Concord City Council
June 14, 2022

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
Tuesday,
June 14, 2022
6:00 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

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. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

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 Join the Zoom webinar by following THIS LINK
For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK
Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE
Please note
6:00 p.m.

Meeting Start
2 How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

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:

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

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/86391054431?pwd=ajBxcDY0VHFyNVFleG16ektSaTNqUT09 oWebinar ID: 863 9105 4431
oPasscode: 449614
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 called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

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
Pledge of Allegiance - Councilmember Birsan

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. a. Written Public Comment

3. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, 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 – approval of the minutes from the May 3, 10, and 24, 2022, meetings. Recommended by the City Clerk.
b. Considering – adoption of a Resolution calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said General Municipal Election with the General Election to be held on November 8, 2022. Recommended by the City Clerk.
c. Considering – the following:

1. Award of a construction contract in the amount $3,842,741.50 to Ghilotti Bros., Inc. for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approval of a Professional Services Agreement with UNICO Engineering in the not-to-exceed amount of $315,828.54 (base agreement of $300,789.09 plus staff authority to spend up to a 5% contingency of $15,039.45) to provide construction management, inspection, and materials testing services for the 4 Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approval of an amendment to Caltrans’ Cooperative Implementation Agreement with City, which provides additional funding in the amount of $800,000.00 from Caltrans, for construction of the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

4. Approval of budget transfers in the total amount of $500,000 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including:
$66,551 from PJ 2373 (Gateway Blvd Median Replant, Fund 402); $156,820 from PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 & 400); $210,000 from PJ 2442 (Green Infrastructure Pilot, Fund 401) and $49,180 from PJ 2521 (Full Trash Capture Devices #4, Fund 270). Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065.
d. Considering – approval of four separate Professional Services Agreements in the amount of $500,000 each for a five year term with 4LEAF, West Coast Code Consultants, TRB and Associates, and Shums Coda Associates for Plan Check and Building Inspection services, and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney.

Recommended by the Director of Community Development.

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

4. 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 the draft Housing Element Update (HEU) and public comment, and providing input to be incorporated into a revised draft HEU to be submitted to the California Department of Housing and Community Development. Report by Aaron Sage, Principal Planner.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.
5 5. 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:
(1) Direction on policy options identified in the draft Residential Tenant Anti- Harassment Protection Ordinance, and
(2) Introduction of an Ordinance amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection” by reading of the title only and waiving further reading. Report by Brenda Kain, Housing Manager.

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

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

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

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/28/2022 6:30 p.m.

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 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 6 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.

From: D'Marco Anthony <[email protected]>
Sent: Monday, June 13, 2022 11:42 PM
To: City Clerk <[email protected]>
Subject: General Public Comment

Hello, I wanted to address a conversation I had with Councilmember McGallian via email. He basically insinuated that I am uneducated and/or ignorant, and I feel like I need to condemn that kind of behavior publicly. Councilmembers should not belittle their constituents. It is very offensive and counterproductive. I would hope that moving forward, when you all interact with members of the public, you will start with the basic assumption that they are in fact informed.

Thank you,

-D'Marco J. Anthony

Agenda Item No. 2
Written Public Comment
June 14, 2022

2.a

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL

HEALTH CARE DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 3, 2022
The Concord City Council met in a regular meeting In the Council Chamber located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 3, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Obringer. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Debra Solomon,
Administrative Clerk III; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Will Tarbox, Director of Public Works; Kevin Marstall, Director of Community Development; Steve Voorhies, Director of Parks and Recreation; Greg Taylor, Director of Information Technology; Craig Blythe, Administrative Services Manager; Kylie Hicks, Budget Analyst; Bruce Davis, Interim City Engineer; Aaron Sage, Principal Planner; James Nakayama, Captain; Bernard Enrile, CIP Manager; Eugene
Loew, Parks Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariah Lauritzen, Concord; Eric Haynes, Concord; Santino Bernuzzani, Concord; Forrest Ebert, Concord; Renee Seaton, Concord; Kelly Smith, Concord; Brad Roy, Concord; Tim Carr, Concord; Cora Mitchell

PUBLIC COMMENT PERIOD
Mariah Lauritzen, Concord, requested that she be allowed to apply for a permanent memorial for cyclist Jose Castillo through public art that serves as a public memorial.

Eric Haynes, Concord, requested that the subject of Airbnb’s be agendized on a future City Council meeting.

PRESENTATION
PROCLAMATION – Municipal Clerks’ Week
Mayor Aliano presented Debra Solomon, Administrative Clerk III, Neetu Salwan, Deputy City Clerk, and Joelle Fockler, City Clerk, a proclamation declaring the week of May 1 – 7, 2022, as “Municipal Clerks’ Week in the City of Concord.

3.a3.a3.a

City Council Minutes May 3, 2022
Following questions from the City Council, Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL/CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR

CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

APPROVAL OF MINUTES – April 5, 2022
A motion was made by Birsan and seconded by Hoffmeister to approve the minutes from the April 5, 2022, meeting. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-6 – Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy – Assembly Bill No. 481 A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 22-6 entitled, “An Ordinance of the City Council of the City of Concord Adopting and Approving Concord Police Department Policy 706, Military Equipment Use Policy, in Compliance with California Assembly Bill No. 481." Ordinance No. 22-6 was introduced on April 12, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

ADOPTION OF ORDINANCE NO. 22-7 – Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for All Classic Members in the Concord Police Association and the Concord Police Association Managers’ Representation Unit
A motion was made by Birsan and seconded by Obringer to adopt Ordinance No. 22-7 entitled, “An Ordinance of the City Council of the City of Concord, California, Authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Concord to Amend Provisions Pursuant to Government Code Section 20516 (Employees Sharing Additional Cost) for All Classic Members in the Concord Police Association and the Concord Police Association-Managers' Representation Unit." Ordinance No. 22-7 was introduced on April 12, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

APPROVAL OF A MAINTENANCE SERVICES AGREEMENT – West Coast Arborists, Inc.

A motion was made by Birsan and seconded by Obringer to approve a three-year Maintenance Services Agreement in the amount of $2,250,000 (average of $750,000 per fiscal year) with West Coast Arborists, Inc. to provide tree maintenance services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

FORMALLY CANCEL AWARD OF CONTRACT – Centre Concord Foundation Stabilization Project, PJ 2481
A motion was made by Birsan and seconded by Obringer to formally cancel the March 2, 2020, award of a contract for the Centre Concord Foundation Stabilization Project (PJ 2481) in the amount of $236,706.80 to Engineered Soil Repairs, Inc. of Walnut Creek, reject all bids, and authorize staff to re- advertise the project. The motion passed by unanimous vote of the Council.

City Council Minutes May 3, 2022
ACCEPT IMPROVMENTS – Diamond Boulevard/Willow Pass Road Sewer Repair, Project No. 2554 A motion was made by Birsan and seconded by Obringer to accept improvements for Diamond Boulevard/Willow Pass Road Sewer Repair, Project No. 2554, and direct the City Clerk to file a Notice of Completion. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-31 – List of Projects for Fiscal Year 2022-23 to be funded by SB 1:

The Road Repair and Accountability Act of 2017
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-31 entitled, “A Resolution Adopting a List of Projects for Fiscal Year 2022-23 to be Funded by SB 1: The Road Repair and Accountability Act of 2017.” The motion passed by unanimous vote of the Council.

AWARD OF CONSTRUCTION CONTRACT – Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447 – Bay Pacific Pipelines, Inc.

A motion was made by Birsan and seconded by Obringer to award a Construction Contract in the amount of $2,887,545 to Bay Pacific Pipelines Inc. for the Ellis Lake Area Sanitary Sewer Improvement Project, Project No. 2447; authorize staff to utilize the available project contingency for contract change orders up to 20% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; approval of a Professional Services Agreement with Dewberry Engineers Inc. in the not-to-exceed amount of $472,782 (base agreement of $429,801.95 plus staff authority to spend up to a 10% contingency of $42,980.05) for construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

APPROVAL OF AN AMENDED AND RESTATED SOLID WASTE FRANCHISE AGREEMENT – Mount Diablo Resource Recovery
A motion was made by Birsan and seconded by Obringer to approve an Amended and Restated Solid Waste Franchise Agreement with Mount Diablo Resource Recovery in response to changes in the solid waste industry.

CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR APPOINTMENT TO THE JOHN MUIR COMMUNITY HEALTH FUND BOARD – Niko Anagnostopoulos A motion was made by Birsan and seconded by Obringer to appoint Niko Anagnostopoulos as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2025, due to an unscheduled vacancy created by the death of Dr. Michelle Hernandez.

The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
DIRECTION TO STAFF AND APPLICANT – APPLICATION FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION AND ZONING CLASSIFICATION – 1536, 1538, and 1540 Farm Bureau Road Assistant Planner Michael Hart presented the report, explaining that staff and the applicant were requesting direction on Council’s willingness to consider an application for an amendment to the General Plan designation and zoning classification of a 0.86-acre site located at 1536, 1538, and 1540 Farm Bureau Road from Low Density Residential to Medium Density Residential, which would allow for a density range of 11 to 32 units per net acre, where the current allowed density range is 2.5 to 10 units per net acre. Mr. Hart explained that if, after hearing the Council’s feedback, the applicant decides to proceed with the General Plan Amendment and Zoning Map Amendment, the applications would go through the traditional review process before returning to Council for consideration and final decisions.

City Council Minutes May 3, 2022
Following questions from the City Council, Mayor Aliano opened a public comment period.

The following people spoke in opposition to the proposed project as presented:

Santino Bernuzzani, Concord
Forrest Ebert, Concord
Renee Seaton, Concord
Kelly Smith, Concord
Brad Roy, Concord
Mariah Lauritzen, Concord, spoke in favor of a multifamily project.

Mayor Aliano closed the public comment period.

The City Council provided direction to staff to continue to work with the applicant to refine the application, which if proceeds, will be reviewed and processed in accordance with the CDC and State law (including CEQA), which will include public hearings held with the Planning Commission then City Hall.

Mayor Aliano recessed the meeting at 7:56 p.m. The meeting resumed at 8:04 p.m.

CITY COUNCIL PUBLIC HEARING
PROVIDING DIRECTION ON ADOPTING A BASE RATE FOR SANITATION AND REFUSE FEES; AND ADOPTION OF RESOLUTION NO. 22-6042.1 – City’s Master Fees and Charges Schedule Budget Analyst Kylie Hicks presented the report, providing background by reviewing Policy and Procedure No. 170, title of procedure, and a summary of proposed changes to the City’s Master Fees and Charges Schedule. She introduced Craig Blythe, Administrative Services Manager, who reiterated that the Council was being requested to select and approve an option for phased-in rate increase for sanitation and refuse fees.

Administrative Services Manager Blythe introduced Garth Schultz, Principal R3 Consulting Group, who provided a rate adjustment background, rate review outcomes, factors affecting rate increases, comparison to other communities, and five-year rate adjustment options.

Following questions by the City Council to staff and representatives from Mt. Diablo Resource Recovery, Mayor Aliano opened a public comment period.

Eric Haynes, Concord, spoke in support of Scenario #1.

Tim Carr, Concord, spoke in support of Mount Diablo Resources Recovery.

Cora Mitchell spoke of Mount Diablo Resources Recovery passing along costs to customers.

Mayor Aliano closed the public comment period.

Following discussion by the Council, a motion was made by Hoffmeister and seconded by Birsan to adopt Resolution No. 22-6042.1 entitled, “A Resolution Amending Exhibit A to Resolution No. 78-6042 Establishing Fees and Charges for Various Municipal Services in the City of Concord” and including a

9.76 percent increase for Sanitation and Refuse Fees in 2022 followed by Refuse Rate Index plus 4.61 percent in 2023 and 2024 and Refuse Rate Index plus 6.26 percent in 2025 and 2026 (with the intention of having the resulting rate adjustment in all five years be at our around 9.76 percent.) The motion passed by unanimous vote of the Council.

City Council Minutes May 3, 2022

CORRESPONDENCE
a. Letter to Chairman Archuleta, Committee on Military and Veterans Affairs RE: SJR 15 Port Chicago (Glazer) – April 26, 2022
b. Agenda Item No. 5.a, 1536, 1538, and 1540 Farm Bureau Road – Correspondence Received After 3 p.m. on May 3, 2022
c. Agenda Item No. 5.a, 1536, 1538, and 1540 Farm Bureau Road – PowerPoint d. Agenda Item No. 6.a, Master Fee Schedule – PowerPoint e. Agenda Item No. 6.a, Master Fee Schedule – Benched Attachment 4

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

Mayor Aliano announced the formation of a Council Ad Hoc Committee comprised of Councilmember Hoffmeister and himself to develop recommendations for full Council review on the American Recovery Plan Act (ARPA) Investment Plan – specifically on spending categories, dollar allocations to spending categories, and process for allocating funds within each spending category. The committee will exist until recommendations are made to the full Council or the end of calendar year 2022, whichever comes first.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 3, 2022, at 9:45 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 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

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 10, 2022
The Concord City Council met in a regular meeting in the Council Chamber located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 10, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Vice Mayor Hoffmeister. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL

COUNCILMEMBERS PRESENT VIA
VARIOUS ELECTRONIC LOCATIONS: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano

STAFF PRESENT VIA VARIOUS
ELECTRONIC LOCATIONS: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Patti Barsotti, City Treasurer; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; Mark Bustillos, Chief of Police; Karan Reid, Director of Finance; Steve Voorhies, Director of Parks and Recreation; William Tarbox, Director of Public Works; Donna Lee, Budget Officer; Abhishek Parikh, Deputy Director of Public Works – Transportation; Bruce Davis, Interim City Engineer; Bernard Enrile, CIP Manager; Craig Blythe, Administrative Services Manager; Eugene Loew, Parks Manager; Kathryn Monroy, Program Manager; Barbie Gary,
Program Manager; Matt Galindo, Recreation & Special Events Program Coordinator; Jesse Crawford, Maintenance
Superintendent; Kevin Halm, Lieutenant; Stefanie Ananthan, Senior Administrative Analyst; Kevin Wheat, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Debbie Wellnitz,
Administrative Services Manager; Bob Hardie, Facilities Maintenance Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Jay Bedecarre; Mariah Lauritzen, Concord; Cora Mitchell; Ady; Suzanne Delbou, Concord

PUBLIC COMMENT PERIOD
Jay Bedecarre announced the upcoming Bay Area KidFest to be held May 28-30, 2022, at Mt.

Diablo High School, 2450 Grant Street.

Mariah Lauritzen, Concord, spoke of a memorial for cyclist Jose Castillo.

City Council Minutes May 10, 2022
Cora Mitchell spoke of the need for GARE assessments.

Ady spoke of the need for GARE assessments.

PRESENTATION

UPDATE ON THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Mayor Aliano introduced Deputy Fire Chief Aaron McAlister who provided an update on the Contra Costa County Fire Protection District.

Following questions from the City Council, Mayor Aliano opened a public comment period.

Cora Mitchell stated that a proactive approach to homelessness would help with fire protection.

Mayor Aliano closed the public comment period.

ANNOUNCEMENT
City Clerk Joelle Fockler announced a recruitment to fill two unscheduled vacancies on the Bicycle and Pedestrian Advisory Committee, one for a term ending February 28, 2023, and one for a term ending February 28, 2025; and setting a deadline of Friday, June 10, 2022, at 5 p.m. as the deadline for receipt of applications by the City Clerk.

Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

TREASURER'S REPORT – January 1 to March 31, 2022
A motion was made by Hoffmeister and seconded by McGallian to receive the Treasurer's Report for the period January 1 to March 31, 2022. The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-32 – Accept and Appropriate Grant Funds from the Edward Byrne Justice Assistance Grant (JAG) Program
A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-32 entitled, “A Resolution Accepting and Appropriating Grant Funding from the Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the Amount of $36,972 to the City of Concord as a Second Tier Sub-Grantee and the Contra Costa County Office of the Sheriff as the Direct Awardee.” The motion passed by unanimous vote of the Council.

APPROVAL OF A LICENSE AGREEMENT – ABC Tree Farms, LLC
A motion was made by Hoffmeister and seconded by McGallian to approve a License Agreement with ABC Tree Farms, LLC for a fee of $5,800 per month from September through December 2022 to allow for temporary operation of a pumpkin patch and Christmas tree lot for the property bounded by Clayton Road, Concord Boulevard, and Galindo Street, and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes May 10, 2022
APPROVAL OF THE FISCAL YEAR 2022-23 CITY OF CONCORD INVESTMENT POLICY A motion was made by Hoffmeister and seconded by McGallian to approve the FY 2022-23 City of Concord Investment Policy. The motion passed by unanimous vote of the Council.

APPROVAL TO INCREASE FUEL SERVICES AGREEMENT AMOUNTS – Pinnacle Petroleum and Western States Oil
A motion was made by Hoffmeister and seconded by McGallian to increase fuel services agreement amounts with Pinnacle Petroleum from $450,000 to $550,000 and Western States Oil from $75,000 to $100,000 for unleaded and diesel fuel services for fiscal year 2021, and authorize appropriations of $121,600 from the General Fund (Fund 100) and $3,400 from Building Maintenance Fund (Fund 630) to be transferred to the Fleet Maintenance Fund (Fund 633). The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NOS. 22-33, 22-34, 22-35, AND 22-36 – Confirming the Assessment Diagrams and Levying Annual Assessments for Downtown Landscape Maintenance District, Pine Hollow Estates Landscaping & Lighting District, Landscape & Lighting District No. 3, and the Citywide Lighting Assessment District for Fiscal Year 2022-23
A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-33 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Downtown Landscape Maintenance District for Fiscal Year 2022/23.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-34 entitled, “A Resolution Confirming the Assessment Diagram and Levy Assessments for Maintenance within the Pine Hollow Estates Landscape and Lighting Maintenance District for Fiscal Year 2022/23.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-35 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments for Maintenance within the Landscape and Lighting Maintenance District No. 3 for Fiscal Year 2022/23.” The motion passed by unanimous vote of the Council.

A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-36 entitled, “A Resolution Confirming the Assessment Diagram and Levy of Assessments within the Citywide Street Lighting Assessment District for Fiscal Year 2022/23.” The motion passed by unanimous vote of the Council.

APPROVAL OF A LICENSE AGREEMENT – The Concord Historical Society A motion was made by Hoffmeister and seconded by McGallian to approve a License Agreement with the Concord Historical Society for a fee of $0 to allow the property bounded by Clayton Road, Concord Boulevard, and Galindo Street to be used for temporary overflow parking on May 27, 2022; and authorize the City Manager to sign the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY/CITY COUNCIL

SITTING AS THE CONCORD-PLEASANT HILL HEALTH CARE DISTRICT CONSENT CALENDAR ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-37, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-38, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-030 – Continue Meetings Remotely, AB 361

City Council Minutes May 10, 2022
A motion was made by Hoffmeister and seconded by McGallian to adopt Resolution No. 22-37, Local Reuse Authority Resolution No. 22-38, and Concord/Pleasant Hill Health Care District Resolution No. 22-030 entitled, “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.” The motion passed by unanimous vote of the Council.

CITY COUNCIL CONSIDERATION ITEM
TWO YEAR 2022-2023 & 2023-2024 CAPITAL IMPROVEMENT PROGRAM (CIP) AND FIVE-YEAR CAPITAL IMPROVEMENT PLAN FY2022-2027
Kevin Marstall, Director of Community Development, presented the staff report along with Bernard Enrile, CIP Manager, Bruce Davis, Interim City Engineer, and Greg Taylor, Director of Information Technology. Mr. Marstall explained that the Council was being requested to make recommendations on the proposed two-year CIP Budget for Fiscal Years 2022-23 and 2023-24 and Five- Year Capital Improvement Plan FY 2022-2027.

Staff provided two funding alternatives for $2.33 million of one-time General Fund revenue for Capital Project funding for Council’s consideration.

Following questions from the City Council, Mayor Aliano opened a public comment period.

Suzanne Delbou, Concord, requested a stop sign at the corner of Esparanza and Bonifacio and spoke in support of Alternative 1.

Mayor Aliano closed the public comment period.

Following discussion by the Council, a motion was made by McGallian and seconded by Obringer to allocate $2.33 million of Capital Project funding as identified in Alternative #1 in the staff report and allocate $300,000 Measure V funds to prepare the design of Ayers Road.

Alternative #1: Residential subarea, 3-N, which encompasses the area bordered roughly by Lacey Ln/Tilson Dr to the south, Meadow Ln to the north, Monument Blvd to the east, and Gelbke Ln to the west, was identified by staff, subsequent to Council approval of the Five-Year Pavement Expenditure Plan, as a recommended residential pavement maintenance project to be funded for design and construction as an addition to the Five-year Plan. The design phase is recommended as part of the Two-Year CIP Budget, but construction funding has not been identified, therefore staff recommends allocating $1.58M of the remaining $2.33M towards this project, ENG-23-026. Staff recommends that the remaining $750,000 of the one-time $4.4M be allocated towards residential subarea, 5-H, which comprises a portion of the Holbrook Heights neighborhood affected by the prior CCWD water main replacement project, and identified by City Council during the Mid-Cycle CIP Budget Update in June 2021 as a project, ENG-23-024, for future pavement maintenance funding.

The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. PowerPoint Presentation, Agenda Item No. 3.a – Contra Costa County Fire Protection District b. Benched Correspondence, Agenda Item No. 5.g – License Agreement c. Benched Correspondence, Agenda Item No. 6.a – Capital Improvement Program d. PowerPoint Presentation, Agenda Item No. 6.a – Capital Improvement Program

City Council Minutes May 10, 2022

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 10, 2022, at 9:10 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE AUTHORITY

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, MAY 24, 2022
The Concord City Council met in a regular meeting In the Council Chamber located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, May 24, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Neetu Salwan, Deputy City Clerk; Kevin Marstall, Director of Community Development; Karan Reid, Director of Finance; Guy Bjerke, Director of Economic Development and Base Reuse; Marie Suvansin, Economic Development Manager

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Mariah Lauritzen, Bike Concord; Nancy Pratt, Concord; Laura Nakamura, Concord; Ady Olvera; D’Marco ; Jimmy Ancera; Erik Haynes, Concord; Doug LeMoine, Laborers Union Local 324; Pat Young, Local 104; Kyler Haun, IBEW Local 104; Tom
Hansen, IBEW 302, Jesse Peralez, Carpenters Local 152; Kyle Swarns, Carpenters Local 152; Triston Shull, Laborers Local 324; Nick Goodwin, Plumbers 159; Rachel Shoemake, IBEW
302; Jason Lester, Plumbers & Fitters Local 159; Julian Vinatiri, IBEW 302; Derek Cole, IBEW 302; Pastor Tony Summers,
Impact Bible Ministries; Joanna Perry, IBEW 302; Sedique Papal, Noor Islamic and Cultural Community Center; Dan Torres, Sprinkler Fitters Local 483; Jason Lindsey, Ironworkers Local 378; Fernando Campos; Caleb; Juan Pablo Galvan, Save Mount Diablo; Nancy Pratt, Concord; Cora Mitchell; Gloria Bruce, EBHO; Sadie Wilson, Greenbelt Alliance; Debra Ballinger, Monument Impact; Alex Werth, EBHO; Natalie; Betty Lobos; Hope Johnson; Roxanne Garza; Eric Antonick, Concord; Brian Holt, East Bay Regional Park District; David Litty

PUBLIC COMMENT PERIOD
Mariah Lauritzen, Bike Concord, provided suggestions for possible sites for a memorial for Jose Castillo.

Nancy Pratt, Concord, requested support of an unhoused community located near the Police Department.

Laura Nakamura, Concord, spoke of the need for GARE Assessments and to reinstate the Human Relations Commission, and requested that the City Council consider a tobacco policy.

City Council Minutes May 24, 2022
Ady introduced herself as the Democratic Party District 4 Director.

D’Marco Anthony spoke of the need for GARE Assessments.

Jimmy Ancera requested that the City Council consider a tobacco policy.

CITY COUNCIL CONSENT CALENDAR
Mayor Aliano opened a public comment period.

Due to technical difficulties, Mayor Aliano recessed the meeting at 6:46 p.m. The meeting resumed at 6:55 p.m. and General Public Comment was continued to the end of the meeting. There was no public comment on the Consent Calendar.

APPROVE MINUTES – April 12, 2022
A motion was made by Obringer and seconded by Birsan to approve the minutes from the meeting of April 12, 2022. The motion passed by unanimous vote of the Council.

ADOPT ORDINANCE NO. 22-8 – Municipal Code Title 12 (Streets & Sidewalks) A motion was made by Obringer and seconded by Birsan to adopt Ordinance No. 22-8 entitled, “An Ordinance Amending Concord Municipal Code Title 12 (Streets & Sidewalks), Chapter 12.15, Street Encroachments, to add a Moratorium on and Required Enhanced Restoration for Certain Street Cuts within a Five Year Period.” Ordinance No. 22-8 was introduced on April 26, 2022, by reading of the title only and waiving further reading. The motion passed by unanimous vote of the Council.

APPROVE TASK ORDER #2 – LCC Engineering and Surveying, Inc.

A motion was made by Obringer and seconded by Birsan to approve Task Order #2 for LCC Engineering and Surveying, Inc. in the not-to-exceed amount of $90,451 (base agreement of $78,653 plus staff authority to spent up to a contingency of $11,795) for design engineering and related services for Newhall Park Water Quality Improvement (Project No. 2353), and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD CONTRACT – Bay Cities Paving & Grading, Inc. AND APPROVE AGREEMENT FOR PROFESSIONAL SERVICES – Swinerton Management and Consulting, Inc. – Grant Street/East Street Pavement Rehabilitation Project, Project No. 2525
A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount $5,527,965 to Bay Cities Paving & Grading, Inc.; authorize staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and approve an Agreement for Professional Services with Swinerton Management and Consulting, Inc. in the not-to- exceed amount of $551,091 (base agreement of $500,992 plus staff authority to spend up to a 10% contingency of $50,099) to provide construction management, inspection, and materials testing services; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes May 24, 2022
ADOPT RESOLUTION NO. 22-38 – Amending Policy & Procedure 37.4 – Employment of Relatives A motion was made by Obringer and seconded by Birsan to adopt Resolution No. 22-38 entitled, “A Resolution Amending Policy & Procedure 37.4 – Employment of Relatives.” The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT AND APPROVE BUDGET TRANSFER – St. Francis Electric LLC – Citywide Traffic System Upgrade Project, Project No. 2493 A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount of $2,102,247 to St. Francis Electric LLC for the Citywide Traffic System Upgrade Project, Project No. 2493, authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount, authorize the Mayor to execute the contract in a form acceptable to the City Attorney, and approve a related budget transfer of $700,000 from Arterial Pavement Holding Account (Project No. 2157), Pavement Maintenance Zone 5J (Project No. 2526) and Off-Site Street Improvement Program (OSIP) Update (Project No. 2541). The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT – Redgewick Construction Co., APPROVE A PROFESSIONAL SERVICES AGREEMENT – Park Engineering, AND APPROVE A BUDGET TRANSFER A motion was made by Obringer and seconded by Birsan to award a construction contract in the amount of $4,049,949.25 to Redgewick Construction Co. for the Monument Boulevard Class 1 Path, Project No. 2455, and authorize staff to utilize the available project contingency for contract change orders up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; approve a Professional Services Agreement with Park Engineering in the not-to-exceed amount of $258.424 (base agreement of $234,930.81 plus staff authority to spend up to a 10% contingency of $23,493.19) for construction management, inspection, and materials testing services; authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and approve a budget transfer in the amount of $300,000 from Pavement Maintenance Zone 5J, Project No. 2526, to the Monument Boulevard Class 1 Path, Project No. 2455, to provide for the staff authorized 10% construction contingency. The motion passed by unanimous vote of the Council.

APPROVE LEASE AGREEMENT BETWEEN CITY OF CONCORD AND BART A motion was made by Obringer and seconded by Birsan to approve a lease agreement between the City of Concord and BART for BART’s use of two City-owned parcels located at Sunset Avenue and Sinclair Avenue; and authorize the City Manager to execute the lease in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

Mayor Aliano called the next agenda item out of agenda order.

LOCAL REUSE AUTHORITY CONSIDERATION ITEM

REQUESTED FIRST AMENDMENT AND TIMELINE EXTENSION TO THE EXCLUSIVE AGREEMENT

TO NEGOTIATE (ENA) BETWEEN THE LOCAL REUSE AUTHORITY AND CONCORD FIRST PARTNERS, LLC – Disposition and Development of the former Concord Naval Weapons Station (CNWS) Director of Economic Development and Base Reuse Guy Bjerke presented the staff report, explaining that Council was being requested to consider CFP’s proposed amendment to the ENA, as Concord First Partners, LLC if they want to continue with the current ENA, and, if Concord First Partners, LLC wants to continue with the current ENA, an extension of the current ENA, expiring on May 25, 2022.

Following Director Bjerke’s presentation, Jeb Elmore, Vice President, Concord First Partners, LLC, who presented Concord First Partners actions and work product on the project to date.

City Council Minutes May 24, 2022
Following questions from the City Council, Mayor Aliano recessed the meeting at 8:42 p.m. The meeting resumed at 8:51 p.m., and Mayor Aliano opened a public comment period.

The following people spoke in support of an extension of an ENA and the formation of an Ad Hoc Committee to enhance the negotiation process with Concord First Partners, LLC:

Erik Haynes, Concord
Doug LeMoine, Laborers Union Local 324
Pat Young, Local 104
Kyler Haun, IBEW Local 104
Tom Hansen, IBEW 302
Jesse Peralez, Carpenters Local 152
Kyle Swarns, Carpenters Local 152
Triston Shull, Laborers Local 324
Nick Goodwin. Plumbers 159
Rachel Shoemake, IBEW 302
Jason Lester, Plumbers & Fitters Local 159
Julian Vinatiri, IBEW 302
Derek Cole, IBEW 302
Pastor Tony Summers, Impact Bible Ministries
Joanna Perry, IBEW 302
Sedique Papal, Noor Islamic and Cultural Community Center Dan Torres, Sprinkler Fitters Local 483
Jason Lindsey, Ironworkers Local 378
Fernando Campos
Caleb
The following people spoke in opposition to extending the ENA:

Juan Pablo Galvan, Save Mount Diablo
Nancy Pratt, Concord
Laura Nakamura, Concord
Ady Olvera, Concord
Cora Mitchell
Gloria Bruce, EBHO
Sadie Wilson, Greenbelt Alliance
Debra Ballinger, Monument Impact
Alex Werth, EBHO
D’Marco Anthony
Natalie
Betty Lobos

City Council Minutes May 24, 2022
Hope Johnson
Roxanne Garza
Eric Antonick, Concord, proposed an alternative to extending the ENA.

Brian Holt, East Bay Regional Park District (EBRPD), spoke of the EBRPD land conveyance.

Mayor Aliano closed the public comment period.

Following comments by the City Council, a motion was made by Birsan and seconded by Hoffmeister to deny the requested ENA amendment and confirm the existing negotiation process and timeline, but commit the LRA to considering all elements of the project – EIR, Specific Plan, DDA, DA, and other matters – in one action to prevent the possibility that land-use matters are approved without the approval of a DDA or DA, confirm that CFP wishes to continue under the existing ENA, and extend the existing ENA until January 31, 2023, to finish the Term Sheet. The motion passed by the following vote of the Council:

AYES: Birsan, Hoffmeister, McGallian, Aliano NOES: Obringer ABSENT: None Mayor Aliano recessed the meeting at 10:29 p.m. The meeting resumed at 10:36 p.m.

The meeting agenda order resumed.

CITY COUNCIL CONSIDERATION ITEM
ADOPT RESOLUTION NO. 22- 39 TO DECLARE SURPLUS LANDS AND ISSUE NOTICES OF AVAILABILITY – Town Center II Property
Economic Development Manager Marie Suvansin presented the staff report, explaining that the City of Concord owns and may consider disposal of two former Redevelopment Agency properties located in downtown Concord:
 Town Center II, an approximately 3-acre property located at 1765 Galindo Street and bounded by Galindo Street, Concord Boulevard, and Clayton Road; and  Oak Street Project, an approximately 4.2-acre property composed of two parcels separated by Mt. Diablo Street and bounded by Galindo Street, Oak Street, and Laguna Street.

Economic Development Manager Suvansin stated that the Council was being requested to adopt a Resolution declaring the properties associated with Town Center II and Oak Street Project as surplus land and authorize the City Manager to issue Notices of Availability for the sites.

Following questions from the City Council, Mayor Aliano opened a public comment period, Ady stated that the properties should be used for tiny home villages.

Natalie stated that the properties should be used for public housing.

Cora Mitchell stated that the properties should be used for micro housing communities.

Mayor Aliano closed the public comment period.

Following discussion by the City Council, a motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-39 entitled, “A Resolution Declaring Three Parcels Owned by the

City Council Minutes May 24, 2022
City of Concord to be Surplus Land Pursuant to Government Code Section 54221(f)(1)(A) and Taking Related Actions.” The motion passed by unanimous vote of the Council.

A motion was made by Obringer and seconded by McGallian to continue the meeting after 11 p.m. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to Senator Min RE: Oppose SB 881 (Min) – May 6, 2022 b. Letter to Assembly Member Holden RE: Support AB 2170 (Grayson: Residential real property:
foreclosure sales – May 9, 2022
c. Benched Correspondence, Agenda Item No. 3.b – Ordinance No. 22-8 d. Benched Correspondence, Agenda Item No. 4.a – Declaration of Surplus Lands e. PowerPoint Presentation, Agenda Item No. 4.a – Declaration of Surplus Lands f. Benched Correspondence, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) g. PowerPoint Presentation, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) h. PowerPoint Presentation, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA) i. Correspondence Received After 3 p.m. on Meeting Day, Agenda Item No. 4.b – Exclusive Agreement Negotiate (ENA)

PUBLIC COMMENT (CONTINUED)
Mayor Aliano reopened the general public comment period.

David Litty spoke of enforcing the current tobacco ordinance.

Cora Mitchell spoke of the need for GARE assessments on every item.

Mayor Aliano closed the public comment period.

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

It was the consensus of the City Council to have the Council Committee on Policy Development review the tobacco policy.
.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on May 24, 2022, at 11:20 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: June 14, 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 calling for and ordering a General Municipal Election and Specifications of the Election Order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the
consolidation of said General Municipal Election with the General Election to be held on November 8, 2022.

Report in Brief
A general municipal election will be held in the City of Concord on Tuesday, November 8, 2022, under the provisions of the laws relating to general law cities in the State of California.

The purpose of the election is to choose City Councilmembers for Districts 1, 3, and 5 to take office upon the term expirations of Councilmembers Laura Hoffmeister (District 1), Dominic Aliano (District 3), and Tim McGallian (District 5), and to choose a City Treasurer to take office upon the term expiration of Patti Barsotti.

Recommended Action
Adopt a Resolution calling for and ordering a general municipal election and specifications of the election order for the purpose of electing a total of three members of the City Council to seats in Districts 1, 3, and 5, one member for each district, and the City Treasurer, each for full terms of four years, and requesting and consenting to the consolidation of said general municipal election with the general election to be held on November 8, 2022.

3.b3.b

City Council Agenda Report
Agenda Item No. 3.b
June 14, 2022
Background
Because the County Elections Division provides election services to the City of Concord, the City Council adopted Ordinance No. 98-54 to change the date of the City’s general municipal elections from the odd-numbered years to the even-numbered years in November to consolidate election cycles with the statewide general election cycle.

The purpose of the consolidation was to increase voter participation and to reduce the cost of the election to taxpayers. The ordinance states that a general municipal election shall occur on the first Tuesday after the first Monday of November in even-numbered years.

On August 4, 1998, the Contra Costa County Board of Supervisors approved the consolidation with the statewide general election held in November of each even- numbered year.

On March 6, 2018, the City Council adopted Ordinance No. 18-2 in order to transition to a district-based electoral system. The City held its first Districts Election in November 2018 for open seats in Districts 1, 3, and 5, and the November 3, 2020, general election was held for open seats in Districts 2 and 4.

On April 5, 2022, after going through the Redistricting process required after the 2020 Census, the City Council adopted Resolution No. 22-18 establishing district boundaries for “By District” City Council elections beginning with the November 2022 election.

The City Treasurer is elected at large rather than by district.

Analysis
Pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Concord on Tuesday, November 8, 2022. Due to expiring terms, it is necessary to elect a total of three Councilmembers (one each in Districts 1, 3, and 5) and the City Treasurer for full terms of four years.

The resolution also sets forth other particulars of the election, including setting the word limit for candidate statements to 250 words as requested by the County Elections Division due to changes in the way voter pamphlets are printed, and authorizes the City Clerk, as the election official for the City of Concord, to work with the Contra Costa County Elections Division as needed in order to properly and lawfully conduct the election.

The practice established for previous City elections requires the candidate to pay the cost of publishing the statement in the voter pamphlet. It is estimated that the cost to print a 250-word candidate statement this year may be approximately $800. The final estimate will be provided by the Contra Costa County Elections Division in July, prior to the nomination period opening on July 18, 2022. The difference between the estimate

City Council Agenda Report
Agenda Item No. 3.b
June 14, 2022
and the actual cost will be invoiced or refunded upon determination of the actual cost by the County.

Financial Impact
Based on a current registered voter population of 72,524 and an estimated cost of $2- $3 per registered voter, the estimated cost of the election is approximately $145,048 to $217,572.

Final costs will be determined by the Contra Costa County Elections Division following the election and varies depending upon the number of agencies that consolidate and share in the election costs. Due to the increased cost of $2-$3 per registered voter from $1.25 - $1.75 per registered voter in the 2020 election, the City Council is being requested to approve a budget amendment to increase the Election budget by $145,000 for a total amount of $225,000 as part of the Mid-Cycle adjustments its June 28, 2022, meeting.

Public Contact
The City Council Agenda was posted. The Notice of Election will be published in the East Bay Times, as required by law, during the nomination period. Requirements pertaining to the election will be included in the Election Informational Packet given to each candidate for office in the November 8, 2022, election.

Attachment

1. Resolution calling the November 8, 2022, General Election

Res. No. 22-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Calling for and Ordering a General
Municipal Election and Specifications of the Election
Order for the Purpose of Electing a Total of Three
Members of the City Council to Seats in Districts 1, 3, and 5, one Member for each District, and the City
Treasurer, each for Full Terms of Four Years, and
Requesting and Consenting to the Consolidation of
Said General Municipal Election with the General
Election to be Held on November 8, 2022
Resolution No. 22-XX
/
WHEREAS, the City Council has ordered a General Municipal Election to be held on Tuesday, November 8, 2022, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of an invoice to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; may establish the cost; and determine whether the cost be paid in advance; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot pursuant to Elections Code Section 5651(a) unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:

Section 1. The General Municipal Election shall be held on Tuesday, the 8th of November, Attachment 1

Res. No. 22-XX 2
2022. The purpose of the election is to choose successors for the following offices: Member of the City Council for District 1, Member of the City Council for District 3, Member of the City Council for District 5, and City Treasurer, each for full terms of four years.

Section 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part in the territory of the City, as provided in Elections Code Sections 10002.

Section 3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.

Section 4. The Candidate Statements will be limited to a maximum of 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time of filing nomination papers.

Section 5. The City of Concord City Clerk is to publish the Notice of Election in the East Bay Times, which is a newspaper of general circulation that is published daily in the City.

Section 6. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651(a), unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

Section 7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.

Section 8. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 22-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 14, 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 June 14, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Staff Report
Date: June 14, 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: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering the following:

1. Award of a construction contract in the amount
$3,842,741.50 to Ghilotti Bros., Inc. for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); authorizing Staff to utilize the available project contingency for contract change orders that become necessary up to
5% of the contract amount; and authorizing the Mayor to execute the contract in a form acceptable to the City
Attorney.

2. Approval of a Professional Services Agreement with UNICO Engineering in the not-to-exceed amount of $315,828.54
(base agreement of $300,789.09 plus staff authority to
spend up to a 5% contingency of $15,039.45) to provide
construction management, inspection, and materials
testing services for the Hillcrest Park Regional Green
Infrastructure Project (Project No. 2512); and authorizing the City Manager to execute the agreement in a form
acceptable to the City Attorney.

3. Approval of an amendment to Caltrans’ Cooperative
Implementation Agreement with City, which provides
additional funding in the amount of $800,000.00 from
Caltrans, for construction of the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and

3.c3.c3.c3.c3.c

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

4. Approval of budget transfers in the total amount of
$500,000 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512), including: $66,551 from PJ 2373 (Gateway Blvd Median Replant, Fund 402); $156,820 from
PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 &
400); $210,000 from PJ 2442 (Green Infrastructure Pilot, Fund 401) and $49,180 from PJ 2521 (Full Trash Capture
Devices #4, Fund 270).

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, 15378, 15301, 15302, 15303, 15304 and/or Public Resources Code Section 21065. ______________________________________________________________________ Report in Brief
The Hillcrest Park Regional Green Infrastructure Project (City Project No. 2512) consists of a variety of work within and near Hillcrest Community Park including but not limited to: stormwater green infrastructure, trash capture devices, landscaping, irrigation main replacement, parking lot repaving and striping, ADA improvements, new parking lot lighting, and new pedestrian pathways. See attached location map for approximate project limits (Attachment 1).

The project has been designed, competitively bid (see Attachment 2 for bid summary), and is now at the point of construction contract award. If award is approved by the City Council, construction is expected to begin mid to late July this year, with completion by March 2023, weather permitting.

Construction management, inspection, and materials testing services are needed to ensure work during construction by the Contractor is performed and completed in a manner satisfactory to the project contract documents and the City of Concord. The Professional Services Agreement with UNICO Engineering is attached (Attachment 3).

The City has successfully negotiated with Caltrans to amend the existing Cooperative Implementation Agreement (CIA) in order to obtain an additional $800,000 from Caltrans. As part of the agreed CIA amendment, the City will also provide an additional $500,000 via budget transfers. The CIA amendment in total adds $1,300,000 in funding to the project in order to fully fund the construction contract. The amendment is attached (Attachment 4).

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
Recommended Action

1. Award the construction contract in the amount $3,842,741.50 to Ghilotti Bros., Inc. for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 5% of the contract amount; and authorize the Mayor to execute the contract in a form acceptable to the City Attorney.

2. Approve a Professional Services Agreement with UNICO Engineering in the not- to-exceed amount of $315,828.54 (base agreement of $300,789.09 plus staff authority to spend up to a 5% contingency of $15,039.45) to provide construction management, inspection, and materials testing services for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512); and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney.

3. Approve an amendment to Caltrans’ Cooperative Implementation Agreement with City, which provides additional funding in the amount of $800,000.00 from Caltrans, for the construction of the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512).

4. Approve budget transfers in the total amount of $500,000 to the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512) including: $66,551 from PJ 2373 (Gateway Blvd Median Replant Project, Fund 402); $156,820 from PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 & 400); $210,000 from PJ 2442 (Green Infrastructure Pilot) and $49,180 from PJ 2521 (Full Trash Capture Devices #4, Fund 270).

Background
On June 2, 2020, the City Council adopted the Fiscal Year 2020-21 and 2021-22 Two- year CIP Budget that included an appropriation of $200,000 from the Storm Water Fund for the Hillcrest Community Park – Regional Green Infrastructure Project (Project), intended to provide the anticipated local match for a future grant or agency partnership opportunity. Concurrent with the development of, and public hearing process for, the adoption of the CIP Budget, City staff had been working collaboratively with Caltrans to obtain funding approval through a Cooperative Implementation Agreement (CIA) to fully fund the design and construction of the Project. On June 1, 2020, the City received confirmation from the Regional Water Quality Control Board of the required approval of the Project. Subsequently, the City obtained Caltrans approval of the draft CIA, for which City Council approval by Resolution had to be returned to Caltrans no later than June 15, 2020.

On June 9, 2020, the City Council approved the CIA with Caltrans with the goal of pollutant reduction in storm water runoff generated from both Caltrans Right-of-Way and the City of Concord, in which Caltrans agreed to provide funding of the Hillcrest Community Park – Regional Green Infrastructure Project (Project No. 2512). As part of

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
the CIA, Caltrans agreed to provide $4.3 million in funding for the project’s design and construction, with $1 million required to be spent by May 2022, $2 million by May 2023, and $1.3 million by May 2024. City Staff has worked diligently to ensure that the initial $1 million in funding did not lapse. The May 2022 deadline was met by City Council approving purchasing materials prior to construction.

As a result of public outreach during design in Fall 2021, new park and community improvements were added to the project; including new lighting for the west parking lot and upgraded lighting in the east parking lot, irrigation main replacements at the park, and new pump equipment for storm water re-use. Based on information provided to City Staff at the time, the project’s budget covered the estimated costs of these improvements, and as a result, the improvements were included in the project. Design for the project was completed in early April 2022, and the project was advertised for construction.

Analysis
The San Francisco Bay Regional Water Quality Control Board’s new Municipal Regional Stormwater Permit (MRP) will require local agencies (such as the City of Concord) to provide stormwater treatment for all future paving projects that disturb more than one acre of impervious surface. Projects like the Hillcrest Park Regional Green Infrastructure Project will help the City accumulate stormwater treatment acreage or “credits” that can be used toward future paving or roadway reconstruction projects where stormwater treatment is not viable . Currently, the project removes pollutants and trash from a large watershed area of Concord, including approximately 96 acres within Caltrans right-of- way, as well as more than 500 acres of tributary area from Concord. It is important to note that both Caltrans and the City of Concord benefit from completion of this project.

The City received higher bids for construction than estimated (see Procurement Process below), due to limited bidding competition this late in the year, and increased costs from the added community benefits previously described. The installation of new parking lot lighting, irrigation main replacement throughout the park, and stormwater reuse equipment contributed to an increased cost and higher bids. In total, the project has a shortfall of $1.3 million in funding to complete construction.

Based on the added costs for these community/park benefits, and the importance of securing future stormwater treatment “credits,” it is in the City’s best interest to partner with Caltrans to fill this funding gap; this requires the City to add additional funds to the project. Essentially, the City is paying for stormwater green infrastructure now to assist in future compliance with the Regional Water Quality Board’s new MRP. Caltrans, as part of the CIA amendment, has agreed to cover a majority of the project’s $1.3 million shortfall in construction budget. As part of the CIA amendment recommended for approval, Caltrans has agreed to provide an additional $800,000 in funding, provided the City contributes the remaining $500,000.

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
It is crucial that construction of the project is fully funded in order to receive all possible stormwater “credits” and provide the most benefit to the City of Concord, including users of the park and nearby residents.

Procurement Process
1) Construction Contract:

The project was advertised for construction bids as required by State law and City policy. Bids were opened on May 5, 2022.

Two (2) bids were received in the amount ranging from $3,842,741.50 to $5,960,000.00.

The Engineer’s Estimate for the Basis of Award was $2,850,000.

At bid opening, Ghilotti Bros., Inc. of San Rafael, CA (GBI) was the apparent low bidder.

A summary of the bids, by schedule, is as follows:

Bid
Schedule
Engineer’s
Estimate
Ghilotti Bros,
Inc. (GBI)
Robert A Bothman
Construction
Base Bid $2,850,000.00 $3,842,741.50 $5,960,000.00
Alternate Bid $284,585.00 $466,313.00 $550,462.00
The basis of award for this project is the base bid, with an alternate bid provided as a different pavement treatment option for the park’s parking lots, should the City elect to use it. Ghilotti Bros, Inc., the low bidder, submitted a responsible and responsive bid.

Staff completed analysis of Ghilotti Bros, Inc.’s bid, determining that this Contractor, along with its Subcontractors possess appropriate and valid licenses, and are not on any debarred lists. Ghilotti Bros, Inc. is registered with the Department of Industrial Relations as required by SB 854.

On September 13, 2016 the City Council approved a Citywide Project Stabilization Agreement with the Contra Costa Building & Trades Council for City projects with a construction contract valued at over $750,000. Project No. 2512 will be subject to the requirements of the Project Stabilization Agreement as the estimated construction costs exceeded $750,000. The prospective bidders for this project were made aware of this requirement as part of the construction contract. Ghilotti Bros, Inc. and their subcontractors have submitted the required agreement to be bound to the Citywide Project Stabilization Agreement.

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
2) Construction Management RFP:

Staff issued a Request for Proposal (RFP) to select a consultant to provide construction management, inspection, and materials testing services on April 7, 2022. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Three (3) proposals were received, which were reviewed and ranked by the City’s Selection Panel.

Based on the analysis of the proposals, interviews, and references, UNICO Engineering (UNICO) of Folsom, CA was selected as the most qualified firm to provide construction management, inspection, and materials testing services for the Hillcrest Park Regional Green Infrastructure Project (Project No. 2512). City Staff and UNICO negotiated the scope of work and cost for the services, and agreed upon a base amount of $300,789.09 as a fair and reasonable compensation for the services required in the RFP. UNICO’s material testing sub-consultant, Smith-Emery has agreed to be bound to the Citywide Project Stabilization Agreement.

Financial Impact
The current total budget for this project is $4,500,000 (includes $4,300,000 from Caltrans via Fund 402, and $200,000 from Storm Drain Fund 270).

In order to fully fund the construction contract with Ghilotti Bros, Inc., construction management, inspection, material testing services, and provide contingency to the project, an amendment to the Caltrans CIA is required. The amendment (Attachment 4) currently agreed upon between Caltrans and City Staff, adds an additional $1,300,000 to the project. Of this $1.3 million, Caltrans has agreed to provide $800,000 (Fund 402), and the City has agreed to provide $500,000 via budget transfers to the project.

The budget transfers to meet the City’s contribution of $500,000 will occur as follows:
$66,551 from PJ 2373 (Gateway Blvd Median Replant, Fund 402); $156,820 from PJ 2372 (Park System Needs, Funds 400 and 401); $17,449 from PJ 1833 (Creek Drainage Improvements, Funds 270 & 400); $210,000 from PJ 2442 (Green Infrastructure Pilot, Fund 401) and $49,180 from PJ 2521 (Full Trash Capture Devices #4, Fund 270). These transfers will not negatively impact any planned projects).

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(2), 15061(b)(3), 15273, and/or 15378, Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, Council action on this item is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and 15304 – Minor Alterations to Land. No unusual circumstances exist and

City Council Agenda Report
Agenda Item No. 3.c
June 14, 2022
none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. The Notice of Exemption will be filed with the County Clerk’s office following the Council action on this item.

Public Contact
The City Council Agenda was posted.

Attachments

1. Vicinity Map

2. Bid Summary

3. Professional Services Agreement – UNICO Engineering

4. Amendment to Caltrans Cooperative Implementation Agreement (CIA)

Project Location Map
Hillcrest Community Park – Regional Green Infrastructure – PJ 2512 SITE
Attachment 1

City of Concord
Bid Sheet
PROJECT #2512 Bid Opening:

Hillcrest Park Regional Green Infrastructure
Project
Thursday,
May 5, 2022
2:00 p.m.

City Manager's Conference Room
Engineer’s Estimate: $2,850,000 To be awarded: TBD

COMPANY TOTAL BID
Ghilotti Bros. Inc.
525 Jacoby Street
San Rafael, CA 94901
$3,842,741.50
Robert A Bothman Construction
2690 Scott Blvd.

Santa Clara, CA 95050
$5,960,000.00
Contact: Kevin Wheat x3422
Attachment 2

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on June 14, 2022 between the City of Concord ("CITY") and Unico Engineering,    , 110 Blue Ravine Rd Suite 101, Folsom, Ca 95630 (“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 June 14, 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 three hundred fifteen thousand, nine hundred twenty-three dollars and four cents ($315,923.04) for the term of this Agreement. The total includes the sum of the base contract of three hundred thousand, eight hundred seventy-nine dollars and nine cents ($300,879.09) and a 5% contingency of fifteen thousand, forty-three dollars and ninety-five cents ($15,043.95). 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 deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of

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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 Cesar Montes, 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 CONSULTANT, its officers, agents, employees, volunteers and subcontractors are and shall at all times

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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.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other

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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.

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.

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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 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

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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 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

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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, 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.

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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 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

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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.

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.

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

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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.

To CITY: Bruce Davis, Interim City Engineer
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3470
Email: [email protected]
To CONSULTANT: Cesar Montes, President
Unico Engineering
110 Blue Ravine Rd Suite 101
Folsom, Ca95630
Phone: (916)900-6623
Email: [email protected]

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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: Cesar Montes Name: Valerie J. Barone
Title: President Title City Manager
Address: 110 Blue Ravine Rd Suite 101 Address: 1950 Parkside Drive Folsom,
Ca 95630 Concord, CA 94519
Telephone: (916)900-6623 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 22/23 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $315,923.04. Account Code 402 9500 C999 - 74250 / 402 2512 117 - 74250.

Finance Director's Signature

Cit y of Concord
CIA No. D43CIACON0001
Amendment No. 1

COOPERATIVE IMPLEMENTATION AGREEMENT
AME
NDMENT No. 1
This AMENDMENT No. 1 ENTERED INTO EFFECTIVE ON _____________________2022, is between the State of California acting by and through its Department of Transportation, referred to as CALTRANS and the City of Concord, referred to as “AGENCY” and together referred to as PARTIES.

RECITALS

1. CALTRANS and AGENCY entered into Cooperative Implementation Agreement No.

D43CIACON0001 (AGREEMENT) on June 17th, 2020, defining the terms, covenants and co
nditions to implement the Hillcrest Park Regional Green Infrastructure Project, within the regional area under the jurisdiction of AGENCY to comply with the TMDL referred to herein as PROJECT.

2. Due to higher bid from contract advertising, the original cost for the PROJECT had to be revised and need to add $1.3M to the project budget. The purpose of this AMENDMENT No. 1 is to revise the cost the of PROJECT. As additional $1,300,000 is needed to proceed with lowest bidder, Caltrans contributing $800,000 and City of Concord contributing $500,000. CALTRANS has agreed to the revision. The amended cost for PROJECT is captured in the Attachment III- Copy of the lowest bidder and City of Concord Intent to proceed with lowest bidder, which is attached to and made a part of this AMENDMENT No. 1. AGENCY has agreed to implement PROJECT in accordance with ATTACHMENT II and AMENDMENT No. 1 that defines in detail the PROJECT’s scope of work, description, timeline, location and budget.

IT IS MUTUALLY AGREED:

1. The PARTIES herby replace ATTACHMENT II –Budget by revised attachment, ATTACHMENT III-FOR AMENDMENT No. 1 in its entirety.

2. Any reference to ATTACHMENT II in the AGREEMENT is deemed to be a reference to revised attachment, ATTACHMENT III-FOR AMENDMENT No. 1.

3. All other terms and conditions of said amended AGREEMENT shall remain in full force and effect.

4. AMENDMENT No. 1 with its attachment(s) is hereby deemed to a part of the AGREEMENT.

ATTACHMENTS
The following attachment is incorporated into and are made a part of this AGREEMENT AMENDMENT No. 1 by this reference and attachment.

ATTACHMENT III-FOR AMENDMENT No. 1 - Amended Budget of the project Attachment 4

2 SIGNATURES
Signatories may execute this AGREEMENT AMENDMENT No. 1 through individual signature pages provided that each signature is an original. This AGREEMENT AMENDMENT No. 1 is not fully executed until all original signatures are attached. PARTIES are empowered by California Streets and Highways Code (SHC) sections 114 and 130 to enter into this AGREEMENT AMENDMENT No. 1 and have delegated to the undersigned the authority to execute this AGREEMENT AMENDMENT No. 1 on behalf of the respective agencies and covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT AMENDMENT No. 1.

STATE OF CALIFORNIA CITY OF CONCORD DEPARTMENT OF TRANSPORTATION

Signature: Signature:

Print Name: ANAND MAGANTI Print Name: VALERIE BARONE
Title: Stormwater Coordinator Title: City Manager
Date: Date:

Signature: Signature:

Print Name: SHAILA CHOWDHURY Print Name: JOELLE FOCKLER Title: Assistant Chief, Division of
Environmental Analysis
Title: City Clerk
Date: Date:

Signature: Signature:

Print Name: RAMON L HOPKINS Print Name: SUSANNE BROWN
Title: Acting Chief, Division of
Environmental Analysis
Title: City Attorney
Date: Date:

3 ATTACHMENT III-FOR AMENDMENT No. 1
Amended Budget of the Project

1 Maganti, Anand@DOT
From: Maganti, Anand@DOT
Sent: Tuesday, May 17, 2022 9:31 AM
To: Wheat, Kevin; Enrile, Bernard
Cc: Pan, William@DOT; Chowdhury, Shaila K@DOT; Uppal, Kriti@DOT Subject: FW: Hillcrest Park Project - Additional Funding Request & CIA Amendment Attachments: Pages from Ghilotti Bros Inc. P-2512 Low Bid.pdf Good Morning Kevin,
A
s per our discussions, City would contribute 500K and Caltrans would contribute 800K to cover the additional amount of 1.3M needed for the project due to higher bid.

I am working on developing an amendment to cover additional cost and would share with you by tomorrow. Hopefully you can target for June 14th City Council meeting so that we could encumber the 800K funds in the current FY which w
ould end by June 30th.

T
hank You.

Anand Maganti, MS, PE, QSD.

Stormwater Coordinator
Division of Environmental Analysis
1120 N Street, MS 27
Sacramento, CA 95814
Mobile: (916)210-9849
Fr
om: Wheat, Kevin <[email protected]>
Sent: Friday, May 13, 2022 3:06 PM
To: Maganti, Anand@DOT <[email protected]>
Subject: RE: Hillcrest Park Project - Additional Funding Request & CIA Amendment EXTERNAL EMAIL. Links/attachments may not be safe.

Good Afternoon Anand,
The City of Concord has a construction budget of approximately $2.7 million. Ghilotti Bros, Inc’s bid came in at approximately $3.85 million.

To account for an added 5% construction contingency, the City has a project shortfall of $1.3 million in funding that would be needed to construct the project.

After researching other City projects’ available budget, the City was able to come up with a maximum of $450,000 via budget transfers to re-allocate to the Hillcrest Park Regional Green Infrastructure Project. Therefore, to cover the remaining amount, the City would need an additional $850,000 from Caltrans.

Let me know if you need any info or would like to discuss any further. I’ve attached Ghilotti Bros. Bid for your reference.

Th
anks,
Kevin Wheat, P.E.

2 Associate Civil Engineer | City of Concord
Community Development Department | Engineering Services 1950 Parkside Drive, M/S 40 | Concord | CA 94519
Phone: 925-671-3422
Email: [email protected]
www.cityofconcord.org | www.concordfirst.com
PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any disclosure, copying, distribution, or use of such information received in error is prohibited. Please delete and notify sender if you received this message in error. “EXTERNAL EMAIL: This email originated from outside of the organization. Do not follow guidance, click links, or open attachments unless you recognize the sender and know the content is safe.” EXTERNAL EMAIL. Links/attachments may not be safe.

Staff Report
Date: June 14, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Department Prepared by: Ryan Pursley, Chief Building Official
[email protected]
(925) 671-3173
Subject: Considering approval of four separate Professional Services Agreements in the amount of $500,000 each for a five year term with 4LEAF, West Coast Code Consultants, TRB and
Associates, and Shums Coda Associates for Plan Check and Building Inspection services, and authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney.

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

Report in Brief
The City of Concord currently utilizes multiple Agreements for Professional Services with consultants to provide staff augmentation and consulting services for the Building Division, as a standard practice to cover spikes in workloads, staff vacancies, and specialty assignments that require unique qualifications. The existing Agreements for Professional Services with TRB and Associates, 4LEAF, and West Coast Code Consultants have a maximum limit of $530,000, $250,000, and $250,000 respectively, and have had terms, when extensions are included, of up to 5 years. All three existing contracts expire on June 30, 2022. In order to continue to provide plan check and inspection services in a timely manner to support the City’s economic development and customer service goals, the City needs to execute the proposed new agreements. The proposed four new agreements would each have a term extending through fiscal year 2026-27 and would each have a not to exceed limit of $500,000. The contract amounts

3.d3.d3.d3.d3.d

City Council Agenda Report
Agenda Item No. 3.d
June 14, 2022
are maximums and not guaranteed expenditure amounts; use of the contractors depends upon workloads and actual expenditures each year are controlled by the adopted budgets. All four firms were identified and selected through an Request for Proposal process.

Recommended Action
Approve four separate Agreements for Professional Services each with a maximum allowable compensation of $500,000, each with a five year term through June 30, 2027 with 4LEAF, West Coast Code Consultants, TRB and Associates, and Shums Coda Associates; and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney.

Background
Over the past 15+ years, the City’s Building Division has utilized consulting services to perform plan reviews and building inspections when workloads exceed the capacity of City staff. Consultants also provide on-call coverage when Building division staff is in training, on vacation, sick, or when there are staff position vacancies. They can also be used to cover specialty assignments for certain technical projects. Consultants are used on an as-needed basis to cover fluctuations in workload that do not consistently amount to a permanent full-time position.

Consultants are needed to maintain our current customer service levels and address Council economic development goals, including meeting plan review turnaround times and providing next day inspections, and to provide staffing flexibility. Without consultants plan check review times would be longer and next day inspections would not always be available, delaying approval of permits and construction of current and future development projects within the City. The City also utilizes consultants to provide additional expertise that is required for certain technical projects.

Retaining multiple consultants under contract concurrently provides the City with flexibility to utilize different consultants based on their subject expertise and availability consultant consulting firm may have inspectors available but not plan checkers, or plan checkers and not inspectors. Some may have staff available to cover positions in the office, while others may only be available to perform remote work. Historically the City has maintained contracts with multiple building consultants and utilized more than one at a time for these very reasons. This has been an effective practice to deliver the best possible service to our customers.

Setting each of the contract limits equal to one another provides the Building division with full flexibility to distribute workload between consultants as needed under various circumstances. Setting the contract ceilings at an amount that includes a buffer above what staff anticipates as need enables the City to maintain coverage in unexpected circumstances, such as multiple position vacancies or large spikes in permit activity. In these scenarios staff can request Council approval of budget adjustments as needed,

City Council Agenda Report
Agenda Item No. 3.d
June 14, 2022
but would not have to go back and amend the contracts; amending contracts is time consuming.

Analysis
As stated previously in this report, the contract amount is not a guarantee of any work awarded to any of the consultants; it is only a maximum level of compensation for the contracts. The total cost of work assigned to the consultants is limited and controlled by the City Council approved expenditure budget and its associated purchase order levels.

The Council approved budget for fiscal year 2022-23 allocates $290,000 for professional consulting services. The Chief Building Official will determine if outside consulting support is needed and will select which firm to work with based on expertise and availability. Total annual invoice levels are monitored on a monthly basis by Building Division staff and checked for accuracy with assigned work and coverage and for staying within budget limitations.

Procurement Process
On March 24, 2022, the City issued Request for Proposals (RFP) no. 2470 for Building Permit and Inspection Consultant Services. Eight proposals were submitted, which were reviewed and ranked by the City’s selection panel. Based on the cumulative scoring, 4LEAF, West Coast Code Consultants, TRB and Associates, and Shums Coda Associates were ranked the highest and selected to provide building consulting services to the City. Four of the eight companies were selected in order to provide options and flexibility of services. There was a clear delineation between the four highest scoring and four lowest scoring companies.

Financial Impact
None. All allowable compensation associated with these Agreements for Professional Services is fully funded by revenue from building plan review and building inspection fees, and is limited and controlled by the Council approved budget. The cost of these professional services is charged directly to building permit and inspection customers and fully reimbursed to the City.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity/award of this contract for design professional services 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 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 as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination

City Council Agenda Report
Agenda Item No. 3.d
June 14, 2022
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. Agreement for Professional Services (4LEAF)

2. Agreement for Professional Services (West Coast Code Consultants)

3. Agreement for Professional Services (TRB and Associates)

4. Agreement for Professional Services (Shums Coda Associates)

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2022 between the City of Concord ("CITY") and 4LEAF, Inc, 2126 Rheem Drive, Pleasanton, CA 94588 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professiona l 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 Agree ment shall commence on July 1 , 2022 and expire on June 30, 2027.

2. SCOPE OF SERVICES. S ubject 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. T he 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, shall in no event shall the amount CITY pays CONSULTANT exceed five hundred thousand dollars ($500,000) for the term of this Agreement. 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 inc
lude 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 deemed a w aiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTH ORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by C ITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required Attachment 1

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by the City Council. The CITY’s authorized representative is Ryan Pursley , Chief Building Official of the Community Development Department . The CONSULTANT ’s authorized representative is Kevin J. Duggan, President.

5. AM ENDMENT TO AGREEMENT . This Agreemen t may be amended in writing, subject to approval by both parties. If ad ditional 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. A mendment 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 t his 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 CONSULTANT, its officers, agents, employee s, 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

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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 p ersons, 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. S
TANDARD OF PERFORMANCE . CONSULTANT rep resents and warrants to CITY that CONSULTANT is skilled and able to provide such service s descr ibed 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.

8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the pr ior written ap proval 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

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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 shal l remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. O WNERSHIP AND MAINTENANCE OF DOCUMENTS . Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products complied by the CONSUKTANT 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. CONSULANT may retain copies o 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.

10. I
NDEMNIFICATION.

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 liabi lity 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 t o defend, indemnify and hold harmless the CITY (including its office rs, 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

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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 neglig ence or willful misconduct on the part of the CITY.

11. I NSURANCE . 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. Co mmercial 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. Au
tomobile 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. Pr ofessional 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. Co
mpliance 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, of ficials, 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. Ot
her Insurance Provisions . The policies are to contain, or be endorsed to

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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 time ly 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 respec t to CITY , its officers, officials, agents, employees and volunteers.

Any insurance, risk pooling arrangement, or s elf-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 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 CI TY 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 beha lf. 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. T
IME 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

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shall be strictly construed.

13. S USPENSION 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 m
ay terminate this Agreement for any reason upon ten (10) days written notice to the o ther 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 de liverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole pro perty. 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:

A. E qual 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

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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. CO
NFLICT 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 or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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. CO
MPLIANCE WITH LAWS . CONSULTANT s hall 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 perfor mance 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,

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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. CH OICE 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-W
AIVER. 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.

20. ENFORCEABILITY;
INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are hel d 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 b e 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 e
xhibits 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 pri or or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.

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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 writi ng and mailed postage prepaid by certified or r egistered 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 n otice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

T
o CITY: Ryan Pursley , Chief Building Official
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3173
Email: [email protected]

To CONSULTANT: Kevin J. Duggan, President
4LEAF
2126 Rheem Drive
Pleasanton, CA94588
Phone: (925)462-5959
Email: [email protected]

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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. E XECUTION. 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 a
nd 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: Kevin J. Duggan Name: Valerie J. Barone Title: President Title City Manager
Address: 2126 Rheem Drive Address: 1950 Parkside Drive
Pleasanton,CA 94588 Concord, CA 94519
Telephone: (925)462-5959 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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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 $500,000. Account Code 100-8600-1Z01-63800-500.

Finance Director's Signature

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 10 Section 4: Scope of Work April 14, 2022
SECTION 4: SCOPE OF WORK

BUILDING PLAN REVIEW SERVICES
4LEAF will provide P lan R eview for any type of structure to ensure compliance with all ad opted codes, local ordinances (including Tier 1 of C al Green, if required) and S tate and federal laws that pertain to Building and Safety, and for compliance with the adopted Inter national Code Council (ICC) Building, Plumbing, Electrical, Mechanical, Nati onal Fire Protection codes and standards, and the Ac cessibility and Noise and Energy Conservation requirements as m andated by the State of California Title 24, State of California Water Efficient Landscape Ordinan ce, the State of California Certified Acces s Specialist ( CASp) compliance, and all other applicable ordinances. The types of projects we provide these services for include Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial.

Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether pro jects are i n accordance wit h applicable building and fire codes , and City ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, stra ins, loads, and stability as per the applicable laws;
• Reviewing pl ans t o ensure conformity with use and occupancy classificat ion, gene ral building heights and areas, types of construction , fire resistance construction and protection systems , means of egr ess, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.

On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.

Process Mapping
4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subjec t-matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan. 4LEAF
imple mentation s taff work both on- and off -site during this process and offer extensive training to existing municipal staff members on the use of a jurisdiction ’s preferred permitting software. We have a robust amount of experience with software that aids in the implementation of process mapping, such as OpenGov, e- PlanSoft, TRAKiT, EnerGov, Accela, and iWorQ.

Exhibit A - Scope of Work and Fee Schedule

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 11 Section 4: Scope of Work April 14, 2022
Plan Review QA/AC Review Process
Task 1 – Project Tracking Set-up
The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Concord each to track the progress of t he review. Ou r plan t racking procedures are d esigned to trac k each subm ittal throughout the review process and maintain accurate and comprehensive records for each submittal.

Task 2 - Complete Submittal Review
Upon receiving the plans from the City , 4L EAF will triag e (pre liminary p lan review perfo rmed by 4LEAF p lan review project lead) the submittal to verify that the submittal received is comple te (i.e., all pertinen t plans, calculations, r eports, and ot her related documents) i n order that we can b egin our review . I f th e su bmitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review.

Task 3 - Plan Review Assignment
After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each appl ication into o ur database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking.

Task 4 - Plan Review
4LEAF will provide the project contact (Developer, Contractor, Architect, or Engi neer) des ired by the City of Concord with a list o f any items needing correction and clar ification to comply w ith applicable bu ilding codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances.

Task 5 - Quality Control
Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adhe rence to applicable codes and ordinances as well as for accuracy and completenes s.

After completion of our quality control review a correction list will be e-mailed to a designated staff member at the City of Concord or as directed by the City.

The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements.

Task 6 - Plan Review Rechecks
Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designe rs to resolve all unresolved issues after our second review. If it appears that there ar e complicated issues th at might cause a pro ject to go b eyond our second revie w, we will communicate di rectly with the designer to resolve these concerns.

Task 7 - Project Approval
Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and suppor ting documents per the City of Concord processing requirements and return them to the City, along with our letter of completion.

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 12 Section 4: Scope of Work April 14, 2022
Turn-Around Times
4LEAF has a tremend ous reputation fo r co mpleting projects on-time and under budget. 4LEAF’s plan review team is widely rec ognized for quick turn -around times and prompt service. Off- site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn-around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services.

Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
*Residential < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi-
Family
< 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick
up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large
Commercial
> 15,000 s.f.
< 24 Hours (pick
up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable *Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing.

Pick-up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e -mail. 4LEAF prefers to pick -up and deliver the plans in person to communicate information that may be pertinent to the project and maintain consistent communication. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail for “pick-up” to [email protected]. 4LEAF’s EZPlan Review
EZPlan Review is o ur in-house tracking software that acts as a co mmunication tool between 4LEAF and the
jurisdictions we work with. The use of EZPlan makes
communication easy. This web portal allows users
visualize project due dat es, notes, a nd st atus updates so that projects ca n be followed from start to finish.

Additionally, 4LEAF provides electronically stam ped and uploaded copies of approved project plans, a value which saves clients time and resources. With the use of E ZPlan, 4LEAF hopes to provide a level of ease and t ransparency during the off-site plan review process.

Document Control
When plans and do cuments are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, cr eates a job number, a nd completes a J ob Set up Sheet . This fo rm highlights both the jurisdicti on, applicable contact information, and all project specific design criteria and notes. Jobs are

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 13 Section 4: Scope of Work April 14, 2022
then transmitted through 4LEAF’s easily accessed EZPlan Review Por tal which tracks in itial and subsequent reviews and is open for view by the client. The City and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.

Plans then get distributed for review to a 4LEAF team consisting of Pl an Review En gineers, Architect (a licensed sta te professional) and/or an ICC Certifie d Pl ans Examiner, as applicable. Our staff th en performs his or her function of analyzing the plans and do cumentation for effective
conformance to the state code s, refere nced const ruction standards, and C ity amen dments. 4 LEAF’s code review
methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and f orwards comments or approvals to the client’s pre-designated contacts.

Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this serv ice for o ur clients. This process delivers a high degree of cost effectiveness , time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company-wide, from any of our office locations. A protec ted online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to City staff for immediate access to information regarding project status during the review process.

4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy re view of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with re liable file creation. Bluebeam integrates flawlessly wit h our Gr een L ine a pproach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days.

Additional Technologies
Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of d ifferent technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:

Structural Only Review
Upon request, 4LEAF will perform “structural only” reviews for the City. 4LEAF can communicate directly with the designers via email, in-person meetings, and through our EZ Plan Review system. 4LEAF prefers PDF files for “structural o nly” reviews as they allow several S tructural Engineers to review plans t ogether should there be design-related questions. The majority o f 4LEAF’s plan review engineers have a design background and work well with project designers.

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 14 Section 4: Scope of Work April 14, 2022

BUILDING INSPECTION SERVICES
4LEAF has a team of m ore t han 200 ICC Certified Building Ins pectors, OSHPD/D SA Inspectors of R ecord, Fi re Personnel, and Construction Inspectors working on various contra cts. 4LEAF has a team committed to work in Northern California who will remain for the dura tion o f pro jects to e nsure we ca pture the goals and performance that have made our inspection system successful.

We maintain the largest database of qualifie d inspectors of varied qualifications . Inspectors vary from current full-time ins pection staff, idle staff (tem porarily between assig nments), and pre -qualified staff w hich include inspectors who are available subject to client demand. 4LEAF’s inspectors ar e all ICC Certified and experienced working within a municipal work environment. 4LEAF will prov ide i nspectors with all the necessar y tools , equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time inspectors same -day or with in one business day —simply call, email, or te xt o ur assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.

Periodic Inspection Services  Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a w ealth of local and available inspectors ready to serve the City. In addition, 4LEAF has a prov en track record of p roviding such services to a number of different building departments.

Part-Time Inspection Services  Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will w ork closely with th e department to identify the right personnel and determine the appropriate work schedule.

Full-Time Inspection Services  Available Two Days or Less 4LEAF ca n pr ovide full-time inspectors upon request. 4LEAF prov ides t his s ervice re gularly to many client s throughout Northern California, Central Coa st, S acramento Valley, Peninsula/South Ba y, East Bay, N orth Bay, Central Valley, and Southern California.

Project Specific Inspection Services  Available Two Days or Less 4LEAF is o ften tas ked with pro viding inspe ction serv ices to la rge proje cts on behalf o f municip alities. 4LEAF currently handles larg e-scale proje cts for such clients as th e Cit y of Palo Alto, City of Cupertino, et c. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).

Proposal to Provide Building Permit & Inspection Consultant Services to the City of Concord (#2470) Page 15 Section 4: Scope of Work April 14, 2022

BUILDING DEPARTMENT SERVICES
4LEAF has a proven track record of providing Permit Technician/Counter staff and Building Of ficials to jurisdictions. 4LEAF can deploy suc h staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications.

Permit Technician
4LEAF Permit Technician St aff mus t b e ex perienced and de dicated to serving the public at the Planning and Building Department count er. 4LEAF has numer ous of Permit/Counte r Technicians on sta ff, many who are currently ass igned t o Bui lding D epartments throu ghout the state. All staff will have the materials, resource s, tools, and training required to perform the job. Typical Permit Technician duties include:
• Accepting plans for plan check
• Verification that plans are accurate and complete
• Calculating permit fees
• Explaining ordinances and procedures to owners, contractors, developers, architects, and general public • Assisting with preparation of permit applications
• Receiving plans for Planning and Building permits and route to various agencies (if requested) • Accepting complaints on code violations, process, and record complaints • Answering phone calls for field and office staff
• Processing inspection requests
• Maintaining files for building permits
• Operating the Building Department’s computerized information system • Inputting a variety of information, including building permits and inspections • Completing related duties and responsibilities as assigned by Building Official and Senior staff members

Building Official
The 4LEAF Interim Building Official can provide in-house plan reviews to the City, limiting the amount of projects distributed to outside consultants and helping the City achieve significant cost savings. The Building Official will act as an adjunct staff member to the City and work with City personnel and various departments to perform professional building services including but not limited to pl an review, p ermit technician, building inspection, and code enforcement.

Staff qualifications for this role include evaluating an d documenting projects for compliance with applicable building standards and housing codes, on - and off- site plan review, staff augmentati on, and other building department related tasks. Proposed staff for this role will be appropriately trained and certified for all work.

Building Department Services Placement Schedule

Building Department Staff Interim Full-Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Building Official < 2 Days < 15 Days

Proposal to Provide Building Permit & Inspection Services to the City of Concord (#2470) Page 26 Section 7: Fee Schedule April 14, 2022
SECTION 7: FEE SCHEDULE
FY2022-20 23 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF CONCORD
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70% (First round review)
(Inclusive of all disciplines except Fire and Civil, which are billed on an hourly basis)
Hourly
Plan Review: 70% of City's hourly Plan Check
Fee (Second round and subsequent reviews)
Fee includes:
 Initial review and t wo (2) rechecks . H ourly
charges appl y a fter three ( 3) or more
rechecks.
 Shipping, courier, and electronic service.

Building & Fire
Chief Building Official ......................................................................................................................... $180/hour Structural Plan Review Engineer ........................................................................................................ $158/hour Non-Structural Plans Examiner .......................................................................................................... $135/hour Certified Access Specialist (CASp) Inspector ...................................................................................... $175/hour Certified Access Specialist (CASp) Plans Examiner ............................................................................. $175/hour Senior Combination Building Inspector (Building Inspector III) ......................................................... $135/hour Commercial Building Inspector (Building Inspector II) ...................................................................... $128/hour Residential Building Inspector (Building Inspector I) .......................................................................... $115/hour Permit Manager .................................................................................................................................. $120/hour Senior Permit Technician .................................................................................................................... $95/hour Permit Technician ............................................................................................................................... $85/hour Clerk/Administrator ............................................................................................................................ $75/hour Code Enforcement Officer .................................................................................................................. $115/hour Senior Code Enforcement Officer ....................................................................................................... $135/hour Civil Plan Review (Grading, Improvement Plans) ............................................................................... $170/hour Fire Protection Engineer (FPE) ............................................................................................................ $205/hour Fire Prevention Officer ...................................................................................................................... $168/hour Fire Plans Examiner ............................................................................................................................ $168/hour Fire Inspector II ................................................................................................................................... $145/hour Fire Inspector I .................................................................................................................................... $135/hour Inspector of Record ............................................................................................................................ $ 155/hour Project Management
Project Manager ................................................................................................................................. $195/hour Principal-in-Charge ............................................................................................................................. $235/hour

Proposal to Provide Building Permit & Inspection Services to the City of Concord (#2470) Page 27 Section 7: Fee Schedule April 14, 2022

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff A ugmentation work (excluding plan r eview) is s ubject to 4 -hour minimum charges unl ess s tated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subje ct to a $250.00 minimum fee if percent age-based fee o r two ( 2) hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review ser vices are billed on a percentage basis and includes the initial review and two (2) rechecks.
- Plan reviews will be billed on an hourly basis only after t he initial review and two (2 ) rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2022-2023 contract period. 3% escalation for FY2023-2024, and FY2024-2025 is negotiable per market c onditions. At the time of extension, rates will be moved to market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due 30 days from receipt.

Proposal to Provide Building Permit & Inspection Services to the City of Concord (#2470) Page 28 Section 7: Fee Schedule April 14, 2022
• In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-d irected tasks or requirements. Client sh ould allow 4LEAF’s non-e xempt, hourly employees th e opportunity to take their entitled rest and meal breaks during each work shift. • If 4LEAF i s requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
- If 4LEAF’s affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required.

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2022 between the City of Concord ("CITY") and West Coast Code Consultants , Inc, 5000 Executive Parkway, Suite 510, San Ramon, CA 94583 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professiona l 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 Agree ment shall commence on July 1 , 2022 and expire on June 30, 2027.

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, shall in no event shall the amount CITY pays CONSULTANT exceed five hundred thousand dollars ($500,000) for the term of this Agreement. 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 ad equate 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. P ayment 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.

4. AUTH ORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered Attachment 2

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by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Ryan Pursley , Chief Building Official of the Community Development Department . The CONSULTANT ’s authorized representative is Giyan Senaratne, CEO/Principal.

5. AMENDMENT TO AGREEMENT . This Agreemen t 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 Additi onal 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 Secti on

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 tha n 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 CONSULTANT, its officers, agents, employee s, volunt eers 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 pe rforms this Agreement and shall only dictate the results of the performance.

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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 p ersons, 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 rep resents and warrants to CITY that CONSULTANT is skilled a nd 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.

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

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representative as t he 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 . Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products complied by the CONSUKTANT 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. CONSULANT may retain copies o 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.

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, e mployees 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 CI TY 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 Al l Other Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its office rs, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including al l attorney’s

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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 li ability 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 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 subrogat ion 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.

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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 respec t to CITY , its officers, officials, agents, employees and volunteers.

Any insurance, risk pooling arrangement, or s elf-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 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 t his 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 PERFORMAN CE. The time of performance of the services under this

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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’ w ritten 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 o ther 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 de liverables (“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, 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 inc luding Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by

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CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential su bcontractor, 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 CO NSULTANT’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 or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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

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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 g athering, 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.

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.

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 Agreem ent. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discuss ions between CONSULTANT and CITY, whether oral or written.

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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 notice s required hereunder shall be in writing and mailed postage prepaid by certified or r egistered 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.

To CITY: Ryan Pursley , Chief Building Official
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3173
Email: [email protected]

To CONSULTANT: Giyan Senaratne, CEO/Principal
West Coast Code Consultants
5000 Executive Parkway, Suite 510
San Ramon, CA94583
Phone: (925)275-1700
Email: [email protected]

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25. NON-LIABILITY. No member of the CITY and no other officer, official, a gent, 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 her eof 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: Giyan Senaratne Name: Valerie J. Barone Title: C EO/Principal Title City Manager
Address: 5000 Executive Parkway, Suite 510 Address: 1950 Parkside Drive San Ramon,CA 94583 Concord, CA 94519
Telephone: (925)275-1700 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney Cit y Clerk

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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 $500,000. Account Code 100-8600-1Z01-63800-500.

Finance Director's Signature

Teaming with Your Community to Make a Difference | www.WC-3.com 7 Scope of Services
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each building division is unique, and our staff is trained to provide individualized support for each of our clients. We are confident in our ability to perform the duties outlined by the City of Concord, including but not limited to the following:

PLAN CHECK SERVICES
• WC3 will provide both in-office and remote assistance and examine building plans for compliance with the adopted version of the California Building Standards Code and all other State and local mandated ordinances and codes.
• When working off-site, WC3 staffing will facilitate processes through electronic intake and distribution of plans. Our firm is familiar with the City's software systems, Accela and DigEPlan. • WC3 will assist in covering the Permit Center counter and working directly with the public as needed. • All plans examiners shall be ICC-Certified Plans Examiners, registered Civil Engineers and Structural Engineers as needed. Plan check will include a review of Architectural, Structural, Mechanical, Electrical, Plumbing, Accessibility, Energy, and Green Building, as determined by the City.

INSPECTION SERVICES
• WC3 will provide ICC-Certified Building Inspector(s) to perform all building and safety inspections. • Inspectors shall be fully qualified to perform residential, commercial and industrial inspections for compliance to approved plans and related documents.
• Inspections will be performed in accordance with the City’s adopted version of the California Building Standards Code and all other State and local mandated ordinances and codes. • Inspections will include a review of any of the following design elements as determined by the City:

Architectural, Structural, Mechanical, Electrical, Plumbing, Accessibility, Energy, and Green Building. • WC3 ’s inspectors will review permit packages to verify that onsite conditions are consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. • Inspections will generally be provided on a same day or next day basis.

PERMIT TECH AND ADMIN CLERK SERVICES
• WC3 will provide as-needed Building Permit Technician(s) and/or Admin Clerk(s) to perform permit technician work and/or general office related duties.
• Building Permit Technicians and or Admin Clerks shall be qualified to perform general office duties, process and issue building permits, process building plans and related documents.

CASp SERVICES
• WC3 will provide Certified Access Specialist (CASp) Services and miscellaneous general training, code update and adoption resource and support as needed and/or upon request.

Exhibit A
Other Required Documents
Scope of Services (Continued)
Exhibit A - Scope of Work and Fee Schedule

Teaming with Your Community to Make a Difference | www.WC-3.com 24 CITY OF CONCORD – REQUEST FOR PROPOSAL (RFP) # 2470

APPENDIX A

SUMMARY SCHEDULE OF- PROFESSIONAL FEES AND EXPENSES

Exhibit A
Other Required Documents
Fee Schedule
WC3 PROPOSED FEE SCHEDULE

PLAN REVIEW SERVICES FIXED FEE / CONTRACT RATES
Comprehensive Plan Review 65% of City's Plan Review Fees Minimum Plan Review Fee $290 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Hourly Rates Below
PLAN REVIEW SERVICES HOURLY RATES *
CASp Plan Review $150.00 / Hour
Structural Engineer $150.00 / Hour
Plan Review Engineer $145.00 / Hour
Plans Examiner $135.00 / Hour
Fire Protection Engineer $145.00 / Hour
Fire Plans Examiner $135.00 / Hour
INSPECTION SERVICES HOURLY RATES *
CASp Inspector $150.00 / Hour
Certified Building Official $150.00 / Hour
Senior Building Inspector $140.00 / Hour
Building Inspector III $130.00 / Hour
Building Inspector II $125.00 / Hour
Building Inspector I $120.00 / Hour
PERMIT SERVICES HOURLY RATES *
Administrative Assistant / Permit Technician $80.00 / Hour

MISCELLANEOUS SERVICES HOURLY RATES
Reimbursable Expenses At Cost
Courier/Delivery Expenses No Cost
Mileage Expenses Staff Hourly Rate
+ IRS Standard Mileage Rate
(Important notes and details continue on the next page.)

Teaming with Your Community to Make a Difference | www.WC-3.com 25 CITY OF CONCORD – REQUEST FOR PROPOSAL (RFP) # 2470

APPENDIX A

SUMMARY SCHEDULE OF- PROFESSIONAL FEES AND EXPENSES

Exhibit A
Other Required Documents
Fee Schedule (Continued)
WC3’s proposed hourly rates are applicable through June 30, 2023. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted will comply with State of California's Department of Industrial Relations (DIR) regulations.

On site or in-house services (plan review, permit technician, inspections, CBO services) will be provided in eight (8) hour segments. On site services more than forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week
• Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work. • Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost, without mark up. WC 3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost. When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors.

Reimbursements for mileage from our WC
3 offices to the City’s office may apply for staff
augmentation. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’s (IRS) standard mileage rate.

Please see additional Statement on Proposed Fees on the following page. *
(Continued from the previous page.)

Teaming with Your Community to Make a Difference | www.WC-3.com 27 TYPICAL PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our San Ramon Corporate Office and for extraordinarily complex projects, WC
3 will immediately contact the City of Concord and agree on an appropriate response time prior to starting the review.

EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from the City of Concord. The expedited plan review process is a means to accelerate initial plan reviews by experienced fire plans examiners, and when it comes to expedited plan review services, WC
3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited.

In this case, the quality of WC
3’s expedited plan review services do not change. WC 3 will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five (5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.

TYPICAL INSPECTION TURNAROUND SCHEDULE
Inspections shall be performed during the City of Concord's regular business hours. Our inspection services include a commitment to making inspectors available for standard, routine inspection needs associated with projects. Standard turnaround for inspection requests will be scheduled accordingly with 48-hour advance notice and when the schedule allows, WC
3 will make every effort to accommodate emergency or same-day inspection requests. Additionally, when special needs arise, inspectors can also be made available for after-hour, weekend and holiday inspections as well.

INITIAL
(Business Days)

RECHECK
(Business Days)

EXPEDITED
(Business Days)

RECHECK
(Business Days)
New Construction, Additions & Remodels 10 5 5 5
New Multi-Family 10 5 5 5
Commercial Projects (Small) 10 5 5 5
Commercial Projects (Large/Complex)* 15-20 5-10 5-10 5-10 Typical turnaround times for large/complex projects is 15-20 days for first reviews and 5-10 days for re-checks.

The City will be contacted and an appropriate response time will be negotiated on a case by case basis.

INSPECTION PERIOD REQUEST LEAD TIME FOR INSPECTION
Standard - Next Day Inspections 48 Hours Advance Notice Emergency - Same Day Inspections Accommodated as Schedule Allows Exhibit A
Other Required Documents
Timeline & Turnaround Schedule

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2022 between the City of Concord ("CITY") and TRB and Associates , Inc, 3180 Crow Canyon Place, Suite 216, San Ramon, CA 94583 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professiona l 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 Agree ment shall commence on July 1 , 2022 and expire on June 30, 2027.

2. SCOPE OF SERVICES. Subj ect to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in det ail 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, shall in no event shall the amount CITY pays CONSULTANT exceed five hundred thousand dollars ($500,000) for the term of this Agreement. 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 incl
ude 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 deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHO RIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered Attachment 3

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by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Ryan Pursley , Chief Building Official of the Community Development Department . The CONSULTANT ’s authorized representative is Todd Bailey, President.

5. AM ENDMENT TO AGREEMENT . This Agreemen t 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. A mendment for Additional Compensa tion. 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 CONSULTANT, its officers, agents, employee s, volunteers and subc ontractors 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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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 p ersons, 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 weeke nds.

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. S
TANDARD OF PERFORMANCE . CONSULTANT rep resents 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.

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

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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 , CONSULT ANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. O WNERSHIP AND MAINTENANCE OF DOCUMENTS . Title to all plans, specifications, map s, estimates, reports, manuscripts, drawings, descriptions and other final work products complied by the CONSUKTANT 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 o n their use. CONSULANT may retain copies o 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.

10. I
NDEMNIFICATION.

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 ex penditures, 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 office rs, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all attorney’s

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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 arisi ng out of the sole negligence or willful misconduct on the part of the CITY.

11. I
NSURANCE . 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. Co mmercial G eneral 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. Au
tomobile 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. Pr ofessional Liability Coverage (Errors and Omissions) . CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omi ssions 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. Co mpliance 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 t he 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.

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E. Other Insuranc e 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 respec t to CITY , its officer s, officials, agents, employees and volunteers.

Any insurance, risk pooling arrangement, or s elf-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 provisions of the policy shall not affect the coverage provided to the CITY , its officers, officials, agents, employees or volunteers.
(4) Verification of Coverage. CO NSULTANT 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. T
IME OF PERFORMANCE . The time of performance of the services under this

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Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. S USPENSION 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 ma
y terminate this Agreeme nt for any reason upon ten (10) days written notice to the o ther 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 CI TY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other de liverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which sha ll 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 contrac t, CONSULTANT agrees as follows:

A. E qual 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 o rigin. 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 Procur ement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by

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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. CO
NFLICT 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 with in 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 or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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. CO
MPLIANCE 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 it s 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

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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, mas k wearing, and associated requirements.

18. CH OICE 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-W
AIVER. 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.

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.

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 discuss ions between CONSULTANT and CITY, whether oral or written.

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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 r egistered 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.

T
o CITY: Ryan Pursley , Chief Building Official
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3173
Email: [email protected]

To CONSULTANT: Todd Bailey , President
TRB and Associates
3180 Crow Canyon Place, Suite 216
San Ramon, CA94583
Phone: (925)866-2633
Email: [email protected]

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25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or vol unteer 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 inc urred under the terms of this Agreement.

26. E XECUTION. 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 a
nd the same instrument and shall become binding upon the parties when at least one copy hereof shall have been s igned 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: Todd Bailey Name: Valerie J. Barone
Title: President Title City Manager
Address: 3180 Crow Canyon Place, Suite 216 Address: 1950 Parkside Drive San Ramon,CA 94583 Concord, CA 94519
Telephone: (925)866-2633 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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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 $500,000. Account Code 100-8600-1Z01-63800-500.

Finance Director's Signature

CITY OF CONCORD | BUILDING PERMIT AND INSPECTION CONSULTANT SERVICES 4-6

OTHER REQUIRED DOCUMENTS
Pla
n Review Scope & Workplan
TRB is prepared to provide as -needed plan review services for residential, multi -family residential, commercial, and industrial projects encompassing building code, electrical, plumbing, mechanical, fire protection, Title-24 energy, accessibility, and gree n building standards; as well as grading, drainage, floodplain, wildland urban interface fire severity zone, stormwater, grading, hazardous materials, and State housing law Title-25 factory-built structure considerations, as applicable.

Our reviews consider all relevant project documentation including plans, specifications, calculations, and other related correspondence to verify conformance to adopted local codes, ordinances, regulations, and standards, including the following California Building Standards Codes:

• 2019 California Building Code
• 2019 California Residential Code
• 2019 California Electrical Code
• 2019 California Plumbing Code
• 2019 California Mechanical Code
• 2019 California Fire Code
• 2019 Title 24 Energy Standards
• 2019 California Green Building Standards Code
Alternate Material and Methods
TRB and Associates recognizes that there are alternate materials and methods of construction that can be used to satisfy and comply with the provisions of the code. Our experience with the use of alternate materials, alternate design and methods of construction enhances our ability to solve specific issues that arise in design and construction.

Code Interpretation Support
The TRB team is well versed in the intent of codes and standards as they apply to the noted range of projects expected on thi s assignment. To ensure that our techn ical findings are easily understood, we work to ensure that all of our plan review and inspection findings / communications are done in a clear and concise manner. As part of this effort, we include references to any applicable Code or Standard sections to help ensure recipients understand the basis of our findings. Throughout the project, our team will be available to answer questions related to codes or standards at any time.

For those items where additional information may be needed, our team has access to additional resources in the form of code and commentary guidelines, illustrations, and agency interpretations. TRB is prepared to offer any reference information to whomever may be requesting the clarifying material.

As part of his purview, Paul Armstrong, PE, CBO can serve as a facilitator on any code interpretation items. Paul has extensive expert code interpretation experience on projects of great complexity in California and in national and international setting s. Of note, Mr. Armstrong’s experience includes working for International Code Council (ICC/ICBO) in California for over 14 years.

Electronic Plan Review
TRB is prepared to review electronic media using the City’s recently adopted DigEplan plan review system. The staff of TRB are experienced with Concord’s DigEplan system as we
currently provide plan review support to the City . In addition, our team has extensive experience working with the several other electronic plan review systems as well including
Bluebeam and ProjectDox. We have streamlined the tracking of our plan review project activity and are prepared to do so for the City using its Accela tracking system on this assignment.

Exhibit A - Scope of Work and Fee Schedule

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OTHER REQUIRED DOCUMENTS

Online Plan Check Status and Records

To facilitate access to plan review findings and status information, TRB is prepared to initiate its Project Website for use on this assignment if desired by the City. With our project website, all correspondence issued by our team can be posted and maintained for access by City and designated project stakeholder staff. Our postings can include plan review findings (i.e. approval/comment letters), plan review submittal status information, meeting notes, etc.; all of which may be updated on a daily basis. In addition, if so desired by the City, we can also accommodate incoming electronic document postings (i.e. electronic plans, calculations, RFI’s, etc.). To confirm, there is no additional cost for this service.

Plan Review Process

The following process represents an example plan review workflow. Please note that the plan review workflow utilized for the City will align with the City’s specific workflow requirements and needs.

Step 1 – Initial Review:

Upon receipt of a complete set of plan documents, we will perform our plan review in the agreed -upon timeframe, checking for compliance to all applicable code standards.

In general, plan review turnaround timeframe is ten (10) business days for initial reviews and five (5) business days for rechecks and revisions. Timeframes for large-size projects will be confirmed with City staff prior to proceeding with the review.

All corrections are identified based on compliance with specified codes and regulations and worded so the designer will know what needs attention and how to respond to the issue stated. Generally, corrections are identified in two ways:
• Notes can be made on plans as appropriate and authorized to assist in locating the issue on the plans; • A correction sheet is generated detailing what items need to be addressed before plans can be approved.

The client will receive a copy of each correction list in a City-approved format which can include a cover memo containing the date plans were reviewed by TRB and Associates, and the date that the applicant was notified that the plan review was completed.

Step 2 – Transmittal of Plans and Comment Lists for Plan Review:

At the heart of our approach in delivering our services to you, is the recognition that there must be a coordinated effort to track and coordinate all submittals and requests received. To help assure that submittals are properly coordinated and tracked, TR B and Associates has established an internal plan review coordination process to ensure that each plan received for review is properly handled, processed, and returned on time. Our plan tracking procedures are computerized to track each submittal through the review process and maintain accurate and comprehensive records for each submittal. Upon completion of our review, any comments generated are consolidated into a correction letter which is forwarded to the applicant; at the same time, an electronic copy is sent to the City for its reference.

Step 3 – Rechecks:

Upon receipt of the resubmittal package from the applicant, we will verif y that the resubmittal package is complete, and then perform a recheck in the agreed -upon timeframe. This process is repeated until the project plan documents are ready to be recommended for approval.

Step 4 – Plan Approval:

When all review comments are satisfied, we will forward two sets of all relevant correspondence bearing our company’s “Reviewed for Code Compliance” stamp (including plans, calculations, and specifications), along with a transmittal letter indicating our recommendation for project approval, and the project file to the City for processing.

Shipping and Delivery of Plans

TRB provides pre -printed overnight shipping labels and/or pickup services to facilitate the transport of any hardcopy plan submittals to our office. Please note that the pickup, shipment and delivery of plan documents and other relevant correspondence to the City is provided at no additional cost to the City.

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OTHER REQUIRED DOCUMENTS

Building Inspection Scope & Approach

TRB is prepared to perform inspection, referring to building plans, structural plans, and material specifications for structures located within the City limits, upon 48-hour notice. Our inspectors are proficient at verifying project conformance to model code standards (Building, Electrical, Mechanical, Plumbing, Green Building and Energy Code & Accessibility) and locally -adopted ordinances.

TRB provides all labor and technical, administrative, professional, and other personnel; supplies, materials, equipment, and all other resources necessary to perform the specified work. TRB will use existing City forms or can develop correction sheets which meet with the approval of the City and shall maintain written lists of corrections needed to ensure conformance to codes and regulations.

Field Inspection Process

Our experienced team includes individuals with extensive field inspection experience on a range of project assignment types including municipality “Called Inspections,” “Clerk of the Works,” and “Inspector of Record” roles; our team can assist with a broad range of inspection responsibilities. Our scope of service areas includes residential, commercial, and industrial facilities , capital improvement projects, municipal agency services and infrastructure revitalization. Our inspectors are careful to document all inspection activities, adhere to agency-adopted protocols, and follow field procedures and policies as dictated by the Building Official. TRB will maintain daily inspection records and all necessary documents on file for reference by the City. To co nfirm, TRB staff are available for applicant inquiries and/or conferences during normal City business hours. Our inspections include th ose identified in the California Model Codes and would be amended or modified as directed by the City. Our inspection scope includes:
• Foundation Inspection
• Framing Inspection(s)
• Electrical, Mechanical, Plumbing systems inspection
• Lath and/or Gypsum Board Inspection
• Fire Code Inspection, e.g. fire suppression, alarms, etc. • Concrete Slab or under-floor Inspection
• Insulation / Title-24 inspections
• Final Inspection
Remote Virtual Inspection (RVI) Option

Many jurisdictions are considering or have started using virtual programs to provide remote inspection services. Several of o ur clients (including the City of Sacramento) have successfully implemented a virtual inspection program. The system allows staff to keep doing their jobs while abiding by social -distancing requirements. Programs such as Inspected.com (a teaming effort with the ICC) or Blitzz charge a per inspection fee as well as an annual lease of their software. Inexpensive tools like Facetime, Skype, Google Duo and Microsoft Teams are also being used. It is important to note that TRB currently utilizes Microsoft Teams and Facetime for these services but can utilize other programs as requested.

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OTHER REQUIRED DOCUMENTS

Administration, Permit Processing, and CASp Services Scope & Approach

TRB is prepared to provide Permit Technician, Administrative, and CASp services support to the City on an as-needed basis. TRB staff are prepared to work at the City’s offices as an extension of City staff under the supervision of the Chief Building Official or their designee with the knowledge, skills, and abilities to perform the requisite functions:

• Permit Technician / Administrative Assistant: Assist the general public at the front counter or by phone regarding building, planning, and engineering permit requirements, application and permit fees, application filing procedures and processing, and permit status. Screen plans and application materials for completeness and for conformance with City ordinances standards, policies, and guidelines. Review application materials for compliance with conditions of project approval; route plans to other City departments for review; approve and issue minor permits; research and respond to public inquiries.

• Disabled Access (CASp) Services: TRB offers Certified Accessibility Specialist (CASp) Consulting Services to assist agencies with the compliance requirements of State of California Senate Bill 1608 (Corbett). Our team is skilled at reviewing facilit y plans and specifications for compliance with State and Federal accessibility laws, codes, and regulations; evaluating facilities for compliance with State and Federal accessibility codes and regulations; and conducting accessibility research, preparing accessibility reports, and performing accessibility inspections. We offer email/phone consultations, onsite facility inspections and certifications, and expert testimony services as part of our CASp consulting services portfolio.

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OTHER REQUIRED DOCUMENTS

Fee Proposal

TRB and Associates offers the following fixed -fee and hourly rate schedules for services provided. Please note that Building Plan Review services may be rendered on either a fixed fee or hourly rate basis, as noted below. If additional services are requested such as Fire Plan Review, Building Inspection, Staff Augmentation and Other services (e.g. CASp consulting), those services can be provided on an hourly basis at rates shown in the provided Schedule of Hourly Rates and Reimbursables.

Plan Review Services

Our plan review fees may be calculated as a percentage of the Building Plan Review Fee collected by the City. The fee compensation shown covers three total plan review cycles – the initial plan review and up to two rechecks. Any further review cycles which become necessary and reviews of revisions to approved plans would be billed based upon a negotiated hourly rate. Please note that the turnaround timeframe for providing expedited and express plan reviews would be negotiated/mutually agreed upon prior to commencement of the review. Please also note that all plan reviews are subject to a minimum $250 fee.

Turnaround Timeframe
(in business days)
Structural Only
Review
M/E/P Only
Review
Complete Review
(Structural, Life Safety/Disabled
Access, M/E/P, Green,
Title 24 Energy)
Standard*
- 10 days first check
- 5 days rechecks
45% 45% 70%
Expedited**
- 5 to 7 days first check
- 5 days rechecks
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
Standard fee plus an
additional 50 percent
* For exceptionally large/complex projects, 15-day first check and 10 day rechecks may apply, as mutually agreed upon prior to commencement of review.
**Turnaround timeframe would be mutually agreed upon prior to commencement of work.

Please note that the pickup, shipment, and delivery of hardcopy and/or electronic plan documents and other relevant correspondence to the City is included in the above-noted cost.

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OTHER REQUIRED DOCUMENTS

Schedule of Hourly Rates and Reimbursables

The following billing rates apply for services rendered on an hourly basis:

Position Hourly Rate
Principal $165.00
Project Manager $145.00
Building Official $145.00
Assistant Building Official $135.00

Senior Plan Review Engineer/Architect $130.00
Senior Plans Examiner (Building & Fire) $125.00
Plan Review Engineer/Architect $115.00
Plans Examiner (Building & Fire) $ 105.00
Engineering Technician $ 90.00
Permit Technician III $ 85.00
Permit Technician II $ 75.00
Permit Technician I $ 70.00
Clerical/Admin $ 58.00

Fire Protection Engineer $ 215.00
CASp Certified Inspector/Examiner $125.00
Grading/Storm Water Plan Review Engineer $ 205.00
QSP Storm Water Inspector $195.00

Inspector Record / Task Leader $135.00
Supervising Inspector $120.00
Senior Inspector III $115.00
Senior Inspector II $110.00
Senior Inspector I $ 100.00
Inspector II $ 90.00
Inspector I $ 85.00
Intern Inspector $ 65.00

• Overtime, Emergency, Expedited, and After-hours work is billed at the above-noted rates plus an additional 50 percent (Note that no overtime will be charged without client authorization)
• Project inspections subject to prevailing wage requirements are at the above-published rates plus 30 percent. • All requested inspection and other staff-augmentation services are subject to a minimum 4-hour fee. • Reimbursement for direct expenses, incurred in connection with the work, will be at cost plus 15 percent. • Reimbursement for non-City vehicles used in connection with the work will be at the current IRS rate plus 20 percent per mile. • Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates.

The above Schedule is valid through June 30, 2023 and may be adjusted thereafter to account for CPI changes, as mutually agreed upon.

AGREEMENT FOR PROFESSIONAL SERVICES
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2022 between the City of Concord (" CITY") and Shums Coda Associates , Inc, 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588 (“CONSULTANT”).

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

The CITY desires to contract with CONSULTANT to provide the professiona l 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 Agree ment shall commence on July 1 , 2022 and expire on June 30, 2027.

2. SCOPE OF SERVICES. S ubject 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. T he 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, shall in no event shall the amount CITY pays CONSULTANT exceed five hundred thousand dollars ($500,000) for the term of this Agreement. 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 in
clude adeq uate 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. Pay ment 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.

4. AUTH ORIZED REPRESENTATIVES . Authorized representatives shall represent CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered Attachment 4

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by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Ryan Pursley , Chief Building Official of the Community Development Department . The CONSULTANT ’s authorized representative is Christine Godinez, COO.

5. AM
ENDMENT TO AGREEMENT . This Agreemen t 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. A mendment for Additional C ompensation. 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 r ight 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 CONSULTANT, its officers, agents, employee s, volunteers a nd 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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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 author ity, 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 p ersons, 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. S
TANDARD OF PERFORMANCE . CONSULTANT rep resents 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.

8. PERFORMANCE BY CONSULTANT . CONSULTANT shall not employ other consultants, subconsultants, experts, or contract ors 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

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representative as the per son 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. O WNERSHIP AND MAINTENANCE OF DOCUMENTS . Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products complied by the CONSUKTANT 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 limita tions on their use. CONSULANT may retain copies o 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 te rm of this Agreement, unless required by law.

10. I
NDEMNIFICATION.

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, employe es 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 Othe r Services. CONSULTANT agrees to defend, indemnify and hold harmless the CITY (including its office rs, officials, agents, employees and volunteers) from and against all claims, demands, actions, losses, damages, injuries, and liability (including all atto rney’s

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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 liabilit y arising out of the sole negligence or willful misconduct on the part of the CITY.

11. I
NSURANCE . 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. Co mmercial 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. Au
tomobile 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. Pr ofessional 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. Co mpliance 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.

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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. CO NSULTANT 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 respec t to CITY , its officers, officials, agents, employees and volunteers.

Any insurance, risk pooling arrangement, or s elf-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 provisions of the policy shall not affect the coverage provided to the CITY , its officers, officials, agents, employees or volunteers.
(4) Verification of Covera ge. 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 insu rer 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 Ag reement 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. T
IME OF PERFORMANCE . The time of performance of the services under this

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Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. S USPENSION 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 suspe nsion 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 ma
y terminate this Agreement for any reason upon ten (10) days written notice to the o ther 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 de liverables (“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, CONSULTANT agrees as follows:

A. E qual 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

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CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontr actor, 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. CO
NFLICT 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 employ ee 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 or of any CITY official, other than normal contract monitoring; and (2) P ossesses 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. CO
MPLIANCE 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 conduc t 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

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applicable Federal, S tate 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. CH OICE 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-W
AIVER. 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.

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 Ag reement. 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 discuss ions between CONSULTANT and CITY, whether oral or written.

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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 conse nt, 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 requ ired hereunder shall be in writing and mailed postage prepaid by certified or r egistered 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.

T
o CITY: Ryan Pursley , Chief Building Official
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3173
Email: [email protected]

To CONSULTANT: Christine Godinez , COO
Shums Coda Associates
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA94588
Phone: (925)463-0651
Email: [email protected]

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25. NON-LIABILITY. No member of the CITY and no other officer, offici al, 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. E XECUTION. 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 a
nd 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: Christine Godinez Name: Valerie J. Barone Title: COO Title City Manager
Address: 5776 Stoneridge Mall Road, Suite 150 Address: 1950 Parkside Drive Pleasanton,CA 94588 Concord, CA 94519
Telephone: (925)463-0651 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk

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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 $500,000. Account Code 100-8600-1Z01-63800-500.

Finance Director's Signature

Shums Coda Associates
City of Concord
Building Permit and Inspection Consultant Services
10 Scope of Services
Plan Review Implementation Plan
In order to begin a successful delivery of our services to the City of Concord, we must have strong communication between our permit technician/administrative staff, to ensure that electronic plans are properly received and complete to allow us to begin our review. There is a great deal of time spent by our plans coordination staff to review each submittal when received for completeness and assure that we reach back for missing information or issues early on in the review process.

SCA staff has a system in place that verifies that all electronic files are received (correcting any corrupted files) and assess that all documents needed for the review have been re ceived. Our team will usually reach out to City of Concord’s staff within 24 -hours, with any discrepancy in submittal documents, or even transmittals related to each review.

Once this first step is completed, our Plan Check Manager meets with the Plans Coordinators to assess and understand each project received, as well as putting it into a larger database schedule that we maintain internally for all jurisdictional projects being received. It is at this point that our Manager and Coordinator will begin the process of assigning each project a unique SCA job number for tracking purposes, which the City of Concord staff or applicants can access at any time during our review cycles. Then each project will be assigned to a SCA plan review team member, based on e xperience, expertise, and complexity of the project along with the current availability of each team member. Our plan review staff is well versed and able to review all code requirements. Most smaller projects can be reviewed by a single plan examiner/engineer and for large projects, our plans coordinators will confer with our plan review manager to divide project portions into smaller systems reviews – which ensures that the project stays on schedule with multiple persons assigned to handle larger lifts. T he plans coordination team will continue to check-in and update schedules during each cycle of review, and make sure that each plan review member remains on schedule or re -assigning (when needed) some work to ensure turnaround times are met. When review cycles are finally completed, our managers will review final products to ensure that comments are formatted properly, and clear in regards to code concerns. Then they will register the cycle completion, deliver comment lists or approvals back to the City of Concord’s staff for delivery to the applicants.

Our standard plan review results in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if approved by the City of Concord ) to expedite or clarify pla n review items by contacting the designers and communicating directly, using the most advantageous media available, to resolve issues. In today’s development climate a brief phone call, or a thirty -minute online meeting can save weeks of back -and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the designer’s technology or jurisdictional inter - department review process, which sometimes prohibit these methods from being implemented with every projec t. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through the City of Concord , as directed by your staff. All reviewed and approved documents shall be returned to the C ity after the plan review process is completed, and input into the tracking software as directed by the City of Concord’s staff.

When questions arise, this is the part of the SCA team that initially fields the questions and directs inquiries to the approp riate plan review staff to respond and resolve issues. This ensures that every item related to a plan review list can be responded to and resolved with the staff person that created the comment initially. We are committed to returning calls and emails, promptly and with a professional approach associated with these services.

Exhibit A - Scope of Work and Fee Schedule