Agenda packet — Concord City Council, March 1, 2022 (part 1 of 2)

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Local Reuse
Authority/City Council
Sitting as the
Concord/Pleasant Hill
Health Care District
Tuesday,
March 1, 2022
6:30 p.m. - Open Session
7:00 p.m. – Redistricting Public
Hearing
Various
telephonic/electronic
locations
Pursuant to Elections Code Section 21607.1, Item 6.a, which is the public hearing on the redistricting process, has been noticed with a 7:00 p.m. start time. If the Council is addressing another agenda item when that start time occurs, the Council may first conclude the other item, including any associated public comment.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

City of Concord Rules: The City of Concord has declared a local state of emergency due to COVID-19 and is closed to the public. This Concord City Council meeting is an essential event, therefore it has not been cancelled. However, City of Concord officials and staff will conduct this meeting telephonically or otherwise electronically. The City will not make available any physical location from which members of the public may observe the meeting and offer public comment. Instead, members of the public may observe and address the meeting remotely.

Below is information on how to do that.

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK 2 How to Submit Public Comments:

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.

To Participate in Public Comment During the Meeting:

Staff Reads Your Comments Aloud: When the Mayor opens the public comment period for the relevant agenda item, please email your comments to [email protected] Prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). Comments received outside of the public comment period for the relevant item will not be read aloud but will be inserted into the meeting record.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments.

From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/88005904410?pwd=ZHZ3L1JqRDRtY1JlRjZSRGhpa21TQT09 oWebinar ID: 880 0590 4410
oPasscode: 351784
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 OPEN SESSION

1. OPENING
Roll Call

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

3. PRESENTATIONS
a. Presentation – to Trish Beirne, American Red Cross Northern California Coastal Region Leadership Council, proclaiming March 2022 as "Red Cross Month" in the City of Concord. Presentation by Mayor Aliano. b. Presentation – to April Rovero, Chair of Contra Costa County MEDS Coalition proclaiming March 2022 as "Prescription Drug Abuse Awareness Month" in the City of Concord. Presentation by Mayor Aliano.

4. CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT (CPHHCD) CONSENT CALENDAR
The public is entitled to address the City Council/LRA/CPHHCD on items appearing on the Consent Calendar before or during the City Council’s/LRA’s/CPHHCD’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council/LRA/CPHHCD, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting Maintenance Assessment Districts (Maintenance district funds) Recommended by the Director of Public Works.

CEQA: Not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(3), 15378, and/or 15061(b)(3). b. Considering – adoption of a Resolution approving the creation of the Maintenance Collection System Worker classification assigned to Pay Grade 9-6562 Field and Operations unit and the Lead Maintenance Collection System Worker Classification, assigned to Pay Grade 10-6552 Field and Operations unit, and amending the City's Salary Schedule to include the Maintenance Collection System Worker with an annual salary range of $63,270 to $80,750 and the Lead Maintenance Collection System Worker 4 with an annual salary range of $68,750 to $87,236. Recommended by the Director of Human Resources.
c. Considering – adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

5. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – approval of the following for Residential Pavement Design, Phase A (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) to provide design engineering and related services for the Pavement Maintenance - Zone 1B (Project No. 2516);
(2) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) to provide design engineering and related services for the Pavement Maintenance - Zones 2B & 2E (Project No. 2517);
(3) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) to provide design engineering and related services for the Pavement Maintenance - Zone 3B (Project No. 2561);
(4) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) to provide design engineering and related services for the Pavement Maintenance - Zone 4Q (Project No. 2562); and
(5) Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) to provide design engineering and related services for the Pavement Maintenance - 5 Zone 5L (Project No. 2563) See map for each area which is Attachment 1 to the staff report. Report by Kevin Marstall, Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – draft plans drawn by the independent demographer for the purpose of redistricting Council election districts, and providing direction on refinements to draft plans; and introducing an Ordinance of the City of Concord Amending Concord Municipal Code Chapter 2.35 (Elections) to permit the district boundaries for “By Districts” Elections to be established by Resolution by reading of the title only and waiving further reading. Report by Justin Ezell, Assistant City Manager.

CEQA: Exempt under CEQA Guidelines Sections 15320, 15378, and 15061(b)(3).

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

8. REPORTS AND ANNOUNCEMENTS
a. Closed Session Announcements
b. City Manager or Staff Reports
c. Council Reports

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 3/8/2022 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else 6 raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Staff Report
Date: March 1, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering adoption of four resolutions ordering the preparation of the Engineer’s Report for the levy of annual assessments for the City’s four Landscape and Lighting
Maintenance Assessment Districts (Maintenance district
funds)
CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c)(3), 15378, and/or 15061(b)(3)
Report in Brief
By ordering the preparation of the Engineer's Reports, the City Council will initiate the process required by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218 to reconfirm for the 2022-23 Fiscal Year the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District which are administered by the City.

Staff recommends that the City Council adopt the attached resolutions, ordering preparation of the Engineer’s Reports for the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District for FY 2022-23.

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City Council Agenda Report
Agenda Item No. 4.a
March 1, 2022
Recommended Action
Adopt the attached four resolutions ordering preparation of the Engineer’s Reports for the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District for FY 2022-23.

Background
The City of Concord administers the Downtown Landscape Maintenance District, Pine Hollow Landscape and Lighting Maintenance District, Landscaping and Lighting Maintenance District No. 3, and the Citywide Street Lighting Assessment District.

Property owners in each district pay an annual assessment on their property tax bill for the maintenance of common area landscaping or lighting.

Each year, the City Council levies the assessments and reconfirms the Districts by a series of Resolutions and Public Hearing. The process, which is set by the Landscaping and Lighting Act of 1972 (Streets and Highways Code) and Proposition 218, includes the following steps:

1. Council adopts resolutions ordering the preparation of the Engineer’s Report – March 1, 2022.

2. Council accepts 2022-23 Preliminary Engineer’s Reports – April 12, 2022.

3. Council adopts resolution of intention; ordering improvements and sets public hearing – April 12, 2022.

4. Council conducts public hearing, and then adopts resolution Confirming the District and Levying the Assessments for FY 2022-23 – May 10, 2022.

For districts that are required to follow both the 1972 Act and Proposition 218, the above noted process is modified by introducing a mail-in balloting procedure that begins after the items in Step 2 are approved by the City Council and concludes at the close of the public hearing in Step 3. Proposition 218 becomes applicable only when increases in the current assessment rates are contemplated. The Council may make changes to the proposed budgets at any time up to final adoption, but may only do so to decrease the assessed amount. The assessment amounts are then posted to the County tax rolls and appear as a separate item on the property tax bill for each parcel.

Analysis
Downtown Landscape Maintenance District
The Downtown Landscape Maintenance District was formed in 1983 and includes 798 assessable parcels. Assessments are based on a formula that includes location, square footage, and street frontage.

Landscape maintenance services are currently provided by the City of Concord Public Works Department for FY 2021-22, with the exception of flower pots and certain medians which are maintained by a professional landscape contractor. The City does

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City Council Agenda Report
Agenda Item No. 4.a
March 1, 2022
not anticipate making any changes to the provided landscape maintenance services for FY 2022-23.

A successful Proposition 218 balloting was conducted in June 2007 to increase the annual assessment in the Downtown Landscape Maintenance District. The adopted increase included an annual assessment adjustment based on the Consumer Price Index not to exceed 5% for each year thereafter to maintain the current level of service.

At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Pine Hollow Landscape and Lighting Maintenance District The Pine Hollow Landscape and Lighting Maintenance District was formed in 1985 and includes 401 parcels. Assessments are based on the square footage of each dwelling.

Landscape maintenance services are currently provided by a professional landscape maintenance company. At this time, City staff does not anticipate any new improvements or substantial changes in existing improvements within the boundaries of the District.

Landscaping and Lighting Maintenance District No. 3
The Landscaping and Lighting Maintenance District No. 3 is comprised of the following four specific benefit zones. Staff designed landscaping improvements for areas on Kirkwood Drive and are preparing to put the work out to bid. At this time, City staff does not anticipate any other new improvements or substantial changes in existing improvements within the boundaries of the District.

Kirkwood
The Kirkwood zone includes 468 single-family parcels. The total assessment is divided equally among each single-family residential parcel. Landscape maintenance services are currently provided by a professional landscape maintenance company.

Ygnacio Woods
Fiscal Year 1995-96 was the first full year of operation for Ygnacio Woods.

Landscape services for the common areas in this development of 35 parcels are provided by the City of Concord Public Works Department.

A successful Proposition 218 balloting was conducted in June 2005 to increase the annual assessment in the Ygnacio Woods Benefit Zone. The adopted increase included an annual assessment adjustment based on the Consumer Price Index to maintain the current level of service.

Balhan Terrace and Valley Terrace
These two small areas are included in Landscaping and Lighting Maintenance District No. 3 for the purpose of street lighting. These benefit zones, which were formed prior to Proposition 13, continue to receive a share of ad valorem

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City Council Agenda Report
Agenda Item No. 4.a
March 1, 2022
property tax funds from the State. These funds and the accumulated interest are sufficient to maintain these Districts.

Citywide Street Lighting District
The Concord Citywide Street Lighting Assessment District was formed in FY 1988-89 for the purpose of funding the installation and maintenance or servicing of public lighting facilities in public places within the District. The District includes all parcels of land within the incorporated limits of the City of Concord that benefit from streetlights on public streets.

Environmental Determination
Not a “project” under Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(3) and 15378 because this is not an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that they consist of the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In the alternative, the activities are exempt under Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impact
The City of Concord Landscape and Lighting Assessment Districts are separate from the City’s General Fund. The impact of any proposed changes to District budgets on the assessments of individual property owners will be known at the time the Engineer’s Reports are filed. The Assessment Districts' engineering services will be paid from District funds.

Public Contact
The City Council Agenda was posted. Property owners will be notified of informational landscape district meetings which will be scheduled in March.

Attachments

1. Resolution – Downtown Landscape Maintenance District

2. Resolution – Pine Hollow

3. Resolution – Maintenance District No. 3

4. Resolution – Citywide Street Lighting

5. District Maps

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Attachment 1
Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Downtown Landscape
Maintenance District Resolution No. 22-XX
/
WHEREAS, the City Council, by Resolution No. 83-132, established the Downtown Landscape Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Downtown Landscape Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 1, 2022, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Downtown Landscape Maintenance District, but that it will be

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Attachment 1
Res No. 22-XX 2
necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 12, 2022.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on March 1, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 1, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 2
Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineers Report for the Pine Hollow Landscape and
Lighting Maintenance District Resolution No. 22-XX
/
WHEREAS, the City Council, by Resolution No. 85-15, established the Pine Hollow Landscape and Lighting Maintenance District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Pine Hollow Landscape and Lighting Maintenance District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 1, 2022, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Pine Hollow Landscape and Lighting Maintenance District,

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Attachment 2
Res No. 22-XX 2
but that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 12, 2022.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on March 1, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 3
Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer’s Report for the Landscape and Lighting
Maintenance District No. 3 Resolution No. 22-XX
/
WHEREAS, the City Council, by Resolution No. 79-6202, established the Landscaping and Lighting Maintenance District No. 3, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said District may include the installation or planting of landscaping, the installation of parks or recreational improvements, the construction of any facilities which are necessary or convenient for the maintenance or servicing thereof, and the maintenance or servicing of any of the foregoing; and
WHEREAS, in order to levy and collect an annual assessment for the Landscaping and Lighting Maintenance District No. 3, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 1, 2022, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District thus necessitating only preparation of an Engineer's Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Landscaping and Lighting Maintenance District No. 3, but

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Attachment 3
Res No. 22-XX 2
that it will be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer’s Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 12, 2022.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on March 1, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 4
Res No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Ordering the Preparation of an
Engineer's Report for the Citywide Street Lighting
Assessment District Resolution No. 22-XX
/
WHEREAS, the City Council, by Resolution No. 88-46, established the Citywide Street Lighting Assessment District, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.); and WHEREAS, the improvements within said street lighting assessment district include:
initiation, maintenance or servicing of public lighting facilities in public places, and incidental expenses associated therewith. Public lighting facilities consist exclusively of pole mounted street lights within the public right-of-way of the City of Concord; and WHEREAS, in order to levy and collect an annual assessment for the Citywide Street Lighting Assessment District, it is necessary for the City to comply with the Streets and Highways Code, Section 22620, et seq.; and
WHEREAS, the Streets and Highways Code Section 22622 requires the legislative body to adopt a resolution which generally describes any proposed new improvements or substantial changes in existing improvements and orders the engineer to prepare and file a report pursuant to Section 22565 of this Code; and
WHEREAS, the City Council, at its meeting on March 1, 2022, received a report from the Public Works Director advising the City Council that City staff does not anticipate any new improvements or substantial changes in existing improvements within the District, thus necessitating only preparation of an Engineer's Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to Streets and Highways Code Section 22622 et seq. the City Council determines that no new improvements or any substantial changes in existing improvements are anticipated within the boundaries of the Citywide Street Lighting Assessment District, but that it will

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Attachment 4
Res No. 22-XX 2
be necessary to levy and collect an assessment within said District. Thus, the City Council orders the Public Works Director to contract with an engineer to prepare and file a report in accordance with Streets and Highways Code Section 22565, et seq.

Section 2. Upon completion of the Engineer's Report, it shall be filed with the City Clerk for submission to the City Council for its acceptance or modification by April 12, 2022.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on March 1, 2022, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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Attachment 5

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Attachment No. 5

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Attachment No. 5

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Attachment No. 5

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Staff Report
Date: March 01, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution approving the creation of the Maintenance Collection System Worker classification assigned to Pay Grade 9-6562 Field and Operations unit and the Lead Maintenance Collection System Worker
Classification, assigned to Pay Grade 10-6552 Field and Operations unit, and amending the City's Salary Schedule to include the Maintenance Collection System Worker with an annual salary range of $63,270 to $80,750 and the Lead
Maintenance Collection System Worker with an annual salary range of $68,750 to $87,236.

Report in Brief
The City of Concord (“City”) Human Resources Department periodically reviews classification specifications and/or organizational structure to ensure they accurately reflect the duties and responsibilities of each position and support operational effectiveness. When it is found the work performed, the work requirements and/or the operational needs have transformed, the Human Resources Department modernizes classification specifications or creates new classifications, as appropriate, to reflect the work performed and the staffing need of the respective department(s). Based on the City’s operational needs, and to accurately reflect the duties, responsibilities and required skill set of the needs of the Public Works Department, staff recommends two new positions be created; specifically, the Maintenance Collection System Worker and the Lead Maintenance Collection System Worker.

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City Council Agenda Report
Agenda Item No. 4.b
March 1, 2022
Recommended Action
Adopt a resolution (Attachment 1) approving the creation of the Maintenance Collection System Worker classification assigned to Pay Grade 9-6562 Field and Operations unit (Exhibit A to Attachment 1) and the Lead Maintenance Collection System Worker classification, assigned to Pay Grade 10-6552 Field and Operations unit (Exhibit B to Attachment 1) and amending the City’s Salary Schedule to include the Maintenance Collection System Worker with an annual salary range of $63,270 to $80,750 and the Lead Maintenance Collection System Worker with an annual salary range of $68,750 to $87,236 (Exhibit C to Attachment 1).

Background
The Human Resources Department is responsible for implementing Policy & Procedure

37.6 – Classification Plan for creating, modifying and abolishing classifications. In association with this responsibility, Human Resources Department staff conduct classification and compensation studies for positions as requested by City departments or based on periodic reviews in response to the City’s broad operational needs. As a result of such analysis, and the Human Resource Director’s review thereof, two new classifications are recommended to be established to provide enhanced service to the collection system-related needs of the City.

Analysis
The City’s Sewer Division within the Public Works Department operates a sewer collection system composed of approximately 345 miles of pipeline serving more than 40,000 individual properties within the cities of Concord and Clayton. Operation of the system has become increasing complex due to changing regulations and oversight from State and Federal agencies. The expertise needed of staff has also increased over time as the technology used for maintenance and operation practices has advanced.

Currently, employees within the Sewer Division are encouraged, but not required, to obtain certification through the California Water Environment Association. Becoming certified in Collection System Maintenance demonstrates to regulatory bodies that the City has the most qualified individuals operating Concord’s and Clayton’s wastewater collection systems. Certification instills confidence when these agencies are reviewing the City’s maintenance practices and operational permits, because it shows that staff have the necessary knowledge, skills and abilities to meet their stringent guidelines.

In addition to Collection System Maintenance certification, employees within this division are again encouraged, but not required, to obtain a California commercial driver license. A California commercial driver license is needed to operate the hydro- excavation equipment used for maintenance and repairs within the division.

Hydro-excavators are semi-truck sized vehicles carrying large tanks which hold water and debris. The equipment flushed and cleans sewer lines, and uses suction to remove

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City Council Agenda Report
Agenda Item No. 4.b
March 1, 2022
debris from manholes, in addition to excavating while daylighting underground utilities to make repairs.

Employees within this division are trained to use a closed circuit television van and equipment to televise pipelines while inspecting for repair and maintenance purposes.

These employees also utilized a hand-pushed camera for inspecting smaller lines such as sewer laterals, in addition to use of various other specialty tools and equipment, including methods used during customer service calls.

Employees within this division participate in a rotational duty called “standby.” Standby is defined as an assignment to remain available for telephone contact and ready to respond to trouble call relating to City work during a stated off-work period. These emergencies include such things as overflowing manholes caused by plugged sewer lines, assisting residents with plugged sewer laterals, and a whole host of non-sewer- related issues such as downed trees or boarding-up windows due to vandalism.

Recruiting and retaining qualified employees within the Sewer Division has become increasingly difficult due to other agencies providing premium pay for their knowledge, skills and abilities, in addition to them having certification and California commercial driver licenses. Losing these staff to other agencies places the City at risk of not having qualified staff to operate the increasingly complex sewer system or ensuring compliance in the always changing regulatory environment.

By creating the Maintenance Collection System Worker classification and the Lead Maintenance Collection System Worker classification, the City will have a competitive advantage when it comes to recruiting, but more importantly, retaining its qualified staff.

The new classifications will also eliminate the voluntary aspect of obtaining certification and California commercial driver license by making these a requirement of the job. This will help to ensure that the City has enough qualified employees to safely and legally operate the City’s sewer system and associated specialty equipment.

The Maintenance Collection System Worker is the entry-level classification and the Lead Maintenance Collection System Worker is the journey-level classification in the Maintenance Collection System Worker series. The Maintenance Collection System Worker performs more routine and less complex maintenance, inspection and cleaning duties involved in the wastewater collection system, while the Lead Maintenance Collection System Worker performs the full range and more complex collection, maintenance and repair duties, operating a variety of equipment, leads and provides training to less experienced Maintenance Collection System Workers. Maintenance Collection System Worker duties and responsibilities are assigned progressively, to a greater level of independence and range of duties designed to prepare employees for successful promotion to the Lead Maintenance Collection System Worker level.

Incumbents in both classifications receive supervision from supervisor-level classifications and direction and technical instruction from higher-level staff.

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City Council Agenda Report
Agenda Item No. 4.b
March 1, 2022
Human Resources Department staff conducted a compensation and internal alignment analysis for the proposed Maintenance Collection System Worker classification. The analysis resulted in the proposed classification assigned to Pay Grade 9-6562 Field and Operations unit ($5,272 to $6,729 per month). This pay grade is in alignment with commensurate classifications.

Human Resources Department staff also conducted compensation and internal alignment analysis for the proposed Lead Maintenance Collection System Worker classification. The analysis resulted in the proposed classification assigned to Pay Grade 10-6552 Field and Operations unit ($5,695 to $7,269 per month). This pay grade is in alignment with commensurate classifications.

Once these classifications are approved, the Public Works Department will work with the Human Resources Department and exchange one Heavy Equipment Operator and eight Maintenance Workers with five Maintenance Collection System Workers and four Lead Maintenance Collection System Workers. The number of staff supporting the sewer collection system remains the same. No existing employees will be displaced from jobs and existing employees will have the opportunity to compete for the new classification, that requires certification, through an internal recruitment process.

Financial Impact
The recommended adoption of the Maintenance Collection System Worker and Lead Maintenance Collection System Worker classifications would have no immediate fiscal impact unless and until the positions are filled, at which point the fiscal impact would fall within the salary ranges of $63,270 to $80,750 and $68,750 to $87,236 (per year), plus applicable benefits, respectively. The fiscal impact once all nine positions transition, is approximately $98,500 annually and will be paid from the sewer fund. This change will lead to the need for a budget amendment which will be brought before Council at mid- cycle budget review in June.

Public Contact
The City Council Agenda was posted and public hearing notices were published in accordance with applicable law.

Attachment

1. Resolution
Exhibit A: Maintenance Collection System Worker Classification Specification Exhibit B: Lead Maintenance Collection System Worker Classification Specification
Exhibit C: Amended Salary Schedule

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Res. No. xx-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Creation of the
Maintenance Collection System Worker
Classification Assigned to Pay Grade 9-6562 Field
and Operations Unit and the Lead Maintenance
Collection System Worker Classification, Assigned to
Pay Grade 10-6552 Field and Operations Unit, and
Amending the City’s Salary Schedule to Include the
Maintenance Collection System Worker With an
Annual Salary Range Of $63,270 to $80,750 and the
Lead Maintenance Collection System Worker With
an Annual Salary Range Of $68,750 to $87,236
Resolution No. 22-##
/
WHEREAS, Human Resources Department staff recommends Council adopt this resolution approving the creation of the Maintenance Collection System Worker Classification assigned to Pay Grade 9-6562 Field and Operations and amend the City’s salary schedule to include the Maintenance Collection System Worker Pay Grade 9-6562 Field and Operations, with an annual salary range of $63,270 to $80,750 that includes the minimum hourly rate of $30.41 and the maximum hourly rate of $38.82 as set forth in Exhibit C; and
WHEREAS, Human Resources Department staff recommends Council adopt this resolution approving the creation of the Lead Maintenance Collection System Worker classification assigned to Pay Grade 10-6552 Field and Operations and amend the City’s salary schedule to include the Lead Maintenance Collection System Worker Pay Grade 10-6552 Field and Operation, with an annual salary range of $68,750 to $87,236 that includes the minimum hourly rate of $32.86 and the maximum hourly rate of $41.94 as set forth in Exhibit C; and
WHEREAS, Council, after giving all public notices required by State law and Concord Municipal Code, held a duly noticed public hearing on March 1, 2022, to consider this action; and WHEREAS, at such public hearing, Council considered all oral and written testimony, materials and information received, including oral and written responses from City staff given on or dated March 1, 2022, all attachments thereto, any correspondence presented, and all other pertinent Attachment 1

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Res. No. xx-xx 2
testimony, other materials and information, which are maintained at the offices of the City of Concord, City Clerk, 1950 Parkside Drive, Concord, CA 94519; and WHEREAS, on March 1, 2022, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt Resolution No. 22-XX.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Approves the new Maintenance Collection System Worker classification assigned to Pay Grade 9-6562 Field and Operations as set forth in Exhibit A and the new Lead Maintenance Collection System Worker assigned to Pay Grade 10-6552 Field and Operations as set forth in Exhibit B.

Section 2. Amends the City’s salary schedule to include the Maintenance Collection System Worker classification assigned to Pay Grade 9-6562 Field and Operations, with an annual salary range of $63,270 to $80,750 that includes the minimum hourly rate of $30.41 and the maximum hourly rate of $38.82 and amends the City’s salary schedule to include the Lead Maintenance Collection System Worker classification assigned to Pay Grade 10-6552 Field and Operations, with an annual salary range of $68,750 to $87,750 that includes the minimum hourly rate of $32.86 and the maximum hourly rate of $41.94 as set forth in Exhibit C.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on March 1, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
//
//
//

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Res. No. xx-xx 3
I HEREBY CERTIFY that the foregoing Resolution No. 22-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on March 1, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Exhibits:

A: Maintenance Collection System Worker Classification Specification B: Lead Maintenance Collection System Worker Classification Specification C: Amended Salary Schedule

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MAINTENANCE COLLECTION SYSTEM
WORKER
Class Code: 6552
Bargaining Unit: Field & Operations

CITY OF CONCORD
Established Date: Feb. 2022
Revision Date:

JOB CHARACTERISTICS:

Purpose
Under direct supervision performs a variety of semi-skilled and skilled maintenance, operational and repair tasks involved in the City's wastewater collection system and lift stations; operates a variety of maintenance and construction equipment including a pressurized hydrocleaner and/or sewer vacuum truck; responds to emergencies; maintains a variety of records; and reads and interprets maps, blue prints, plans and specifications. Performs related and other work as required all within the context of the City's Mission of providing responsive, cost effective, and innovative local government services through a collaborative effort with the community to make Concord a city of the highest quality.

Equipment, Methods & Guidelines
Use standard operating guidelines as contained in City and State reference manuals; material safety data sheets; computer; and use personal protective equipment. Incumbents typically use backhoe, bobcat, grader, compacting roller and street sweeper.

Working Conditions
Outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, noxious odors, gases, mechanical and electrical hazards, and all types of weather and temperature conditions; work in or around water; exposure to hazardous traffic conditions; work and/or walk on various types of surfaces including slippery or uneven surfaces and rough terrain; and work at heights.

Physical Demands
Primary functions require sufficient physical ability and mobility to work in a field environment; to walk, stand, and sit for prolonged periods of time; to frequently stoop, bend, kneel, crouch, crawl, climb, reach, twist, grasp, and make repetitive hand movement in the performance of daily duties; to climb unusual heights on ladders; to lift, carry, push, and/or pull moderate to heavy amounts of weight; to operate assigned equipment and vehicles; to work in confined spaces; and to verbally communicate to exchange information.

Supervisory Guidance Received/Given
Receives general supervision from an assigned supervisor and receives general instructions regarding the scope and approach to assignments. May be assigned lead responsibilities and exercises functional or technical lead over designated staff, as assigned.

Exhibit A to Attachment 1

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Allocation Factors/Distinctions
The Maintenance Collection System Worker is the entry-level classification and the Lead Maintenance Collection System Worker is the journey-level classification in the Maintenance Collection System Worker series. The Maintenance Collection System Worker performs more routine and less complex maintenance, inspection, and cleaning duties involved in the wastewater collection system, while the Lead Maintenance Collection System Worker performs the full range and more complex collection, maintenance and repair duties, operating a variety of equipment, leads and provides training to less experienced Maintenance Collection System Workers. Maintenance Collection System Worker duties and responsibilities are assigned progressively, to a greater level of independence and range of duties designed to prepare employees for successful promotion to the Lead Maintenance Collection System Worker level. Incumbents in both classifications receive supervision from supervisor-level classifications and direction and technical instruction from higher- level staff.

EXAMPLES OF DUTIES INCLUDE, BUT ARE

NOT LIMITED TO

1. Performs a variety of semi-skilled and skilled maintenance, operational, and repair tasks involved in the City's wastewater collection system and lift stations.

2. Cleans wastewater collection system, storm drains, flood control facilities and inlets; operates hydrocleaner and/or sewer vacuum truck to flush system; opens clogs in lines; cleans manholes, wet wells, and lift stations; assists with environmental cleanup and mitigation of damage; operates electrical snake to unplug mains and laterals; and raise and lower utility access points.

3. Operates a variety of sewer cleaners, jet rodders, pressure washers, and TV inspection equipment in the inspection, maintenance and construction of sewer lines and laterals.

4. Operates GPS equipment in order to locate, mark and survey sewer systems.

5. Responds to trouble calls relating to City work during a stated off-work period as needed (i.e., standby duty); locates problems and operates sewer cleaning equipment to clear stoppages.

6. Inspects sewage and storm water lift and pump stations; removes debris; disassembles and cleans pumps and performs minor repairs when necessary.

7. Operates and maintains line inspection and video equipment to survey, open and repair lines; reviews plans and specifications for location of lines; uses equipment to determine concentration of hazardous gases; and calibrate, bump test and operate air monitoring devices.

8. Inspects, maintains, and operates a variety of heavy construction and maintenance equipment including a backhoe and other related equipment; performs daily maintenance on trucks and related equipment.

9. Inspects sewer laterals for new construction as necessary.

10. Conducts traffic control when working in high traffic areas of the City; installs street barricades and cones prior to the performance of maintenance or repair activities; directs and controls traffic around work sites.

11. As assigned, works with crew raising manholes, repairing sewer manholes, construction and repair of storm conduits, curbs, gutters and drainage facilities; assists in mixing concrete and executing necessary masonry work; installs, repairs and maintains water and sewer mains and lines; assists in constructing new sewer connections as well as repairing drains and sewer facilities; excavate trenches to line and grade, repair and install pipe, couplings and fittings.

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12. Responds to public inquiries in a courteous manner; provides information within the area of assignment including explaining collection maintenance procedures; resolves complaints in an efficient and timely manner.

13. Prepares and maintains a variety of written records and reports; enters time and materials information into computer system.

14. Attends training and safety meetings as necessary.

15. Performs related duties as required.

QUALIFICATIONS:

Knowledge and Abilities
Knowledge of:

1. Operational characteristics of a typical municipal wastewater collection system.

2. Wastewater collection system preventative maintenance techniques and procedures.

3. Tools and equipment used in the maintenance and repair of wastewater collection systems including hydrojetter/vacuum truck, and televising equipment.

4. Traffic control practices and procedures.

5. Basic principles and practices of record keeping.

6. Occupational hazards and standard safety procedures.

Ability to:

1. Remain available for telephone contact and ready to respond to trouble calls relating to City work during a stated off-work period (i.e., standby duty).

2. Perform a variety of semi-skilled and skilled maintenance, operational, and repair tasks involved in the City's wastewater collection system and lift stations.

3. Use and operate vehicles and equipment, hand tools, and power tools and equipment required for the work in a safe and efficient manner.

4. Ensure safety around work areas in high traffic.

5. Perform heavy manual labor.

6. Observe safety principles and work in a safe manner.

7. Respond to collection system maintenance/repair emergencies.

8. Read, understand and interpret maps, blue prints and diagrams.

9. Prepare and maintain records including time and material use records.

10. Understand and follow oral and written instructions.

11. Communicate clearly and concisely, both orally and in writing.

12. Establish and maintain effective working relationships with those contacted in the course of work.

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Education/Experience
These minimum qualifications establish the education, training, experience, special skills and/or license(s) which are required for employment in the classification.

Education:

A high school diploma or a graduate equivalency degree.

Experience:

Four years of fulltime verifiable experience performing duties equivalent to the City of Concord’s Maintenance Worker I/II classification(s) or one year of fulltime verifiable experience performing work in storm water and/or wastewater collection systems.

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LEAD

MAINTENANCE COLLECTION SYSTEM
WORKER
Class Code: 6562
Bargaining Unit: Field & Operations

CITY OF CONCORD
Established Date: Feb. 2022
Revision Date:

JOB CHARACTERISTICS:

Purpose
Under general supervision performs a variety of semi-skilled and skilled maintenance, operational and repair tasks involved in the City's wastewater collection system and lift stations; operates a variety of maintenance and construction equipment including a pressurized hydrocleaner and/or sewer vacuum truck; responds to emergencies; maintains a variety of records; and reads and interprets maps, blue prints, plans and specifications. Performs related and other work as required all within the context of the City's Mission of providing responsive, cost effective, and innovative local government services through a collaborative effort with the community to make Concord a city of the highest quality.

Supervisory Guidance Received/Given
Supervision received consists of oral and written instructions to define objectives and problems and to prescribe both general and detailed methods for achieving objectives. Leads and trains Maintenance Collection System Workers.

Exhibit B to Attachment 1

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EXAMPLES OF DUTIES INCLUDE, BUT ARE

NOT LIMITED TO

1. Leads and trains Maintenance Collection System Workers.

2. Performs a variety of semi-skilled and skilled maintenance, operational, and repair tasks involved in the City's wastewater collection system and lift stations.

3. Cleans wastewater collection system, storm drains, flood control facilities and inlets; operates hydrocleaner and/or sewer vacuum truck to flush system; opens clogs in lines; cleans manholes, wet wells, and lift stations; assists with environmental cleanup and mitigation of damage; operates electrical snake to unplug mains and laterals; and raise and lower utility access points.

4. Operates a variety of sewer cleaners, jet rodders, pressure washers, and TV inspection equipment in the inspection, maintenance and construction of sewer lines and laterals.

5. Operates GPS equipment in order to locate, mark and survey sewer systems.

6. Responds to trouble calls relating to City work during a stated off-work period as needed (i.e., standby duty); locates problems and operates sewer cleaning equipment to clear stoppages.

7. Inspects sewage and storm water lift and pump stations; removes debris; disassembles and cleans pumps and performs minor repairs when necessary.

8. Operates and maintains line inspection and video equipment to survey, open and repair lines; reviews plans and specifications for location of lines; uses equipment to determine concentration of hazardous gases; and calibrate, bump test and operate air monitoring devices.

9. Inspects, maintains, and operates a variety of heavy construction and maintenance equipment including a backhoe and other related equipment; performs daily maintenance on trucks and related equipment.

10. Inspects sewer laterals for new construction as necessary.

11. Conducts traffic control when working in high traffic areas of the City; installs street barricades and cones prior to the performance of maintenance or repair activities; directs and controls traffic around work sites.

12. As assigned, works with crew raising manholes, repairing sewer manholes, construction and repair of storm conduits, curbs, gutters and drainage facilities; assists in mixing concrete and executing necessary masonry work; installs, repairs and maintains water and sewer mains and lines; assists in constructing new sewer connections as well as repairing drains and sewer facilities; excavate trenches to line and grade, repair and install pipe, couplings and fittings.

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13. Responds to public inquiries in a courteous manner; provides information within the area of assignment including explaining collection maintenance procedures; resolves complaints in an efficient and timely manner.

14. Prepares and maintains a variety of written records and reports; enters time and materials information into computer system.

15. Attends training and safety meetings as necessary.

16. Performs related duties as required.

QUALIFICATIONS:

Knowledge and Abilities
Knowledge of:

1. Operational characteristics of a typical municipal wastewater collection system.

2. Wastewater collection system preventative maintenance techniques and procedures.

3. Tools and equipment used in the maintenance and repair of wastewater collection systems including hydrojetter/vacuum truck, and televising equipment.

4. Traffic control practices and procedures.

5. Basic principles and practices of record keeping.

6. Occupational hazards and standard safety procedures.

Ability to:

1. Lead and train Maintenance Collection System Workers.

2. Remain available for telephone contact and ready to respond to trouble calls relating to City work during a stated off-work period (i.e., standby duty).

3. Perform a variety of semi-skilled and skilled maintenance, operational, and repair tasks involved in the City's wastewater collection system and lift stations.

4. Use and operate vehicles and equipment, hand tools, and power tools and equipment required for the work in a safe and efficient manner.

5. Ensure safety around work areas in high traffic.

6. Perform heavy manual labor.

7. Observe safety principles and work in a safe manner.

8. Respond to collection system maintenance/repair emergencies.

9. Read, understand and interpret maps, blue prints and diagrams.

10. Prepare and maintain records including time and material use records.

11. Understand and follow oral and written instructions.

12. Communicate clearly and concisely, both orally and in writing.

13. Establish and maintain effective working relationships with those contacted in the course of work.

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Education/Experience
These minimum qualifications establish the education, training, experience, special skills and/or license(s) which are required for employment in the classification.

Education:

A high school diploma or a graduate equivalency degree.

Experience:

Three years of fulltime verifiable experience performing duties equivalent to the City of Concord’s Maintenance Collection System Worker classification, of which must be one year of fulltime verifiable experience in a lead role.

License or Certificate:
 Possession of a valid Class C California driver license and a satisfactory driving record that is acceptable to the City and/or its insurance carrier(s), are conditions of initial appointment and continued employment.
 Possession of a valid Class B California driver license with current Medical Certificate and no restriction on driving vehicles with air brakes and a satisfactory driving record that is acceptable to the City and/or its insurance carrier(s), are conditions of initial appointment and continued employment.
 Possession of a valid Class A California driver license with current Medical Certificate and no restriction on driving vehicles with air brakes and a satisfactory driving record that is acceptable to the City and/or its insurance carrier(s), are conditions of initial appointment and continued employment.
 Possession of a valid California Water Environment Association certification as a Grade I Collection System Worker is a condition of initial appointment and continued employment.  Possession of a valid California Water Environment Association certification as a Grade 2 Collection System Worker within 12 months of initial appointment and continued employment.
 Possession of a valid Occupational Safety and Health Administration compliant cardiopulmonary resuscitation certificate is a condition of initial appointment and continued employment.

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City of Concord Salary Schedule
Maintenance Collection System Worker and Lead Maintenance Collection System Worker classifications added (F AND O)(03-01-2022) 1 Job
Code Classification Title Unit Schedule Grade Step 1
Hourly
Step 2
Hourly
Step 3
Hourly
Step 4
Hourly
Step 5
Hourly
Step 6
Hourly
Step 1
Mthly.

Step 2
Mthly.

Step 3
Mthly.

Step 4
Mthly.

Step 5
Mthly.

Step 6
Mthly. Effective
4760 Automotive Parts & Svs Tech. F AND O 4760 7 26.2625$ 27.5755$ 28.9545$ 30.4023$ 31.9223$ 33.5184$ 4,552$ 4,780$ 5,019$ 5,270$ 5,533$ 5,810$ 11/15/2021 6812 Custodian F AND O 6812 4 21.3750$ 22.4439$ 23.5660$ 24.7444$ 25.9815$ 27.2805$ 3,705$ 3,890$ 4,085$ 4,289$ 4,503$ 4,729$ 11/15/2021 6163 Environmental Maint. Tech. F AND O 6163 8 28.2303$ 29.6418$ 31.1238$ 32.6800$ 34.3140$ 36.0298$ 4,893$ 5,138$ 5,395$ 5,665$ 5,948$ 6,245$ 11/15/2021 6412 Equipment Mechanic F AND O PG-F&O 10 31.3402$ 32.9072$ 34.5525$ 36.2802$ 38.0942$ 39.9989$ 5,432$ 5,704$ 5,989$ 6,289$ 6,603$ 6,933$ 11/15/2021 6542 Facilities Maintenance Tech F AND O PG-F&O 8 26.9233$ 28.2695$ 29.6829$ 31.1670$ 32.7254$ 34.3618$ 4 ,667$ 4,900$ 5,145$ 5,402$ 5,672$ 5,956$ 11/15/2021 6722 General Laborer F AND O 6722 2 18.7715$ 19.7101$ 20.6957$ 21.7305$ 22.8170$ 23.9577$ 3,254$ 3,416$ 3,587$ 3,767$ 3,955$ 4,153$ 11/15/2021 6314 Heavy Equipment Operator I F AND O PG-F&O 9 29.0100$ 30.4604$ 31.9835$ 33.5827$ 35.2620$ 37.0248$ 5,028$ 5,280$ 5,544$ 5,821$ 6,112$ 6,418$ 11/15/2021 6312 Heavy Equipment Operator II F AND O PG-F&O 10 31.3402$ 32.9072$ 34.5525$ 36.2802$ 38.0942$ 39.9989$ 5,432$ 5,704$ 5,989$ 6,289$ 6,603$ 6,933$ 11/15/2021 6616 Landscape Gardener F AND O 6616 9 29.5733$ 31.0519$ 32.6046$ 34.2348$ 35.9467$ 37.7438$ 5,126$ 5,382$ 5,651$ 5,934$ 6,231$ 6,542$ 11/15/2021 6193 Lead Custodian F AND O 6193 6 24.4856$ 25.7098$ 26.9954$ 28.3452$ 29.7624$ 31.2505$ 4,244$ 4,456$ 4 ,679$ 4,913$ 5,159$ 5,417$ 11/15/2021 4351 Lead Dispatcher F AND O 4351 11 41.6353$ 43.7173$ 45.9029$ 48.1982$ 50.6082$ 53.1386$ 7,217$ 7,578$ 7,957$ 8,354$ 8,772$ 9,211$ 11/15/2021 6562 Lead Maint. Collection System Worker F AND O 6562 10 32.8615$ 34.5047$ 36.2298$ 38.0413$ 39.9434$ 41.9406$ 5,696$ 5,981$ 6,280$ 6,594$ 6,924$ 7,270$ 03/01/2022 6512 Maintenance Carpenter F AND O PG-F&O 10 31.3402$ 32.9072$ 34.5525$ 36.2802$ 38.0942$ 39.9989$ 5,432$ 5,704$ 5,989$ 6,289$ 6,603$ 6,933$ 11/15/2021 6552 Maintenance Collection System Worker F AND O 6552 9 30.4183$ 31.9391$ 33.5361$ 35.2129$ 36.9738$ 38.8222$ 5,273$ 5,536$ 5,813$ 6,104$ 6,409$ 6,729$ 03/01/2022 6532 Maintenance Electrician F AND O 6532 10 35.7267$ 37.5132$ 39.3889$ 41.3583$ 43.4264$ 45.5974$ 6,193$ 6,502$ 6,827$ 7,169$ 7 ,527$ 7,904$ 11/15/2021 6614 Maintenance Gardener F AND O 6614 8 28.2303$ 29.6418$ 31.1238$ 32.6800$ 34.3140$ 36.0298$ 4,893$ 5,138$ 5,395$ 5,665$ 5,948$ 6,245$ 11/15/2021 6522 Maintenance Painter F AND O PG-F&O 10 31.3402$ 32.9072$ 34.5525$ 36.2802$ 38.0942$ 39.9989$ 5,432$ 5,704$ 5,989$ 6,289$ 6,603$ 6,933$ 11/15/2021 6434 Maintenance Sprinkler Fitter F AND O 6434 10 32.8615$ 34.5047$ 36.2298$ 38.0413$ 39.9434$ 41.9406$ 5,696$ 5,981$ 6,280$ 6,594$ 6,924$ 7,270$ 11/15/2021 6115 Maintenance Team Leader F AND O 6115 10 32.8615$ 34.5047$ 36.2298$ 38.0413$ 39.9434$ 41.9406$ 5,696$ 5,981$ 6,280$ 6,594$ 6,924$ 7,270$ 11/15/2021 6426 Maintenance Utility Mechanic F AND O PG-F&O 10 31.3402$ 32.9072$ 34.5525$ 36.2802$ 38.0942$ 39.9989$ 5,432$ 5,704$ 5,989$ 6,289$ 6,603$ 6,933$ 1 1/15/2021 6714 Maintenance Worker I F AND O 6714 5 22.7996$ 23.9398$ 25.1366$ 26.3936$ 27.7132$ 29.0990$ 3,952$ 4,150$ 4,357$ 4,575$ 4,804$ 5,044$ 11/15/2021 6712 Maintenance Worker II F AND O 6712 7 26.2625$ 27.5755$ 28.9545$ 30.4023$ 31.9223$ 33.5184$ 4,552$ 4,780$ 5,019$ 5,270$ 5,533$ 5,810$ 11/15/2021 6168 Parks Lead Worker F AND O 6168 9 30.4183$ 31.9391$ 33.5361$ 35.2129$ 36.9738$ 38.8222$ 5,273$ 5,536$ 5,813$ 6,104$ 6,409$ 6,729$ 11/15/2021 4352 Police Dispatcher I F AND O 4352 7 31.1716$ 32.7303$ 34.3668$ 36.0851$ 37.8894$ 39.7839$ 5,403$ 5,673$ 5,957$ 6,255$ 6,567$ 6,896$ 11/15/2021 4353 Police Dispatcher II F AND O 4353 9 37.8417$ 39.7338$ 41.7207$ 43.8066$ 45.9971$ 48.2971$ 6,559$ 6,887$ 7,232$ 7,593$ 7,973$ 8,371$ 11/15/2021 6114 Public Works Lead Worker F A ND O 6114 9 30.4183$ 31.9391$ 33.5361$ 35.2129$ 36.9738$ 38.8222$ 5,273$ 5,536$ 5,813$ 6,104$ 6,409$ 6,729$ 11/15/2021 6113 PW Lead Worker-Infra Maint. F AND O 6113 9 30.4183$ 31.9391$ 33.5361$ 35.2129$ 36.9738$ 38.8222$ 5,273$ 5,536$ 5,813$ 6,104$ 6,409$ 6,729$ 11/15/2021 6709 Recreation Utility Worker F AND O 6709 7 26.2625$ 27.5755$ 28.9545$ 30.4023$ 31.9223$ 33.5184$ 4,552$ 4,780$ 5,019$ 5,270$ 5,533$ 5,810$ 11/15/2021 6130 Senior Equipment Mechanic F AND O PG-F&O 11 33.8959$ 35.5908$ 37.3702$ 39.2388$ 41.2008$ 43.2610$ 5,875$ 6,169$ 6,478$ 6,801$ 7,141$ 7,499$ 11/15/2021 6120 Senior Maintenance Team Ld. F AND O 6120 11 35.5413$ 37.3185$ 39.1843$ 41.1436$ 43.2008$ 45.3610$ 6,160$ 6,469$ 6,792$ 7,132$ 7,488$ 7,863$ 11/15/2021 6510 Senior Traffic Signal Tech F AND O 6510 11 38.6373$ 4 0.5693$ 42.5977$ 44.7278$ 46.9641$ 49.3124$ 6,697$ 7,032$ 7,384$ 7,753$ 8,140$ 8,547$ 11/15/2021 6324 Sweeper Operator F AND O PG-F&O 8 26.9233$ 2 8.2695$ 2 9.6829$ 3 1.1670$ 3 2.7254$ 3 4.3618$ 4 ,667$ 4 ,900$ 5 ,145$ 5 ,402$ 5 ,672$ 5 ,956$ 1 1/15/2021 Exhibit C to Attachment 1

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Staff Report
Date: March 1, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.

Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361.

Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.

4.c4.c

Page 1 of 10 ends

City Council Agenda Report
Agenda Item No. 4.c
March 1, 2022
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).

On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.

Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
 Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
 Each teleconference location must be accessible to the public;  Members of the public must be able to address the body at each teleconference location;
 Post agendas at all teleconference locations; and
 During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 18 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a

Page 2 of 10 ends

City Council Agenda Report
Agenda Item No. 4.c
March 1, 2022
“state of emergency” pursuant to Government Code Section 54953(e)(4) and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

On September 20, 2021, the Health Officer of the County of Contra Costa (“Health Officer”) issued recommendations, and on February 2, 2022, updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19, and further recommending social distancing and face masking of all Attendees:
https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.

Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has adopted a Resolution every 30 days enabling the City to hold public meetings by teleconference. The most recent Resolution, City Council Resolution No. 22-5, Local Reuse Authority (LRA) Resolution No. 22-34, and Concord/Pleasant Hill Health Care District (CPHHCD) Resolution No. 22-025 was adopted on February 1, 2022, enabling the City to continue holding public meetings by teleconference through March 3, 2022. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to continue to hold public meetings by teleconference for the next 30 days, through March 31, 2022.

Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.

If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
 The legislative body has reconsidered the circumstances of the emergency; and  Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Resolution No. 22-5,

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City Council Agenda Report
Agenda Item No. 4.c
March 1, 2022
LRA Resolution No. 22-34, and Concord/Pleasant Hill Health Care District Resolution No. 22-025, adopted on February 1, 2022, enabled the City to continue holding public meetings by teleconference through March 3, 2022. To continue to be able to hold meetings by teleconference through March 31, 2022, the City Council must adopt a Resolution to continue using AB 361’s exemption, and the conditions under which such Resolution was passed are and remain in effect as of the date hereof.

Financial Impact
There is no financial impact.

Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required.

No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361

Page 4 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY COUNCIL SITTING

AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, the Health Officer of the County of Contra Costa (“Health Officer”) has issued various health orders and updates designed to slow the spread of COVID-19 (including variants thereof) such as vaccinations, quarantines, face covering requirements, and social distancing recommendations designed to protect public health. The health orders and recommendations can be found on the Contra Costa Health Services website: https://www.coronavirus.cchealth.org/health- orders; and
WHEREAS, on February 2, 2022, the Health Officer updated recommendations for safely holding public meetings, including strongly recommending teleconferencing meetings as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19, and further recommending social distancing and face masking of all Attendees: recommendations-for- safe-public-meetings.pdf (cchealth.org); and
Attachment 1

Page 5 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
WHEREAS, the community prevalence rate as of February 2, 2022, places Contra Costa County in the high community transmission tier as designated by the Centers for Disease Control, and our current trends as of February 3, 2022, in COVID-19 test positivity and COVID-19 hospitalization which are decreasing but still near historical highs, and in light of the local detection of the Omicron variant of COVID-19, the impact of which the spread of COVID-19 has shown to dramatically increase COVID-19 transmission; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021 on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions (including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 case, including due to the Delta and Omicron variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the Delta and Omicron variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and //

Page 6 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a gubernatorially proclaimed “state of emergency” pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-5, Local Reuse Authority Resolution No. 22-34, and Concord/Pleasant Hill Health Care District Resolution No. 21-025 on February 1, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(B), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees; this March 1, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing pursuant thereto; and WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-5, LRA Resolution No. 22-34, and Concord/Pleasant Hill Health Care District Resolution No. 22-025 was adopted continue to exist as of the date of this Resolution; and WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on March 1, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information,

Page 7 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4
exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated March 1, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”).

NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS

THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE

CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.

Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Section 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
//

Page 8 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Section 4. As of March 1, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on March 1, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers –
//
//
//
//
//

Page 9 of 10 ends

Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 6
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX, were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on March 1, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Page 10 of 10 ends

Staff Report
Date: March 1, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Aldrich Bautista, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering approval of the following for Residential Pavement Design, Phase A (including authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney):
(1) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) to provide design
engineering and related services for the Pavement
Maintenance - Zone 1B (Project No. 2516);
(2) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) to provide design
engineering and related services for the Pavement
Maintenance - Zones 2B & 2E (Project No. 2517);
(3) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) to provide design
engineering and related services for the Pavement
Maintenance - Zone 3B (Project No. 2561);

5.a5.a5.a5.a5.a5.a5.a5.a5.a5.a5.a5.a5.a

Page 1 of 88 ends

City Council Agenda Report
Agenda Item No. 5.a
March 1, 2022
(4) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) to provide design
engineering and related services for the Pavement
Maintenance - Zone 4Q (Project No. 2562); and
(5) Agreement for Professional Services with Pavement
Engineering Inc. in the not-to-exceed amount of $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) to provide design
engineering and related services for the Pavement
Maintenance - Zone 5L (Project No. 2563)
See map for each area which is Attachment 1 to the staff report
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15262, and/or Public Resources Code Section 21065.

Report in Brief
Residential Pavement Design, Phase A consists of Pavement Maintenance - Zone 1B (Project No. 2516), Pavement Maintenance - Zones 2B & 2E (Project No. 2517), Pavement Maintenance - Zone 3B (Project No. 2561), Pavement Maintenance - Zone 4Q (Project No. 2562), and Pavement Maintenance - Zone 5L (Project No. 2563). The projects will rehabilitate pavement in six residential neighborhoods. See Attachment 1 for location maps.

Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. After a competitive process, staff recommends Pavement Engineering, Inc. (PEI) to provide design engineering services for Project Nos. 2516, 2517, 2561, 2562, 2563. PEI has extensive experience in the design of pavement improvement projects.

Recommended Action

1. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) to provide design engineering and related services for the Pavement Maintenance - Zone 1B (Project No. 2516); and authorize the City Manager to execute the agreement in a form acceptable to the City.

Page 2 of 88 ends

City Council Agenda Report
Agenda Item No. 5.a
March 1, 2022

2. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) to provide design engineering and related services for the Pavement Maintenance - Zones 2B & 2E (Project No. 2517); and authorize the City Manager to execute the agreement in a form acceptable to the City.

3. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) to provide design engineering and related services for the Pavement Maintenance - Zone 3B (Project No. 2561); and authorize the City Manager to execute the agreement in a form acceptable to the City.

4. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) to provide design engineering and related services for the Pavement Maintenance - Zone 4Q (Project No. 2562); and authorize the City Manager to execute the agreement in a form acceptable to the City.

5. Approve an Agreement for Professional Services with Pavement Engineering Inc. in the not-to-exceed amount of $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) to provide design engineering and related services for the Pavement Maintenance - Zone 5L (Project No. 2563); and authorize the City Manager to execute the agreement in a form acceptable to the City.

Background
On June 1, 2021, the City Council approved an updated Five-Year Pavement Expenditure plan (5-Year Plan). Collectively these projects are grouped administratively under Residential Pavement Design, Phase A.

The projects will rehabilitate pavement in six residential neighborhoods. Work will also include concrete curb ramps, monument preservation, adjustment of utilities, signage, and pavement striping restoration.

On June 2, 2020, City Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Years 2020-21 and 2021-22 that was updated on June 6, 2021 with a mid- cycle update, which included funding the design of the following five projects under Residential Pavement Design, Phase A:
 Pavement Maintenance – Zone 1B (Project No. 2516) will focus on pavement treatments in a residential area south of the Concord Pavilion in Pavement Maintenance Zone 1B. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb

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ramp improvements. The project design is funded for Fiscal Year 2021-22 with $360,000 of Measure V Projects (Fund 490) and Measure J Local (Fund 475) funds.
 Pavement Maintenance – Zones 2B & 2E (Project No. 2517) will focus on pavement treatments in residential areas in Pavement Maintenance Zones 2B and 2E. The two Pavement Maintenance Zones are combined due to their proximity. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.

The project design is funded for Fiscal Year 2021-22 with $360,000 of Measure V Projects (Fund 490) and Measure J Local (Fund 475) funds.  Pavement Maintenance – Zone 3B (Project No. 2561) will focus on pavement treatments in the Ygnacio Wood residential area in Pavement Maintenance Zone 3B. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements.

The project design is funded for Fiscal Year 2021-22 with $340,000 of Measure V Projects (Fund 490) fund.
 Pavement Maintenance – Zone 4Q (Project No. 2562) will focus on pavement treatments in residential areas in Pavement Maintenance Zone 4Q. Treatments such as cape seals, Thin Maintenance Overlay (TMO), and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2021-22 with $340,000 of Measure V Projects (Fund 490) fund.
 Pavement Maintenance – Zone 5L (Project No. 2563) will focus on pavement treatments in a residential area by Mt. Diablo High School in Pavement Maintenance Zone 5L. Treatments such as slurry seal, cape seals, Thin Maintenance Overlay (TMO), mill-and-fill, and related treatments are to be considered, as well as curb ramp improvements. The project design is funded for Fiscal Year 2021-22 with $340,000 of Measure V Projects (Fund 490) fund.

For all projects, funds for design are currently available, however funding for construction will not be available until Fiscal Year 2022-23.

Analysis
Recognizing the unique funding opportunity provided by the Measure V Investment Plan, staff recommended prioritizing the design of residential pavement maintenance projects in all five paving zones to facilitate construction ahead of the scheduled years as identified in the Five-Year Pavement Expenditure Plan (5-Year Plan). According to the 5-Year Plan, only neighborhoods 4-Q and 2-E were programmed for funding in Year

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2. However, to accelerate the investment of Measure V into pavement rehabilitation and begin construction a full year earlier, the neighborhoods 1-B, 2-B, 3-B, and 5-L were all advanced from Year 3 to be immediately funded for design.

This advanced funding strategy by staff will continue to be recommended through the next Two-Year Capital Improvement Program (CIP) Budget, providing fully designed and shovel-ready residential paving projects, that allows adjustment of construction timing to coordinate with utility main replacements, maximizes opportunities to receive competitive bid pricing, and accelerates completion of pavement repair citywide.

Engineering design services are needed to initiate the design of each project, select the appropriate pavement treatment, and to develop project plans, specifications, and final construction cost estimates. Limits of pavement work may be adjusted in order to construct improvements within budget, based on final cost estimates and field review during design.

The preliminary schedule calls for design to begin in March 2022 and to be completed in December 2022. Following design, staff will advertise for construction bids. Construction is anticipated for April 2023.

Procurement Process
Staff issued a Request for Proposal (RFP) for design engineering and related services on November 9, 2021, for Residential Pavement Design, Phase A (Project Nos. 2516, 2517, 2561, 2562, 2563). The RFP was advertised in the local newspaper and the City’s Procurement Website. Four proposals were received, which were reviewed and ranked by the selection committee comprised of City staff from Engineering Services.

Based on the analysis of the proposals, interviews, and references, Pavement Engineering Inc. (PEI) was selected as the most qualified firm to provide design engineering and related services for Residential Pavement Design, Phase A (Project Nos. 2516, 2517, 2561, 2562, 2563). City staff and PEI negotiated the scope of work, and cost for the services, and agreed upon a combined $1,192,225.00 as fair and reasonable compensation for the services needed to complete the design phase of the various projects.

PEI is qualified and has extensive experience in the design of pavement maintenance and pavement rehabilitation projects, and has successfully completed the design of the following projects for the City of Concord:
 Pavement Maintenance – Zone 3 (Project No. 2443)
 Pavement Maintenance – Zone 4 (Project No. 2444)
 Citywide Pothole & Base Repair Project (Project No. 2453)  Citywide Arterial & Collector Maintenance Project (Project No. 2458)

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 Denkinger Road Pavement Rehabilitation (Project No. 2459) Each project will have their own plans, specifications, and estimate; however staff may consider combining projects in a single construction contract in order to attract contractors who prefer to bid in larger projects and benefit from economies of scale.

Financial Impact
There are enough funds in the budget for the design phase of Residential Pavement Design, Phase A (Project Nos. 2516, 2517, 2561, 2562, 2563). The projects will consist of the following funds during the design phase:
 Pavement Maintenance – Zone 1B (Project No. 2516)
o Measure V Projects (Fund 490)
o Measure J Local (Fund 475)
 Pavement Maintenance – Zones 2B & 2E (Project No. 2517) o Measure V Projects (Fund 490)
o Measure J Local (Fund 475)
 Pavement Maintenance – Zone 3B (Project No. 2561)
o Measure V Projects (Fund 490)
 Pavement Maintenance – Zone 4Q (Project No. 2562)
o Measure V Projects (Fund 490)
 Pavement Maintenance – Zone 5L (Project No. 2563)
o Measure V Projects (Fund 490)
All projects are funded for design this fiscal year. Additional funding will be needed for construction and will be proposed in the next Two-year Capital Improvement Program (CIP) Budget (Fiscal Years 2022-23 and 2023-24); which Council will consider in May and June 2022.

Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies),15378, and/or Public Resources Code Section 21065, the City Council action of awarding of the above-referenced Professional Services Agreements is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section

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15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Maps

2. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zone 1B (Project No. 2516)

3. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zones 2B & 2E (Project No. 2517)

4. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zone 3B (Project No. 2561)

5. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zone 4Q (Project No. 2562)

6. Professional Services Agreement with Pavement Engineering Inc. for Pavement Maintenance – Zone 5L (Project No. 2563)

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Attachment 1
Project Location Map
Residential Pavement Design – Phase A
City Project Nos. 2516, 2517, 2561, 2562 & 2563
PJ 2516
PJ 2561
PJ 2517PJ 2563
PJ 2562

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Project Location Map
Pavement Maintenance - Zone 1B - Project No. 2516

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Project Location Map
Pavement Maintenance - Zones 2B & 2E - Project No. 2517

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Project Location Map
Pavement Maintenance - Zone 3B - Project No. 2561

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Project Location Map
Pavement Maintenance - Zone 4Q - Project No. 2562

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Project Location Map
Pavement Maintenance - Zone 5L - Project No. 2563

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AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on March 1, 2022 between the City of Concord ("CITY") and Pavement Engineering, Inc., 3485 Sacramento Drive, Suite A, San Luis Obispo, CA 93401 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on March 1, 2022 and expire on June 30, 2023.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed two hundred seventy- two thousand nine hundred eighty-two dollars ($272,981) for the term of this Agreement. The total includes the sum of the base contract of two hundred forty-eight thousand one hundred sixty-five dollars ($248,165) and a 10% contingency of twenty-four thousand eight hundred sixteen dollars ($24,816). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be Attachment 2

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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Bruce Davis, Interim City Engineer of the Community Development Department.. The CONSULTANT’s authorized representative is Joe Ririe, President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section

3.10.040(a). The Minimum Threshold for Fiscal Year 2021-22 is $75,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is greater than the Minimum Threshold, including the base contract amount, must be approved by City Council.

CONSULTANT’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

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CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

CONSULTANT shall not represent that CONSULTANT or its officers, agents, employees, volunteers or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All documents furnished by CONSULTANT pursuant to this Agreement are instruments of CONSULTANT’s services in respect to this project. They are not intended nor are represented to be suitable for reuse by others except CITY on extensions of this project or on any other project. Any reuse without specific written verification and adoption by CONSULTANT for the specific purposes intended will be at user’s sole risk and without liability or legal exposure and expenses to CONSULTANT, including attorney’s fees arising out of such unauthorized reuse.

CONSULTANT’s records, documents, calculations, and all other instruments of service pertaining to actual project shall be given to CITY at the completion of the project. The CITY reserves the right to specify the file format that electronic document deliverables are presented to the CITY.

Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

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10. INDEMNIFICATION.

A. For Design Professional Services Only. Pursuant to California Civil Code Section 2782.8, CONSULTANT agrees to indemnify the CITY (including its officers, officials, agents, employees and volunteers) against liability for claims against the CITY that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of this Agreement. The CONSULTANT will reimburse the CITY for any expenditures, including reasonable attorney fees, incurred by the CITY in defending against claims ultimately determined to arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

B. For All Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its officers, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’s part shall not apply to the demands, actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

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committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, officials, agents, employees and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees or volunteers.

Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting

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provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

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CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin.

16. CONFLICT OF INTEREST.

A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY

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or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services. CONSULTANT shall ensure that all of its officers, officials, agents, employees and subcontractors who: (i) enter CITY premises in connection with the services to be performed by CONSULTANT hereunder, and/or (ii) have in-person contact with CITY officers, officials, agents, employees, subcontractors and volunteers, and/or members of the public in connection with the services to be performed by CONSULTANT hereunder, comply with all applicable Federal, State of California, Contra Costa County, and local laws, rules, and regulations, whichever is the most restrictive, regarding COVID-19 or similar public health matters, including regarding vaccinations, testing, reporting, social distancing, social gathering, mask wearing, and associated requirements.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

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the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

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To CITY: Bruce Davis, Interim City Engineer , Error! Reference source not found.

Community Development Department.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Joe Ririe, President
Pavement Engineering, Inc.

Suite A
San Luis Obispo,
CA93401
Phone: (805)781-2265
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager

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Address: Suite A Address: 1950 Parkside Drive
San Luis Obispo,CA 93401 Concord, CA 94519
Telephone: (805)781-2265 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $Error! Reference source not found.. Account Code 4019500C999-74500 /
4012516113-74500.

Finance Director's Signature

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TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 16 $2,400
Est. Total $12,240
TASK 2
Phase 2.1
Senior Principal Engineer $240 5 $1,200
Assistant Engineer $170 15 $2,550
Senior Engineering Technician $150 2 $300
Clerical $80 4 $320
Dynaflect Operator $500 4 $2,000
Coring Technician $400 8 $3,200
Dynaflect & Coring Crew Preparation $150 3 $450
Laboratory Manager $165 0 $0
Laboratory Technician $110 0 $0
Mobilization $2,530
Traffic Control $2,400
Est. Total $14,950
Phase 2.2
Assistant Engineer $170 30 $5,100
Senior Engineering Technician $150 30 $4,500
Engineering Technician $135 30 $4,050
Est. Total $13,650
Phase 2.3
Assistant Engineer $170 16 $2,720
Geo -West - Monument Perpetuation Report (14 Streets) $5,930 Est. Total $8,650
Phase 2.4
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $6,080
TASK 3
Phase 3.1
Senior Principal Engineer $240 58 $13,920
Assistant Engineer $170 87 $14,790
Senior Engineering Technician $150 175 $26,250
Engineering Technician $135 175 $23,625
Est. Total $78,585
Phase 3.2
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 40 $6,800
Est. Total $12,560
Phase 3.3
Senior Principal Engineer $240 9 $2,160
Assistant Engineer $170 15 $2,550
Utilitiy Locating Service $9,250
Potholing Service $18,500
Est. Total $32,460
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,480
Estimated Number of Ramps 3
Est. Total $10,440
Phase 4.2
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 5 $850
Senior Engineering Technician $150 4 $600
$1,690
Estimated Number of Ramps 23
Est. Total $38,870
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $240 2 $480
Assistant Engineer $170 8 $1,360
Est. Total $1,840
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 40 $6,800
Est. Total $9,200
Phase 6.2
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Est. Total $8,640
Total Estimated Project Fee: $248,165.00
Measure Field Quantities (14 Streets) and ADA Ramp Assessments (26 Ramps) CITY PROJECT NO. 2516 - ZONE 1B
Monument Perpetuation
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES
60%, 90% and Final PS&E Submittals

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT DESIGN - PHASE A

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
(ESTIMATED PROJECT FEE - $2.1 M)
Est. Total Per Ramp
Potholing and Utility Locating (Allowance)
Construction Support
As-Built Drawings
Utility Research and Coordination
Regular Ramps Quantities Only (~23 Ramps)
Complex Ramps with Topographic Survey (~3 Ramps)
Est. Total Per Ramp
Exhibit A to Attachment 2

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THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on March 1, 2022 and expire on June 30, 2023.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed three hundred twenty- four thousand five hundred ninety-three dollars ($324,593) for the term of this Agreement. The total includes the sum of the base contract of two hundred ninety-five thousand eighty-five dollars ($295,085) and a 10% contingency of twenty-nine thousand five hundred eight dollars ($29,508). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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10. INDEMNIFICATION.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

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D. Compliance with State Workers' Compensation Requirements.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

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CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

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To CITY: Bruce Davis, Interim City Engineer , Error! Reference source not found.

Community Development Department.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Joe Ririe, President
Pavement Engineering, Inc.

Suite A
San Luis Obispo,
CA93401
Phone: (805)781-2265
Email: [email protected]

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager

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Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $Error! Reference source not found.. Account Code 4909500C999-74500 /
4902517113-74500.

Finance Director's Signature

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TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 16 $2,400
Est. Total $12,240
TASK 2
Phase 2.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 30 $5,100
Senior Engineering Technician $150 2 $300
Clerical $80 6 $480
Dynaflect Operator $500 6 $3,000
Coring Technician $400 12 $4,800
Dynaflect & Coring Crew Preparation $150 5 $750
Laboratory Manager $165 0 $0
Laboratory Technician $110 0 $0
Mobilization $2,780
Traffic Control $3,600
Est. Total $23,210
Phase 2.2
Assistant Engineer $170 48 $8,160
Senior Engineering Technician $150 48 $7,200
Engineering Technician $135 48 $6,480
Est. Total $21,840
Phase 2.3
Assistant Engineer $170 16 $2,720
Geo -West - Monument Perpetuation Report (24 Streets) $10,165 Est. Total $12,885
Phase 2.4
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $6,080
TASK 3
Phase 3.1
Senior Principal Engineer $240 74 $17,760
Assistant Engineer $170 111 $18,870
Senior Engineering Technician $150 222 $33,300
Engineering Technician $135 222 $29,970
Est. Total $99,900
Phase 3.2
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 40 $6,800
Est. Total $12,560
Phase 3.3
Senior Principal Engineer $240 0 $0
Assistant Engineer $170 0 $0
Utilitiy Locating Service $0
Potholing Service $0
Est. Total $0
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,480
Estimated Number of Ramps 5
Est. Total $17,400
Phase 4.2
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 5 $850
Senior Engineering Technician $150 4 $600
$1,690
Estimated Number of Ramps 41
Est. Total $69,290
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $240 2 $480
Assistant Engineer $170 8 $1,360
Est. Total $1,840
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 40 $6,800
Est. Total $9,200
Phase 6.2
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Est. Total $8,640
Total Estimated Project Fee: $295,085.00
Est. Total Per Ramp
Construction Support
As-Built Drawings
60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Complex Ramps with Topographic Survey (~5 Ramps)
Est. Total Per Ramp
Regular Ramps Quantities Only (~41 Ramps)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (24 Streets) and ADA Ramp Assessments (46 Ramps) Monument Perpetuation
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT DESIGN - PHASE A
CITY PROJECT NO. 2517 - ZONES 2B & 2E
(ESTIMATED PROJECT FEE - $3 M)
Exhibit A to Attachment 3

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THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on March 1, 2022 and expire on June 30, 2023.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed three hundred five thousand four hundred thirty-seven dollars ($305,437) for the term of this Agreement. The total includes the sum of the base contract of two hundred seventy-seven thousand six hundred seventy dollars ($277,670) and a 10% contingency of twenty-seven thousand seven hundred sixty-seven dollars ($27,767). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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10. INDEMNIFICATION.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

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D. Compliance with State Workers' Compensation Requirements.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

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CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

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To CITY: Bruce Davis, Interim City Engineer , Error! Reference source not found.

Community Development Department.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Joe Ririe, President
Pavement Engineering, Inc.

Suite A
San Luis Obispo,
CA93401
Phone: (805)781-2265
Email: [email protected]

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager

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Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $Error! Reference source not found.. Account Code 4909500C999-74500 /
4902561113-74500.

Finance Director's Signature

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TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 16 $2,400
Est. Total $12,240
TASK 2
Phase 2.1
Senior Principal Engineer $240 6 $1,440
Assistant Engineer $170 18 $3,060
Senior Engineering Technician $150 2 $300
Clerical $80 5 $400
Dynaflect Operator $500 6 $3,000
Coring Technician $400 10 $4,000
Dynaflect & Coring Crew Preparation $150 4 $600
Laboratory Manager $165 0 $0
Laboratory Technician $110 0 $0
Mobilization $2,780
Traffic Control $3,200
Est. Total $18,780
Phase 2.2
Assistant Engineer $170 46 $7,820
Senior Engineering Technician $150 46 $6,900
Engineering Technician $135 46 $6,210
Est. Total $20,930
Phase 2.3
Assistant Engineer $170 16 $2,720
Geo -West - Monument Perpetuation Report (18 Streets) $7,625 Est. Total $10,345
Phase 2.4
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $6,080
TASK 3
Phase 3.1
Senior Principal Engineer $240 67 $16,080
Assistant Engineer $170 100 $17,000
Senior Engineering Technician $150 201 $30,150
Engineering Technician $135 201 $27,135
Est. Total $90,365
Phase 3.2
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 40 $6,800
Est. Total $12,560
Phase 3.3
Senior Principal Engineer $240 0 $0
Assistant Engineer $170 0 $0
Utilitiy Locating Service $0
Potholing Service $0
Est. Total $0
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,480
Estimated Number of Ramps 5
Est. Total $17,400
Phase 4.2
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 5 $850
Senior Engineering Technician $150 4 $600
$1,690
Estimated Number of Ramps 41
Est. Total $69,290
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $240 2 $480
Assistant Engineer $170 8 $1,360
Est. Total $1,840
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 40 $6,800
Est. Total $9,200
Phase 6.2
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Est. Total $8,640
Total Estimated Project Fee: $277,670.00

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT DESIGN - PHASE A
CITY PROJECT NO. 2561 - ZONE 3B
(ESTIMATED PROJECT FEE - $2.6 M)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (18 Streets) and ADA Ramp Assessments (46 Ramps) Monument Perpetuation
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES
Est. Total Per Ramp
Construction Support
As-Built Drawings
60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Complex Ramps with Topographic Survey (~5 Ramps)
Est. Total Per Ramp
Regular Ramps Quantities Only (~41 Ramps)
Exhibit A to Attachment 4

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THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on March 1, 2022 and expire on June 30, 2023.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed one hundred ninety-six thousand five hundred four dollars ($196,504) for the term of this Agreement. The total includes the sum of the base contract of one hundred seventy-eight thousand six hundred forty dollars ($178,640) and a 10% contingency of seventeen thousand eight hundred sixty-four dollars ($17,864). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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10. INDEMNIFICATION.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions

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D. Compliance with State Workers' Compensation Requirements.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,

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CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

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To CITY: Bruce Davis, Interim City Engineer , Error! Reference source not found.

Community Development Department.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Joe Ririe, President
Pavement Engineering, Inc.

Suite A
San Luis Obispo,
CA93401
Phone: (805)781-2265
Email: [email protected]

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager

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Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $Error! Reference source not found.. Account Code 4909500C999-74500 /
4902562113-74500.

Finance Director's Signature

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TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $240 32 $7,680
Assistant Engineer $170 32 $5,440
Senior Engineering Technician $150 16 $2,400
Est. Total $15,520
TASK 2
Phase 2.1
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 2 $300
Clerical $80 3 $240
Dynaflect Operator $500 4 $2,000
Coring Technician $400 4 $1,600
Dynaflect & Coring Crew Preparation $150 3 $450
Laboratory Manager $165 1 $165
Laboratory Technician $110 3 $330
Mobilization $2,530
Traffic Control $1,600
Est. Total $12,215
Phase 2.2
Assistant Engineer $170 18 $3,060
Senior Engineering Technician $150 18 $2,700
Engineering Technician $135 18 $2,430
Est. Total $8,190
Phase 2.3
Assistant Engineer $170 16 $2,720
Geo -West - Monument Perpetuation Report (9 Streets) $3,820 Est. Total $6,540
Phase 2.4
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $6,080
TASK 3
Phase 3.1
Senior Principal Engineer $240 35 $8,400
Assistant Engineer $170 57 $9,690
Senior Engineering Technician $150 93 $13,950
Engineering Technician $135 93 $12,555
Est. Total $44,595
Phase 3.2
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 40 $6,800
Est. Total $12,560
Phase 3.3
Senior Principal Engineer $240 6 $1,440
Assistant Engineer $170 10 $1,700
Utilitiy Locating Service $6,500
Potholing Service $13,000
Est. Total $22,640
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,480
Estimated Number of Ramps 2
Est. Total $6,960
Phase 4.2
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 5 $850
Senior Engineering Technician $150 4 $600
$1,690
Estimated Number of Ramps 14
Est. Total $23,660
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $240 2 $480
Assistant Engineer $170 8 $1,360
Est. Total $1,840
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 40 $6,800
Est. Total $9,200
Phase 6.2
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Est. Total $8,640
Total Estimated Project Fee: $178,640.00

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT DESIGN - PHASE A
CITY PROJECT NO. 2562 - ZONE 4Q
(ESTIMATED PROJECT FEE - $1 M)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (9 Streets) and ADA Ramp Assessments (16 Ramps) Monument Perpetuation
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES
Est. Total Per Ramp
Construction Support
As-Built Drawings
60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Complex Ramps with Topographic Survey (~2 Ramps)
Est. Total Per Ramp
Regular Ramps Quantities Only (~14 Ramps)
Exhibit A to Attachment 5

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THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on March 1, 2022 and expire on June 30, 2023.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, in no event shall the amount CITY pays CONSULTANT exceed two hundred eleven thousand nine hundred thirty-one dollars ($211,931) for the term of this Agreement. The total includes the sum of the base contract of one hundred ninety-two thousand six hundred sixty-five dollars ($192,665) and a 10% contingency of nineteen thousand two hundred sixty-six dollars ($19,266). Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

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receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

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6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers, officials, agents, employees or volunteers shall have any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance.

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prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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during the term of this Agreement, unless required by law.

10. INDEMNIFICATION.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

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C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

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agents, employees or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

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property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

B. CONSULTANT is not a designated employee within the meaning of the Political

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Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

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20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's

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address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Bruce Davis, Interim City Engineer , Error! Reference source not found.

Community Development Department.

City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Joe Ririe, President
Pavement Engineering, Inc.

Suite A
San Luis Obispo,
CA93401
Phone: (805)781-2265
Email: [email protected]

IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Joe Ririe Name: Valerie J. Barone
Title: President Title City Manager
Address: Suite A Address: 1950 Parkside Drive
San Luis Obispo,CA 93401 Concord, CA 94519
Telephone: (805)781-2265 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2022/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $Error! Reference source not found.. Account Code 4909500C999-74500 /
4902563113-74500.

Finance Director's Signature

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TASK 1 PROJECT ADMINISTRATION AND MEETINGS
Position Rate Hours Total
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 16 $2,400
Est. Total $12,240
TASK 2
Phase 2.1
Senior Principal Engineer $240 3 $720
Assistant Engineer $170 8 $1,360
Senior Engineering Technician $150 2 $300
Clerical $80 3 $240
Dynaflect Operator $500 4 $2,000
Coring Technician $400 4 $1,600
Dynaflect & Coring Crew Preparation $150 3 $450
Laboratory Manager $165 0 $0
Laboratory Technician $110 0 $0
Mobilization $2,530
Traffic Control $1,600
Est. Total $10,800
Phase 2.2
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Engineering Technician $135 24 $3,240
Est. Total $10,920
Phase 2.3
Assistant Engineer $170 16 $2,720
Geo -West - Monument Perpetuation Report (6 Rehab Streets) $2,545 Est. Total $5,265
Phase 2.4
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 16 $2,720
Senior Engineering Technician $150 16 $2,400
Est. Total $6,080
TASK 3
Phase 3.1
Senior Principal Engineer $240 47 $11,280
Assistant Engineer $170 75 $12,750
Senior Engineering Technician $150 122 $18,300
Engineering Technician $135 122 $16,470
Est. Total $58,800
Phase 3.2
Senior Principal Engineer $240 24 $5,760
Assistant Engineer $170 40 $6,800
Est. Total $12,560
Phase 3.3
Senior Principal Engineer $240 9 $2,160
Assistant Engineer $170 15 $2,550
Utilitiy Locating Service $9,250
Potholing Service $18,500
Est. Total $32,460
TASK 4 Curb Ramp Designs
Phase 4.1
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 12 $2,040
Senior Engineering Technician $150 5 $750
Geo-West (Topo Per Ramp) $450 1 $450
$3,480
Estimated Number of Ramps 2
Est. Total $6,960
Phase 4.2
Senior Principal Engineer $240 1 $240
Assistant Engineer $170 5 $850
Senior Engineering Technician $150 4 $600
$1,690
Estimated Number of Ramps 10
Est. Total $16,900
TASK 5 BID SUPPORT SERVICES
Senior Principal Engineer $240 2 $480
Assistant Engineer $170 8 $1,360
Est. Total $1,840
TASK 6 CONSTRUCTION SUPPORT SERVICES
Phase 6.1
Senior Principal Engineer $240 10 $2,400
Assistant Engineer $170 40 $6,800
Est. Total $9,200
Phase 6.2
Senior Principal Engineer $240 4 $960
Assistant Engineer $170 24 $4,080
Senior Engineering Technician $150 24 $3,600
Est. Total $8,640
Total Estimated Project Fee: $192,665.00

FEE BREAKDOWN SCHEDULE

FOR THE

CITY OF CONCORD

RESIDENTIAL PAVEMENT DESIGN - PHASE A
CITY PROJECT NO. 2563 - ZONE 5L
(ESTIMATED PROJECT FEE - $1.4 M)

PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
Pavement Analysis
Measure Field Quantities (11 Streets) and ADA Ramp Assessments (12 Ramps) Monument Perpetuation
Concept Level Budget Analysis
PLANS, SPECIFICATIONS and ESTIMATES
Est. Total Per Ramp
Construction Support
As-Built Drawings
60%, 90% and Final PS&E Submittals
Utility Research and Coordination
Potholing and Utility Locating (Allowance)
Complex Ramps with Topographic Survey (~2 Ramps)
Est. Total Per Ramp
Regular Ramps Quantities Only (~10 Ramps)
Exhibit A to Attachment 6

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Residential Pavement Design
Phase A
City of Concord
Regular Meeting of the City Council
Kevin Marstall, Director of Community Development
Tuesday, March 1, 2022

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2 Pavement Maintenance - Zone 1B (Project No. 2516)
Pavement Maintenance - Zones 2B & 2E (Project No. 2517) Pavement Maintenance - Zone 3B (Project No. 2561)
Pavement Maintenance - Zone 4Q (Project No. 2562)
Pavement Maintenance - Zone 5L (Project No. 2563)
Residential Pavement Design, Phase A

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3 PJ 2516
PJ 2517PJ 2563
PJ 2562
PJ 2561

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Design & Construction Schedule for Phase A Projects
Based on Five-Year Pavement Expenditure Plan
Residential Pavement – Neighborhood Subzone
(Year Identified in 5-Year Plan)
Original Estimated
Year of Construction
Revised EstimatedYear
of Construction
Pavement Maintenance –Zone 4Q (Year 2) Spring 2023 No Change Pavement Maintenance -Zones 2E (Year 2) Spring 2023 No Change Pavement Maintenance -Zone 1B (Year 3) Spring 2024 Spring 2023 Pavement Maintenance– Zone 2B (Year 3) Spring 2024 Spring 2023 Pavement Maintenance -Zone 3B (Year 3) Spring 2024 Spring 2023 Pavement Maintenance -Zone 5L (Year 3) Spring 2024 Spring 2023 4

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Advantages of Accelerating Pavement Design
for Residential Maintenance Zones Citywide
6 Completing design early
• Allows optimal bid timing to receive most competitive pricing • Accommodates longer lead time for utility coordination • Increases opportunity to incorporate additional scope of work • Maximizes flexibility for construction scheduling
• Facilitates combining proximate zones in different plan years • Avoids rising construction costs towards later years of plan

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Residential Roadway Investment
Currently Proposed in 5-Year Plan
7 $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M
$.9M
$6.0M $6.0M $6.0M $6.0M$5.5M
$5.5M $5.5M $5.5M $5.5M
$5.5M $5.5M
$.0M
$2.0M
$4.0M
$6.0M
$8.0M
$10.0M
$12.0M
$14.0M
$16.0M
$18.0M
$20.0M
Historical Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Future Years Existing Fundiing
One Year Investment Plan
Enhanced Funding Year 2-5
Annual Residual

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Residential Roadway Investment
Accelerated Design & Construction
8 $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M $3.0M
$.9M
$11.5M $10.5M
$1.5M $.5M
$5.5M
$5.5M
$5.5M
$5.5M
$5.5M $5.5M $5.5M
$.0M
$2.0M
$4.0M
$6.0M
$8.0M
$10.0M
$12.0M
$14.0M
$16.0M
$18.0M
$20.0M
Historical Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Future Years Existing Fundiing
One Year Investment Plan
Enhanced Funding Year 2-5
Annual Residual

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Recommended Council Action
9 Approve all five (5) Agreements for Professional Services with Pavement Engineering Inc. in the not-to-exceed amounts shown below to provide design engineering and related services for the Pavement Maintenance Zones as identified:
◦ $272,981 (base agreement of $248,165 plus staff authority to spend up to a 10% contingency of $24,816) -Zone 1B (Project No. 2516)
◦ $324,593 (base agreement of $295,085 plus staff authority to spend up to a 10% contingency of $29,508) -Zones 2B & 2E (Project No. 2517)
◦ $305,437 (base agreement of $277,670 plus staff authority to spend up to a 10% contingency of $27,767) -Zone 3B (Project No. 2561)
◦ $196,504 (base agreement of $178,640 plus staff authority to spend up to a 10% contingency of $17,864) -Zone 4Q (Project No. 2562)
◦ $211,931 (base agreement of $192,665 plus staff authority to spend up to a 10% contingency of $19,266) -Zone 5L (Project No. 2563)
and authorize the City Manager to execute the agreement in a form acceptable to the City.

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City Council
Questions
10

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Staff Report
Date: March 1, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering draft plans drawn by the independent demographer for the purpose of redistricting Council election districts, and providing direction on refinements to draft plans; and introducing an Ordinance of the City of Concord
Amending Concord Municipal Code Chapter 2.35 (Elections) to permit the district boundaries for “By Districts” Elections to be established by Resolution by reading of the title only and waiving further reading.

CEQA: Exempt under CEQA Guidelines Sections 15320, 15378, and 15061(b)(3).

Report in Brief
On February 1, 2022, the City held the third public hearing (Public Hearing #3) to receive input on the composition of voting districts based on the 2020 Census data prior to maps being considered for revision. Pursuant to California Elections Code Section 21607.1, tonight’s hearing is one of at least four legally-required public meetings to inform the public about the redistricting process and receive community input on how to redraw the boundaries of the voting districts. During tonight’s public hearing, the City Council will provide direction to the City’s independent demographer on refinements to the draft plans, and introduce the attached Ordinance (Attachment 4).

Recommended Action
Hold the public hearing to receive input on draft plans drawn by the independent demographer for the purpose of redistricting Council election districts, and provide direction to staff and to the City’s independent demographer on refinements; and

6.a6.a6.a6.a6.a6.a6.a6.a6.a

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City Council Agenda Report
Agenda Item No. 6.a
March 1, 2022
introduce the attached Ordinance by reading of the title only and waiving further reading.

Background
On January 2, 2018, the City Council adopted a resolution of intention to transition from at-large to by-district elections. The final district-based maps were adopted on February 27, 2018; the adopted ordinance included five new Council districts and a phase-in election schedule from 2018-2020. At this point in time, all five Councilmembers have been elected to their Council seats through a district election.

After each decennial census, the City must conduct a process whereby the City Council adopts districts using new census data. The process is called redistricting, and it must be completed by April 17, 2022. The City Council desires to conduct five public hearings1 during the redistricting process. The first public hearing occurred on November 2, 2021, the second public hearing occurred on January 10, 2022, and the third public hearing occurred on February 1, 2022.

The City has also hosted two public workshops to receive community input and to explain how to use the available online tools to provide additional input. These workshops were held over zoom on November 15 and 172 and led by staff and the City’s independent demographer. Staff also hosted a virtual drop-in meeting and has been responsive to individual outreach by interested parties.

Public Engagement
A significant amount of public outreach has occurred with the goal of gathering as much public input on the process as possible. These efforts include a combination of directly mailed and electronically mailed materials, social media posts and City website information, virtual engagements, and public hearings. A full listing of engagement efforts is included as Attachment 2.

Public Input
During Public Hearing #1 on November 2, one member of the public spoke on the topic.

The speaker advocated to keep District 3 intact as it is currently drawn. The same speaker provided slightly revised comments in an email dated November 29 by suggesting that Reganti Place be included in District 3, given that the street is comprised of high-density apartment complexes.
1 For convenience, the Council-led public hearings are referred to in this staff report as Public Hearing #1, Public Hearing #2, Public Hearing #3, etc.
2 Although one of those staff/consultant-led workshops legally qualifies as a public hearing pursuant to Elections Code Section 21607.1(e), this staff report does not identify it in the Council-led Public Hearing count referenced in the preceding footnote.

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City Council Agenda Report
Agenda Item No. 6.a
March 1, 2022
Two workshops were held via Zoom on November 15 and 17. The purpose of holding these workshops was to provide an informal setting where participants could receive information about the redistricting process and demonstrations of how the map drawing tools work. Despite extensive outreach, which included a direct mailing to all Concord postal customers (approximately 51,502 addresses) and use of social media, both workshops were lightly attended, yielding approximately 14 participants in total.

During Public Hearing #2 on January 10, six speakers provided the following summarized comments: one speaker reinforced their desire to see Reganti Place included in District 3; two had comments and questions regarding the process and thoughts on election procedures; and three expressed a desire to see redrawn districts which better represent minorities and low income households.

On January 11 City staff held a virtual “office hour” from 12 pm to 1 pm. The goal of the informal session was to further help interested persons participate in the redistricting process. Three participants attended the session and asked various questions of staff.

The public was informed of these office hours through social media posts, the City’s e- newsletter, website, and through oral presentation at Public Hearing #2.

During Public Hearing #3 on February 1, nineteen speakers provided the following summarized comments: five speakers expressed desire to keep Council districts as currently drawn, and one additional expressed desire to retain District 2 as-is, emphasizing the need to keep the North Todos Santos area within the same district as the downtown. Two speakers emphasized a need to keep neighborhoods and communities of interest together to help ensure representation, while nine more expressed similar sentiment while specifically supporting Public Plan 3. The authors of Public Plan 1 and Public Plan 3 each provided testimony on the plans they submitted.

During this redistricting process, City staff have been and continue to be available to meet with interested individuals and community groups such as HOAs, businesses or service organizations, faith-based groups, and other community organizations.

Interested persons or groups wanting to schedule a briefing with staff should do so utilizing the below contact information. This ability for community members to meet with staff has been communicated in all outreach materials, including mailings, social media posts, e-newsletters, website, etc.

In addition to the ability to receive information at the various informal meetings and provide testimony during public hearings, the City has developed several other ways to allow residents to submit input on the City’s redistricting process. These include:

1. Sending an e-mail to [email protected]

2. Mailing or dropping off comments and/or map submission forms at 1950 Parkside Drive, Concord, CA 94519

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City Council Agenda Report
Agenda Item No. 6.a
March 1, 2022

3. Emailing or calling the City Clerk at [email protected] or (925) 671- 3390.

As mentioned throughout this report, a webpage on redistricting has been created at:
www.cityofconcord.org/redistricting. All information related to the City’s process is on this webpage, including opportunities for when and how the public can contribute to the decision-making process. The webpage and supporting materials have been translated into Spanish, and those are posted on a dedicated web page linked to the main redistricting page.

Analysis
In September 2021 the U.S. Census Bureau released the official data necessary for the City to begin the redistricting process. This data must be used to be in compliance with the Fair Maps Act, which was adopted by the California Legislature as AB 849 and took effect January 1, 2020. Under the Act, any changes in district boundaries shall be drawn and adopted using the following criteria in the listed order of priority pursuant to Elections Code Section 21601:

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Be geographically contiguous

3. Keep neighborhoods and “communities of interest” (socio-economic geographic areas) together

4. Use easily identifiable and understandable boundaries

5. Be drawn so that districts are relatively compact (do not bypass one group of people to get to a more distant group of people)

6. Neither favor or discriminate against a political party By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
 At least one hearing must occur before the City Council draws draft maps  At least two hearings must happen after the drawing of draft maps  City staff or consultants may hold a public workshop instead of one of the required pre-map public redistricting hearings
In accordance with state law, there are additional requirements related to the mandated public hearings. Each is discussed below:
 At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday

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City Council Agenda Report
Agenda Item No. 6.a
March 1, 2022
o Each of the public hearings, including the November 15 and 17 workshops, have or will be held at or after 6 p.m. on a weekday  If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing portion must begin at a pre-designated time that is noticed to the public
o Each of the public hearings, including the November 15 and 17 workshops, have or will be held at pre-designated times that were noticed to the public
 Local public redistricting hearings should be made accessible to people with disabilities
o The City of Concord offers its public programs, services, and meetings in a manner that is readily accessible to everyone, including those with disabilities, in accordance with the American with Disabilities Act and California Law
Changes from the 2010 Census Data
When City Council district-based maps were adopted in 2018 they had a total population deviation of 4.3%. The 2020 census identifies the demographic makeup of the districts having changed slightly, with the population deviation increasing to a total of

7.6%, which would still fall within a justifiable range of 10% if the districts were to remain as they are. Demographic data of the existing districts is included in Attachment 1.

Tonight’s Public Hearing
The purpose of tonight’s public hearing, Public Hearing #4, is to review the draft plans and for the City Council to provide direction to the City’s independent demographer on any final refinements. Council may then introduce the attached ordinance (Attachment 4).

As a reminder, communities of interest must be taken into consideration while drawing council district boundaries. A community of interest under the relevant Elections Code for cities (Elections Code Section 21601(c)) is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”
Possible features defining a community of interest might include, but are not limited to:
 Shared interests in schools, housing, community safety, transit, health conditions, land use, environmental conditions, and/or other issues;  Common social and civic networks, including churches, mosques, temples, homeowner associations, and community centers, and shared use of community spaces, like parks and shopping centers;

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City Council Agenda Report
Agenda Item No. 6.a
March 1, 2022
 Cultural identities, including households that predominantly speak a language other than English;
 Similar socio-economic status, including but not limited to income, home- ownership, and education levels.

Communities of interest do not include relationships with political parties, incumbents, or political candidates.

Council should also consider other traditional redistricting criteria such as:
 Contiguity and compactness of districts, including their shape and appearance.  Keeping communities of interest, such as neighborhoods, school district boundaries, etc., undivided by a district boundary, to the extent feasible.  Using understandable natural and man-made geographical and topographical boundaries as much as possible.

Plans for Consideration
Attachment 1 contains four draft plans drawn by the demographer in response to Council direction at previous hearings. Staff published these plans on the City’s redistricting webpage on February 9, 2022. Staff subsequently distributed an e- newsletter to the public with information about the availability of the plans and a reminder about this Public Hearing. Staff also distributed an email to community-based organizations alerting them to the publishing of the draft plans and information about this Public Hearing. Staff posted the information on Nextdoor, Facebook and Twitter.

A general description of the draft plans is as follows:
- Current Districts. The existing City Council district boundaries have a total population deviation of 7.6%.
- Plan 2A. Plan 2A has a total population deviation of 9.4%. The minor difference between current boundaries and this draft is a cleaner boundary along Cowell Road by moving portions of District 4 to Districts 2 and 5. - Plan 3A. Plan 3A has a total population deviation of 9.1%. This plan extends District 2 into current District 3 to encompass Adobe and Broadway, the Renaissance and Park Central Apartments, and the white picket fence property.

This plan also extends current District 3 into current District 4 in the Monument- Mohr area, and swaps portions of Districts 2, 4, and 5 along Cowell Road. - Plan 3B. Plan 3B has a total population deviation of 9.6%. This plan also extends District 2 into current District 3 to encompass the Renaissance and Park Central Apartments, and the white picket fence property. Similar, but not exactly the same as Plan 3A, it extends current District 3 into current District 4 in the

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Concord City CouncilMarch 1, 2022

Concord City Council
March 1, 2022