storm drain, fiber optic, grading, erosion control, signing & striping, street lighting, traffic signal and all related engineering studies, including hydrology and hydraulics, soils, water and sewer studies and structural analyses.
Assessment Districts Municipal Financing Services
Harris Municipal Financing team will provide services that support the annual administration and assessment levy determination for 6 of the City’s assessment districts and 1 Geological Hazard Abatement District. The team will evaluate budgets, debt service schedules, annual levy amounts and prepare the Engineer’s Report that setts the annual assessment rates for the next fiscal year. The team will attend the necessary meetings and provide a presentation at the public hearings meetings. This work will include as needed formation or annexation services and any required preparation of public noticing materials, assessment rolls, boundary maps, Community Facilities District Reports, Notices of Special Tax Liens, and tax tables. 3 Attachment B
CITY OF CLAYTON RATES:
Effective Contract January 1, 2022 – March 31, 2022
This Hourly Billing Rate Schedule is broken into billing rate ranges based on the level of professional assigned to perform the specific work. Each task order will include a specific budget based on the actual professional assigned to the work, the hours budgeted, and the specific billing rate for each professional.
General/Capital Engineering & Land Development (Hourly) City Engineer/Project Director $267
Senior PM $217-$283
Project Manager $169-$210
Senior Project Engineer $126-$145
Project Engineer $108-$115
Design Engineer $57
Construction Manager $195-$245
Inspector $165-$215
General Environmental Services (Hourly)
Project Director $270
Project Manager $159-$180
Project Analyst $90-$115
Assessment District/ GHAD Administration (Hourly)
Project Director $297
Senior PM $192
Senior Analyst $118
Analyst $101
Notes: Rates are subject to adjustment based on staff promotions during the effective period of the schedule.
Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications, and reproduction (except large quantities such as construction documents for bidding purposes).
* Construction Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area by the Department of Industrial Relations.
All sub-consultant charges are subject to a 10% markup.
ATTACHMEN·T 1
CITY OF CLAYTON
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This Agreement is made and entered into as of August 14, 2017 by and between the City of Clayton, a municipal corporation organized and operating under the laws of the State of California with its .principal place of business at 6000 Heritage Trail, Clayton, California 94517 ("City"), and Harris & Associates, Inc., a California Corporation, with its principal place of business at 1401 Willow Pass Road, Suite 500, Concord, CA 94520 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
.City Engineer and Engineering Services (hereinafter referred to as "the Project").
B. Consultant desires to perform and assume responsibility for the provisiqn of certain professional engineering services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such range and scope of services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the professional engineering services described in the Scope of Services attached hereto as Exhibit 11A." For the purposes of the services provided by this Agreement, the Consultant shall report directly to and take assignments from the City Manager. The Consultant and the City·Manager will meet on a weekly basis, at the discretion of the City, to discuss and review the progress of services provided under this Agreement.
With respect to claims that may be asserted by third parties arising from the Consultant's actions as City Engineer, the Consultant shall be entitled to assert any immunities or similar defenses that would be available to the City in defense of such actions against a City employee or official provided such immunities or similar defenses are legally extendable to Consultant. The City shall use commercially reasonable efforts to include language in third party contracts requiring third party contractors and consultants to provide insurance and indemnification protection to City's agents, including Consultant, to the same extent the City is provided insurance and indemnification protection. Notwithstanding anything to the contrary, nothing herein shall be construed or interpreted to be a guarantee that such insurance and indemnification protection shall be afforded to Consultant by third party contractors and consultants and their insurers.
1 2. Compensation.
a. The City shall pay for services satisfactorily rendered by Consultant under this Agreement in accordance with the Schedule of Charges set forth in Exhibit "A.JJ b. The Schedule of Charges may be adjusted by mutual agreement of the City and the Consultant once annually, any changes to be effective on September 1st of the next year.
c. Consultant shall submit to City monthly itemized statement(s) which identifies the specific project(s) worked on, indicates the work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services provided since the effective date of this Agreement through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approve·d and undisputed charges thereon. Consultant shall not be reimbursed for any expenses unless it received prior written authorization from the City or such expenses are otherwise authorized herein.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred and services rendered under this Agreement shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by City. Upon termination or expiration of this Agreement, all such records shall be delivered to the custody of the City within thirty (30) calendar days of the effective date of such termination or expiration.
5. Term.
Consultant shall perform its services in a prompt and timely manner and a.s directed and authorized by the City Manager. The term of this Agreement is one ( 1) year (twelve consecutive months) from its effective date and shall go into effect on 15 August 2017. The Agreement may be extended by written amendment. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement. Consultant's performance may be evaluated and reviewed by City on a periodic basis, as determined by the City in its sole discretion. A copy of the evaluation will be sent to Consultant for comments. If performed, the evaluation, together with the comments shall be retained as part of the Agreement record. 2 6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of· this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cai/OSHA requirements.
8. Standard of Care
Consultant's services will· be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the prior written consent of the City, which may be withheld for any. reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is nor shall become an employee of City by virtue of this Agreement. The work to be ·performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. 3 a. Commercial General Liability
(i) The Consultant shall procure and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
( 1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
( 4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3.) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
4 (iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by· the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall include or be endorsed to include limited contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf or the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Combined Single Limit
$1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
5 Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits under General Liability and Automobile Liability.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten ( 1 0) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and 6 shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein under General Liability and Automobile Liability shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact ih the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, ·and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. ·
(ii) If at any time during the . life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) ·The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they· have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
7 12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, the City Council, members .of the City Council, its employees, and authorized volunteers free and harmless from claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include· but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same. 8 15. RESERVED.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Contra Costa, State of California.
17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten {10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, design works, City-procured software, electronic files and records, and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
· b. ·Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, design works, electronic files and records, Cityprocured software, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Any modifications made by the City or any agents of the City to any of the Consultant's documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City's sole risk and without liability to the Consultant.
19. Organization
Consultant shall assign Scott Alman, PE, as City Engineer. The City Engineer shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein.
9 21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
Attn: City Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Attn: Scott Alman, P.E.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, 10 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and agrees that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CLAYTON
AND HARRIS & ASSOCIATES
IN WITNESS WHEREOF, authorized officials of the Parties have duly executed this Agreement as of the date first written above.
CITY OF CLAYTON
By:
Gary A. Napper
City Manager
ATIEST:
By:
· City Clerk
HARRIS & ASSOCIATES
By:
Printed
It~ Name: Q4~,. V .. Ci\NAiif .c<...
Its: C£0
Its:
~~~~~ C.FC!J - iA -k ~~
12 EXHIBIT A
Scope of Services and Schedule of Charges
(attach Exhibit A hereto)
13 EXHIBIT A
Harrfs & Assodates
CITY OF CLAYTON RATES:
Effective Contract NTP Date 2017 • August 31 , 2018
Administrative (funded by General Fund CG.F.ll
Monthly Lump·sum Retainer
Scope:
CLAYTON MONTHLY RATE
$9 ,~85.00/mo.
• Day-to-Day engineering related questions and calls from staff and public; • Attendance at City Council meetings as requested by the City Manager; • Attendance at weekly staff meetings;
• Compilation of the City's Capital Improvement Program (CIP) Budget; • Administration of the City's encroachment permit program; • Coordination with the Maintenance Department regarding maintenance, operations and the repair of public facilities; ·
• Enforcement and continuous update of the City's Standard Plans and Specifications for design and construction;
·• Enforcement of City's Stormwater Management Program; • Representation of the City's interests in regional transportation and funding issues; • Flood plain administration including respo'nses to flood zone information requests.
Assessment Distrlct/GHAD Administration CHourly. Non-G.FJ Scott Alman
Alison Bouley
Briari Brown
Dennis Klingelhofer
KaChow
Teddy Alicante
Caoltallmprovement Program (Hourly, Non~G.F.l
scott Alman
Jasmine Cuffee
Vijay Pulijal
Siva Natarajan
Kyle carbert
Daniel Wilkins
Alvin Armstrong
Ka Chow
Teddy Alicante
Land Development niourly, Non-G.F.l
Scott Alman
Siva Natarajan
Kyle Carbert
Daniel Wilkins
Ka Chow
Teddy Alicante
CLAYTON HOURLY RATE
$190
$190
$180
$230
$105
$105
$190
$190
$180
$165
$165
$140
$140
$105
$105
$220
$175
$175
$150
$110
$110
Harris & Associates
GENERAL ENGINEERING SERVICES (Hourly. Non-G.F.l
Project Directors
Senior Project Managers
Project Managers
Senior Project Engineers
Project Engineers
Senior Technical Support
Technical Support
GENERAL ENVIRONMENTAL SERVICES (Hourly. Non-G.F.l
Project Director
Sr. Project Manager
Project Manager
Sr. Project Analyst
Project Analyst
Technical Support
STANDARD HOURLY RATE
$230
$200
$170
$140
$90
$130
$90
STANDARD HOURLY lATE
$230
$190
$150
$120
$90
$90
Notes: Rates are subject to adjustment based on staff promotions during the effective period of the schedule.
Specific Scope of Services covered by the monthly lump sum retainer rate is detailed in the Scope of Services section of the contract between City of Clayton and Harris & Assoc. Those duties are the Day-to-Day operational duties that are funded through the City's General Fund.
Unless otherwise indicated in the cost proposal, hourly rates include most direct costs such as travel, equipment, computers, communications and reproduction (except large quantities such as construction documents for bidding purposes).
*Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that area.
All sub-consultant charges are subject to a 1 0% markup.
ATTACHMENT 2
FIRST AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT ON
BEHALF OF THE OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This First Amendment to the Professional Engineering Services Agreement (“First Amendment”) is entered into on April 20, 2021 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement") including performing as General Manager for and in support of the Oakhurst Geological Hazard Abatement District; B. WHEREAS, the current terms remain in effect consistent with the original Agreement; and
C. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, the partiesagree as follows:
1. Section 5, Term of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall perform its services in a prompt and timely manner and as directed and authorized by the City Manager. The term of this Agreement shall continue each year hereafter so long as the City and the Consultant are satisfied with its terms, conditions and performance.
Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines. Consultant’s performance may be evaluated and reviewed by City on a periodic basis, as determined by the City in its sole discretion. A copy of the evaluation will be sent to Consultant for comments.
If performed, the evaluation, together with the comments may be retained as part of the Agreement record.
2. Section 19. Organization of the Agreement are hereby amendedto readasfollows:
Consultant shall assign Bill Stracker as General Manager of the Oakhurst Geological Hazard Abatement District (GHAD). The General Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
ATTACHMENT 2
3. Except as otherwise specifically set forth in this Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, CityClerk
ATTACHMENT 2
SECOND AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
ON BEHALF OF THE OAKHURST GEOLOGICAL HAZARD ABATEMENT DISTRICT BETWEEN CITY OF CLAYTON, CALIFORNIA, AND HARRIS & ASSOCIATES, INC.
This Second Amendment to the Professional Engineering Services Agreement (“First Amendment”) is entered into on August 4, 2021 by and amongst the City of Clayton, California ("City''), a municipal corporation, and Harris & Associates, Inc., a California Corporation ("Consultant").
RECITALS
A. WHEREAS, in August 2017 the City and Consultant entered into a Professional Engineering Services Agreement to perform all necessary professional engineering services for the City ("Agreement") including performing as General Manager for and in support of the Oakhurst Geological Hazard Abatement District; B. WHEREAS, in April 2021, the Agreement was updated with respect to the named General Manager and other terms;
C. WHEREAS, the current terms remain in effect consistent with the original Agreement; and
D. WHEREAS, the City and Consultant mutually desire to amend certain provisions of the Agreement which the parties hereby acknowledge and agree as follows:
AGREEMENT
Nowtherefore, the partiesagree as follows:
1. Section 19. Organization of the Agreement are hereby amendedto readasfollows:
Consultant shall assign Mark Nassar as General Manager of the Oakhurst Geological Hazard Abatement District (GHAD). The General Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
2. Except as otherwise specifically set forth in this Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
ATTACHMENT 2
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Professional Engineering Services Agreement on the date above written.
CITY OF CLAYTON, CALIFORNIA
By:
Reina J. Schwartz
City Manager
HARRIS & ASSOCIATES, INC.
By: _________________________
Printed Name: ____________________
Title: ____________________________
ATTEST:
Janet Calderon, CityClerk